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1999-01-19 CC Packet City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Note that the financial report prepared by Finance Director Lou Ann Heath and the Town Square Status Report prepared by Deputy Director of Public Works Ron Harper are included in your packet under Item No. 4B-1-6 and 4B-7-8, respectively. If you have any questions, call Lou Ann Heath, Ron Harper, or me. 1. Agenda Item No. 5A. Approval of Minutes of the Regular City Council Meeting held on January 5, 1999. If you have any changes to the minutes of the regular City Council meeting 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. ZA 98-146, Final Plat for Loch Meadow Estates, Amended to Plat Revision. This item appears on your agenda as a Final Plat because it was originally submitted and placed on the P&Z agenda as a final plat. After the submittal it was discovered that this property actually included two previously platted lots, so the application was amended to a Plat Revision. The plat was tabled at that time so that all required notifications for a Plat Revision could be sent out prior to P&Z consideration. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (6-0) on January 7, 1999 subject to the Plat Review Summary. Feel free to contact Sr. Planner, Dennis Killough regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 2 of 23 3. Agenda Item No. 5C. Approval of the 5-Year Parks Capital Improvements Plan C( IP). You may recall that SPDC and Park Board met jointly to work through the details of this plan, the purpose of which is to prioritize park development projects over the next five years. The memo from Kevin Hugman provides a bullet point snapshot of the plan, as well as an attachment with the funding details. The five- year plan anticipates approximately $24.6 million in revenues, and appropriates all but $3.6 million. Please contact Kevin if you have questions about the projects, or Finance Director Lou Ann Heath if you have questions regarding financial projections. 4. Agenda Item No. 5D. Authorize the Mayor to enter into an agreement for community services between the Women's Haven of Tarrant County Inc., and the City of Southlake. This is the first year we have entered into this type of agreement with the Women's Haven of Tarrant County Inc. Note in the memo from Director Campbell that cities are making "contributions" to the Women's Haven for services received by their residents in order to help the group make up for some of its lost grant funding and increased costs. Southlake will make a flat contribution of $1,000 for FY 1998-99. It is our understanding that a representative from the Women's Haven will be present at your work session to answer any question you may have about the services they provide. 5. Agenda Item No. 5E. Award of contract to Whitewater Construction, Inc., for the construction of road, sanitary sewer, and water improvements on Lilac Lane. This item allows for the construction of road, sanitary sewer and water improvements on Lilac Lane. This project was originally considered in the FY 97-98 CIP_plan along with the roadway reconstruction of Pine Drive. As noted in the memo from Bob Whitehead, in June, 1998 the City Council authorized the reprioritization of these Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 3 of 23 projects in order to add to the Lilac Lane project funding for sanitary sewer as well as the construction of the roadway. A total of 6 bids were received, and as explained in the memo from Bob Whitehead, the recommendation is to award the contract to Whitewater Construction for an amount of $287,099 of which $262,949 is to construct the sanitary sewer and roadway and $24,150 is to construct the water improvements. The engineering and. surveying cost for this project is $23,833, which places the total project cost at $310,932. Note that the water system improvements are budgeted as part of the system maintenance, while the street and sewer improvement funding is provided for in the CIP budget. The bids received from the bidders separated the costs for the roadway, sanitary sewer and water improvements, however, the project was bid as a total cost bid. Please let Bob Whitehead know if you have any questions regarding this item. 6. Agenda Item No. 5F. Award of bid to Bowles Construction Company for the construction of a 24" water transmission line along S.H. 114 from Trophy Club to the T.W. King Pump Station No. 2. This project is part of the NETCRWS which will provide a reliable water supply and distribution system to serve the needs of the cities participating in the regional system. The 24" water transmission line along S.H. 114 from Trophy Club to the T.W. King Pump Station No. 2, will serve the northern most portion of Southlake. The goal of this water line, along with the 30/36-inch line extending from Pump Station No. 1 to the ground storage tank on T.W. King, is to ensure a redundant supply of water to the City. Therefore, if a water supply main breaks, there will be additional water lines to maintain water Qe service to our residents. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 4 of 23 The CIP budget includes a total of $1,511,000 for the construction of this transmission line. (Keep in mind, it is anticipated that a portion of the costs for this construction will be reimbursed to us after the project is completed). Out of a total of 10 bids received, the low bidder was Bowles Construction Company with a bid of $1,440,693. Please contact Bob Whitehead if you have any questions regarding this item. 7. Agenda Item No. 5G. Ordinance No. 732, 1st Reading, Amending Chapter 11 of the Southlake Code of ordinances with the addition of Section 11-1, prohibiting urinating and defecating in certain locations. As unbelievable as it seems, we need to get the provisions of this ordinance into our code to provide a means for strict enforcement of this prohibition. State law, as currently written, makes it difficult to enforce. This ordinance would give our officers the ability to issue citations even if there is no reckless exposure by the offender. Given the increased traffic through our city limits, particularly for events at the Texas Motor Speedway, we need to provide our officers with the ability to strictly enforce the prohibition. Please let Director Campbell know if you have any questions about this item. 8. Agenda Item No. 5H. Ordinance No. 733, 1st Reading, Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, revising the block addresses of school crossing zones that have a 20-mph speed limit, and revising the designated hours of the school zones. This item is basically a clean up of the Southlake City Code to ensure the wording in the code matches the description of the designated school zones. Some of the school zone block addresses were modified after the publication of the City Code. Other clean-up for this section of the code includes the addition of a school crossing zone not yet listed in the code, and the removal of a school crossing zone listed twice. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 5 of 23 Councilmember Kendall has indicated that she would like to see City Council consider limiting the posted designated hours of the school zones. This ordinance also allows the City Council to revise the designated hours of the school zones if you so desire. The school zone hours have been carried forward from previous ordinances. A brief chronology of the posted hours is as follows: • Ord. #118, Date: 10/58, Hours: 7:30-4:30 p.m. • Ord. #231-1, Date: 2/78, Hours: 7:30 - 8:45 a.m. and 2:30 - 3:45 p.m. • Ord. #269, Date: 1/82, Hours: 7:30 - 8:45 a.m. and 2:30 - 3:45 p.m. • Ord. #546, Date: 10/91, Hours: 7:30 - 8:45 a.m. and 3:00 - 4:00 p.m. • Ord. #642, Date: 9/95, Hours: 7:00 - 9:00 a.m. and 2:00 - 4:00 p.m. The posted hours were determined by City council. In looking at the minutes, there is no record of why the specific times were designated in any of the ordinances. It is my recollection that in 1991 and 1995 City Council was attempting to standardize the school zone hours in the City around the different starting/ending times for the different school campuses, as a result of input from the community and the school board. Today the intermediate and junior high school begin at 8:40 a.m. and end at 3:40 p.m., the elementary schools begin at 8:00 a.m. and end at 3:15 p.m., and the high school begins at 8:15 a.m. and ends at 3:30. In a brief discussion with CISD Superintendent Ted Gillum, he mentioned that he thought a one hour period in the morning and afternoon (thirty minutes before and after school begins/ends) would Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest E for City Council Meeting January 19, 1999 Page 6 of 23 be sufficient. City Council could establish a time specific to each school, rather than have hours that are uniform. The cost to change the signs, should City Council change the hours, would be all but negligible (i.e., several hundred dollars total at the most). Please contact Bob Whitehead if you have any questions regarding this item. 9. Agenda Item No. 5I. Authorization to advertise for bids for installation of a closed loop communication system for the traffic signal lights on F.M. 1709. As pointed out in the memo from Charlie Thomas, we have had synchronized signals since this summer but they have been of the manual sort, with clocks located on each signal. This approach works, although not to maximum effectiveness. Installing a closed F loop, computerized system will provide for one "clock" to control the synchronization and provide for a more efficient method of making adjustments as needed. As Charlie notes, the closed loop system is being designed to include all existing signals on F.M. 1709, as well as the signals planned for Shady Oaks, Central Avenue at Town Square, and Commerce Street. The system will continue with the two cycles, i.e., morning and afternoon commuter peak hours. Note that we also plan to re-evaluate the cycles to review the impact of the synchronization on side street waiting times. 10. Agenda Item No. 5J. Ordinance No. 731, 1st Reading, Revising Chapter 5, Article V, "Sexually Oriented Businesses" of the Southlake City Code (1996) and amending the Comprehensive Zoning Ordinance, No. 480, as amended. This item is before the Council to revise the Southlake City Code regarding the regulation of sexually- oriented businesses and to amend the Comprehensive Zoning Ordinance to establish sexually- oriented businesses as permitted uses in the I-1 and I-2 Districts (as recommended by P&Z). Recall that there is currently a SOB moratorium in place Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 7 of 23 until February 13, 1999. Given the current schedule: first reading on January 19, 1999 and second reading on February 2, 1999, no further extension of the moratorium should be necessary. When preparing this ordinance, City Attorney Analeslie Muncy patterned the proposed revisions of Southlake's regulations after the Dallas ordinance because it has withstood several court challenges since its adoption. Included in your packet is Ms. Muncy's comparison of Dallas' regulations and those proposed for Southlake. Also included is A Report on Sexually-Oriented Businesses and Their Secondary Impacts, prepared by Zoning Administrator Karen Gandy as well as all the studies, reports and findings cited in her report. Ms. Gandy has also provided a presentation paper that briefly describes the secondary impacts of sexually-oriented businesses and that summarizes Ordinance No. 731 and its provisions. Feel free to contact Karen Gandy should you have any questions regarding this proposed ordinance revision. 11. Agenda Item No. 7A. Ordinance No. 480-294, 2nd Reading, (ZA 98-130), Rezoning and Concept Plan for Harris Methodist Southlake. This request proposes a zoning change from "O-l" to "S-P-2" with "0-1" uses to include ambulatory surgery, imaging center, and associated services which are permitted "C-2" uses. There are no unresolved issues regarding this request. Planning and Zoning Commission recommended approval (7-0) on December 17, 1998 allowing the applicant's proposed parking ratio of one space per 200 square feet of building floor area. The City Council approved the first reading of this item (7-0) on January 5, 1999 per P&Z's recommendation and requiring that future building and parking construction remain within envelopes indicated on the plan and that any deviation Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 8 of 23 from this will require rezoning of the property. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 12. Agenda Item No. 7B. Ordinance No. 480-295, 2nd Reading, (ZA 98-116), Rezoning, from "AG" to "SF-IA." This property is located on the south side of East Dove Street across from the intersection of Dove and Ridgecrest and includes all of Lot 3, Block 1 Steward Addition. There have been no changes since City Council approved the first reading (6-0-1) on January 5, 1998. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 13. Agenda Item No. 7C. Ordinance No. 480-296, 2nd Reading, (ZA 98-150), Rezoning from "AG" to "SF-lA." This property is located between Southridge Lakes Parkway and N. Peytonville Avenue adjacent to the Southridge Lakes residential development. The adjacent properties to the south and northeast are platted and zoned "SF-20A" Single Family Residential and the property to the northwest is platted and zoned "RE" Single Family Residential Estate. Sanitary sewer service is available from a sanitary sewer stub and manhole located east of the site within the Southridge Lakes Parkway right-of-way at the approximate midpoint of this property. There have been no changes since City Council approved the first reading (7-0) on January 5, 1998. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 14. Agenda Item No. 7D. ZA 98-141, Site Plan for Taco Bueno. This site is located on the south side of Southlake Boulevard, east of Kimball Avenue. A Concept Plan for Perry/Allen addition was previously approved containing this site. The Site Plan currently proposed fully complies with the previously approved Concept Plan. The property is subject to the Corridor Overlay Regulations and Residential Adjacency Q'I Standards. The proposed building is under 6000 square feet which requires a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 9 of 23 pitched roof construction. The plan proposes pitched roof construction on the north and south roof sections and extends along the east and west portion of the building. However, the center of the building is proposed to have a flat roof with a small section of the east and west portion of the roof having a mansard. The slope and height of the mansard gives the appearance of a pitched roof. This is similar to the roof construction of the Baylor Medical Clinic located on south side of Southlake Boulevard east of the Stone Lakes entry. The purpose for the proposed roof structure is to accommodate roof top ventilation systems while screening them from view. The Planning and Zoning Commission recommended approval (4-2) on January 7, 1999 subject to the Staff Review Summary, allowing the roof as proposed and requiring a new Tree Preservation Analysis prior to the City Council hearing on this item. Chairman Creighton and Commissioner Pebbles dissented due to the proposed roof and having concerns whether the applicant had fully resolved all tree preservation issues with the Landscape Administrator. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 15. Agenda Item No. 7E. Authorization for staff to submit 1999 (25th Year) Tarrant County Community Development Block Grant (CDBG) involving construction of a sanitary sewer line for Oak Lane Addition. The memo from Bob Whitehead provides you with the details of the proposed application and the project. In reality, our ability to access CDBG funding is limited due to the demographics of our community. As such, we have 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 particular application is critical, since we are aware of ongoing problems with septic systems in this area. The Commissioner's Court is scheduled to award the grants in April. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 10 of 23 16. Agenda Item No. 7F. Ordinance No. 727, 2nd Reading, Revising Southlake City Code, Chapter 12, Article III, Sections 12-97 through 12-99, revising number of members of Youth Park and Recreation Board, and incorporating revisions of Ordinance No. 646-A. The City Council approved this on first reading at the January 5 meeting. As you recall, these changes were brought forward to you by a recommendation of the Park and Recreation Board to increase the number of Youth Park and Recreation Board members from seven to nine. The City Council revised this ordinance last September to change the method by which members of the Youth Park and Recreation Board are appointed and clarifying their role as an advisory board to the Park and Recreation Board. The changes were made by ordinance, but they did not specifically amend the city code. Therefore, this ordinance revises the city code by reflecting the changes approved last fall, and includes the change in the number of youth members appointed to the Youth Park and Recreation Board. The revision also provides for a change in the reference of the Department of Parks and Recreation to Community Services. Please contact Kevin Human if you have questions about this ordinance. 17. Agenda Item No. 8A. Ordinance No. 480-297, (ZA 98-156), lst Reading, Rezoning and Site Plan for Tom Thumb Center. This property previously appeared before you as a Revised Site Plan which included the proposed Tom Thumb Center, proposed Eckerd's site and a Zoning Change request for a 1.17 acre tract. Prior to the City Council taking action on that request, the Zoning Administrator determined that the revisions proposed on the Tom Thumb Center site constituted the need for rezoning of the entire Tom Thumb Center property. The submittal was revised such that only the Eckerd's portion went forward to Council and the Tom Thumb Center portion was withdrawn and resubmitted as a zoning change with site plan. The Zoning Administrator's opinion is included in your packet. This site plan proposes retrofitting Tom Thumb into the old Food Lion site at the northwest corner of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 11 of 23 Southlake Boulevard and North White Chapel Boulevard. This plan is also associated with the recently approved site plan for Eckerd Drug since the ability to locate the Tom Thumb on this site was dependent upon the applicant's ability to relocate the Eckerd Drug Store. The Planning and Zoning Commission recommended denial (4-2) on January 7, 1999 with the primary concerns being too many driveways accessing the public right-of-way, inadequate parking for the site and the maximum impervious coverage being exceeded. Commissioner Jones and Murphy dissented. Please note that due to this request being denied by the Planning and Zoning Commission, it will necessitate a super majority vote (6 of 7) by the City Council to approve this plan. One additional change that has occurred since P&Z is the clarification that their allowed uses would be restricted to the same uses as previously approved but in addition deleting "movie theatres." Although this was clarified at the P&Z meeting, because of the denial it did not come forward as part of the submittal. The Staff Report summarizes the limited uses as amended. We have received several calls, as well as a few letters and petitions concerning this issue. We will discuss this issue in executive session. Other comments appear to be from citizens and tenants of the complex. We have included copies of any written e-mails or letters in your packet. Note the historical data on Crossroads Square, compiled by Sr. Planner Dennis Killough, attached hereto. Feel free to contact Zoning Administrator Karen Gandy or Dennis regarding this item. 18. Agenda Item No. 8B. Ordinance No. 480-298, 1st Reading, (ZA 98-136), Rezoning and Site Plan for Davis Boulevard Center ("AG" to "C-2"). This site is Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 12 of 23 located on the east side of Davis Boulevard approximately 200' north of the intersection of Davis and Continental Boulevard. The applicant proposes a dry cleaner at this location. The primary issues regarding the proposed plan were the roof design, driveway spacing and driveway stacking depth. Since the building is less than 6,000 square feet, a pitched roof is required. The dry cleaning operation requires exhaust ventilation systems on the roof which made a pitched roof structure difficult to accommodate. The applicant has proposed a mansard type roof design. The driveway into the site does not meet the minimum required spacing from the intersection of Continental and from an existing driveway to the north which services the Mirage Car Wash. It also does not meet the required stacking depth. The applicant provided a Traffic Engineer's letter of opinion regarding the safety of the driveways. A copy of the Traffic Engineer's letter is included in your packet. The Planning and Zoning Commission recommended approval (4-1-1) on January 7, 1999 subject to the Staff Review, allowing the driveway as shown and the roof as proposed. Chairman Creighton dissented having concerns with the driveway spacing and stacking and Commissioner Peebles abstained. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 19. Agenda Item No. 8C. Ordinance No. 480-299, 1st Reading, (ZA 98-137), Rezoning and Site Plan for Davis Boulevard Center ("AG" to "S-P-1" Detailed Site Plan District with the underlying zoning of "C-3" General Commercial District but restricting it to "C-2" Local Retail Commercial District uses). This property is located at the northeast corner of the intersection of Southlake Boulevard and Continental Boulevard. This site adjoins the previous site (Item 8C, Case ZA 98- 136). The site plan for this item and the previous item are on the same plan sheet and are included with the packet for the previous item. Where the previous item only addressed the driveway accessing Davis Boulevard, this site also addresses a driveway accessing Continental Boulevard. During a previous Planning and Zoning Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 13 of 23 Commission meeting, the applicant was directed to seek a common access easement from the adjacent property owner to the east in order to meet the required spacing from the intersection of Davis and Continental. The applicant has acquired permission from the adjacent property owner and the driveway on Continental is now in compliance with the minimum spacing requirement. However, this driveway is deficient in stacking depth. The Planning and Zoning Commission recommended approval (5-1) allowing the driveway accessing Davis Boulevard as shown and requiring a minimum 50' of stacking depth on the driveway accessing Continental Boulevard. (Chairman Creighton dissenting with concerns about the driveway.) The Commission also had concerns with straight "C-3" uses on the site. The request was amended to "S-P-I" Detailed Site Plan District with the underlying zoning of "C-3" General Commercial District but restricting it to "C-2" Local Retail Commercial District uses. The purpose for keeping the underlying "C-3" district was to allow the applicant the ability to request an SUP for a gas station at a later date. The applicant for this item is the owner and operator of Couches Grocery located on Davis Boulevard who wishes to move his operation to this location. The applicant had previously submitted a SUP request for a gas station and after discussing the request with the Planning and Zoning Commission withdrew it, agreeing with the Commission that it may be inappropriate for this location at this time. Recall that gas stations are permitted on FM 1709 only at signalized arterial intersections but are permitted on SH 114 and FM 1938 at intersections or mid-block. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 20. Agenda Item No. 8D. Ordinance No. 480-300, lst Reading, (ZA 98-155). Rezoning for proposed Lot 3, Davis Boulevard Center, ("AG" to "CS"). This site is also adjacent to the previous site (item 8D, ZA 98-137) and is one of the City's Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 14 of 23 proposed entry portal locations. It is located at the hard corner of the northeast intersection of Davis and Continental and is approximately 3,000 square feet in area. The owner has been cooperative in accommodating the City's plans for this site. The City does not currently own the property. We will brief you in executive session regarding the preliminary acquisition negotiations on this site. The purpose for the rezoning is to accommodate the plat which is currently in process for this site and the two previous items. Please note that a Concept Plan is required when processing a change of zoning to the "CS" Community Service District. The design of the portal feature has not been finalized and will be determined by a workgroup and the City Council. Due to the limited scope of development of this site the Zoning Administrator has waived the requirement for the Concept Plan. There are no issues regarding this request. The Planning and Zoning Commission recommended approval (6-0) on January 7, 1999. Feel free to contact Director Greg �,. Last regarding this item. 21. Agenda Item No. 8E. ZA 98-139, Plat Showing for proposed Lots 3, 4, and 5, T. J. Thompson No. 1502 Addition. This is the plat related to the three previous items (Items 8C, 81), and 8E). There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (5-0-1) subject to the Plat Review Summary. Be aware that we have not finalized the size of the corner portal lot. It is shown in an approximate shape and size as preliminarily discussed. It may be modified somewhat prior to filing if approved. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 22. Agenda Item No. 8F. ZA 115, Plat Showing for proposed Lots 3 through 5, J. Thornhill No. 1505 Addition (Amended Request). This property is located on the north side of Continental Boulevard directly north of the intersection Ridgewood Circle. During a previous Planning and Zoning Commission hearing there were Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 15 of 23 concerns with drainage and the number of lots which were initially proposed. Since that time the applicant has reduced the number of lots and addressed the drainage concerns. Attached to the packet is a memo from Charlie Thomas addressing his understanding of the drainage concerns. There was also an issue raised concerning some temporary accessory buildings constructed in front of the existing primary structure on the east lot. Although this issue has no bearing on the plat in process, City Code Enforcement is in the process of resolving the issue. The Planning and Zoning Commission recommended approval (6-0) subject to the Plat Review Summary, amended as noted in the Staff Report. Feel free to contact Sr. Planner, Dennis Killough regarding this item. 23. Agenda Item No. 10A. Authorize the Mayor to enter into a professional services agreement with The Beck Company for construction management services in conjunction with Southlake Town Hall. The City Council previously authorized staff to negotiate with The Beck Company to act as the construction manager for Town Hall. As explained by the report on contracting options prepared by Deputy Director of Public Works Ron Harper, there are a number of factors to analyze when determining which contracting approach to take in building the Town Hall. The two options include either selecting a standard contract or a staged construction (multiple contracts) approach. The need for a construction manager is evident if the City Council chooses the staged construction method. The construction manager coordinates all construction activities, including working with the architect to develop cost estimates, and ensures the design of the building is within the established budget. In addition, the construction manager will prepare all bid packages, coordinate design to ensure constructability, establish and follow the construction schedule, and coordinate the work of all construction subcontractors. If the City Council chooses the single Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 16 of 23 contract approach, we will utilize a general contractor. This would mean a more lengthy construction schedule because the project is bid as one complete project, which cannot be advertised until the building design is completed. In contrast to the construction manager's role, the general contractor does not provide the price analysis, scheduling, and overall project management operations. We would need to contract with a construction expert skilled in these areas to be a part of the design team to ensure the costs of the building are within the budgeted amount and the construction will be completed according to the defined schedule. The costs associated with either approach are significant. As indicated in Ron Harper's memo, the fees for the construction manager include a 3.25% fee of the total cost of construction (approximately $390,000), and a 10% general conditions fee not to exceed $1,110,000. The general conditions fee is part of the approved $12 million construction budget, and the construction management fee will be paid for by the TIF funds. Typical fees for this type of project are generally in the range of 10% to 15% of the total project cost. The difference between the construction manager and the general contractor is that the fees are clearly defined in the contract with the construction manager, but the fees for the general contractor are typically rolled into the unit costs or lump sum bids. Either management approach will result in the approximately $1.1 million fee to construct the building. Please let myself or Ron Harper know if you have any questions regarding this item. 24. Agenda Item No. 11A. Maximum Review Comments/Procedural Changes. Council member Martin has requested that we bring an item to Council for discussion related to potential procedural changes needed to address the large number of �" review comments sometimes reflected on the Staff Review Summaries. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 17 of 23 Community Development staff has looked at several means of accomplishing this goal. The attached memo from Director Last summarizes a recommendation that would change our administrative procedures as it relates to processing development applications. Note that the basic concept is a review by the staff Development Review Committee (DRC) to establish a "clean" review letter prior to placement on the P&Z agenda. The memo notes that the new process may generate several benefits to the Commission, Council, Staff, and possibly even the developers. Although the process will involve more time, those that will be most impacted are those that are unable / unwilling to go to the effort of submitting well prepared applications. Note also under the "Optional Ideas" comment B that we might want to consider a policy that would allow a "fast track" for submittals of "significant economic benefit," i.e., a Gateway or a major user on SH 114, etc. This issue is brought up often by large economic development targets as something they are interested in. This issue is brought before you because it has policy impacts as to how we process development applications. Although there is nothing that requires Council approval to make these changes, I felt it an important enough process to seek your concurrence with our direction. Feel free to contact Greg Last or Stefanie Sarakaitis should you have any questions. 25. Agenda Item No. 11B. City of Southlake legislative agenda. This item has been placed on the agenda at the request of Councilmember Edmondson, who wishes the Council to act as a group to determine which issues we plan to support during this legislative session. As pointed out in the memo from Shana Yelverton, we have worked on a couple of items, including wine sales, truck weighing on S.H. 114, etc. This is a discussion item. Once you determine your course of action, we will ,, bring back a resolution outlining your legislative program for your formal approval. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 18 of 23 Other Items of Interest 26. Bicycle Helmet Ordinance Meeting. On Wednesday, January 13, 1999, SPIN sponsored a city-wide meeting to discuss the proposed bicycle helmet ordinance. This was the third in a series of meetings held regarding the proposed helmet ordinance. A total of 18 residents attended the meeting which allowed for healthy debate of the issues. The participants all agreed that there is a need for children to wear bicycle helmets, and the goal is to educate both adults and children regarding the importance of wearing helmets for bicycle safety. The area which was met with distinct differences of opinion is related to the adoption of an ordinance. Some citizens believe an ordinance is the best tool available to ensure bicycle safety rules are followed and enforced. Some citizens believe that an ordinance is too intrusive to their parenting techniques and feel the best approach is to ask the City Council to fund a program for the Public Safety Department to educate citizens regarding bicycle safety and encourage children to wear helmets. Consensus was not met, even after some compromises were suggested. Deputy Director of Police Services Gary Gregg is further researching some issues related to a bicycle helmet program and will provide a matrix of options for City Council review. State Representative Bill Carter is introducing a bill to the Texas Legislature regarding a state wide bicycle helmet law. If passed, this law will not supersede any local ordinance which the City Council passes provided the local ordinance is compatible with and equal to or more stringent than the proposed law. This information was shared with the citizens, but those in favor of a local ordinance still believe that the City should continue to pursue an ordinance. We will need some direction from the City Council on this issue. There are a number - of options you could take, but it is clear that this is a very emotional issue for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 19 of 23 community. We hope to try to place this on the agenda for the second meeting in February. Please contact Gary Gregg if you have any questions. 27. Fire Service Accreditation Recommendation. Although we are attempting to limit your packet materials by sending the "Other Items of Interest" during the off-week, this news is too good to wait! In short, our Department of Public Safety has successfully completed the first phase of review for accreditation by the Commission on Fire Accreditation. Two site visits have been conducted by accreditation assessors, and they have informed us that they will be forwarding a positive recommendation of accreditation for presentation to the Commission. Thus, we have passed the first critical test. Although the accreditation is not finalized (the Commission makes the final call), no department recommended for accreditation has been denied to date. Thus, we are optimistic that we will be the first department in the State of Texas to be accredited. This recognition is a real tribute to the Department of Public Safety, because it illustrates their success and commitment to a high level of service to our city. Once accreditation is finalized, hopefully in March, we will be publicizing it to the community. Please refer to the memo from Director Campbell (attached hereto) providing details. 28. Train/Fuel Truck Collision. This collision occurred on Tuesday. You may have heard something about it, so Director Campbell prepared the attached memo to provide the details. Please let him know if you have any questions. 29. Agenda Management System. You are all aware that we are making every attempt to manage the City Council agendas: 1) so that you are not overwhelmed by voluminous packet materials and have adequate review time, and 2) to ensure that Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 20 of 23 the meetings do not extend into the wee hours of the morning. Given our workload, this has become increasingly difficult. For the last several packet weeks, we have had to delay placement of certain items on the agenda (including some of the priority items you ranked during the summer) simply because there will not be adequate time to cover everything. To ensure that these things do not slip through the cracks, we have begun using a matrix to track items through to completion, a copy of which is attached for your review (for meeting dates February 2 through April 20. This document is constantly changing. Things come up or are delayed for a variety of reasons, but this tool has proven useful as we attempt to anticipate future agendas. You are all well aware that the caseload in community development has increased dramatically during the last several months, which creates difficulty for both P&Z and City Council. For Council, it makes it difficult to attend to other, often critical, business. P&Z agendas are managed under the guidelines of Resolution 97-22, a copy of which is attached, FYI. This approach has been fairly effective for keeping agendas manageable, as well as keeping expectations in check. Interested residents know when to attend meetings and applicants are able to schedule their time. We have not used Resolution 97-22 at the Council level to date, primarily because P&Z tablings, etc. have limited what comes forward to Council. However, we are at the point where we need to make some decisions regarding Council items, however. There are any number of critical issues which will require Council decisions which must come forward in the next few months. The continuous flow of CD cases, and other routine items is going to ensure that Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 21 of 23 Council meetings are extremely busy for the foreseeable future, and make it difficult to address (with the proper time and attention) those critical issues we have been holding. There are any number of ways of approaching this dilemma. Staff s recommendation is, at this time, a two-pronged approach. First, we will begin to assign points to CD cases (as delineated in the resolution). This will give us an opportunity to delay some of the cases, if needed, to address other city business. I'm guessing we will choose a cut-off point of less than 240 points since, unlike P&Z, these are not the only items we have to address during our meetings. Second, it would be most helpful if we could periodically hold special meetings. No one wants to do this, however, there are issues which will require a longer time dedication to fully discuss and deliberate. You will note that we have programmed a special meeting for the third Tuesday in February. Such a meeting will allow your full consideration of the Southlake Drainage Utility District, Drainage Master Plan, and the construction of the first major drainage improvements under the plan. We could also use such special meetings to take care of routine items on consent agenda, if needed. Please let me or Shana know your thoughts on this issue. 30. Flower Mound SMART Growth Program. We have included a copy of the Flower Mound SMART Growth Program to my memo. The Town of Flower Mound has recently approved this SMART Growth Program to place a temporary moratorium (approximately nine months) on residential building permits to allow the Town to update the comprehensive Master Plan which was adopted in 1994, and to allow for amendments to the Building Code related to residential building permits. Although Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 Page 22 of 23 they have discussed the program, the Town has not yet implemented the moratorium on the residential permits. 31.Joint Drug & Alcohol Awareness Committee Meeting/Recent Drug Overdose Update. The unfortunate death of a 19 year old in Southlake on Sunday, January 11 is thought to be linked to a heroin overdose. The Public Safety Department is investigating the case and determining whether there are other heroin users linked to this death. The Department of Public Safety had implemented a heroin task force to create an action plan to respond to any heroin-related incidents. The team of public safety employees quickly responded to the incident and were prepared in all aspects of emergency response and investigative follow-up. The Joint Drug and Alcohol Awareness Committee met last Tuesday and had a very productive meeting. The committee has selected a regular meeting schedule with the plan to meet the second Tuesday of every month at the City Council Chambers. The committee discussed their goals and priorities for addressing the community's needs related to youth drug and alcohol use. It is clear that the make up of committee members will prove to be an excellent approach to involving the community. Both the Chamber of Commerce representatives attended the meeting and are very supportive of this effort by stating that they will sponsor the city-wide conferences. The committee discussed creating four different sub-committees to include: • CISD Curriculum Committee • Parent Networking Committee • Conference(s) Committee Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting January 19, 1999 M► Page 23 of 23 • Information Distribution Committee/Speaker's Bureau • Youth Sub-Committee The next meeting for the committee will be held on February 9 at 6:00 p.m. Please contact either Councilmembers Edmondson or Fawks if you have any questions regarding the meeting. Q11 - Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Bloomberg, Chuck, Plans Examiner, ext. 747 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Jackson, Malcolm, DPS Administrative Coordinator, ext. 726 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Wilson, Garland, Deputy Director Fire Services, ext. 735 Whitehead, Bob, Director of Public Works, ext. 740 Whitehead, Nona, Community Services Coordinator, ext. 834 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\99-01-19.doc City of Southlake Transmittal / Fax Sheet 667 N. Carroll A ven ue Southlake, Texas 76092 Phone: (817) 481-5581, ext. 744 Fax: (817) 488-9370 Date: January 13, 1999 (5:44pm) To: Curtis E. Hawk Via Fax: 329-1747 Re: Sender: Dennis Killough Clean Copy to be forwarded via mail: Yes Total Number of Pages Including this cover sheet: Any Problems, call sender at (817) 481-5581, ext. 744 Attached is historical data on Crossroads Square which was given to Scott Martin. L:\COMDEV\WP-FILESIFORMSIFAX\BLANK2.WPD Tom Thumb/ Crossroads Square Historical Data ��ase No. 90-66, Zoning (Ord. No. 480-33). approved 02/05/91 .-\ppro%ed as "S-P with limited "C-3" uses. Ordinance eliminated some uses from the General C-3, District. All other restrictions under the C-3 District where included. No other specific restrictions where included in the zoning. However. the City Council noted that approval of a site plan would still be needed to address specifics of the site. Case No. 91-62, Concept Plan, approved 11/19/91 A required 5' Type A Bufferyard along the west of the Food Lion site (Lot 2) and a required 5' Type A Bufferyard along the west of the Pad Site (Lot 3) was eliminated with the approval of this plan. Approved Floor Area Food Lion 34,782 sq. ft. Eckerd's 8,640 sq. ft. Retail B 5,099 sq. ft. Retail A 17,355 sq. ft. Phase 11 (Lot 3) 37000 sq. ft. Total 68,878 sq ft. LuseNo 91-63 Site Plan, approved 11/19/91 Bufferyard along the west boundary of Lot 2 & 3 was waived, bufferyard along the common drive between Lots 2 & 3 were waived, parking reduction granted, building setback along F. I. 1709 was reduced from 50' to 30' and light poles limited to 20' in height. y Approved Floor Areas Food Lion 34,782 sq. ft. Eckerd's 8,640 sq. ft. Retail B 5,099 sq. ft. Retail A 17,355 sq. ft. Phase 11 (Lot 3) 3.000 sq. ft. Total 68,878 sq ft. Required Parking 330 spaces Approved Parkin, 302 spaces I� New Site Plan Comparison, Case Number 98-156 Comparison Existing Proposed Difference %Difference Grocery Store 34.782 sf 63.959 sf — 29.177 sf +34010 Eckerd's 8.640 sf 0 sf -8.640 sf -1000/0, Retail Space 22.454 sf 33.782 sf 1 1.328 sf +50% Subtotal 65,876 sf 97.041 sf +31.165 sf +47% Phase II (Lot 3)' 3,000 sf 0 sf -3,000 sf -IW/O Total 68,876 sf 97,041 sf +28,165 sf +41% Land Area= 344,568 sf 335,002 sf -9,566 sf - 3% Req'd Parking ' 330 514 +184 +56% Prov. Parking 1 30? 350 +48 +16% 1. Pad site, not constructed '_. Existing Land Area includes all of Lot 2 and Lot 3, Proposed Land area includes all of Lot 3, a portion of Lot 2 and 4, and a 1.17 acre tract. Required parking,is based on requirements of Zoning Ord.480, Sect. 35. (41W Provided parking shown as"existing' is based on previous site plan approval. Provided parking shown as "proposed" is based on current plan proposal. L:CO'vIDEV,W'P-FILES'REV98%SP93-I=6.W'PD &vr LSt X-.—a A City Council Minutes January 15 , 1991 p ` three a Ag_..da -�t gem Continue Motion was ma-e :.o a _ _ -! e the 2nd reading o_ Drdi-ance No . 527 . Motion: Hal` Second : Farrier Ma: _ Pro Ter, Springer read the caption of the ordinance. Aves : Hal? , Farrier , Evans , Wilhelm, Springer Nays : None Aocroved : 5-0 vote Councilmember Rick Wilhelm stepped down for Agenda Item #8 and #9 . Agenda Item T3 , Ordinance No. 480-38 , 1st reading. ZA 90-66 The Zoning i.dministrator, Karen Gandy, introduced Ordinance No. 490-39 , 1st reading (Za 90-66) , a zoning change request for a 14 . 0748 acre tract of land out of the Littleberry G. Hall Survey, Abstract No . 686 , Tracts 1C and 1C3 . Current zoning is Commercial-2 and the requested zoning is S-P-2 (Generalized) Site Plan District. The owners of the property are; Trustees, k01 .ta stems , Inc . Pool Trust and the Estate of . J. F. Schnitzer, Schnitzer , Executrix . The applicant is PIMA Properties . Ms . Gandv nc=ed that fourteen ( 14) letters were sent to property owners within 200 ' and to date she received no written responses . On December 2� , the Planning and Zoning Commission tabled the item, and on January 3 , 1991 , they recommended approval by a 4-2 vote , adding that the Planning and Zoning Commission members were concerned wit*- C-3 Zoning, as the uses were too intense . It was established that the Cheatham review letter requirements have all been met. David McMahan, PIMA Properties , 1335 Hidden Glen , Southlake. Mr. McMahan explained that he and Mr . Frank Plani are the owners of PIMA Properties . They have done business together for the oast five ( 5 ) years . McMahar. indicated that the total space of the project is 115 , 000 square feet. Phase I consists of 100 , 000 square feet , however, they will only build the space as needed. By reference, this site will be slightly smaller than Skaggs in Grapevine . He noted that the desig:! 0f the center has not been finalized as or this date. This is not the final site plan, but only for review purposes dl—ing the zoning action. It is understood that the site plan be approved by City Council prior to building permits being Led. City Council Minutes January 15 , 1991 pt tour A.._ item Continue.: As a matter of history , McMahan noted tha_ this property has been zoned for com ercial purposes for more than twenty ( 20) years . It was zoned for commercial purposes prior to Diamond Circle Estates being developed . In 1937 it was reclassified to R-2 and more recently to C-2 . He asked that certain uses be excluded in C-2 and C-3 districts . all the market studies indicate that this is a desirable location for that being proposed. Mayor Pro Tem, Springer noted that some of the things City Council has concerns with are : sidewalks , landscaping, ingress-egress , etc. Public Hearing. Keith Letsinger, 804 Pearl Drive. Mr. Letsinger noted he moved to Southlake in May, 1989 . He presented a petition. with 160 names, which were obtained within the last two (2) weeks . He has been concerned that City Council has made up their minds before hearing :.hat the citizens have to sav about the request . Mr . Letsinger stated he feels that the shopping center will be like a magnet to the kids . He does not think it is proper to build on that property until the in=rastructure is in place . He asked that Council not change the zoning at this time. J Mabry, 913 Emerald Blvd. Mrs . Mabry stated that she is opposed to the zoning change because of concerns for the children by the city park. The City Park is an enjoyable asset. It is poor Judgement and master planning to charge this zoning. The traffic is dangerous near th2 park. She asked that Council please not allow a shopping center of anv kind at this site . Kathy Letsinger, 804 Pearl Drive . Traffic and safety are her concerns . Mr. McMahan stated that White Chapel Blvd. was to be widened to 841 . Safety is a great concern because of this additional development. She understands that sidewalks are not included with the bond package. Tamara McMillan , 1023 Mission Drive . Ms . McMillan stated that thev all come from different parts of the United States . They all chose Southlake as their homes . It offers a quality of life . She asked Citv Council to re-think this . She asked City Council to create a task force with one member from each neighborhood that is being considered for change , along with an appraiser and a lender . Councilmember Sally Hall asked Ms . McMillan if she were not a resident , what does she feel would be a suitable zoning . McMillan replied , "office" . City Council Minutes J��ry 15 , 1991 five a enda "`em j Ccnzinued Bob Dcwd_v, 1018 B Diamond Blvd . Mr . Dowdy addressed landscaping and S-P-2 Zoning. He said if the City Council zones it, "hold it and don ' t develop it until the proper time , when the infrastructure is in place . " Randall Boyd , 807 Pearl Drive . Mr. Boyd addressed business and due diligence (doing homework) . He asked if Council has investigated PIMA Properties . If the center folds , Mr . McMahan will be long gone and they will be looking at an empty center. Councilmember Sally Hall stated that Council is well aware of the traffic counts and supporting data along FM 1709. FM 1709 was scheduled to be complete in 1989 . It will be done , if not started in 1992 . White Chapel Blvd. has always been designed as an 84 ' right of way . Hall stated she understands the concerns about sidewalks and the need for safety to the park. Mayor Pro Ten Springer added that City Council has more control with S-P-2 zoning than with Commercial-2 zoning . She added that she resents the implication that her mind was made up prior to listening to citizen comments . 11 Lee Sctoe hiavolin, 823 Pearl Drive . Mr. Schiavolin commented that they all chose the community because of what it has to offer. He thinks all the elements are in place , and they are opposed to S-P-2 zoning . They cannot stop progress , it is coming whether they like it or not . The timing is not right for this zoning. Infrastructure is not in place . Currentiv there are twelve (12) developments in different stages of development . They want to see planned and orderly growth. Let a shopping center come when the time is right. Ms . Hall noted that City Council is looking for commercial developments as a tax relief. We need to generate a tax base and give the property owners some tax relief. Jay Mabry , 913 Emerald. Mr. Mabry stated that it is easy to get emotio-:al . Money and safety are the two real issues . The people who live in Southiake want their homes and neighborhoods . The developers want a "blanket" alcoholic beverage permit. If you let one in, you have to let them all in. Is the developer willing to guarantee their investments? When a business fails , it becomes an eve sore . This one will fail because they will not support it. There is no reason to make White Chapel a large street. `J City Council Minutes Crary 15 , 1991 s ix A end-_ T tem Cn`7i n,_eC jay Mabry , 913 Emerald , stated that they are going to continue to circulate their petitions . David McMahan, stated that he cannot make everyone happy. He has never seen a time when money was tighter; however, if financing is available , they will do it. They are putting in major anchor tenants . The building would be one story; however, grocery stores do have a mezzanine . Public Hearing closed. Councilmember Jerry Farrier stated that the City Council responsibility is to the entire citizenry, not just the 161 who signed the petition. He feels the land can support the commercial use. If City Council does not accept S-P-2 , they lose all control . He does not want to see a strip center on that property. S-P-2 zoning is the best thing that could happen to the property for all the citizens . People shop out of convenience, not out of vendetta . The development is not taking away park land, only the property loaned to the city for ballfields . Councilmember Ralph Evans stated that City Council is concerned r t safety, traffic , and the things that go up in the backyard. ,ias been here twenty-six (26) years , and the nearest house was one-fourth mile away. He has seer. the City change . Councilmember Sally Hall thanked all the homeowners and stated it is difficult for City Council to make decisions and then need citizen support . PIMA Properties could have gore into city hall and got a building permit to build anything under C-2 zoning. The zoning was in place for several years , but he wanted S-P-2 , which is harder on him and provides little control by City Council . Ms. Hall prefers the S-P-1 because it allows City Council to address the citizen concerns . Motion was made to approve Ordinance No. 480-38 , 1st reading with the stipulations that were discussed concerning bufferyards , and remove the classifications in the letter dated January 15 , 1991 from McMahan , and if needed , provide the sidewalks as requested by adjacent homeowners . Motion: Evans Second: Hall Mayor Pro Tem Springer read the caption of Ordinance No . 480-38 . `J City Council Minutes January 15 , 1991 e seven �e^ds Item =8 Cc i—ed :ar_ _e_ , Spri^g?r Lone approved : 4-0 vote Manor Pro Tern Springer announced that the second reading of Ordinance No . 480-38 will be held on February 5 , 1991 . Council adjourned for recess at 10 : 20 p .m. Council reconvened to open session at 10 : 45 p.m. Agenda Item 49 , Resolution 91-02 (ZA 90-71 ) Specific Use Permit for Alcoholic Beverages Karen Gandy, Zoning Administrator, introduced a request for a Specific Use Permit for Alcoholic Beverage Sales , for the property <nown as Crossroads Square , as discussed in agenda item #8 . Mrs . Gandy noted that fifteen ( 15) letters were sent to property owners within 200 ' . On January 3 , the Planning and Zoning Commission recommended approval by a 4-2 vote , limiting to the sale of beer only to one ( 1) grocery store and one (1) drug store, at the northwest corner of the center. id McMahan, PIMA Properties , was present to answer questions for t .e Council . He stated he is requesting the permit to sell beer at one ( 1) grocery store and one (1) drug store . He added that there are currently eleven ( 11 ) establishments in Southlake that sell beer. The convenience store location there will not add anv burden to Southlake . He requested that taverns and bowling alleys be stricken from the list of uses . Concerns : Park, schools , churches . They want the opportunity to compete in the market. Public Hearing: Charles Broadway, 600 Bentwood Lane. Mr. Broadway thanked the D.A. R.E . Program in Southlake. He asked that Council stop alcoholic beverages in the city, and he feels our ordinances are too weak. Dale Ryder , 193 South Pine Street . Mr . Ryder is pastor of the White Chapel United Methodist Church. He asked that the permit for alcoholic beverages , off premises , be limited to two buildings in the shopping center . That way the applicant will have to come back to Council for additional permits . Public hearing closed . L Zcra� 'y G City Council minutes February 5, 1991 qe—e five v :da Item - :3 , Con_in::ed was made to aP^r. :e Crdinance N3 . 480-39 , 2nd :wading }`.JtiOn . rii ! " I R Second : Farrier Maier Fickes read the caption of Ordinance No . 480-39 . Ayes : rliihe .m, Farrier, Evans , Springer, Hall Nays : None Approved: 5-0 vote . Councilmember Rick Wilhelm stepped down for agenda item #14 . Agenda Item 414 , Ordinance No . 480-38 , 2nd reading ( ZA 90-66) A zoning change request for a 14 . 0748 acre tract of land out of the Littleberry G. Hall Survey, Abstract No . 686 , Tracts 1C and 1C3 . Current zoning is Commercial-2 and the requested zoning is S-P-2 (generalized) Site Plan District . Owners : Trustees , E-Systems , Inc . Pool Trust and the Estate of J. F . Schnitzer, Inetta Schnitzer, Executrix. Applicant : PIMA Properties . Gandy, Zoning Administrator, stated that fourteen ( 14 ) letters sent to property owners within 200 ' . She received a petition o January 15 , with 156 names , only four ( 4 ) of the property owners were within 200 ' . The protest represents approximately 10% of the property owners . On January 3 , the Planning and Zoning Commission approved the Site Plan District; and on January 15 , City Council approved the 1st reading of Ordinance No . 480-38, by a 4-0 vote . David McMahan, PIMA Properties, was present to answer questions for the Council . He stated it is their desire to build a 125, 000 square feet anchor, in a major grocery store . He added that they have attempted to take out the offensive uses from the zoning district . He understands that they will have to present a detailed site plan prior to building permits being issued. Public Hearing Keith Letsinger, 804 Pearl Drive . Mr . Letsinger stated that he continues to believe that City Council should vote to deny the request . Now he believes that it must be denied as a matter of law, due to the fact that the site plan which was submitted with the application was not in accordance with the requirements in the ordinance . To support the statement, he referred to Ordinance No . 480 , Section 40 . 1 ; Section 40 . 3b; and, Section 32 . 4c . Section 40 I s with Site Plan, and Section 32 deals with S-P-2 zoning . Mr . added that this is the first application for S-P-2 , and he feels it is wrong to allow acceptance at this ti^ie. C Council Minutes iary 5 , 1991 p six Agenda 7 ..en = 14 , Cc e� Mr . Letsinger stated he feels at this time, the alternatives are for the applicant to either resubmit a completed application or to amend the wording of the ordinance . City Attorney, Wayne K. Olson, stated that it is his understanding that this application and site plan have met the requirements as outlined in the ordinance . The detailed site plan must be presented at the time of application for building permits . Staff also feels that the site plan has met the requirements of the ordinance at this time. Mr. Letsinger commented that the application was made three ( 3) to four ( 4 ) weeks before the amendment to the ordinance was approved. Also, that a sign is to be placed on the property being considered for zoning change and a sign has not been placed on the property. He feels that a conflict exists and that City Council should vote no on this case . Mayor Fickes feels we must follow the advice of the City Attorney. We can make this center something that will be good for the area . Tir key to a major center is a major anchor. The City Council will 1d that the developer do the project right . Mr. Letsigner stated he does not think that S-P-2 is the right zoning for this area . Randall Boyd, 807 Pearl . Mr . Boyd stated that he has invested time and money and has a legal interpretation of our ordinances . He feels a signal was sent on the bond election . Do the results of the bond election change the view point for improvements on North White Chapel? Mayor Fickes stated he feels the conditions of our roads and the failing of the bond election are crimes . In regards to FM 1709 , the city has been told that if the right of way is acquired, within eighteen ( 18 ) months , the section from Wall Street to FM 1938 will be completed for widening . Then within six ( 6 )months later, Phase 2 which is FM 1938 through Keller, will begin. The Mavor added that the property in question has been zoned Commercial for twenty-two ( 22 ) years . Kathy Letsinger, 804 Pearl Drive . She stated that it is not the fact that the citizens do not want roads , or that the citizens are not willing to pay the taxes , the people did not like the way the bond election was marketed . She stated they received a brochure two days prior to the election . . ,r Fickes agreed that it was a problem getting the word out to the voters . City Council Minutes February 5 , 1991 pa seven A� a Item # 1� Continued Counzilmember Sally Fall stated for the record, when this bond timin.; was presented, she felt as the citizens did, that Council did not have sufficient time to get the information out to the public . She personally was not pleased with the time frame . David Stoner, 913 Pearl . Mr. Stoner stated that after the last meeting, the home owners in Diamond Circle Estates decided that they wanted to pursue the issue further, so they went out and obtained outside council . They wanted to get the best, so they found an attorney who has 22 years experience in Municipal Government in the local area . The results of what Keith Letsinger presented was the opinion of this attorney. Stoner stated that the site plan presented does not address the provisions for drainage, fire hydrants, safety, a 50 ' sign, or fast food establishments . He would like to know if Council would eliminate the pads out front of the center. Mayor Fickes stated that Council has met with the developer and asked him all the same questions as the concerns of the property owners . At this time we are dealing with zoning only, not with the other issues . PuL: Hearing closed. City Attorney, Wayne Olson stated that he stands by his earlier opinion. If the site plan is submitted under Section 32 , Council has the legal right to vote on this issue . Councilmember Sally Hall asked that City Council consider some of the concerns of the citizens . Councilmember Jerry Farrier stated that he agrees with Councilmember Hall and with the citizens : however, to deny_ or stall this issue now, would open the door for C-2 and under that zoning district, this would give the developer the right to do more without coming to council . David McMahan wanted to point out once again that this is a zoning issue . As it related to fast food, he does not agree . The plans are not for this kind of use . But to limit the developer would not be in the best interest of the center. He feels we can over limit the uses in the center very quickly. L City Council M nutes February 5 , 1991 eight agenda Item * 14 , cor* inued T.^.e City At";:; e !:as concerns that City Council could eliminate fast food resta::rants . If City Council does not want a particular use, it needs to decide it today. Fred Dicinti , 1038 Diamond . He stated that fast food stores have a habit of littering up and down the street . He suggested that drive in windows be eliminated to a percentage of the use of the store . Councilmember Farrier noted that he feels taking away "fast food" with the zoning is not the right tool for this action. Motion was made to approve Ordinane NO. 480-38, 2nd reading. Motion: Farrier Second: Evans Mayor Fickes read the caption of the Ordinance. Ayes : Farrier, Evans , Springer Nays : Hall Approved : 3-1 vote . Qe Councilmember Rick Wilhelm returned to the Council table. Council adjourned for recess at 10 : 20 p.m. Council returned to open session at 10 : 40 p .m. Agenda Item 415 , ZA 90-72 Revised Preliminary Plat for Arvida The revised Preliminary Plat of Block 6 , SouthRidge Lakes, being described as 20 . 37 acres of land out of the A.A. Freeman Survey, Abstract No . 522 , was presented to Council . The lot is the Commercial-3 site at the Northeast corner of North Peytonville Avenue, and West Southlake Blvd. Owner: Arvida/JMB Partners , L.P . II . Karen Gandy, Zoning Administrator, noted that thirteen ( 13) letters were sent to property owners within 2001 , and no responses were received . The Planning and Zoning Commission approved this preliminary plat on January 17 , 1991 . Councilmember Rick Wilhelm noted that one of his clients is Las Colinas Land Limited Partnership. One of it ' s partners in an affiliate of JMB Realty, and one of the owners of Arvida is an affiliate of JNSB He does not represent JMB or the affiliate. He has discussed this issue with the City Attorney, and they agree that acting on this item is not a conflict of interest . C o C City Council Meeting Minutes November 19 , 1991 page four Agenda Item 48-B, Continued Motion was made to approve the Plat Showing for Lots 1 & 2 John Childress No. 254 Addition, subject to the staff summary review letter dated November 15, 1991 . Motion: Emerson Second: Farrier Ayes : Emerson, Farrier, Evans, Hall, Wilhelm, Fickes Nays : None Approved: 6-0 vote Mayor Pro Tem Rick Wilhelm stepped down for items, #8-C, #8-D, & #8-E, as he _.represents PIMA Properties on this venture. Agenda Item #8-C, Revised Concept Plan of Crossroads Square ZA 91-62 The Revised Concept Plan for Crossroads Square, a 14 . 0748 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686 , was presented to Council . Current zoning on the property is "S-P-2" Generalized Site Plan District, and is located on the northwest corner of North White Chapel Blvd. , and F.M. 1709 . Owners : Trustees, E-Systems, Inc. Pool Trust and -Inetta Schnitzer; and the applicant is PIMA Properties . Karen Gandy, Zoning Administrator, noted fourteen ( 14 ) notices were sent to property owners within 200 ' and to date, one response has been received. Don Mullman, 803 Emerald Drive, stated he is opposed to this action. The revised summary review letter and updated concept plan were presented to Council . David McMahan, representing PIMA Properties, was present and stated the western portion of the property is in limbo at this time. Greg Last, City Planner, answered questions in regard to bufferyards . Councilmember Sally Hall expressed concern with the width of fire lane for loading. Councilmember Farrier noted he has looked at about thirty ( 30) Food Lion Stores in the metroplex and this store appears to be consistant in regard to fire lanes for loading and unloading. Parking was also discussed. City Council Meeting Minutes November 19, 1991 ge five enda Item 48-C Continued Motion was made to approve the Revised Concept Plan of Crossroads Square, subject to the November 15, 1991, summary review letter, and changing to eliminate the west bufferyard on Lot 2 & 3, which was eliminated on the entire western border. Also, taking staff recommendation by eliminating another concept plan. Motion: Emerson Second: Evans Ayes : Emerson, Evans, Farrier, Hall, Fickes Nays : None Approved : 5-0 vote Agenda Item #8-D, Development Site Plan of Crossroads Square Karen Gandy, Zoning Administrator, noted the Development Site Plan of Crossroads Square is a 9 .2024 acre tract of land out of the L. B.G. Hall Survey, Abstract No. 686 . The Planning and Zoning Commission recommended approval of the Development Site Plan during the November 7 , 1991 meeting by a 6-0 vote . David McMahan addressed the parking issue. He introduced Frank Piani as a partner with PIMA Properties . McMahan requested Council leave the parking as presented on the plan, which allows for 302 � S . The parking spaces are designed to be 10 foot wide. uncilmember Jerry Farrier expressed concerns that the parking lot lighting might impact the nearby neighborhoods . Mr. Piani stated they did not propose a specific standard but will have lighting engineers review the needs . Mayor Fickes also expressed that the lighting be as little an impact on the nearby neighbors as possible . Randol Boyd, 807 Pearl, Southlake. Mr. Boyd stated what we see today on the plat is not what they saw the last time this center came before Council. It is clear that Diamond Circle Estates will have to live with this center. Boyd expressed concerns with the north entrance to the center off North White Chapel Blvd. , and with eighteen ( 18) wheel trucks making deliveries at all hours of the day or night. He asked City Council to put up some type of gate or chain with a "brake-away" . He noted their are five (5) access entrances in 2/10 mile along N. White Chapel Blvd. Mr. Boyd asked what happened to Councilmember Sally Hall ' s plan for a citizen landscape committee in regard to this corner. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath commented on the entrance to the addition from N. White Chapel Blvd. City Council Meeting Minutes November 19, 1991 30 page six Agenda Item #8- D. Continued Councilmember Sally Hall offered suggestions and exit into the center from N. White in regards to entrance Councilmember Chapel Blvd. designs for r Farrier noted that Food Lion does greatly reduce the receiving dock of their stores . offer several parking spaces if this design were nchanged. oted it will David McMahan stated Food Lion has stated they will one way driveway. What we are dealing with is not live with e willingto 90 what they are Councilmember Hall stated her Off N. White Chapel Blvd. Preference is to keep as much traffic Steve Scott, 904 Emerald Blvd. , to look into the Southlake. Mr. Scott asked noise. lighting issue. He is also concerned about theMotion was made to approve thecte Development Site Plan 15ua1ggl inbreference to the staff summary of Crossroads the following: eliminating #lvonwLottt2r dated November the west bufferyard; Lot 3 Per staff recommendation, eliminating the west bufferyard land las mmendation, eliminating >ecause of the g the north and east ecommendation for driveway; bufferyard the y% also, in concurrence with staff bufferyards; Item #2 approving of spaces PProving the request for fvariance uture dtoe parrot , reducing the number of spaces from approving the variance in building set backs3On F.M. 307 parking from 50 feet to 30 feet; Item tt3� maximum that the light standards be 1709' reducing Of 20 feet height from the limited to encroach past the Property line Pavement, and the light does not not be Pro ert and that seen from North White the luminated signed off by a cerfified engineer,apel Blvd. fixture allowing and the lighting be g for a landscape allowance reviewed by staff Opposite the two northerly entrances at the residents to and, Motion: Emerson Plant trees Second: Evans to the east. Ayes : Emerson, Evans, Farrier, Hall, Fickes None Approved: 5-0 vote Council went into recess at 9 : 0 Council returned to open session atm P9 : 45 A enda Item p.m. Hall No• #8-E' ZA 91-64 , Plat Showin of Lots 2 ' 686 Addition 3 & 4 L. B.G. ZA 91-64 is a Plat Showing of Lots 2 3 , & 4 , L: B. G. Hall No. 686 Addition, Stract Bing 9 . 2024 acres out of No. 686 , Tract 1C . the L. B.G. Hall St ' Applicant: Owner: Trustee, E-Systemsrvey, Properties . In PIMA Inc . Pool NMI is s ;9 . w s i w•w_rr OWN ewe ism An•w come us.•maw• ern � diib dWA MH+i-H go . b tx s ! M II .��. %CZJADGMD �,_ I Ll i i IL gl dW tA tl 666i " T UU MV1 E � , cn a� a 1(11111,'iil cn t ! • I- #�i I I I i 99.I�I I f •� : 1:��: �C! i e I! ir� ��, �1��! �'.. a : . i .. 1� l�,i� i � ,ei 1� �� • ; �•;��i.-yi'��i • ., 1� � �� I six 11�` _�- i f •1 • � 1 ! ell g. ��♦ �R imp- ill. i i�,�/ a.r � I 1 \ � �•"'. + �,1 i I i �1;I I---r-I.1 d. ��44••3 EC HO 311K%'N itv -{ r— — - I I_ I, I _{1___------- _ I i I � 3 i N. A Piz � �. ' � �j '�•�s-��,•\'•`ter s �`�„�"� 1 \ ��\ _ '`=� i -97 ------------ -- G r ---}j- I -i`� dI( f P I, .j• .� .� sq ., - - - - r - �-T - F F 1 t. I �I �j•�� { I� o� � � I I I I ` 77i3 •��. � � i �1; B j I Y'= Y a a a ■!.�-laela al:': a�• � f, Y City of Southlake, Texas MEMORANDUM VK January 15, 1999 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Fire Service Accreditation Recommendation One of the objectives that we in the Department of Public Safety have strived for,both internally and with the cooperation of City Management and City Government, is the continual improvement of service delivery. An objective that we felt needed to be met in order to obtain the aforementioned stated goals is for Fire and Police Service to be accredited by their international associations. Representing the men and women of Southlake Fire Service, I am extremely pleased to convey to the City Council that we have been recommended for Fire accreditation by the Commission on Fire Accreditation Internal. Accreditation is a rigorous process and difficult to obtain. There are only ten Fire Services in the United States that are currently accredited and we will be the first Fire Service in Texas to be accredited. The recommendation for accreditation will be presented to the Commission on Fire Accreditation International in Fairfax, VA for final approval on March 19, 1999. Deputy Director Garland Wilson and myself will be on hand to answer any final questions and then, hopefully, accept the accreditation of the City of Southlake and Fire Service. This recognition will set standards that other departments will be judged by. By entering into the accreditation process, we have established self imposed higher levels of daily expectations for service delivery for which the individual firefighter should enjoy pride in increased professionalism, while the actual benefit is relayed in improved professional service to our residents. Other Texas departments are about to embark on this same journey including Plano and Frisco, while Round Rock and Austin Fire Departments are waiting for their on site assessment schedule later in 1999. The achievement of this objective is the first in a multi-part goal of excellence in public safety service for Southlake residents and the Southlake Department of Public Safety. The second task is to continue our commitment towards Police accreditation. We have continued to work toward this process while attaining Fire accreditation and we believe we will be the first Public Safety Department in the nation to have dual accreditation, and also the first city of any size in the nation to be both Police and Fire dual certified. The support of City Council and City Government, the interaction with the public, and the budget process have all been predicated towards the commitment of departmental professionalism and excellence in service delivery to the community. CJ�-• BC/bls City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Train Fuel Truck Collision On January 12, 1999 at approximately 8:51p.m., a diesel electric locomotive operated by the Ft. Worth and Great Southwestern Railroad pulling about 15 freight cars struck an unloaded fuel truck tractor and trailer. The fuel truck was going north from Highway 26 attempting to turn into the drive and entryway of the Fina fuel depot. The truck was struck almost dead center by the locomotive and flipped to its left and landed on the left side of the truck in the ditch. The driver was able to walk away from the accident unharmed. At 8:56 p.m. our units arrived almost simultaneously with responding Grapevine police and fire units. It was determined that the jurisdiction was under Grapevine,based on Southlake resolution 98-32 amending the boundaries of the cities. Grapevine had sufficient resources to work the scene unaided and our units began returning to the station about 9:26 p.m. This crossing is not equipped with crossing arms,but visibility is unimpeded. If you have any questions,please do not hesitate to contact me. BC/gg �t RESOLUTION NO. 97-22 A RESOLUTION v ADOPTING AN AGENDA MANAGEMENT SYSTEM LIMITING THE NUMBER OF DEVELOPMENT RELATED APPLICATIONS THAT MAY BE SCHEDULED ON ONE AGENDA AT A MEETING OF THE PLANNING AND ZONING COMMISSION OR THE CITY COUNCIL; REPEALING RESOLUTION 95-24; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, review of development applications is a lengthy process and requires much analysis by the City Staff, City Planning and Zoning Commission, and City Council; and WHEREAS, the City Council believes it is important to allow all citizens an opportunity to provide input to the Commission and City Council and unduly late meetings or repetitive tabling of applications creates a hardship on the citizens; and WHEREAS, scheduling an excessive number of applications on a single agenda results in meetings which extend well past midnight and produces an environment in which careful and thoughtful consideration of the issues of a case may be difficult; and WHEREAS, it is in the best interest of the city to consider master plan components and development related ordinances in a timely manner; and WHEREAS, it is in the best interest of the city to limit the number of applications that may be heard at one meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Resolution No. 95-24 is hereby repealed and the procedures and requirements herein are adopted. SECTION 2. The number of development related items that may be placed on an agenda of the Planning and Zoning Commission or City Council shall, when assigned points based upon ( the points assigned to the item as shown in the attached Exhibit One. not exceed two hundred ,,.,and forty (240) points. L.\WP-F1LES\RES-ORD\LIMT-CASTASES6.WPD Approved April 1. 1997 Pa.-e I of 3 SECTION 3. Nothing herein shall prohibit the City's ability to comply with the statutory requirements for reviewing plats in a timely manner. SECTION 4. For the purposes of this resolution, master plan components and ordinances requiring review by the Planning and Zoning Commission shall be considered as development applications and included in the allocation of points for establishing the agendas. SECTION 5. In order to accommodate public participation in components of the Comprehensive Master Plan, no more than one (1) Comprehensive Master Plan element as identified in the City Charter shall be placed on an agenda for any regular meeting of the Planning and Zoning Commission or the City Council. SECTION 6. If an applicant will suffer an undue hardship resulting from delay caused by the limitations contained in this resolution, the applicant may appeal to the City Council for relief. SECTION 7. This resolution shall take effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED THIS 4TH DAY OF APRIL, 1997. Mayo Attest: ��,.t EXgs �= s Sandra LeGrand, City Secretary_ is o *$ L ,\�P-FILES\RES-ORD\LIMT-CAS\CASES6.WPD Approved April 1, 1997 Pa-e 2 of 3 EXHIBIT ONE SUBMITTAL APPLICATION POINTS COMMENTS A�SFRE zoning request; l0 With Plat Showing or Preliminary Plat SF-30. SF-20 zoning request(where no infrastructure improvements add 10 points required) No Concept Plan or Site Plan required SF-30, SF-20 zoning request(infrastructure improvements required; 90 With Preliminary Plat add 15 points Concept Plan required. (<30 acres) > 30 acres add 30 points Residential PUD zoning request(<100 acres); 90 With Preliminary Plat add 15 points Development Plan required. or NIH, NIFI, NIF2, Cal zoning request Residential PUD zoning request(>I00 acres); 90 With Development Plan add 30 points Concept Plan required. With Preliminary Plat add 15 points Residential PUD- Development Plan Only(< 100 acres) 60 >100 acres, add 30 points O I, 02, C I, C2. C3, B 1, B2, 11, 12 zoning request(s 10 ac.); 20 > 10 ac. add 20 points No Concept Plan or Site Plan required. With concept plan add 30 points With Site Plan add 30 points With Preliminary Plat add 10 points CS zoning request; concept plan required 45 With Preliminary Plat add 10 points Non-residential PUD zoning request (<20 acres); 60 >20 acres add 30 points With Concept Plan add 60 points With Development Plan add 60 points With Site Plan add 30 points With Preliminary Plat add 15 points Non-residential PUD-Development Plan or Concept Plan only 60 With Preliminary Plat add 15 points (<20 acres) >20 acres add 30 points Specific Use Permit request; 30 With Site Plan add 30 points Concept Plan required With Preliminary Plat add 10 points Concept Plan or Site Plan approval(property already zoned) 30 With Preliminary Plat add 10 points Preliminary Plat or Plat Revision(< 10 acres) not noted above 10 > 10 acres or PUD add 10 points Final Plat(< 10 acres) 5 > 10 acres or PUD add 10 points Other plat not noted above(<10 acres) 10 > 10 acres add 10 points Plat Expiration Extension or Variance Request 5 Master Plan Component 60 If first public hearing, add 30 points Ordinance(New or revisions) 30 L'\�'P-FILES\RES-ORD\LIhiT CAS\CASES6.WPD Approved April 1. 1997 Page 3 of A[:Please Save Our Tom Thumb .BAN:15 !M OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. zZG4 ZD `12,Z4-2 q�� Name Address _ Phone 2C�C �Uje, 20 1 fti r ? o� �/ I Name Address �/ Phone F�&-q ,li�O �<—' 63 ac)z N dress Phone Name Address ? Phone Name Address ' Phone 6. ��.. A 4flcvp 7 b b �nrox �j0- H� TY - D51 N Address Phone 7. ?OF ce w N ,� / ,;' A ess PhoneC��'q i� zz Name v Address Phone N Address ,l✓ Phone 1%- 0 ,'?1 ��<7/, /�C i.0 , ��z z- ��-d 93 y Name Add re s Phone N _ Address Phone 12. EZd 6V T GAG Name Ad ess Phone Name Address Phone 14. Name Address 147Phone Name Address Phone lenenetiff Please Save Our Tom Thumb � 15 Zoning Case: ZA 98-156 CE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, buto planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. q d r5 a y��- 50'� e`/et woo d c) . 4��1�6(? Name Address Phone CU� �Y(J kVjS_oY\, -31(3'— Name Address Phone 3. t0 27 q-81 Name Address Phone am 4. oa a -3303 N �Addre�n �� Phone 1303 Q'I Ilcir�F Gr l✓n briyF `I Ito - 130a- Name Address Phone 6. `tea C Na� Address Phone 7. oht, ) y( -7 S L Name d Phone 8. � Ljz &Ivtt �. � 41637 Name Address Phone Name Address Phone 10 Name Ad ress Phone Name Address Phone 12. DiANK CAeLYSCIE QL,,& C!2 �9_�464 Name Address Phone 13. o (/L Nam dress Phone p 0�9_e? N Address Phone Name d pho� Esw Please Save Our Tom Thum'Zoning Case: ZA 98-156 ECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1._JY�on� 21denovg 50% S qto Dr ftAh,/ce Tx Z &/A3?-q-F_3,T:5 Name Address Phone a. TF II en IrY1Q I y•n I cis Pz""S.1 D6 Sou_ ft last, Ty -7 b p1 a `- 580)a. Name Address Phone 3. 12-ESti1(ija (6g aLctatjt `7b lea f& Name Address Phone 4. a �- Y /�l �� r rro�� U c �� T`� l 1, -6J5` Name Address a•3 SCU C�'�p�� /�� So°!��Q�°ne��s J 5. Sfi ax �a n Tk Name Add As Phone N ddress Phone I & 91�/� ame Addr ss� Phone 8. �J Name Address Phone 9. At4 Sc YATZ 37�-ZT/ Name Address Phone Name 1 Address Phone 11. f / l/00 e ej4 N e Ad Phone Ad ss Phone 13. 1#10 N Addr Phone 1 t N � 4dress one 1s.Name Phone 1� U �J JAN 1510 Please Save Our Tom Thumbi OFFICE OF CITY SECRETARY] Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. y-vt&1:L I�01 r In a t i L Name Address C Phone , ,,,,2. Name Phone 3. Cl rU / Q IV G� 11U,� �Z- 'J- - J U Name (( p Address Phone 4.� ��11 l.(.1. x'ah Phrk` r %UMO. �t ,44(q -2977 Name Address Phone 5. fob Name res Phone 6. 03 CAL qaq_IV� N Address Phone 7. � D 0-7 - (cq.5 Name c� Address Phone 8. Cj f o� \1)15 w- 5__Kj o(t i 1. i L)�'3 i Ss i Name A,dress Phone 9. 'S i 0/- /z fe Name Address ` Phone 10. .K `Qr'�✓YCe -clZg t0 Name lmdress y Phone G Name \ Adaress Phone n, 4V16�� Name Address Phone Name Address �Qa! Phone14. IOU Cr Nam Address Phone 15. ( ':-s a v e L' c \ L�vo . Name Address _ Phone ►AN ! 5M Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. I T 5' L :30S Name Address Phone 2. � UB Y o/W i ' '_/0 Name Address �-7 Phone Na*"'T�a 1�5 6 ?--1- 3`1-:P�57 3. Address Phone N Address Phone 5. L Address hone Address I� Phone Name ( , n Address Phone Q6)8. S U ,YV y �kll� /LJ 505kCk L4 iVILL kit � b o ,01- 14S t%- 17 Name Address Phone 9. ti rf'z-� / ,5,-? - Yq 3,S Name Address Phone 10. (��' �-- a 0Z 6 f7 �- 81 Name Address Phone Name j j Address �y (C Phone 12. -! .ZL E,,�J 17(1,o/_-Z (1y/-__,29�C Name Address Phone 13. A �)19)16 /wAVr&/✓6 w Y-/LQ Name �` Address � � � Phone 14. Ih Nam Address Phone Name Address Phone JAN 1 510 Please Save Our Tom Thumb L OFFICE OF CITY SECRETARY' Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 11-�►�a�I `�'� 7�q5- LOS ptc�/e S f -Tor- 16kA T�C 1�13-1 17)q8,5 Name J Address Phone Name Address Phone 3. oA 2 9 Y,� %Vim,�Cc wQ�./ T/� Name Address Phone f a. yam' ✓ � �' L: INS .;�, N Address Phone Name Add ess Phone 6. 4 �l /6-371 N Add hone ZE'7Lq Name C' Address Phone s. akikik'k �G1 l)()�. '�ul 1MA ko(30 Name Address Phone 9. &� 2 tom, Y c f-- � o zs�- � yf 8 — y5 8-3u 3 z Name Address Phone 10 +>>^` 6 V� N S L 4 S�cr-r1�LA)<E -t`.X 7G 09Q S/7 Name Address Phone L/ [i Name - Address Phone Name Address I Phone o Cl Z. Name Address °]/ C� Phone 14. , ! IWO,44,"), lC� � /� NamL Addreo/ - Phone JA J� .� , 15. �" ✓ JY�I n o 7�0�� Nam Address P one Please Save Our Tom Thumb .'AN 1 5 FM Zoning Case. ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for you consideration. 1. '7 tic � _ nl 6 �i7) Z 36 Name Address Phone � i- Ci & (- q as� <� Ad ess Phone Name 3. e— A �T ll 2:7 st�,,�—VL u-�Zk Address � �--- nQ Phonet�'?O.O� lc�mtitic, 2 , Na Address Phone 5.� Nam dress ' Phone ress Phone 7. Lk �'a- �L% N e Address Phone s. ()7 cT 1/4-1- M-31/S �me Address 1V Phone 9. i3Q Name Address P one 10.arnr>l I6,�b 1voj�, q o� 6&ba, 3z9- 3q Name Address Phone 11. 13_ &hQ_(-Q, Shore 1215 0-hUe-1 DIbu-'n5 Tr . 44 ?9- 4 q53 Name Address Phone 12. /� C,t e"mC?0 r71`fmYK� Cis 4�-Gl�t T -2�/- Name�.-� Address Phone 13. cJ`NN 661t; �� a k' 06A7aws 4�f,0_ Name 'Adddress Phone 14. ` �i 1 �L4 v;�- �a-j_A A 42 401SLIZ N ��Ass 4Z� �i , 15. uJ l�� W Q o� �o Name Address Phone i ---------------- p Please Save Our Tom Thumb JAN 5 1999 p Zoning Case. ZA 90-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. /['oB" 4cf ev A)� 4&'et 5-r Jel L& Name Address Phone 2. _nj(-1 n jL Yt.fjqn n 1 (7)r) Lea Lf c,,)r_c -1 _2"X -Z ci Name Address Phone N Addre Phone 4. Name Address Phone 5. (2, Name Address Phone 6. v t .2v 1,• .T'o.e b, G N Address Phone Name jAddress Phone 8C��yy 0r91-? j-k»rnus �2 7 3 1 - Name Address Phone 9. Z_//V 6' /]%' `/V'L--7=(.X ,''/ b (!5"C L=ni lr'd S LZ yV/ Name Address Phone IL Name Address Phone 11. 7dy V,f/2 Name Ad ess 1�?J� I.. v Phone 12. 0 On Sr l ' Iva �o(.c Cz —6G�o Nam Address /� c Phone 1 70�. (T ��r G� JD tl . /T O f_V a Name A(d�dres's(n Phone Q 14. LVLl Naif Alddr�ess / Phone 15. �i �1 � �� r L ,x� .l 1. C2 " /^ v2 �` =�' .` .K Name Address Phone p � C� C� OdC� Please Save Our Tom Thumb `'A" 15 I Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of e planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name - Address f v Phone 2.�n r�, a�1r1 70- �- 1 L L e9 I -i o2s- Name Address Phone 3. C<cl� Q 6 v `j�G' 26( S Name ^ Address Phone Q ova l - C/ Nam dress Phone 5. Name Address Phone 6. N Address Phone 7. P2 Name Address Phone 8. 30D Name Address Phone Name Ad — Phone lob-�X�c.C �"" s ��3 �eC�� I (� -0UO D Name ress Phone Name Address C� ��, Pho e -34 � N Address Phone N e Address Phone 14. N Address Phone 15. i'C(. 'G c !� 1 J� o� �LQ, Name Address Phone IM Please Save Our Tom ThumbFOFFICE 5 / p YZoning Case. ZA 98-156SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name D��d�dre:ss �� Phone 2.� eio•li� G � 7/y �GrllrPc e�; 1- N me' Address Phone 3. Pe_6 e 5 11 e 1— 1011 Name U Address Phone 4. 1 S�U lie �A 0?/ � 1,� LAYsS YJ Name cA Address Phone 5. 0 d2tIfIlyLll�I 1�51� 1 , w, ii L � k 211YI Name Address Phone 6 6060 C# Q$ Address Phone Q ✓�O 4TMIPmat) '7Z ��j�rn Gf�JLt CI(LC[E. S.►..�,lG,,xe '�Z / l' Oq/j Name Address Phone 8. 0� a60 A 07h so ��4 -T r/ &c Name � Address Phone Name Addre Phone ,�,10. Name Address Phone 11 / - S S Z 2Y 3 Name Address Phone 12. �� Cr� �l ' 32 S N Address Phone 13 its/3 1�/ otiJ� 3,?q_o &>65 Name Address Phone Nan -, Address ` Phone Name Address pry o � � od � Please Save Our Tom Thumb JA" Zoning Case. ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. N A ess Phone � e Address Phone Q 3. &iq tot Of 6Kci.r— Fr C qLq .5 t I Name Address Phone Name Address Phone s. tiu A Name Address Phone 6. Za S;� aG Sa,�TrrC.4IC Address Phone 7. /, e Address 1 Phone 8. N me Aid ress Phone ICW Name Address Q Phone 1 1O Name dr ss Phone 11 JX vA�.1/` / /2 N e Address Phone 12. 1V,, j�',- i,�, F� `:f.. P6k_e- y Cn of 1« Name Address fl Phone N Address Phone 14. (, II ve . ;I — 5. o g3c)- 33I8 Nam . Address Phone 1 33/ Name dress Phone E::]Pl ease Save Our Tom Thumb Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Than' Ik,you for your consideration. 4 Nam Mdress Phone 2. V /_0s4. Name _,Address Phone 3 e Z)q zbzo 814 Tr4t, 33 -7- // Yl Name Address Phone / 4.g�L<U- l O W t cc w�/ l - -7 � ((, NatnP Address Phone me dress Phone N / Address Phone 7. f/C Name Address Phone 8. Name0 Address Phone 9. 2� G S z 7 a Address Phone 10. :4C.'Z 16"N'� l l Zf Name Address Phone 11. j M —�-\T+nbc, LAS Name Add ss Phone 12. lr(S Name dress 0)�'(� ��/n Phone 13. c Zb "�J � l -q f Name Address Phone 14. 2j G N /� Address nn Phone 15. ' �\ o yhc�. N Address Phone p Please Save Our Tom Thumb b JAN 1510 Zoning Case. ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of e planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. 5 j 2:r.� ,-';1,7 "4 a e�0� /_��5 e:5)-,o?,�/n e ax- Name Address r� Phone 2. N Address Phone A3. / J %C� N ess Phone 4. 1-7 - 05e 917 -1 S56 N e Address Phone Ilk e 2- 9 ' Name Address Phone ` d C dress Phone 7. �S Y V 12u� /mil N. Address _ Phone 8 Name Add ess Phone 9. �' r n5 u1 5 �.e(cP �r� a L �a/ -mil/ 0 Name Address Phone L -7a� �91 - 1o. i v *ICIS _ INA Name Address Phone 1 E — Name Address � q� �+ / Phone 12. , 7V ? 5 �, cSae, / �110—�fo.3� Name yyam) Address IV� Phone 13. j,Y G6bZ54 201 ,iel 1/e-e SZe Name Address �^1 Phone 14. ( �o� Q , _ N dress Q I Phone 15. Name Address Phone Please Save Our Tom Thumb JA" ' S Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Adgess Phone 2. lbw y r Aj, w c4� Y3� Name Address Phone � 3. 1!7�Z Name Address Phone 4. ALP S Tr �� 3i 3� Name Address Phone Name Address I Phone 6. N ddress Phone 7. Name �ddress Phone 8 c ; 3�ro ygg - Z�y Name Ad ress Phone 9. Z Qom,,,c, .'ip� 5-0 t (w� Name Address Phone 10. Gi C Name . Address Phone 11. Name ; Address Phone Na� Address I l Phone 13. /ZM K 40AII S L • N Address Phone c y C., Nacn Address U Phone Name Address phi MI Please Save Our Tom Thumb "'AN 15 Zoning Case: ZA 98-156 1 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. vo 0 ' k Oa Cis Cr a - Name Address Phone z. 173C t`�argr,.q-� Wav 3??4 Name Address Phone 3. �V/� ?U2 / rhCfr CCI� �/i2(-� 77-mo6 Name Address Phone 4 vL D <<e -F7— e Address Phone �fl_6 �1-2� Name (Aly Address �7— Phone G, 6. 1,f 1 (� i /tics t N C Address Phone N e Address /� Phone 8.A �d,— IS06 LC Z Name Address Phone 4 �ay- Address Address hone 40. I j I d� 2-4 123 Name Address Phone Name Address Phone 12. tq L L 57 7 49--� -l5U Name Y Address Phone 13. mEL_ (�C�bE►ZT5 Z3, 0 q ICJ gPL_.,0,5 D r, i-I a r5 f 4q B-2.3 Lt Nn�:l Address Phone 1 .2J' ��U tN Z �fZ Sow. L)4/ 94 `qd z0 N e_ Address Phone 1�k , �Ka1 u a4 g.4 Name Phone D S lJ u u U Please Save our Tom Thumb JAN 5 �ggg Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. Pk-L R 7- Nam Address Phone &jua z 2 0 Name Address Phone Llama Oi z /-�99Z Name Address Phone N t Nam �_ —7 CJ / 7 -7 e mac) Address Phone Name i � ��.(' (C ess Phone 6. a J, c pZ C2 32��1 is NAhvm,ee Address Phone 7. �Zj `0Z tfegdoYv h 76G 4 Z Name Address Phone . rho s. ! uc Name Address Phone t-+ . 9._&jDQEvJ W Q1 Fe, L °( l3v g I�+ow e r- -7(9 o qZ 2'1 a-71T i osb e Named ✓I Address / Phone lo. 7", f/ 5 /3�/ //i�a %�G� ou7�lu,�-e /r� /7- .3//Gvq Name Address Phone 11 1 3 'e, 1/�� 3Z9—mo37 N Address Phone dress hone 13. Nam Ad Phone 14 Name, ess Phone / 15. Name Address Phone JAN 1 510 Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name / Phone 2. l c.Sv�� Gs el ? — Name Address \ Phone 3. k1rex (Qti� /o /(b 44VIa U'i • ��c� / 7—SQ�0-53.2-0 Name Address Phone i � 4. /-aNN� 6�'Gs le-/,'4.k'E Name Address Phone toug7 - ,3dc(- �4((_-3 N Addresssr Phone Q N Address U Phone ame JAddress Phone 8. , `--it , �'� _ -7 Name ,t Address d Phone CIA",tit. - Name ddress Phone Name ess / 9 t �L [ Phone 11. L ( �o( Oe�/ uvj �-T 5 �t,� �lit �� ZY—/U6o6 Name Address Phone Names Address / Phone T 13. 'v Name Address Phone Name Address J� Phone (� 15.0 Name Address Phone JAN 1 51999 Please Save Our Tom Thumb OFFICE OF CITY SECRETARY (4w" Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. r70 9 410EZ'11- Name A Address Phone Name Address Phone r II c,r /-•V ��•�+— V >c — D Name Address Phone :14 Lao 'Pmo L,� d a L LA - �o Name Address Phone 4E=�_ N e Address Phone 6. 5L, N A dress Phone 7 30J) f0 � i ame . Address r Phone 8. --lit Ili 4,01 -[Ol / 9, t Name dress ff Phone (I�e I �/10 iL am Address Phone 10. �e tr'2z/ 0, CSL q Name %, Address Phone t i. �<�r,� ,4�i7 �.�1-CGS- � • =5�� .�Z y�'' �� N Address Phone (� I N e Address D Phone .1 / 41q 1 C f�r rJ -2 CC ��T� 5' -q- 7l,3 Name Address Phone Address Phone 1574, N e Address Phone 519,9a Please Save Our Tom Thumb JNIv ; Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. fir. e tA Address Phone 2. Name Address (� (' Phone 3- ( � t Gt �L �t.,1A J L ( 2-1-l 5 N e \ l A Address I i Phone 4. V K, k\ 1135 � VTlla �� SL ZS i- S loZ Name Addr ss Phone s. erg riu ri .`15 1o2cz f 4a�-z ct� Name Address Phone / 1 �� 6 ` 416e IA,11, Dr. S1 T �l 3o-u3 N Address Phone - Name Address Phone 8._ ,ntL. '�-C-,� i 37� i✓��b= t L .., ��\ate ik �� y3� ; Name Address Phone Name ess Phone 10. 5 /v`� 111e / Name Address j Phone 11. l y �'- C Name Address Phone s- 12. �_ D �o 3c7(-) �:i L�� ,_ . L�CY��CLL� TX Ili Namre7 Address 'l Phone 13.LIL (��k - i`16 f frV,-4.i 2 I Ito - 1 T 7 Named Address Phone 14. '..�I(.� l �A'p0 G — � ( o . (-Z01f2 Name Address r Phone 15. Q ( Name -k� Ad Phone Please Save Our Tom Thu1:1mb(owl Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, buttebenefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. -c Name Address Phone 2. PP Address Phone ql� Po_- �v,� L q S 3ac7 - ?1 �oe3 Addrrees�s / L Phone Name �/ress Phone s. Name Address Phone *me 3 �� -16 Addr Phone Ad ess P o e s. ame Address Phone 9. 0 L rt-, .ti /y /2. ,� l3 .ram C.,1--j U 3 Name,/ Address Phone e Address Phone Name Ad ess Phone Name Address )) Phone 13. I CjlP L ?5/— Name ddress Phone 14. �f�j Z 2 Nam Address Phone 1 - ��-1-76 0 ? N Addrej Phone JM ; 5 1999 Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an e eso_ and the planned center will be a big benefit to our area and an important addition to�F F base. Thank you for your consideration. 1. S e Phone Phone 3 — I Name Address Phone 4. Nam Address Phone s. ado s- 1d4, 12�O cq Name Address Phone 6. /(-/D o CGS-il��/�p fir % s.6 -2cGo L/��/- q �a-S N ' Address a v - Phone ame Address Phone hame Address Phone 9. '704 I&V1 Ql: L q 6 0V q--2( -( Q N Address Phone 1 A� Svx l ►Sao Cc_8xdt V SA- 76 0Qa- Nam Address Phone Name Address Phone N Address Phone 1 99a��? Name Address Phone 14. � � - Name dress Phone 15 SdZS Nam Ad Phone �, D pgg Please Save our Tom Thumb JAN 15 Zoning Case:C ZA 98_156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. 9 /lJ. �(.ur//e 1 Zz 9s Name Address Phone 2. k�Ek /, , Name Address Phone v A 3. // o (o 42/-/2-1 Name AcWress /7 0L3 Phone 4 41�>/ N e Address Phone 5. o Name Address Phone N Address Phone Nam Address hone 8. N Address Phone 9 Z 0 I �tN� �i21`f2�} 3l `1 � e Address Phone 10. S- �rT � 3 7 l6?0 Nam Addr ss Phone Name Address Phone Name Address PPhone L/ 13f j`v ' &� ; G"Z"Q Aa. Name Address Phone e Name Address Phone Lk Name Address ,�-:,k Phone p [ (% C0T. (� .-AN I Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. , dt4t�&,t� �l S /�-�C,C,/s 7h/-Z 3 0 Name Address Phone Name dress Phone 3S( N e Addr Phone �] N Address Phone Name A dress Phone Qoz 1101- 7790 NaAddress Phone 7. S Z.ITN I K S�O U% oft Uft o r I n -Yyo( Name Address / //,n p Phone 8. c�oliN &C-U6 a�.2oe,� G", ��oU 4O 8 — Name Address Phone 9. A 0( oo w �r' N dress Phone to o U 37�1 SSd Name ess Phon N Address Phone Name / Address Phone 13. Name Address Phone 14. Name-\ Ad ss _ Phone GA-L/1 2 77 15. r� ►iy�� ' "S Nam Address Phone Please Save Our Tom Thumb .J"q 1 .5 N% Zonin Case: ZA 98-156 OFFICE of C►,- f SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. ry F:�� 30� Doti/eN 6c. / 7X 4(2/--3oay Name Address Phone 2. (Vijf44 D0jjPe-,j 0 7ej o o/ e _ Ad _ Phone e Address Phone ZIP / Name Address Phone N A dress Phone �� '� G ✓��c� T__1 A-a—fig N Address Phone A4,- G 4 Z C1Aa lu-- C4-, so It 10 3 Z q -I 0!o Name Address Phone 8. &htj 16,30 j.3 Name Address Phone 9._\.5U:5ae7 &r)rl U 3 0co T('I-n bw ,SJ- Tx- 424-334-3 Name AdAress Phone Name Address Phone Name Address Phone 12. Name r Addr Phone 13. nlC � .�1r` GO L /�.�� + f �.� 76 O l L Name / ,,A dress Phone 14._�.'Gt /1 k7/��/ll YO'l /Ti(`1 T��(/mil? �.//• S L' ��v� /`� <i��' -G�/'I Name v Address Phone Name�'"� Address Phone o ► �� w JAN Please Save Our Tom Thum OFFICE RETAR 'CA�Zoning Case: ZA 98-156 v K.Perealize that thPsplan for this shopping center may not be perfect, but the be of t � planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. /2 P - &9() (, Name Address Phone Z. 1_�Yv�►n. �O�nl� 1�05 kermar)M4 Ct— 4 4- S4 ! Name Address Phone M 3.�ArU,4 7)kLjj_ vkN `700 QIt) 14 v�l� Name Address Phone 4 �G S sS Name Address Phone q0 df Name Address Phone T— N4 Address Phone 7. 4Nam AddressPhone Nam Address ,:,,Phone _ l Q / Nje j, Address Phone rS�f xo. i 3 s /Ua/�vrT�4�vYJj rQ� Is G vTh (u(c P `/a/lei.S '/ 'Na(ne Address Phone 11. Q 5 , Name / Address n p Phone 12. oc YX'AJ SWn� $d� t'�` MSC 1- - L�. l K� `(a a 7 3 4 Name Address Phone p. j— Nam Phone Name Address Phone 15. �o v 3 �17 :, ram, - y Nam Address Phone Please Save Our Tom Thu OFFICE OF CITY SECRETARY .,. Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. k-AOk"y'- C--t�'nly-j Name AddreW Phone 2.CO,fD I $25- b `6- - S�I Name Address ' cA Phone 3.3: j t1 A* u T"4_A" pr l DC,�- --D-f-,Z-7 -7 1-- Name Address C Phone Name Address Phone Soo 1 ,a a- 3 - I Name /JAddress I r Phone N Address Phone Name Address Phone _> (46tu-( Name Adifress Phone Y� l 9. � alln �br hp-S Nit Oambr(�, C1 � (� u�4 a3�3 Name Address Phone Name dress Phone 141( "Z�Z� Name Address Phone 12. ?&n4_""s,I 6 AA Name O I y�� Address n I Phone 13. ""'"'� JV "' �� 1—w2 N Address 1 Phone 0 DO3NUrn14 , S)� D- Z� Name Address Phone 03 3a� -�o7� N Address Phone �J Ka Please Save Our Tom ThuZoning Case. ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. f Name— Address Phone Narm Address �y "� / C j Phone 3. 0-I b I< V d V qU 0G NamA11-614 Addr Phone 4. 2oaKs // C,O,Uc'C�24 ��E Du��L�ieC i 3Zg ZSO Name Address Phone 5. N CA L i-23 ON0 y a ob C`�n-,��,u3,�E -De �,(� 'S Z.4-3 3 Name Address Phone 6. N AddresV 0 Phone �[ 7 & Name yAFaress Phone 8.2'jf"_C� A Name Address Phone 9. 5 � (4 Le A '�ay 33OS N I Address r Phone [i,j. L Name Address Phone 11. O C (�--� Name L ress Phone 12. .6 e 1 i� C Q!(rQ 0 Name /Address Phone 13.(� f.� �� 'Y v ,e, oTa4fi la/C 69 - 57 y NM ess Phone 14. 1 � GnIRAA V, Name" ddr ss, Phone i 15. Name Address Phone TD , IJ .BAN 1 u Please Save Our Tom Thumb 5 Zoning Case. ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address p Phone 2. /Ql Name ddress q� Phone ^� 3. Nam 4e Address Phone Address Phone 5 - - /r Name ddress Phone 6 - N ess Phone x 4 ( - �. � 8090 Name Address Phone �z s. , ,---� Name Address Phone 9. 2 Name Address Phone Name ess Phone /^ � -L Name <fAddress Phone 12. Name Address Phone 13. Name Address Phone 14. Namp Address Phone 15. Nam Address .]phone I JAN 1 51999 bi i Plea se Save Our Tom Thumb Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY � g We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2. _\ i ' o �t�l� 917-32 7Z5 Z. Name Address IGePjne r Name % Address Phone vC 4. Name U'address _ Phond - J -y 1 5. . ' VU ' y . . \ . r 1 NaTe Address , t Phone N Addr s Phone :L 7 Address ) / Phone ?Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Nan Address Phone 15. Nam Address Phone t : , Please Save. Our Tom Thumb JAN 5 1999 Zoning Case. ZA 98-156 1 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. . gD/ �199-6 7�7 Name Address Phone 2. ! -3F6 Name Address 0 Phone N4 oo.Or Ad Phone 4.' /J U Liz 1 lv N e Address Phone 5. Name Address Phone 6. 4W N Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. N Address Phone 15. Nance Address Phone 1999 L Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. j N Address Phone 2. Name A ess i' Phone (;�� C. L4] - I z3 Name Address Phone (1 Name Ad ress Phone 1 5. Name Address Phone 6. Na Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Nam L. Address Phone 15. Name Address Phone .4- I JAN Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for yo consideration. s"I"'efa)(vill Name Address Phone Name Address Phone 3. i ��Y�� c� — ��^/ e� mil` /`fit �Ccc 3C' — C�,f�5 Name_ Address Phone 4. Name ----Address Phone 5. Name Address Phone 6. Na , Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Nam Address Phone 15. Name Address Phone Please Save Our Tom Thumb ��Icr OF Clre SECRETARY Zoning Case: ZA 98-156 - -We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Th u or your consideration. /NS Name Phone Ad ress 2. 7_�, � V" --s--eA_� C( Name Address Phone 3.5� �� 7 Name Address , one 4. f� C / / G GC; c Name Address Phone C2 Name J, I Address n Phone 6.;L,Foe g e.e. je-, In-7 /2, , Add s Phone 7. Name U Address Phone Name Address Phone 9. /_� Name ,.--Address Phone Name `` Address Phone Q Q yd Name Address Phone 12. �/7y�7 �/>c` S�l� ��o�S: 6 C7 Name Address Phone 13. J Q{ c C"�O_U O f a C/ Name Address Phone 14. Name Address Phone Name Address Phone 5 ln� Please Save Our Tom Thumb JAN 1 Zoning Case. ZA 98-156 OFFICE OF CITY SECRETARY -I We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone Z._ ��r�i Sc cat , 0 3 A��,� �, >'V 3 Z -317 7 Name Address / Phone PkLrl�3. r I!o - (6 Name Address Phone 4. h4 -1�- —Z �J ! �� ? - a z '0E Name q)7e Phone J Name / ^ Address Phone N ` Address p, Phone 7. Name Ad ress Phone a 8. �+r\Q�-� � cc �C , � �- l Cv4 Name Add ess Phone 9. �✓- S� rhlz.9-t f�L�'�Oi L{Z% 0 0 Name Address Phone Name Address Phone � j 3c� Gir ILLS Name Address Phone 12\ CT 6=,)&,f Za A(U d Kt j�.�- (, 7o cl Name _ Address c a CL- L I� (y Phone 13. J TX r�- Name Address Phone 14. Name Address Phone 15. N Ad Phone U JAIN U " + 5 i99G L Please Save Our Tom Thumb " OFFICE OF CITY SECRETARY y Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. _ Thank you for your consideratio 1. I.S.Kh ( M odtbin , Sw Il&r , 34-7L7L Name Address Phone Name Address Phone 3. S w ff .1)�-77yf3 N e l Address Phone 4. Name Address Phone Name Address Phone 6. Cam •1 S a 4P �-Z__01�103 N Address Phone 7. [b CC,L Z 12-0 13rely+c ove_ & f Vj'n_( qyy to_L6 Name Address Phone 8. '� � �5/C� S/��Lc�i/� tr I'[ •KL�n L L S ��D70� N Address �. P ne 9 jC7U /'v 1 ` �2-/ -2��0 Name Address Phone I 0.� J7��- Z S��Wk c 7-'0 Name Address Phone v3 7 Name Address y�— / /Phone 12. / t �� 1.� t�c� `'� 1 Nac Address Phone 13f. G� e-� O �/z� I — b Z I N e Address Phone 14. e Address e Name Address Phone p EJA ) 19�")1J, Please Save Our Tom Thumbi OFFICE OF CiTY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2. Name Address Phone 3. Name Address Phone 4. Name Address Phone 5. Name Address Phone 6. N Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Name Address Phone 15. N Address Phone J D10F n i 5 19% Please Save Our Tom Thumb LL Zoning Case: ZA 98-156 OF SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2. V� ! A' S.L . !�d`��"31 Name Address Phone 3. 6�Z��'" t- /�L�� ,� lP0,_� GUI C C-� Z(_ 2 Name Address Phone 4. Name Address Phone 5. Name Address Phone 4 6 --' Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Name Address Phone 15. Name'�� Address Phone Please Save Our Tom Thumb .JAN ! 51999 OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 _ We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. A, z,6 7 Name Address Phone 2 Lf_42 UQ 1 e ess Phone 3. Name dr Phone 4. Name Address Phone 5. Name Address Phone 6. N Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Name Address Phone 15. � Name Address Phone p � L� 0 ''� JAN 5 Mg Please Save Our Tom Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. �,�" 1. ; E�t..�-��,'� r.��- ��c..(— ?ZZ 5,,, Name Address Phone 2. ('A )i Corn bs 3 Z Ti-bt2hi� Plu b , 7 76262 4L36-213Z Name/ Address Phone 3. Name Address Phone 4. Name Address Phone 5. Name Address Phone 6. N Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Name Address Phone 15. Name Address - Phone �d jm 1999 U Please Save Our Tom Thum b ' Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. - Thank you for your consideration. 1. 6 "a L Name Phone 2. &er� ( 's �►�- �i Z S 2. Name Kddress Phone 3. J.UA— 551 T7wj:aLr L_a� L4j --to 0 2� 22__S� Name Address `7 Phone &P44o otai Name Address v Phone 5. Name Address Phone 6. N Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone 14. Name Address Phone 15. N Address Phone J .BAN ! 5 IM Please Save Our Tom Thum OFFICE OF CITY SECRETA RY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone Name Address Phone Address Phone /- Name Addr Phone 5. Name Address Phone 6. N�• Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name Address Phone - 14. Name Address Phone 15. Name Address Phone The following form maybe filled out and mailed to the City of Southlake,Planningland Z'on ng:Cot=ission, 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 I am, in favor o (opposed to) (undecided about) the request for the following reasons. c-� -fly �'� >> V SIGNATURE: Lu-- (Please Print Name) A;v = A"1 C C I ADDRESS: PHONE: ............._ .._... ._...................._.............__._................_._.............._............................................. ..............._ The following form may be filled out and mailed to the City of Southlake,Planning and Zoning C n c�fon,, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I am in favor of) (opposed to) (undecided about) the request for the following reasons:. :_ T SIGNATURE: 1 � (Please Print Name F ADDRESS:_ `�/v E� L /c" E PHONE: ............._ __....____..._.....__ ....._____.._....................._._.............._.............................................................................................. The following form may be filled out and mailed to the City of Southlake,Planning and Zoning Comm}ssier�- 667 North Carroll Avenue, Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 I a (in Dpposed to) (undecided about) the request for the following reasonsy 1 Ccci�c r SIGNATURE: a J; :17 l ,^ (Please Print Name) ADDRESS: ! % �� c Pi-TONE: �� ................._......._.._...................._............._...................._..................._........................................................The following form maybe filled out and mailed to the City of Southlake,Planning and ZoWhg Commission, . 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 I am (in favor of) (opposed to) (undecided about) the request for the following reasonsI L-c� ' r1 SIGNATURE:�/;(_,� 0'0el1i y-14 (Please Print Name) PF �rA-uCI-Ii7 0 ADDRESS-ICS C4-1L �kL.,- PHONE: 1- 10-7 5 The following form may be filled out and mailed to the City of Southlake,Planning and Zoning Commission, 667 North Carroll Avenue,Southlake,Texas, 76092. - -- --� REFERENCE NO.: ZA 98-156 �. i I am (in favor of) (opposed to) (undecided about) the request for the following rpaseesc,s C 7,t S:: LIZ- SIGNATURE: (Please Print Name) ADDRESS: PHONE: ........................._................................—......................._..................................—............................... .......Z.:.,.o..._..._..... ....__ ._ l The following form may be filled out and mailed to the City of Southlake,Planning and ging-Evmm�i 667 North Carroll Avenue, Southlake,Texas,76092. -{ REFERENCE NO.: ZA 98-156 I am Linfavor of)(opposed to) (undecided about) the request for the following reasons. - /� r o �'J �i y��`r �.� � /�Y/20e-4 —�-�G.�ti.�k/.�� r.-, � �n 1 �f i p�d-� c .7't�� Pt7�;� %� I �l.c.-y�-•�Q� SIGNATURE: (Please (Please Print Name) ICc S ADDRESS: PHONE: �7 ` n 4e 0 .low«........«««.. ...............«»....... .._ .............». .....««..«....«........«....«.................................... !..T.;._...'' The foling form may be filled out and mailed to the City of Southlake,Planning anj Zo 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 93-156 L f I am m favor o i �FF!c� n= c!T`! f) {� the request fo the following reason SIGNATURE: (Please Print Name) ��\ ADDRESS: PHONE: t1�'t G tom. G � tip, Ac- C,JD. ................_ ...._...-.....---..-.----__....._......__.............i._.-_.............__.........--------------------..-..-.........-.......--.... �_ . ...rs.... �... The following form may be filled out and mailed to the City of Southlake,Planning and Zc 667 North Carroll Avenue,Southlake,Texas,76092. REFS v0.: ZA 98-156 hm (in favor o (opposed to) (undecided about) the request for the following reasons SIGNATURE: (Please Print Name) } G rl n GJ ADDRESS: G PHONE: / .........................._....................._.._.............._............._._..._.........................._........................................ _^... ...5 The following form may be filled out and mailed to the City of Southlake,Planning and utss n__ 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I am m favor o( f) 4epp -ra) ( cbd--be the request for the following r !c� E1-:7' ,,y T Ti+4 T �J/cam q i T,'4<7 Cv,�i c�rsE,2 5 -rc,�' �.;�.�v.�-/c3o�i.�.�:� T�-ti'4,vT5 � .3:JS:�•�;s 5 c=s , SIGNATURE: �� _ ' ✓y (Please Print Name) L Z- /V//L L E ADDRESS: l < <1�' ✓✓ 7�' /.r;= —. u� PHONE: ............. ._..__...................;_......_.-........................._..._............_._........................................................ n The following form may be filled out and mailed to the City of Southlake,Planning and`�"Yf" ounmilssion 667 North Carroll Avenue Southlake Texas 76092. REFERENCE NO.: ZA 98-156 I I am favor of) ' pposed to) (undecided about) the request for the following reasons, SIGNATURE: Cl/ t (Please Print Name) I e C I I ADDRESS: PHONE: RZ l 5 ...............................................................___............._...._._......................................................................... _... ...... The following form may be filled out and mailed to the City of Southlake,Planning and Zo�tg Cot>xmi3sigh, C � 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: ZA98-156 I am (in favor of) (opposed to) (undecided about) the request for the following reasons.=Ac, l- s n SIGNATURE: (Please Print Name) ADDRESS: �� C =j /YYI A/-, O PHONE:' J I ...................... ............ .ZoritnS Cornm �,°�'' _ Vie;Flann'pg and ;�! f 16092- orm Soot, 13lLe, - - 1 Wlr1$reas aoout) the request for the folio =NCE ided - o d to) (under favor of) ( 4P°se 35e -TONE: ............. «_«......_._................__..............._..................__..........................................�............................. e followingform may be filled out and mailed to the C' of Southlake Planning and P.o{�ng4imrsssion, Y rt}' g 667 North Carroll Avenue, Southlake,Texas,76092. REF _C_E NO.: ZA98-156 i I am (in favor of) (opposed to) (undecided about) the request for the following reasons: - -.— , CHIME-N EPri ft i bO TO THE------- Go ca R E (�� ( (�(i AND , I�� i�� ofi =o E�cNL-, SIGNATURE: l V �-11ti1 L (Please Print Name) &V Z 1 T KI K ADDRESS: S� t �D .CCN PHONE:_ C311 ..............._....... _ _. . ..._ _........_...__ ..-_................ e f011Owing form maybe filled out and mailed to the City of Southlake Planning and Commission, 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I :(in fav3o (opposed to) (undecided about) the request for the following reasons. SIGNATURE: (Please Print Name) ADDRESS: ( T PHONE: .................__........-_...................__.............__.................._._............................................................ ..... :^ The followinT..._,....:_...�......:......:..._ g form may be filled out and mailed to the City of Southlake,Planning and 2driiiti. b4 ion 667 North Carroll Avenue,Southlake,Texas, 76092. ;< REFERENCE NO.: ZA 98-156 I am Cfavor- o of) (apposed to) (undecided about) the request for the following reason s /1� JC C2 jam./'C� l./� �Y �' 41, ;( !� 1��l' '�'�'� L-,�, c'� �j Gr�L'i'� D� � , n - i n 0 -ll r'/L 1ju'Sii' SSA S4 Qy'� �iK3 l/ J SIGNATURE: (Please Print Name) S rU ADDRESS: PHONE: ....... _..................__. _ — Thefollowin ....._......_................._..............___..............__.......�.........................._.:-r...... ...,....:...._...._ g form may be filled out and mailed to the City of Southlake Planning and Zamin_t- ommission,. 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I am m favor o (opposed to) (undecided about) the request for the following reasdns:c-E- r__ c .._ v v C SIGNATURE: (Please Print Name) : /Z= V N i F - AJC L ADDRESS: �I4 S PHONE:- !!Lg/ - 5 2! ....................................................._. ...........-. _. .. _, ... ............-............. e following form may be filled out and mailed to the City of Southlake Planning andiZening Commission; 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: -1 L6 1 I am;%(in favor o\ (opposed to) (undecided about) the request for the followin' ea as �, 1 ��,�. G�ti Sam, C�Aj �h� n � �,i R'L�-cl Lc, 4 � �) SIGNATURE:— (Please (Please Print Name) ADDRESS: I�Gi i'�. � � �� -7& 09 I/ PHONE:_ � �'Lv`-w Gt.livtc,ti..,t'�(,, �trp �-(�; ��'�.��L�U-`'1•,�,r�� i,�""'��a.i, �1,�I�'l,l,i,�v,,� . J ................_ ...._ �..._...... ........ ------- --- - Thefollowing form maybe ........_...............__...._�.................._.............:..__. �_..�3 filled out and mailed to the City of Southlake Planning and Z g_Commissio 667 North Carroll Avenue,Southlake,Texas, 76092. - REFERENCE NO.. ZA 98-156 I am in favor of)-(opposed to) (undecided about) the request for the followigWie9i3:P.-' -:ter S-C:-,=T;,gy SIGNATURE: 77�L' ZCZct ��a�7�fp1-r (Please Print Name) ADDRESS:_ PHONE: ......................_..............................................................._...................................................................I..................... .....:..._....._ The following form may be filled out and mailed to the City of Southlake,Planning an zo ' 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 ... —� pFFICE OF CITY SECRET-1 RY I A . in favor of) (opposed to) (undecided about) the request for the following r_ SIGNATURE: ) rx)oIc;--) (Please Print Name) L i t t 01 L Za n K ADDRESS: !3'�I' �,C r(1 }CL11 C(�\ / �. J PHONE: .............__ .... ;_ > ._._._............._..._.._............____..........-.._------------------------------------------ .... e following form may be filled out and mailed to the City of Southlake Planning and g Commission, 667 North Carroll Avenue Southlake Texas 76092. ; L' y' REFERENCE NO.: Li LI! I am C(infavor of) (opposed to) (undecided about) the request for the following re so,, c GC �c G SIGNATURE: j (Please Print Name) ADDRESS: ' ! PHONE: % 7 `T I — C Z Z(le, J .........................._._......._............_..............................._.._._..........................................................................._.................._. . The following form may be filled out and mailed to the City of Southlake,Planning and Zoatq C n,- 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I I in favor of) opposed to) (undecided about) the request for the following reasons: ' -- SIGNATURE: (Please Print Name) a r f ADDRESS: PHONE:��1S-- c � L c t, 4 /�7 '.0 � r r-p-� ,77 1_17AdS ............._--........._....._......................................................___............---.............................................. The following form maybe filled out and mailed to the City of Southlake,Planning and Za�Hmg�Comission; 667 North Carroll Avenue, Southlake,Texas,76092. REFERENCE NO.: 7A� 98- L6 I am (in favor of) (opposed to) (undecided about) the request for the following reasons SIGNAMRE: (Please Print Name) r-� �Z'7� �r,•�2 ADDRESS: ........................ ................... _...... ....__ .............._.._........_ - ._......---------------......................................................... The following form may be filled out and mailed to the City of Southlake,Planning and Zo amrIIrssicai, 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 98-I56 I am in favor o (opposed to) (undecided about) the request for the following reasons: --- SIGNATURE: X""'1,,-L (Please Print Name) A).-4- -=1,42 <-_ 7-. /0 ADDRESS:_ i:,� 1 �I «r' r� `i� r = �• S .�1 h PHONE: ...................._...........................................................__.. _....._._.................._............................................ . The following form maybe filled out and mailed to the City of Southlake,Planning and Zoning Comnissiod, 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I am in favor of) (opposed to) (undecided about) the request for the following reasons.- SIGNATURE: (Please Print Name) ADDRESS: PHONE: ................................................__...........___...............___..........__..........................-�---..........................._.....�........._....,; The following form may be . filled out and mailed to the City of Southlake Planning and Zoning Com%aission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156W I am (in favor of) (opposed to) (undecided about) the request for the following reasons:,-,:,,- SIGNATURE: (Please Print Name) - ADDRESS: . PHONE: - .............»...........»._.......».....».»..........-........-..........._».................................. T'ne f011owing form may be filled out and mailed to the City of Southlake,Planning and Zdnmg Commission; _ 667 North Carroll Avenue,Southlake,Texas, 76092. -- -- REFERENCE NO.: ZA 98-156 I am (in favor of) (opposed to) (undecided about) the request for the following rea grLs; SIGNATURE: (Please Print Name)` ADDRESS: PHONE: .............................._.................................... _ _ -- The following form may be filled out and mailed to the City of Southlake,Planning and Zoning Commission, I 667 North Carroll Avenue, Southlake, Texas, 76092. REFERENCE NO.: -1 6 i I am (in favor of) (opposed to) (undecided about) the request for the following reasons-,= _:= -_ -- ?y SIGNATURE: �ht (Please Print Name) ; -S nx��C�%12� ADDRESS: PHONE: - .............__. The followin ............__............._...__............_................._...................................................._.............. g form may be filled out and mailed to the City of Southlake Plannin and Zorra$g ommission, 667 North Carroll Avenue,Southlake,Texas, 76092. REFEREN VO.: Z -i 6 I am r(invor o4 (opposed to) (undecided about) the request for the following reasons:' r G SIGNATURE: (Please Print Name) ADDRESS: e —PHONE: j �� 7 ............. _....... __... .._....._.................... ---- — ----.. The g form may be filled out and mailed to the City of Southlake,Planning and Zoning Commission, 667 North Carroll Avenue,Southlake,Texas,76092. - - -- ----- REFERENCE NO.: ZA 98-156 i I am- (in favor of) (opposed to) (undecided about) the request for the following redsop�_FiC - - --- - {j- c SIGNATURE: � - F (Please Print Name) ADDRESS: PHONE: r"f ................- _........._..........__......_-_____....... .......-_...... The folio .... •---..............................................................................C--................-- _. wuig form may be filled out and mailed to the City of Southlake,Planning and Zon�g omnnission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 lam (i avor� (opposed to) (undecided about) the request for the following reasons SIGNATURE: L (Please Print Name) c ADDRESS:_ -7 —z- PHONE:,-5- 7 -3 2- F 2. / S The folio ......___.._...__.. _ .�........ '_ _...........__......... ............................ ------ wm form may be _ �................. �...:..... ....... 8 y filled out and mailed to the City of Southlake Planning and Zo � ss10 667 North Carroll Avenue,Southlake Texas 76092. n REFERENCE NO.: ZA 98-156 I a in favor o (opposed to) undecided about) the request for the follow in'real nP:}+C� L y J SIGNATURE: (Please Print Name)_- C ftrlS I,� ►�};y, ADDRESS:_ ,F, c q P E Iq I2� P j2 PHONE: The folio ................._......_....__................_._...... _ ....� wing form may ...... .....__........'....................... _ ., .. ....,y ,_ y be filled out and mailed to the City of Southlake Planning and 28ning = ' 667 North Carroll Avenue,Southlake,Texas, 76092. < nm + ' REFERENCE NO.: -1-6 �— I am---(in favor o pposed to) (undecided about) the request for the following rea9oys=-= -- = SIGNATURE: (Please Print Name) A� i - 5 ADDRESS: ,'�(,� ,. ( C-L. PHONE: �� Thefolio .....................___...................................__............... .........�..... ----- wing form may be filled out and mailed to ""lak ,- ....nin _... ..............a... the City of Sou Planning and p�r'ng Comffiission, - 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: -1"6 I am in favor o (opposed to) (undecided about) the request for the following reasons - _ SIGNATURE:_ C 5{ IZ- (Please Print Name �z iS ADDRESS: PHONE:_ �____ The folio ._.._.................._............__....................._..... .� ormmay .....:....wing f ...._....._..................._...... ........---.............;=- .._.�....:.,.•. :., filled out and mailed to the City of Southlake Planning andf Com M is�io 667 North Carroll Avenue,Southlake,Texas, 76092. 1 � Ji1 REFERENCE NO.: i _1 6 k h I am :tin faavor ofy(opposed to) (undecided about) the request for the following rea3en:cE o_ -- SIGNATURE: (Please Print Name) �i� - / ��,� -✓ ADDRESS: %�� - f�/ .—s ;�, �� / PHONE: s _ .......___...................._... _ The folio ......._........................._._..._..........._........................�.--•---_.........�.�......:.... --..... wwg form may be filled out and mailed to the City of Southlake Planningifid ZocrmgrCoi�imis, on-- 667 North Carroll Avenue,Southlake,Texas, 76092. •' ' REFERENCE NO.: ZA L-JU6 _ lam in favor f) (opposed to) (undecided about) the request for the following reasons:_ - r�i� Flu'216 13Z 0 ro 77-/6 6F �— SIGNATURE: ;L ��✓V � �2- ,!i (Please Print Name) �,(_C(� `� ��r 0 V ADDRESS: �Jit- T S L r PHONE: ............. The followin ............................................._. _...... ...... - form ma ----- -................................. w. �....,._ :. 8 y filled out and mailed to the City of Southlake,Planning and iftaC ission, 667 North Carroll Avenue,Southlake,Texas, 76092. REFERENCE NO.: A - 6 -' �+— I am 'n favor of) pposed to) (undecided about) the request for the following Feasons - ---------- SIGNATURE: IzzJ, / (Please Print Name) "5"'9�9 Q V /'�2 ADDRESS:_ O PHONE: ...............__..............._............---...................-----.................................................. The following form may be filled out and mailed to the City of Southlake,Planning anal; - * 667 North Carroll Avenue, Southlake, Texas, 76092. Ii�ion� REFERENCE NO.: ZA -�56 I am-'(in favor of .,:(Opposed to) (undecided about) the request for the following ;!easpns: _ - - - SIGNATL`RE: (Please Print Name)— PHONE: _ ........_............... _ The folio ;_......._..._.._. ............' ._.. wing form may ................................••-k-e,--.-..._.n-in-g........,...................... filled out and mailed to the City of Southlake,Planning ai� omamiss�q}�, (^ 667 North Carroll Avenue South-lake,Texas 76092. REFERENCE NO.: ZA 9 -156 I am' (in favor of) (opposed to) (undecided about) the request for the foiiowin-real SIGNATURE: (Please Print Name) �;��' �- ! ; , c >° ,i f DRESS:— - ,��i ��,.�,-74' PHONE: �. � / r _ i ..........................----.................................... _..........---......_.................................._---......�....................... The following .........:... - form may be filled out and mailed to the City of Southlake Planning and'Zdning Commissim 667 North Carroll Avenue, Southlake,Texas, 76092. REFS O.. ZA 156 I am in favor o � / opposed to) (undecided about) the request for the following�easuns;._ SIGNATURE: (Please Print Name) ADDRESS: t-' PHONE: .................................................. - _.....__............ The followin _. - g form may be tilled out and mailed to..lie City of Southlake,Planning and Zbtrhag Commission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFEI E;, EyCL; A I am (in favor of) (opposed to) (undecided about) the request for the following reasons:_—` SIGNATURE: � ,? i� / mot/✓�—rj�.. �--��L (Please Print Name) 75 iz L i ADDRESS: PHONE: '�) G / ............._...._.......__..................._........__....._.. - - Thefollowing .................---.............---....................................................--,.... g form may be filled out and mailed to the City of Southlake,Planning and Zdnidg cbmm issu - 667 North Carroll Avenue, Southlake,Texas, 76092. `< i REFERENCE NO.: ZA -1 "6 + \� l am `(in favor oil' (opposed to) (undecided about) the request for the fcllowinQ'eaLSasc= SIGNATURE: (Please Print Name) '�.�{� ADDRESS: ! '.��`� i� iL( /k, PHONE: The folio w....._.._......................._..._.. . .....� wing form may be filled out and mailed to the City of Southlake,Planning aria L—' g onmCommission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: -l 6 I am (in favor of)�opposed to� cided about) the request for the following reasQe&:_ fSIGNATURE: (Please Print Name) yt ADDRESS: i PHONE: �— C�& / 7�, 5l ........ —,, - - - - Tnefolio ................._.............__............._._._.._.. ._ lowing form maybe filled out and mailed . ........ ................_.................. ......................_... ...... _.:. the City of Southlake,Planning and Zonin mmtsston, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA 9 -U§ I am (in favor o fl(opposed to) (undecided about) the request for the w' e q following r„asons:------- -------------- -- SIGNATURE •___7 (P!ease Print Name) J(! `/ s .ir ADDRESS:_ PHONE: ....................._............. The following ._........................_............................. .�. ....�... _..._ - - form ma be _................ .........�.............................. ._...... g y filled out and mailed to the City of Southlake Planning and Zc{nmg Commiis.qon, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: A - 6 I am in favor ( of) (opposed to) (undecided about) the request for the following reasons; SIGNA (Please Print Name) ADDRESS: f � _ J PHONE: - _5 7 ,Y ................_......_.._.......... -The folio __....... _................_ ...... ... ............................................................ 1 t...A •^ i ,...:_..wing form may be filled out and mailed to the City of Southlake,Planning an 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA I am (in fa (opposed to) (undecided about) the request for the folIowinQ reasons: SIGNATURE: y (Please Print Name) ADDRESS: x PHONE: ,E / '��-�� — ��✓ ;y ................_..........._...................-- - The following form may be filled out and mailed to the City of Southlake Planning and o*.*+c oiAmi slg� 667 North Carroll Avenue, Southlake,Texas,76092. < REFERENCE NO.. ZA 98-156 _ i I am (in favor of) (opposed to) (undecided about) the request for the following re4soi7s: -- -- SIGNATURE: (Please Print Name) ADDRESS: r PHONE: .........................._............................................................___............................................................................. ...........�:........ -'- The following form may be filled out and mailed to the City of Southlake,Plannin.g and Zoning 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: A - 56 I arrL- (in favor o(opposed to) (undecided about) the request for the following reasons: SIGNATURE: (Please Print Name) n _ ADDRESS: i eq i CI\"IcCo PHONE: 4- Thefolio .........- .............__................._.__.. ,'owing form may be ........................................................................._...__....._..._ ...._..._ g y filled out and mailed to the City of Southlake,Planning and�oni�g Comitc;Qn _ ' 667 North Carroll Avenue,Southlake,Texas, 76092. ' REFERE;V"CE NO.: A -1 6 - -- ' I am (in favor of) opposed to) (undecided about) the request for the following reasons,,^ 77 r SIGN TURF _:�, (' i U ✓r / ! r� (Please Print Name) ADDRESS:_ r r. PHON-E: — �� i' -7 .._ .._....... The follo __....... _............... .........� ..... win form may be _..............._ ....... ...........................—.::..........: .......... g y filled out and mailed to the City of Southlake Planning and Zoning Commission 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.. ZA 98_1(w I am m favor (o ose to undecided about the request for the following reasons l - `---Z,' �, i�-C %l SIGNATURE: tr:(.J1 (Please Print Name) �i t r //' C)� r ADDRESS: �L PHONE: p4' L,"CT n lei ................_........-_------...._......----_........._..__--.- The folio ........__................................•---..............'... �� ,.... - .:....._.:....� - wnng form may be filled out and mailed to the City of Southlake Planning and Zoning Commission - 667 North Carroll Avenue, Southlake, Texas, 76092. REFERENCE NO.: A _ "6 :r R am (in favor of) (opposed to) (undecided about) the request for the following reasons; = SIGNATURE: (Please Print Name) ADDRESS: PHONE: ............._._......._.._._..............__.... Thefollowing .__....._....................._.......................... ..... ........_.._..-- wtng form maybe filled out and mailed to the City of Southlake,Planning and�nmgComm�ission,. 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZAIL 6 ; I;amm fa o( f) (o posed to) (undecided about) the request for the following reasgns:-- v 1 SIGNATURE: r i (Please Print Name) Fzr ) Ll oil ADDRESS: I✓ ? PHONE: _ ...... .............._. The followin __............... ................_._............ ..._.. form may be .......................�......................__..... _... .. 1 g filled out and mailed to the City of Southiake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: A -L5 6 _ I am (in f�) (opposed to) (undecided about) the request for the following reasons: �� + i�...!.t.->•c, .i L!�..� J��' "� _"tom-t ��.�. SIGNATURE: (Please Print Name) �` j'/ r ��1? /' ✓�, ,/ ADDRESS: PHONE: ................_........_.._._...._..........._......._............................._............_................. - The following form may be filled out and mailed to the City of Southlake Planning and Zang 667 North Carroll Avenue, Southlake, Texas, 76092. REFERENCE NO.: ZA -156 — -- I am , m f� avor o `��: (opposed to) (undecided about) the request for the following reasons.— SIGNATURE: _ -- � " •�- � - /ram—�=i-=✓ �� \ � (Please Print Name) ADDRESS: / J PHONE: <'' I ............. ..._._............._...................................._............................. ....'..................... The following form may be filled out and mailed to the City of Southlake .. ,,,,,..,.,..............,..�,.. — Planning aitKTZoning Commission, 667 North Carroll Avenue, Southlake,Texas, 76092. t REFERENCE NO.: ZA 98-156 I am'in favor o a ',� (opposed to) (undecided about) the request for the following r�a�9ps: n s\ SIGNATURE: (Please Print Name) ADDRESS:_ PHONE: ........................__...................................----................._._._.............................................................................. Zhe following form may be filled out and mailed to the City of Southlake.Planning and Zo . o®aintsst 667 North Carroll Avenue, Southlake, Texas, 76092. J i 1 . I REFERENCE NO.: ZA 93-1 56 I am ( favor of) (opposed to) (undecided about) the request for the following reasons: 'N J �)^� iL�.�Y(J�/ �.�Z�-�.if,G��i1� /�, �� 'L�--1/.-�' /-�i�t✓ Llii� �� ._. SIGNATURE: (Please Print Name) 5 5 ;e C. cc i i ADDRESS: J >✓ a.' fJEClu;2 C r -`JJ Fur"�11 l / 7LrG 2 PHONE: ................_........._.........................................................._.............The following form may be filled out and mailed to the City of Southlake,Planning and-Zoning Commission, . 667 North Carroll Avenue, Southlake,Texas, 76092. _ REFERENCE NO.: ZA 98-156 I am (in favor of) ',(opposed to) (undecided about) the request for the following re SIGNATURE:_ (Please Print Name) of ,, ✓�r ;� , ADDRESS: /' % PHONE: ................_.......-.._-._..._..................---........._............._-.-_-_ Thefolio ...........................................................................•--......... ........------- wing form may be filled out and mailed to the City of Southlake,Planning and Zoning Comrftission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: ZA 98-156 I am innffavo (opposed to) (undecided about) the request for the following reasons: --i.? I S _J�.�,_C S t"`� •nr7�(,./��:�.: �,::.�[:�� tZ✓ 7'---,1 r2 "i�..�.�.c� 7"t'�-�� C_.a� �z- c�.0 SIGNATURE: "f (Please Print Name) ADDRESS: PHONE: JZ ��%( ,��-� ti.;l Gi :� ""-�-'"lz� .� l"Z� ,��<<4.- � d��r�� ✓art-��-�.� .................................................................._... The followin .............�..._............_....................................................... .............��,,.. ..... g form may be filled out and mailed to the City of Southlake,Planning and Zang Commission, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: A - "6 I ani in favorof> (opposed to (undecided about) the request for the following reaso SIGNAM (Please Print Name� �t�� ADDRESS: Lil L PHONE:__ f�1— CI .........................._........................._................................. e following form may be filled out and mailed to the City of Southlake,Planning and Zolung,.Commission,667 North Carroll Avenue, Southlake, Texas, 76092. - REtEREENi CE NO.: ZA 93-156 I am '(infavor of) (opposed to) (undecided about) the request for the following reasons; L'v vl,L L-c` CA _ 1 SIGNATURE: (Please Print Name) \ >O C:� f.,, c s C ADDRESS:-5- PHONE: ", ................._.........__............................. The following form may be filled out and mailed to the City of Soutlllake,Planning and honing Commission, 667 North Carroll Avenue, Southlake, Texas, 76092. — REFERENCE NO.: 1 am('(In favor ot) (opposed to) (undecided about) the request for the following'reas©ns:. 'a�-- SIGNATURE: (Please Print Name) ADDRESS: 4- ! 1 � PHONE: ...............................................--- e following form maybe filled out and mailed to the City of Scuthlake,Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas, 7609". --- REFERENCE NO.: I am in favor --( of) '(opposed to) (undecided about) the request for the following reasons: SIGNATURE:_ 4 (Please Print Name) ADDRESS: PHONE: /' 7 21 ................__....___.............._....._.................................__................. ............................................................. The following form may be filled out and mailed to the City of Southlake,Planning and Zoni Coqlmiis,sim, 667 North Carroll Avenue, Southlake,Texas, 76092. REFERENCE NO.: A -1 6 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: '— SIGNATURE: (Please Print Name)�� i ADDRESS:_ ?`,(J -eta r" f� PHONE: 1-t 7 - Lsr ....................................................._..............._.. ....... - --The followingform may _ ............................ ............ ............................... �....^... ..... y filled out and mailed to the City of Southlake Planning and Zoft.. C�issaon: _ 667 North Carroll Avenue, Southlake, Texas, 76092. 1 (�U - REFERENCE NO.: - A -1 6 .. I I ant (in favor of), (opposed to) (undecided about) the request for the following reasbns3=='` _ -Z4 - SIGNATURE: iL (Please Print Name) 1'.(,'�iZ ADDRESS: PHONE: ................._......._.._.............._... _..... _............ ......... _.......................... --...........� g y e ollowin form may be filled out and mailed to the City of Southlake Planning and Zoiii�C6m�isstenS; !^ 667 North Carroll Avenue Southlake Texas 76092. REFERENCE NO.: A -1"6 I am Qin favor (opposed to) (undecided about) the requgt for the following reasons_:= P SIGNATURE: (Please Print N e) ADDRESS: f�Gq ��J Qua Y - ✓�— PHONE: __._..._.__............. .............................................._........... .'. The following form may be filled out and mailed to the Cityof Southlake Plannin and Zo ' �' gn Comnrissron, 667 North Carroll Avenue, Southlake, Texas, 76092. RErERENCE NO.: Z A , -1 6 -_ I anz (in favor of (opposed to) (undecided about) the request for the following reaspns;,Fr;-- ..= SIGNATURE: (Please Print Name)_l''I//< L" h S 9 ADDRESS: � J �' Uri J 9 .. 't " ' d PHONE Thefolio ...._........_.........-�..�..�.... __.. .............._..._................_........._. mng form maybe filled out and mailed to the City of Southlake,Planning and g or�nt�siqn, 667 North Carroll Avenue Southlake Texas, 76092. D l� L� U U l5 REFERENCE NO.: JAN 519':,q I am �!avDoro (opposed to) (undecided about) the request for the following re on : OFFICE OF CITY SECRETARY 1 - SIGNATURE: (Please Print Name) ADDRESS: &0 �'�/�/�16�G1 -�^,e/C PHONE:_ The followin ....._........-----------_......_._.�._.._................... ....��. _ .... ---�g form may be filled out and mailed to the C' of Southlake Planning a 667 North Carroll Avenue, Southlake,Texas,76092. REFERENCE NO.: ZA 21 6 lam in vf� or o nF C!ri SECRETARY ( f) (opposed to) (undecided about) the request for the following reason - SIGNATURE: (Please Print Name) ADDRESS: GJ PHONE:_ -ZI-Z D Sr — 1 -V- � �' ............ _.. _...... ..._... _ .. ........... . ..... e followmg form may be filled out and mailed to the City of Southlake,Planning and Z 667 North Carroll Avenue,Southlake,Texas,76092. D REFERENCE NO.: ZA 98-156 A N I r1 r9 jM I am 6 fa;;Z(opposed to) (undecided about) the request for the following reasons Fd 1 FFICF OF CITY SECRETARY • Q $ SIGNA (Please Print Name) • 13 ADDRESS: )w o hi a e w PHONE: rYI �I ` 7 7 31 e following form maybe filled out and mailed to the City of Southlake Planning and" lrni lg CoTni'gp,M N 667 North Carroll Avenue,Southlake Texas 76092. U U REFERENCE NO.: ZA 98-156 JA.N ► 5 egg I am (in favor of) (opposed to) (undecided about) the request for the following re on . _ OFFICE OF CITY SECRETARY 7- SIGNATURE: (Please Print Name) ) ADDRESS:_ c9cr)lO r ./jn PHONE: I 1 3 The following form may be filled out and mailed to the City of Southlake,Planning and g n 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 JAN 7 �... I am =favor (opposed to) (undecided about) the request for the following re 01�FICE OF CITY SECRETARY SIGNATURE: �(Please Print Print Name) US G A14e t,,/ -{-a vi ADDRESS: /v 0 i[cX1� �� '�yo PHONE: �I �/ V 3 1 ............... _ _._._ �.._._....... .. � The following form may be filled out and mailed to the City of Southlake,.Planning an ' g Lmmt9on n F (? 667 North Carroll Avenue,SoutWake,Texas, 76092. I' REFERENCE NO.: ZA 98-j I am in f or o (opposed to) (undecided about) the request for the following aVSr-E OF CITY SECRETARY C'Z7 - v SIGNATURE: _ . (Please Print Name) 0. ADDRESS: O Cc). C -r. 1 (Gt_ ) u� S !'Q 0 _ PHONE:_ The following form may be filled out and mailed to the C' of S��' ...�.�� rtY udd&e,Planning and mmisston, 667 North Carroll Avenue,Southlake,Texas,76092. JAN ! 5199.9 REFERENC O.: ZA 98-156 OFFICE OF CITY SECRETARY I (in favor o0 (opposed to) (undecided about) the request for the following rPasoas 4-�&Igar x l as c Claw a SIGNA (Please Print Name) ADDRESS: PHONE: 42 /Z�,,ji ............ _.'......__' City _ The following form may be filled out and mailed to the C' of Southlake,Planningand Zo b rJ7 667 North Carroll Avenue Southlake Texas 76092. D�CSm� U REFERENCE NO.: ZA 98-156 JAN 1 7 KE I am qj favor (opposed to) (undecided about) the request for the following re In FFICE OF CITY SECRETAR`r i� /- _ � � 4/1 i/p(,tN�w I-e,'C4 n.t- /11 7,/i�( 1 / i L! GrG�'4-3 i ! C�/ L-t�t� 'Y` 'I(Y .S I/I�.u��CY` fCN.t[!L 1"'O ✓ZZM(/� i�l �'"�3��iQ'Y� SIGNATURE: (Please Print Name) �c%�-mot/ �/Lp•r/� ADDRESS: /c)-D W Ssu -/, PHONE: 517` M hw✓t ✓�� 6?n1 /a 1taw►� cf �4s,�rstcs s�oro3, /'��2s V,-dI OS� C'tc.} L✓itrtrl huvN/ Cl03cr/ sF wi ' �toft 1'afc 'jr- m.c7N yAs, Cn,3s J 4"1 ft�/ ill y�t e Ge yr k7 - C, 4� �C� �/►lulK' 40 7-0 �Lu✓� G f"trtK �o�wYIJ G 4z%*, 1-1-eta I~P f-q I, C-C.'N h-�/' i� � U"� / q h 27e -�Z 7 v r S uIY`Jtl, j I'�P3!tlhi r:-T � i3 /7'1 �fl /J�:c r�-y`S �j�3 r' ��1 f-c,�c�s� �-o cf/l�r�;�e v✓�tc�;.�,�-,�' Zee ij c.kq.'tii c'S U rt .............-- _.._ _. _... ...I ............_----------_............... e following form may be filled out and mailed to the City of Southlake,Planning and Z mP}isslo% 667 North Carroll Avenue,Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 I a(favor of) posed to) (undecided about) the reas ns:request for the following U � a OFFICE OF CITY SECRETARY SIGNA (� (Please Print Name) Y � ADDRESS:_ PHONE: ��j .._........ r __......._. . .,... .. _ The following form may be filled out and marled to the City of Southlake,Planning and 61m Icin 667 North Carroll Avenue, Southlake,Texas,76092. REFERENCE NO.: ZA 98-156 I,arh (n favor o (opposed to) (undecided about) the request for the following reasot&..FICE OF CITY SECRETARY SIGNATURE: (Please Print Name) �1��<�� ° c� •`�"1` ADDRESS:_ PHONE: ��1 4 2 i City of Southlake, Texas 1 MEMORANDUM January 19, 1999 To: Curtis E. Hawk From: Sandy LeGrand, City Secretary Subject: Open Records Requests Report for December Reporting Period: 12/10/98— 1/13/99 Total new requests received 48 Processed, responded to and closed 50 (Includes closing the 2 "pending" from previous report) i Current Pending 0 In summary, of the 48 new requests, two were from council members, one from our city attorney's office, five from the media, seven from other cities and 33 from citizens/general public. If you have any questions regarding the status of any of these or other questions, please contact me. c Attachment: 48 Open Records Requests .is\WP-FILES\1MEMOS\Openrecrprt.doc izCity of Southlake REQUEST FOR INFORMATION Q From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: TY_11r (Please Print) Date of Itequest Address: °,n15L2) Teleph e _Q_ Q�n o INFORNLATION REQUESTED: b \ cv� LL o Vq— Si ature of Applicant Pl se return this completed form to the City Se tary's Office, 1725 E. Southlake Boulevard, Southlake, Tex 76092, or fax to (817) 329-1747 for p essing of your request. - ----� City Use Sandra L. LeGrand, City Secretary I Delivered `` e e� fit-o Fee: c.• Rhs\ 1— City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 j FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY i The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, j confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 12/11/98 9:21 AM DELIVER TO: Mr. Lawrence Hopkins, Supervisor of Animal Control City of Grapevine FAX NUMBER: 410-3057 REFERENCE: City of Southlake Agreement with City of Grapevine for Animal Control i MESSAGE: Attached is(agreement you requested. Please call me if we can be of help again. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 i NUMBER OF PAGES INCLUDING COVER PAGE: i i i `J City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY i The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. i DATE/TIME: 12/11/98 10:35 AM DELIVER TO: Ann cQ Cheatham and Associates FA x t`z-�> I FAX NUMBER: 265-8532 i REFERENCE: Lists of Council and P&Z Members i i MESSAGE: Have a great weekend, Ann! SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 i NUMBER OF PAGES INCLUDING COVER PAGE: 3 CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 12/11/98 1:22 PM DELIVER TO: Christina Fuller, Solana Club G FAX NUMBER: 817/430-8244 REFERENCE: City of Southlake Homeowner's Association List MESSAGE: Attached is the list you requested. I hope you find it helpful. If we can be of further assistance please feel free to call. SENT BY: Matt Denton, Office of City Secretary (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: 5 f City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 i • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the I individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have j received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. I ' t � i DATE/TIME: 12/14/98 3:15 PM DELIVER TO: Kay @ Cooper and Stebbins FAX NUMBER: 251-8717 / a� REFERENCE: Employee Phone List i MESSAGE: Thank you. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: 2 I I City of SoutWake REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: (Please Pri ) Date ot Req est Address: Telephone INFORMATION REQUESTED: o Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary 4�5e-livered Fee' CAWPFILMOTYSECUNFORMATTRM i , City of Southlake REQUEST FOR INFORMATION From the Office of CitvJ SecretaryJ I hcreb, request the follow- ing information from the Office of City Secretary of the Cite of Southlake, Texas. I understand that the information v,-ill be provided under the Texas Open Records .Act. and that a fee may be charged for the information. i Request Made Bv: (Please Print) Date of Request Address: Telephone I`FOR-`IATIO` REQUESTED: Signature OVApplicant Please ret:_,. this completed for rz, :o the City Secretary's Office. 1 41, E. Southlake Boulevard. Southlake, Texas 76092. for processing of your request. City Use Sandra L. LeGrand, City Secretary 4�a e D livered Q i Fee: — j City of Southlake REQUEST FOR INFORMATION Q From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: O ��Q—r (Please RA no G y o C� n c�R p� Date o Requ st Address: �.O , l ��,c `� \ ` \C5 to O Telep ne INFORMATION REQUESTED: a a' C Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary ,.k �A V� C�c", ate elivered Fee' CAWPFILESTI YSECUNFORMAT.MM O` CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES 1725 EAST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 OFFICE OF THE CITY SECRETARY PHONE (817) 481-5581 EXTENSION 704 FAX (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY kv, The information is this facsimile message is confidential and is intended onl or the use o the individual or entity f 8 .h Y f f to which it is addressed. It may contain information that is privileged confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE: 12/16/98 10:28 AM DELIVER TO: Sherry, Harley Davidson of Dallas FAX NUMBER: 972/271-5128 REFERENCE: City of Southlake Insurance Coverage MESSAGE: Sherry, as requested, attached is the Declaration of Coverage for the City of Southlake vehicle insurance. If this is not what you need, please give me a call. Thanks, Sandy 817/481-5581 ext.704. SENT BY: Sandy LeGrand, City Secretary NUMBER OF PAGES INCLUDING COVER PAGE: 3 City of Southlake REQUEST FOR INFORMATION 11!1 From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: �j�p cb (Pl se Print) Date o Requ st Address: a%�_ Telepho INFORINIATION REQUESTED: o D • ` � s �S \ r), -�, c a ,\e aS re of Applicant Please return th Ece, 1725 E. Southlake Boulevard, Southlake, Texas 76092, o Lo ' Lr request. Sandra L. LeG) Mk ' q cp to live ed `J Fee: CAWFiLESNOTYSECUNFORMATTRIM CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES 1725 EAST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 OFFICE OF THE CITY SECRETARY PHONE (817) 481-5581 EXTENSION 704 FAX (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information is this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE: 12/16/98 12:12 PM DELIVER TO: Bill Schopper, Appraiser FAX NUMBER: 314-0709 REFERENCE: Annexation of Tiffany Acres (Michael Drive) MESSAGE: Bill, attached is Ordinance No. 380, annexation of Tiffany Acres (Michael Drive) and the Service Plan as we discussed. If more information is needed, please give me a call. Have a great day! Sandy SENT BY: Sandy LeGrand, City Secretary NUMBER OF PAGES INCLUDING COVER PAGE: 13 Linda Carpenter :j'e Kevin Hugman Friday, October 30, 1998 10:17 AM Linda Carpenter ct: RE: Request for copy of Metricom franchise agreement I will be eternally grateful (or at least until you forget, whichever is shorter!!). ---Original Message— From: Linda Carpenter Sent: Thursday,October 29, 1998 3:55 PM To: Kevin Hugman Subject: RE: Request for copy of Metricom franchise agreement I think we can handle that and I'll do it for FREE this time! Ic --Original Message— From: Kevin Hugman Sent: Thursday,October 29, 1998 2:17 PM To: Linda Carpenter;Sandra LeGrand Cc: Shana Yelverton Subject: Request for copy of Metricom franchise agreement Can you send a copy of Metricom franchise agreement to Mindy Hurley at City of Lewisville: Mindy Hurley City Manager's Office PO Box 299002 Lewisville, Texas 75029 FAX: 972 219-3417 tel: (972) 219-3417 Thanks City of Southlake, Texas i i CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 i Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 12/17/98 9:36 AM i DELIVER TO: Mary Voirin with Kwik Industries i FAX NUMBER: 972 458-0948 I i REFERENCE: Planning & Zoning Agenda MESSAGE: Attached is agenda you requested. I hope this is helpful and please call me if we can be of help again. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: b4(o i City of Southlake, Texas 9L CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone (817) 481-5581 ext. 703 Fax (817) 329-1747 i FAX TRANSMITTAL SHEET i NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged. confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange I for the return of the original documents. I DATE/TIME: 12/17/98 10:09 AM , i DELIVER TO: Judy Vest I FAX NUMBER: 421-5656 i REFERENCE: Minutes from December 1, 1998 Council Meeting MESSAGE: 1 apologize for the delay. I SENT BY: Matthew D. Denton, Office of the City Secretary (817) 481-5581, ext. 708 NUMBER OF PAGES INCLUDING COVER PAGE: 25 I I I I� SENT BY: Matthew D. Denton, Office of the City Secretary (817) 481-5581, ext. 708 City of Southlake Q . 12 REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: 0 (Please Print) Date of Request Address: a4i(� A6&) 01"AJ� Telephone INFOR:NIATION REQUESTED: 4AI"4112.4.z kOl V90 - 4�,e 70 Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use 4� Sandr i a L. LeGrand, City Secretary C to elivered Fee: C A W PFILEST rrYS ECUNFORMAT.FRM City of Southlake , REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: ]�l✓(rQy,�1 -72-/ (Please Print) Date of Request Address: WC Sig_ qg'_ Telephone I INFORMATION REQUESTED: �l ,n Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake. Texas 509- or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary I4i vere �G Fee: — J' CAWPFR.ESTITYSECVNFORMAT FP-M City of Southlake REQUEST FOR INFORMATION Ut Q From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: (Please Print) Date of eque Address: � L�IN �b�b Telephone INFORMATION REQUESTED: 0 VL Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra . eGrand, City Secretary OLIIIIIIIIIII�elivere Fee. C:\W PFILESICITYS ECUNFO RMAT.FRM CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone (817) 481-5581 ext. 703 Fax (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 01/04/99 11:45 AM DELIVER TO: Mary, Kiwi Industries • FAX NUMBER: 2972/458-0948 REFERENCE: City Council Agenda MESSAGE: Call us if we can be of further assistance. Thank you. SENT BY: Matthew D. Denton, Office of the City Secretary (817) 481-5581, ext. 708 NUMBER OF PAGES INCLUDING COVER PAGE: 10 ° D CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone (817) 481-5581 ext. 703 Fax (817) 329-1747 p D FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 01/04/99 11:45 AM OLDELIVER TO: Ernesto FAX NUMBER: 214/552-4380 REFERENCE: City Council Agenda MESSAGE: ZA 09-147 is Agenda Item 8B, and ZA 130 is Agenda Item 8A. Call us if we can be of further assistance. Thank you. SENT BY: Matthew D. Denton, Office of the City Secretary (817) 481-5581, ext. 708 NUMBER OF PAGES INCLUDING COVER PAGE: 10 OL City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET i NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure tinder applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 1/5/99 3:12 PM DELIVER TO: Ms. Pam Chandler, Property Manager @ Timarron i FAX NUMBER: 817 488-9373 REFERENCE: Ordinance Regulating Placement of Garbage Containers MESSAGE: Attached is a copy of Ordinance 337, which I referred to during our phone conversation. See Section Three, part (d) regarding the timing of the placement of the containers. If you need any further help, please don't hesitate to call me. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: 8 i e City of Southlake, Texas CITY OF SOUTHLAKE 7 1 25 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone# (817) 481-5581 ext. 703 j Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. i I DATE/TIME: 1/5/99 7:18 PM i DELIVER TO: Mr. Bob McDonald @ Frontier Realty 488-9558 REFERENCE: Your request for information pertaining to: 1. West Beach properties recording information 2. Utility Easement from GTE MESSAGE: 1.) Bob, I went through our files and filled in the "recording" info on i some of the lots you showed on your list. However, I see now that I do not have anything on many of the lots. As I receive the info, I will be happy to update your list. i 2.) Sandy had just received the GTE easement, so it is on my desk. Let me know if you want me to hand it off to Bob Whitehead or hold it for you to pick up. Call me if I can be of further help. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, exit. 703 i City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone# (817) 481-5581 ext. 703i; i � Fax# (817) 329-1747 i i FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 1/5/99 6:34 PM i DELIVER TO: Mindy, Code Enforcement Department i i City of Bedford 2000 Forest Ridge Drive i Bedford, Tx 76021 REFERENCE: Request for a copy of the City of Southlake's Sign Ordinance MESSAGE: Attached is a copy of Ordinance 704-A, the city's most recently adopted i sign regulation ordinance. If you have specific questions concerning any j aspect of the ordinance, please feel free to contact Stefanie Sarakaitis, Planner, at 817/481-5581, extension 753, or if I can be of further i assistance, please call. SENT BY: Linda Carpenter, Secretary,tart', Office of City Secretary (817) 481-5581, ext. 703 CC: Stefanie Sarakaitis - FYI I I City of Southlake, Texas FA -M �w CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 1/6/99 10:28 AM DELIVER TO: Mr. David Lieber, FORT WORTH STAR TELEGRAM FAX NUMBER: 817 577-1141 rAk �i REFERENCE: Request for an "Open Records Request" Form MESSAGE: Please complete the attached form and return to our offices for processing. If you have any questions, please call me. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: 2 i I J"+h-17b-7'y WtL 1b :4l9 LHVt LL tt}SK 817 577 1141 1 City of Southlake Rici, QUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: ILA- (Please Date of Rq 4 uest Address: M_ y 5Z) Telephone 1 rNFOWNIATION REQUESTED: rt\o vv,�t OL Signan:re of Applicant — Please return this completed (brm to the Cily Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or liix to (817) 449"r'W"for processing of your request. City C/se S'onfrct L l,cUrand 01" -SecMary Dar �� '' °SS1 C`.WPFILES\CI rycF.C�MTORMa'f FRM i -� City of Southlake REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: C� ��2 (Please Print) bate f Request Address: (2� Z—% k��C�,PS Telephone INFORivIATION REQUESTED: Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, for processing of your request. City Use Sandra L. LeGrand, City Secretary a elive ed Fee: Linda Carpenter OcIct: Judith Dixon Request for the current P&R catalog Hi Judy! Could you please send a new P&R catalog to: Chris Colquitt 3120 Penensula Drive Southlake, Texas 76092 And, could you please send me a new one as well? Appreciate it. Ic o CITY OF SOUTHLAKE aADMINISTRATIVE OFFICES 1725 EAST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 OFFICE OF THE CITY SECRETARY PHONE (817) 481-5581 EXTENSION 704 FAX (817) 329-5810 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY (b� The information is thi a imil f s f cs e message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE: 1/6/99 4:15 PM DELIVER TO: Grapevine Sun, Raymon Fullerton FAX NUMBER: 488-5339 REFERENCE: Request for Information MESSAGE: Raymon, attached is a copy of Ordinance No. 730, A portion of North White Chapel Boulevard, adjacent to Carroll Jr. High School, as a designated school zone. The ordinance has not been signed as of this time, but will be effective on January 9, after publication in the Fort Worth Star Telegram (*209ENT BY: Sandy LeGrand, City Secretary `J City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 1/7/99 10:48 AM 4LDELIVER TO: Ms. Marisa Taylor, FORT WORTH STAR TELEGRAM FAX NUMBER: 817 685-3883 REFERENCE: Calendar of Events for City of Southlake MESSAGE: Hi --- hope you had a good vacation! Here's the calendar I promised. I Call if I can be of further help. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: 2 j i i i I i City of Southlake, Texas i I CITY OF SOUTHLAKE 1725 E. Southlake Blvd. { Southlake, Texas 76092 Office of the City Secretary • Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET D NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. i DATE/TIME: 1/7/99 10:40 AM / DELIVER TO: Ms. Kelly Gormley, HOMETOWN STAR ( (,//e iL IL AX NUMBER: 817 416-0363 I REFERENCE: Request for a copy of the provision in the Charter allowing for the jestablishment of school zones. MESSAGE: Kelly, I checked the Charter and also with Sandy about your request, and the Charter does not contain language concerning school zones. However, the City's CODE does. Chapter 18, Article III, Section 18-80 and Section 18-81 addresses school zones and the establishment I procedures. I have included copies of the CODE information as well as a copy of the City's most recently adopted ordinance (notice it was approved by Council 7-0 vote 1/5/99, but has not yet been signed), No. 730, which will be effective on January 9, 1999, establishing a school zone speed on a portion of North White Chapel Boulevard, adjacent to Carroll Junior High School. I If you have any questions regarding speed limits provisions, as outlined in the CODE, please contact the City's Department of Public Safety City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. {- Southlake, Texas 76092 Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-5810 TRANSMITTAL SHEET DATE/TLN E: 1/7/99 12:53 PM DELIVER TO: Mr. Jim Long City of Watauga 6528 Moonglow Lane Watauga, Texas 76148 REFERENCE: Request for City Ordinances Pertaining to the Park & Recreation Board and the Southlake Parks Development Corporation (SPDC) MESSAGE: The following ordinances are attached as requested: 1. Ordinance No. 646-A, the most recently adopted ordinance establishing the Parks and Recreation Board, number of members, terms, and responsibilities. 2. Ordinance No. 597, creating the SPDC and including the Articles of Incorporation. 3. Ordinance No. 599, levying sales and use tax for the SPDC. If you have any questions regarding the Parks and Recreation Board, please contact Kevin Hugman, Director of Community Services at 481-5581, ext. 757. For specific questions about the SPDC, contact either Assistant City Manager Shana Yelverton (481-5581, ext. 705) or Director of Finance Lou Ann Heath (481-5581, ext. 716). Feel free to call me again if you need additional information. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 CC: Shana Yelverton - FYI Lou Ann Heath - FYI Kevin Hugman'1 FYI City of Southlake REQUEST FOR INFORMATION I From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: 7 .W t'�QC- ` (Please Print La� ckc� Date of Request Address: '0 � A ri t`S%_ Tel hone l 1 INFOWAkTION REQUESTED: c Cam. ar c' Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092. or fax to (817)3?i}-}��o processing of your request. City Use Sandra L. LeGrand, City Secretary vered 1 - Fee. C A WPFILESTITYSECUNFORMAT.FRM City of Southlake Q - REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: 0.Lk-o.(Z,A J (Please Print) Date of Request Address: C)� _ ' q- Telephone INFORNIATION REQUESTED: ,John Siren Dyls N u po y I�. Signai4e of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary C' 6M ate livered Fee' CAWPHLESTITYSECUNFORMAT.FRM g8 'T.UE M CLINTSMAN 913 897 1170 P. 01 City of Southlake REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: I-Z-p C l (2 2$-Q g (Please Prin) Date of Request Address: -1 C mt�,VS YYl2a ,� 'vls:.o.-� Telephone LNFOELNIATION REQUESTED: S_ Cool eT W7rIC �/'^�/]' �ro/r1 f! Jtt�ttY 1 1 Pill (e,v .+' r�,.... �.i„�e.r_ n(.L,✓s /LwlrodL� n, rt..,re�w+� 6.. So..�'�!_k.e A. Signature A Besot Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to(817)329-1747 for processing of your request. City Use Sandra L. .LeGranc:; City Secretary �A�\� �`�O'^, ��•�m . Mi kc.P- h� w rK •� l D Delivered C:\W"FLESCr YSEOXFORHATSR24 City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY D The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can j arrange for the return of the original documents. i DATE/TIME: 1/11/99 11:50 AM i DELIVER TO: Ms. Mary Whisnant Martin-Thompson Funeral Home FAX NUMBER: 817 481-4841 REFERENCE: Council Member List MESSAGE: Attached is the list your requested. Please call me if I can be of further help. SENT BY: Linda Carpenter, Secretary, Office of City Secretary j (817) 481-5581, ext. 703 NUMBER OF PAGES INCLUDING COVER PAGE: 2 i i i J City of Southlake, Texas CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 • Office of the City Secretary Phone# (817) 481-5581 ext. 703 Fax# (817) 329-1747 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY I The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. i DATE/TIME: 1/12/99 1:57 PM i DELIVER TO: Ms. Helena Kelly i FAX NUMBER: 817 485-2633 REFERENCE: City Council and P&Z members lists MESSAGE: Attached are the lists your requested. Please feel free to contact us if we can provide further assistance. SENT BY: Linda Carpenter, Secretary, Office of City Secretary (817) 481-5581, ext. 703 i I NUMBER OF PAGES INCLUDING COVER PAGE: 3 j I 1 kw CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES 1725 EAST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 OFFICE OF THE CITY SECRETARY - PHONE (817) 481-5581 EXTENSION 704 FAX (817) 329-5810 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY 4LThe information is this facsimile message is confidential and is intended onl or the use o the individual or entity Yf f , to which it is addressed. It may contain information that is privileged confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE: 1/13/99 9:10 AM DELIVER TO: Cameron McCartha FAX NUMBER: 214/630-7486 REFERENCE: Request for Information MESSAGE: Cameron, attached is the FY 98-99 Budget for the Parks and Recreation Department portion. I will contact you when the complete budget is available. If I can help in any way, please do not hesitate to give me a call. Sandy • SENT BY: Sandy LeGrand, City Secretary NUMBER OF PAGES INCLUDING COVER PAGE: 7 `J CITY OF SOUTHLAKE 1725 E. Southlake Blvd. Southlake, Texas 76092 Office of the City Secretary Phone (817) 481-5581 ext. 703 Fax (817) 329-1747 7 .9,91 FAX TRANSMITTAL SHEET NOTICE OF CONFIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please notify our office by telephone immediately so that we can arrange for the return of the original documents. DATE/TIME: 01/12/99 9:15 AM DELIVER TO: Laurie Brown, City of Bedford FAX NUMBER: 817/952-2454 REFERENCE: Ethics Ordinance MESSAGE: Call us if we can be of further assistance. Thank you. SENT BY: Matthew D. Denton, Office of the City Secretary (817) 481-5581,ext. 708 NUMBER OF PAGES INCLUDING COVER PAGE: 18 4+ctJ� 74' aRi' A_I... .. . i City of Southlake REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. i I i �,�/��G/� lellaz Z �� Request Made By: (Please Print) Date of Request Address: Telephone I ' INFORMATION REQUESTED: Dc � I i I--o 2 �A1117,E2 �G�l�� --Dt SCt,SS i o i i Signature of Applicant j I ' I Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, for processing of your request. i i City Use i Sandra L. LeGrand, City Secretary i i Dat elivered Fee: ,I City of Southlake REQUEST FOR INFORMATION Q From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. r Request Made By: M1 M 1. 141f 9 (Please Print) Dalk of Reque Address: 71-310-1911 x lb 9 Telephone 44 INFORMATION REQUESTED: Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary S ktel��e-d Fee' C:\WPFILES\CITYSECIINFORMAT.FRM City of Southlake Q - REQUEST FOR INFORMATION From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: �� k V�\ `ra qo\ (Please Print) Dat of R uest Address: 4. \ _ rJ��cb Telephone INFORMATION REQUESTED: Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary c �w elivered Fee: CAWPHLESTITYSECUNFORMAT.FRM City of Southlake REQUEST FOR INFORMATION Q From the Office of City Secretary I hereby request the following information from the Office of City Secretary of the City of Southlake, Texas. I understand that the information will be provided under the Texas Open Records Act, and that a fee may be charged for the information. Request Made By: p �;� 1 c� 1 13 Cl (Please Print) Date of Request' Address: Telephone INFORMATION REQUESTED: �° Signature of Applicant Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard, Southlake, Texas 76092, or fax to (817) 329-1747 for processing of your request. City Use Sandra L. LeGrand, City Secretary o4 n a �ed Fee' C:\WPFILES\CITYSEC\INFOR-kIAT.FR,\4 GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended December 31, 1998 with comparative actual amounts for the period ended December 31, 1997 (fiscal month 3-25.00%) Adopted Percent Actual Percent Month Year to Date 1998/99 Collected/ Year to Date Total Collected/ REVENUES 12/31/98 1998/99 Budget Expend 12/31/97 9/30/98 Expended Ad Valorem Taxes $1,982.090 $2,133,265 $6,463,540 33.0% $705,783 $3,970,964 17.8% Sales Tax 206,887 517,654 3,026,050 17.1% 430,828 2,521,965 17.1% Franchise Fees 61,102 512,830 984,112 52.1% 380,120 881,066 43.1% Fines 56,834 164,413 875,798 18.8% 166,663 665,815 25.0% Charges for Services 29,421 112,865 685,006 16.5% 92,485 549,702 16.8% Permits/Fees 142,526 442,486 2,742,788 16.1% 517,592 2,733,849 18.9% Miscellaneous 8,793 47,369 145,659 32.5% 17,945 259,757 6.9% Interest Income 0 20,151 190,000 10.6% 28,017 178,867 15.7% Total Revenues $2,487,653 $3,951,033 $15,112,953 26.1% $2,339,433 $11,761,985 19.9% EXPENDITURES City Secretary $28,926 $61,827 $301,173 20.5% $53,875 $226,794 23.8% City Manager 38,030 84,832 351,003 24.2% 82,985 331,624 25.0% Support Services 163,300 392,754 2,526,534 15.5% 366,491 1,498,708 24.5% General Government Total 230,256 539,413 3,178.710 17.0% 503,351 2,057,126 24.5% Human Resources 17,672 47,662 209,600 22.7% 47,291 233,923 20.2% Human Resources Total 17,672 47,662 209,600 22.7% 47,291 233,923 20.2% Finance 52,981 114,293 454,166 25.2% 98,016 399,334 24.5% Municipal Court 32,087 77,096 304,770 25.3% 63,051 265,976 23.7% Municipal Court-Teen Court 5.437 35,546 92,633 38.4% 13,073 59,586 21.9% Finance Total 90,505 226,935 851,569 26.6% 174,140 724,896 24.0% Fire 188,229 391,847 1,857,825 21.1% 409,348 1,784,478 22.9% Police 326,617 748,567 3,418,246 21.9% 663,284 2,822,719 23.5% Public Safety Support 115,593 281,578 1,056,436 26.7% 225,694 1,004,557 22.5% ilding 126,200 215,397 692,896 31.1% 114,727 567,051 20.2% lic Safety Total 756,639 1,637,389 7,025,403 23.3% 1,413,053 6,178,805 22.9% eeets/Drainage 118,542 199,490 939,167 21.2% 137,346 820,722 16.7% Public Works Administration 83,797 163,204 803,729 20.3% 188,434 783,368 24.1% Public Works Total 202,339 362,694 1,742,896 20.8% 3259780 1,604,090 20.3% Community Development 59,744 138,483 531,480 26.1% 109,430 489,319 22.4% Economic Development 9,294 23,720 144,832 16.4% 23,893 116,773 20.5% Community Development Total 69,038 162,203 676,312 24.0% 133,323 606,092 22.0% Community Services 30,218 104,947 416,831 25.2% 103,112 338,731 30.4% Parks and Recreation 136,688 252,579 1,454,991 17.4% 244,388 1,154,334 21.2% Library Services 6,450 21,725 162,480 13.4% 0 0 //DIV/0! Community Services Total 173,356 379,251 2,034,302 18.6% 347,500 1,493,065 23.3% Total Expenditures $1,539,805 $3,355,547 $15,718,792 21.3% $2,944,438 $12,897,997 22.8% Excess(deficiency)of Revenue over Expenditures $947,848 $595,486 ($605,839) ($605,005) ($1,136,012) OTHER FINANCING SOURCES AND(USES) Proceeds from lease/CO(net) $0 $0 $694,300 $0 $715,547 Transfer In-Other Funds 65,461 196,382 1,235,527 174,999 700,000 Transfer To-Other Funds 0 0 (1,155,942) 0 (38,000) Total Other Sources/(Uses) $65,461 $196,382 $773,885 $174,999 $1,377,547 Excess(deficiency)of Revenues/other sources over Exp $1,013,309 $791,868 $168,046 ($430,006) $241,535 FUND BALANCE OCT 1 $2,839,137 $2,839,137 $2,597,602 Change in reserved fund balance $0 $0 $0 ENDING FUND BALANCE $3,631,005 $3,007,183 $2,839,137 fund balance percentage 19.1% 22.0% WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended December 31, 1998 and December 31, 1997 (fiscal month 3-25.00%) Adopted Percen Actual Percent Month Year to Date 1998/99 Collected/ Year to Date Total Collected/ REVENUES 12/31/98 1998/99 Budget Ex nded 12/31/97 9/30/98 Expended Water Sales-residential $319,371 $1,327,423 $5,220,000 25.4% $1,191,898 $6,053,989 19.7% Water Sales-commercial 82,990 227,063 805,500 28.2% 210,993 846,277 24.9% Sewer Sales 90,870 288,000 975,000 29.5% 243,514 1,037,099 23.5% Sanitation Sales 61,420 165,681 636,000 26.1% 151,233 635,055 23.8% Other utility charges 16,385 78,868 443,315 17.8% 100,506 409,582 24.5% Miscellaneous 2,651 4,444 83,400 5.3% 3,892 167,494 2.3% Interest Income 0 21,701 100,000 21.7% 18,397 89,325 20.6% Total Revenues $573,687 $2,113,180 $8,263,215 25.6% $1,920,433 $9,238,821 20.8% EXPENSES Water $724,480 $806,232 $4,504,340 17.9% $410,092 $4,965,046 8.3% Utility Billing 30,660 64,098 303,421 21.1% - - NDIV/0! Sewer 119,725 199,421 747,246 26.7% 165,649 932,115 17.8% Sanitation 44,174 88,021 560,000 15.7% 79,179 496,147 16.0% Debt Service- Revenue Bonds 446,711 621,845 2,121,141 29.3% 306,663 1,943,566 15.8% Total Expenses $1,365,750 $1,779,617 $8,236,148 21.6% $961.583 $8,336,874 11.5% Excess(deficiency)of Revenue over Expenses 792 063 333 563 $27,067 $958,850 $901,947 'HER FINANCING SOURCES AND(USES) Transfer In-Other Funds $0 $0 $0 $208,536 $834,145 Transfer Out-Other Funds (65,461) 19( 6,382) 78( 5.527) 17( 4.999) (700,000) Total Other Sources/(Uses) ($65,461) ($196,382) ($785,527) $33,537 $134,145 Excess(deficiency)of Revenues and other sources over Expenses $137,181 758 460 992 387 $1,036,092 ��a CITY OF SOUTHLAKE 1% SALES TAX REPORT ��98-99 collected budget balance budget to date balance ep rcent 3 021 050 $706,148 $2,314,902 76.63% FISCAL FISCAL FISCAL YEAR % Inc YEAR % Inc YEAR % Inc MONTH 96-97 -Dec 97-98 -Dec 98-99 -Dec October $161,892 25.8% $237,164 46.5% $310,767 31.0% November 135,367 21.0% 193,664 43.1% 206,887 6.8% December 115,084 10.7% 163,871 42.4% 188,493 15.0% January 198,873 41.7% 266,437 34.0% - n/a February 125,671 31.9% 168,914 34.4% - n/a March 104,733 1.5% 160,147 52.9% - n/a April 182,384 33.1% 215,299 18.0% - n/a May 152,577 39.5% 217,760 42.7% - n/a Jkaw 171,813 53.0% 200,233 16.5% - n/a July 223,854 24.5% 274,072 22.4% - n/a August 184,851 39.7% 224,126 21.2% - n/a September 173,917 42.0% 200,169 15.1% - n/a TOTAL $1,931,017 30.8% $2,521,857 30.6% $706,148 18.7% Actual Budget Actual Estimated (budget-est.) % Month 1997-98 1998-99 1998-99 1998-99 Difference Change October $ 237,164 $ 284,122 $ 310,767 $ 310,767 $ 26,645 9.38% November 193,664 232,009 206,887 206,887 (25,122) -10.83% December 163,871 196,317 188,493 188,493 (7,824) -3.99% January 266,437 319,192 - 319,192 - 0.00% February 168,914 202,359 - 202,359 - 0.00% March 160,147 191,856 - 191,856 - 0.00% April 215,299 257,928 - 257,928 - 0.00% May 217,760 260,876 - 260,876 - 0.00% June 200,233 239,879 - 239,879 - 0.00% July 274,072 328,338 - 328,338 - 0.00% August 224,126 268,503 - 268,503 - 0.00% September 200,169 239,669 - 239,669 0.00% Qe $ 2,521,856 $ 3,021,050 $ 706,148 $ 3,014,749 $ (6,301) -0.21% 19.54% 1/15/99 SLSTX99.XLS SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1/2% SALES TAX REPORT 98-99 collected budget balance ud et to date balance percent $1,510,525 $353,074 $1,157,451 76.63% FISCAL FISCAL FISCAL YEAR % Inc YEAR % Inc YEAR % Inc MONTH 96-97 -Dec 97-98 -Dec 98-99 -Dec October $80,946 25.8% $118,582 46.5% $155,384 31.0% November 67,684 21.0% 96,832 43.1% 103,444 6.8% December 57,542 10.7% 81,935 42.4% 94,247 15.0% January 99,437 41.7% 133,219 34.0% - n/a February 62,836 31.9% 84,457 34.4% - n/a March 52,366 1.5% 80,074 52.9% - n/a April 91,192 33.1% 107,650 18.0% - n/a May 76,289 39.5% 108,880 42.7% - n/a 85,906 53.0% 100,117 16.5% - n/a Ju 111,927 24.5% 137,036 22.4% - n/a August 92,426 39.7% 112,063 21.2% - n/a September 86,958 42.0% 100,085 15.1% - n/a TOTAL $965,508 30.8% $1,260,929 30.6% $353,074 18.7% Actual Budget Actual Estimated (budget-est.) % 1997-98 1998-99 1998-99 1998-99 Difference Change October $ 118,582 $ 142,061 $ 155,384 $ 155,384 $ 13,322 9.38% November 96,832 116,005 103,444 103,444 (12,561) -10.83% December 81,936 98,159 94,247 94,247 (3,912) -3.99% January 133,219 159,596 - 159,596 - 0.00% February 84,457 101,179 - 101,179 - 0.00% March 80,074 95,928 - 95,928 - 0.00% April 107,650 128,964 - 128,964 - 0.00% May 108,880 130,438 - 130,438 - 0.00% June 100,117 119,940 - 119,940 - 0.00% July 137,036 164,169 - 164,169 - 0.00% August 112,063 134,251 - 134,251 - 0.00% Silber 100,085 119.835 - 119,835 - 0.00% $ 1,260,928 $ 1,510,525 $ 353,074 $ 1,507,375 $ (3,151) -0.21% 19.79% 19.54% SLSTX99.XLS y� y SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT 1/2% SALES TAX REPORT 1998-99 Collected Budget Balance Budget to Date Balance Percent 1 438 525 $319,899 $1,118,626 77.76% Fiscal Year Fiscal Year Dollar Percent 1997-98 1998-99 Increase/ Increase/ MONTH Actual Actual Decrease Decrease October $ - $ 125,207 125,207 100.0% November - 92,367 92,367 100.0% December - 102,325 102,325 100.0% January - - n/a n/a February - - n/a n/a March - - n/a n/a April - - n/a n/a May 77,337 - n/a n/a June 86,019 - n/a n/a July 108,531 - n/a n/a August 105,651 - n/a n/a September 89.966 - n/a n/a TOTAL $467,504 $319,899 $319,899 1 n/a Budget Actual Estimated (budget-est.) % 1998-99 1998-99 1998-99 Difference Change October $ 135,242 $ 125,207 $ 125,207 $ (10,035) -7.42% November 110,437 92,367 92,367 (18,070) -16.36% December 93,447 102,325 102,325 8,878 9.50% January 151,935 - 151,935 - 0.00% February 96,323 - 96,323 - 0.00% March 91,324 - 91,324 - 0.00% April 122,774 - 122,774 - 0.00% May 124,177 - 124,177 - 0.00% June 114,182 - 114,182 - 0.00% July 156,289 - 156,289 - 0.00% August 127,807 - 127,807 - 0.00% September 114,588 _ 114.588 - 0.00% $ 1,438,525 $ 319,899 $ 1,419,298 $ (19,227) -1.34% City of Southlake Comparison of SPDC Sales Tax and Crime Control Sales Tax (Both 1/2 cent Sales Tax) Crime Dollar Percentage Month SPDC Control Difference Difference May-98 $ 108,880 $ 77,337 $ 31,543 28.97% Jun-98 $ 100,117 $ 86,019 $ 14,098 14.08% Jul-98 $ 137,036 $ 108,531 $ 28,505 20.80% Aug-98 $ 112,063 $ 105,651 $ 6,412 j 5.72% Sep-98 $ 100,085 $ 89,966 $ 10,119 10.11% Oct-98 $ 155,384 $ 125,207 $ 30,177 19.42% Nov-98 $ 103,444 $ 92,367 $ 11,077 10.71% Dec-98 $ 94,247 $ 102,325 $ (8,078) -8.57% Total $ 911,256 $ 7871403 $ 123,853 13.59% SLSDIFCR.XLS / 1/15/99 City of Southlake,Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Town Square Status Report Town Square Progress continues on the infrastructure and commercial elements of this project. Six buildings are currently under construction. Buildings IA, 1B, 5A and 5B have been inspected by Building Inspections and have been released for tenant finish work. Building 4C has had all the exterior sheathing installed, rear stucco has been applied and brick work is approximately 90% complete. Selected tenant space is being constructed.Building 2C has had framing installed, exterior stucco and brick has begun. Both buildings have had mechanical, electrical and plumbing systems installed. Interior framing and sheathing is being constructed. Paving of State Street, Fountain Place and Main Street has taken place. Grand Avenue has had lime applied and sidewalks have been poured on State Street, Grand Avenue and Main Street. Landscaping is being installed in the parking areas and adjacent to the park areas and within Family Park. Work has begun on the Pavillion and the pond at Rustin Park. Tenant work and permits have been issued on Ann Taylor, Banana Republic, Bath and Body, Bombay Company, Corner Bakery, Eddie Bauer, Gap, Gap Kids, Harolds, St. John's, Talbot's, Victoria Secret and Williams-Sonoma. Plans reviews have been completed on Chico's, Gymboree, Kids Footlocke and Lady Footlocker. Plans have been received, but not yet reviewed for Animal Crackers, Zuka Juice, Charles Schwab and Dameron Properties. .yam_ 7 Town Square Status January 15, 1999 Page 2 North Carroll Realignment Work on this adjacent project is well underway. Storm drain is approximately 80% complete, the relocation of the sanitary is complete, and the new water line has begun. Construction of the foundations for the relocated signal lights has been completed and the new poles and arms have been installed. Work on the new road base began on January 4, 1999. Paving of the first course is anticipated to be done by the first week in February (weather permitting). At this point, it still appears that this project will be open to traffic by early/mid March. Post Office Square There is no change from the last report on this phase of the project. Additional Project Phases Staff has not been informed as to the scheduled submissions of any additional phases of this project. Town Hall The Architects have begun the preliminary review of the programming study done for Town Hall and will be starting the schematic designs within the next several weeks. Staff has met with the Architect of Record to discuss budgets, schedules, personnel, approvals, etc. I would like to remind Council Members that individual tours of the project site can be arranged by contacting me 1 - 2 days in advance. Work has progressed to the point where a good feel for the layout and aesthetics of the project can be visualized. qjih d:\wd-files\sts\scat 15.doc t City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-146 PROJECT: Plat Revision-Loch Meadow Estates STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Final Plat of Loch Meadow Estates on property legally described as Tract 2B and a portion of Tract 2B 1 situated in the Rees D. Price Survey,Abstract No. 1207, and Lot 12-R-3-A, Block 4, South Lake Park, an addition to the City of Southlake, Tarrant County, Texas, _ __according to the plat recorded in Cabinet A, Slide 2791,Plat Records, Tarrant County, Texas, and being approximately 31.412 acres. AMENDED REQUEST: Due to a portion of the property being previously platted, the applicant has amended his request from a Final Plat to a Plat Revision. PURPOSE: To create buildable lots. LOCATION: On the east side of Ridgecrest Drive, approximately 600' south of the intersection of Ridgecrest Drive and Woodland Drive OWNER/APPLICANT: Corps Property Holdings, Inc. CURRENT ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Fifteen(15) RESPONSES: None P&Z ACTION: December 3, 1998;Approved(7-0)applicant's request to table to the January 7, 1999, Planning and Zoning Commission meeting. January 7, 1999; Approved (6-0) subject to Plat Review Summary No. 2, dated December 31, 1998. { City of Southlake, Texas STAFF COMMENTS: The applicant has met all requirements listed in Plat Review Summary No. 1, dated November 25, 1998, and Plat Review Summary No. 2, dated December 31, 1998, with the exception of those in the attached Plat Review Summary No. 3, dated January 15, 1999. L:\COMDENI\WP-FELES\MEMO\98CASES\98-146PR.WPD V - fif gpY C E I r i t �A�� OPKS ZP� � 77 CAFML saHoa. i� ' JLcxL S�=3 TRACT MAP • t J 3R 1 -- t 13 1 i 'Qd 4R ( / 12. 3R2 ` TR 6 - 46.81 AC \ n , \ SF-20Bw SOUT U.S.A. 1 1 1 1� 4 N 2R 1 , rl j�E M \ Q j1 2 s v R. PARKER s 6 6 _ 1 \ 9�90 3A x Z 7 / � 1 G) a 1 5 38 N 1 J. _, a '3 SCAIrfARDO g P� SIG SIC. 10 4A2 48 �'�r n 1 7 � fit; od "SF-1 A., (A c i t. 4A 128 �• Ai 1 I 4 i r 1.4979 O >�9 12R-1 2.398 O 5 L. ANDERSON 3.7014 O ' TR 2B 1 TR 2Ct W) • i of 58O 9.80 16.2AC "SF-1 All i U.S.A. I 1 p� 12R-2 W 2.398 O W a E. WONG J. GILBERT 12R-3A 1 1.354 O • i 1 12R-38 i r•_ ......I "AG" ... 1.00 O - 1 E.GRASS. _I i W. PALDING i 1 TR 1G4 :• 0437 O t t 1 TR 1CiG �Q? 2.56 AC '. U.S.A. I' a: 19 t V.VETTER m "AG" TR IC ' z 1 TR iCiH ;" I i G.TEMPLIN Oa ( 1 SF-IA" t , ADJACENT OWNERS 1 wU) o sit �w d 1 h d »H9 c7 Jillco an ' ' ►1 i ! i J��s >r r 9 ag��a-as _� Q ,j,,l ! •,t, t r�1 i!t = _- acn i _ - ,; , t { �;i jj /� J'iie 00 li. !: 1 , '! ! it 1J►!�!o . ,i t t ggg � � a g s!j j�: . �i J �s ��Js� l��tt t :`i�►J ��Ji t:J�i i i i '.;p � i 5 i1J ui ------------- J �icbi IT y- �''� � l a a` � \ ]\ � ■° f� i mIgo is oil y 9e9e Lim i Ilk 1 I L-----€--- I P40 PC i City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 98-146 Review No: Three Date of Review: 01/15/99 . Project Name: Plat Revision - Loch Meadow Estates. being 31.409 acres out of the R.D. Price Survey. Abstract No 1207 APPLICANT: SURVEYOR: fps Propg y Holding. Inc. Area Surveyjaa. Inc. . P.O. Box 2245 102 Trammell St. Coppell. TX 75019 Fort Worth.TX 76140 Phone: (214) 675-9787 Phone: (817)293-5684 Fax: (817) 481-2839- Attn: Andy-Jews Fax:(812) 293-5685 Attn: Roger W.Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01 11/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MC ROY AT(817)481-5581,EXT.880. 1. Provide the deed record volume and page for the current owner in the preamble. 2. The following changes are needed with regard to easements: a. If any,show and label the type,size and deed record of all existing easements on the property. b. Provide easements for water, sewer and/or drainage as may be required for compliance with approved construction plans. Confirm with Public Works and Parks the adequacy of lot width within Lot 6 to accommodate the planned infrastructure and a pedestrian/equestrian connection to the Corps of Engineers property. C. Provide dimensional ties along lot lines for the 15'U.E. along the rear of Lots 3-15. 3. Show and label the ultimate 100-year floodplain limits. 4. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. L:\COlDBV\IfP-PILES\Y8P\9B\98146PF3.NPD Page 1 =x:: City of Southlake, Texas 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 Developer's Agreement is required prior to any construction. The Developer's Agreement for this addition should consider streets, drainage,park dedication requirements, off-site sewer extensions, and off-site drainage and utility easements. * Prior to the acceptance of the subdivision by the City,two intervisible boundary corners of the site must be geo-referenced by state plane coordinates in accordance with section 8.03(B) of the Subdivision Ordinance No.483 and provided in a document to the Public Works Department signed and stamped by the Registered Professional Surveyor along with a digital computer file of the subdivision in accordance with gection 8.04 of Ordinance No. 483. * Denotes Informational Comment cc: Corps Property Holding,Inc. VIA FAX ABOVE Area Surveying, Inc. VIA FAX ABOVE L:\COMRV\WP-PILES\BBV\98\98146PP3.MPD Page 2 -Cl, -F. City of Southlake,Texas TREE PRESERVATION ANALYSIS (RESIDENTIAL SUBDIVISION) Case: 98-146 Date of Review: 11 - 19 -98 Number of Pages: I Project Name: Loch Meadow Estates inal Plat OWNER/DEVELOPER ENGINEERS: Corps Property Holdings, Inc. J. E. Levitt Engineers, Inc. P.O. Box 2246 726 Commerce St., Suite 104 Coppell, TX 75019 __ Southlake,TX 76092 Phone: (214)675-9787-- Phone: (817)488-3313 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 B PACT 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: All area within the public R.O.W. ,utility easements or drainage easements as shown on an approved Final Plat and areas designated as cut/fill on the master drainage construction plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. All other areas shall be subject to the requirements. 2. All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this development. Please be aware of the penalties of not applying the tree preservation methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS L:treestdre-98/98-146 S�- 6661 i% 031 t t i t�,ES _s•�! 5 p►may C 's 1 a �► � + � fit = ��• � j.jilld � i WOW� ►y„ �m°•se� <�n�� Ce'Z t:�i u k � ' E too�ns�� 1 ` `ovz I �!-4Wv24 �V�.. �Se ^sa� sin �.c p ! + t F { C p v� s �' nt's �• ; 4 � 1t## fit !! k pitfp 211 a ! fill t !r all i{.�t( [ri! ; � 1, � i i t�; ,1, ; r, � i�i• s dE! f 11t011- (+ i •i' 3 (; fir !� I ,�±7!I �! jf d ��"' Iis�j;!' i ��°� s±zi•d irk' S !1 jtr. fl' 1 [`'� I ,• ;€! !� t• , II dJi r !� r i Y• i(tt f , 5 Rip T 'dt f :7!=_ t � ii r t r #!r•i! :�� ! 4 s,�t}it Fi( k 4 ir[ r 11 -i a (!+r%�[• "[t,s. �i� �1,(" q.q�q.q y.y(.+ ��iil a i!X H Ili 4 I 1 . e L E(1 r F • `. ae� 1 a � °Sa• • C 7 i i �1 A, ,•�M f� ��e.� z 8 — a n-`? � ,1 •s: aC a=,8 i� y= $ � ''tom -: It .. �' 'tea—'"`• ._ all •��F-=r _ w.r _— —M 1 -------- —• • . A__-1 • • -- ri �+ d•. fw �`e 11 We - T- - - - -- ■ / ,II ` City of Southlake, Texas MEMORANDUM January 12, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of the 5-Year Parks Capital Improvements Plan (CIP) Action Requested: City Council consideration of 5-Year Parks Capital Improvements Plan Background Information: The Park Board in April 1998, and again in September 1998, prioritized those park projects identified as needs by the citizens of Southlake. These prioritized needs were programmed into a 5-year plan, based on estimated costs and estimated '/2 cent sales tax revenue bond proceeds. On September 28, 1998, the Parks Board and SPDC held a joint meeting to consider the 5-Year Parks CIP. The revised Parks CIP was approved the next month by each board. SPDC and City Council adopted the current year projects (FY 1998-99) during the budget process. If approved by City Council, the Parks CIP will include funding over the next five years (1998-2003) for: • $1.9 million for land acquisition, including land for southwest and southeast community parks (CURRENT YEAR) • $1 million for design and construction of a Teen Center (CURRENT YEAR -- $150,000 for planning) • $550,000 for completion of Bicentennial Park Expansion Phase II, including addition of roof over in-line hockey court(CURRENT YEAR) • $530,000 for construction of approximately 4 miles of off-road hike and bike trails, and $100,000 for a one-mile inner park trail at Bicentennial Park (CURRENT YEAR-- $267,000) • $1.33 million for completion of Bob Jones Park phases I and II (CURRENT YEAR) • Annual appropriations of$100,000 for community matching grant projects, $50,000 for special SPDC funded projects, and $20,000 for development of practice ballfields and soccer fields • $560,000 for development of existing neighborhood and community parks (Koalaty, Noble Oaks, Lonesome Dove, Royal and Annie Smith) \\SLKSV0002\khugman$\WP-FILES\COUNCIL\cip-memo.doc rcgw r Curtis E. Hawk, City Manager January 12, 1999 Page 2 • $3.2 million for design and construction of a Community Center/Recreation Center • $600,000 for design and construction of a Nature Center at Bob Jones Park Financial Considerations: Cost figures are estimates only, and have not been determined through any detailed design work or analysis. It is expected that each year, prior to adoption of that years' SPDC budget, a more refined cost estimate will be performed for the projects programmed for that year. FY 1998- 99 budget figures include those for which contracts have been awarded, and therefore are actual costs. Citizen Input/ Board Review: Approved by Park Board October 12, 1998 (6-0) Approved by SPDC October 26, 1998 (5-0) Legal Review: Not Required Alternatives: Not Applicable Supporting Documents: 5-Year Parks Capital Improvements Plan (CIP) Staff Recommendation: Place 5-Year Parks Capital Improvements Plan on the January 19, 1999 meeting agenda for City Council consideration of Park and Recreation Board and SPDC recommendations. KH Approved for Submittal to City Council: Ci a face \\SLKSV0002\khugman$\WP-FILES\COUNCIL\cip-memo.doc N J N X O C co 5t 52 S > O N U c a m 06 a .W W W W W IA. 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O N M V N b A b b O r N M V N b A b Of O N l9 fD b b b b b A A A A A A A A A A b b b F a33 oD F aD aD EO Of Ot Of a1 T 01 Oi d a to O J H X O d' W O Rt a Q N rn' n co a ~ N A CILCI www'ww w C i S 8 J 9, i �alei, �i N •Oi S NI N: i01 ! ! AL QI S I' ' I IN jNl I I � evil I IH.w!w�wlw w; 1 U. I I I 10 � I O)i Iwlwj�jwj44 I j wjjl I I I W �.: ;N '..� C r O ILL (0 w w w w-w w ' IO N C a p Ili SIN' co M E to o p Obi i n o N N } n > rn o d � ' w w;!wiwlw� Iw f0 N g rn I l j i a Jul ti m LL 00 ! rn 0; g, li III ODi '0) Obi i a co Iy'.Q w!w w,w'Iw w cn I ! II I I III I I I i !U1 dal r, �I,' NIA„ E jpI F" _jI tMI Ioi f- olw IW ICI j tWl j': ZiJ _ -LI CIQ7i�._ W,m 0imlE,�i�iv_ x co d G7 W'';t j a d �'E" WiN'I,tT.rnm FZ y,UWto (9,CIO Q rn O U N n 00 01 O N of V N t0 n CD O! t1 to S: O O O O O O O O O O � � � N N N N N N N N N N d �G-9 C City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Authorize the Mayor to enter into an agreement for community services between the Women's Haven of Tarrant County Inc. and the City of Southlake. Action Requested: City Council consideration of an agreement for community services. Background Information: The Women's Haven currently provides emergency services consisting of shelter, clothing, food and transitional housing for victims of family violence. Additionally, they provide for crisis intervention at area hospital emergency rooms, staff and provide a 24-hour crisis Hot Line, along with other services. These services complement the effort by the Police Services Community Services Officer by placing battered and abused residents of Southlake with places of safe shelter. During the year 1997, ninety-four (94) residents of Southlake received services from the Women's Haven. The Women's Haven governmental grant for food was cut by $40,000, while their net cost for serving each victim has increased by 78%. On June 16, 1998 Sharon Marshall, Executive Director of the Women's Haven, contacted the City regarding both the financial status of the Women's Haven and scope of services that it performs for battered and abused residents of Southlake and suburban Tarrant County. The cities that are contributing to the shelter are Fort Worth, Kennedale, Colleyville, Grapevine, Haltom City and Forest Hill. Financial Considerations: The proposed services agreement calls for $1,000 to paid to the Women's Haven for services rendered to the community. These funds were approved during the FY 1998/99 budget. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City. 5D-1 r Shana K. Yelverton January 15, 1999 Page 2 Alternatives: Not Applicable. Supporting Documents: Agreement for community services between the Women's Haven of Tarrant County Inc. and the City of Southlake Staff Recommendation: Place the community services agreement between the Women's Haven of 4 Tarrant County Inc. and the City of Southlake on the January 19, 1999 City Council meeting agenda for consideration. V.� BC/bls Approved for Submittal to City Council: City Ma ice i 1 5D-2 AGREEMENT FOR COMMUNITY SERVICES STATE OF TEXAS § COUNTY OF TARRANT § 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 Women's Haven of Tarrant County Inc., a nonprofit organization operating in the City of Southlake as an organization described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director. WHEREAS, the purpose of Women's Haven of Tarrant County Inc. is to provide food, clothing, and transitional housing for families and victims of family violence to improve the quality of life citizens of the City of Southlake; and WHEREAS, City and Women's Haven of Tarrant County Inc. desire to enter into an Agreement whereby Women's Haven of Tarrant County Inc. will provide services to the citizens of Southlake; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and Women's Haven of Tarrant County Inc. do hereby covenant and agree as follows: `%M_ October 8, 1997 1 SD-3 SECTION 1 SCOPE OF SERVICES Women's Haven of Tarrant County Inc. shall provide the following services: 1. Emergency services consisting of shelter, clothing, food and transitional housing for victims of family violence. 2. Crisis intervention at area hospital emergency rooms 3. Staff and provide a 24 hour crisis Hot Line. 4. Support services consisting of parenting education, case management, group and individual counseling 5. Prevention services consisting of a speaker's bureau, Project D.A.T.E., a high school curriculum for building violent-free relationships, and a men's program for individual and group counseling for abusive men. SECTION 2 WOMEN'S HAVEN OF TARRANT COUNTY INC. FUNCTIONS 1. Women's Haven of Tarrant County Inc. Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by Women's Haven of Tarrant County Inc. 2. Women's Haven of Tarrant County Inc. shall operate in accordance with its own approved by-laws. 3. The City shall have the right to review the books and records kept incident to the services provided by Women's Haven of Tarrant County Inc. to the City. 5. Women's Haven of Tarrant County Inc. shall provide a quarterly written report to the City. This report shall include: a disclosure of the Women's Haven of Tarrant County October 8, 1997 2 SD-4 Inc. financial status, operations conducted during the preceding quarter, planned future operations, and any other information agreed to by both Women's Haven of Tarrant County Inc. and the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist Women's Haven of Tarrant County Inc. in coordinating Women's Haven of Tarrant County Inc. and City operations. 2. City shall provide staff assistance, advice, and technical expertise where feasible to aid Women's Haven of Tarrant County Inc. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to Women's Haven of Tarrant County Inc. the sum of One Thousand Dollars ($1,000) in payment for services described in Section 1 hereinabove. SECTION 5 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 1998 and ending September 30, 1999. IN WITNESS WHEREOF the City and Women's Haven of Tarrant County Inc. have executed this agreement as of this day of 1998. `�— October 8, 1997 3 5D-5 Approved as to legal form: Attorney at Law Mayor, City of Southlake Executive Director, Women's Haven of Tarrant County Inc. '�•— October 8, 1997 4 SD-6 5 City of Southlake,Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager i FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of contract to Whitewater Construction, Inc. for the construction of road, sanitary sewer, and water improvements on Lilac Lane Action Requested: Staff seeks Council to award the contract to Whitewater Construction, Inc. in the amount of$287,099 for the construction of road, sanitary sewer, and water improvements on Lilac Lane (see attached map exhibit). Background Information: As part of the FY97-98 CIP plan, Lilac Lane and Pine Drive were scheduled to be reconstructed. However, at the direction of Council at the June 16, 1998 City Council Meeting, the funds appropriated for the reconstruction of Pine and Lilac were reprioritized in order to fund the construction of the sanitary sewer along Lilac Lane as well as the reconstruction of Lilac Lane. The idea was to install the sanitary sewer prior to reconstructing the roadway so that the roadway would not be disturbed in the future for the installation of the sanitary sewer. Funds were then budgeted for the sanitary sewer and reconstruction of Pine Drive in the FY98-99 CIP budget. The paving improvements include reconstructing the roadway. The proposed width of the roadway will be 22'. The current width of the road varies between 18'-20'. The improvements will also include a 5' wide concrete sidewalk from Dominion Drive to Byron Nelson Parkway. The proposed improvements also include a water line extension from the east end of Lilac Lane to the water line along the east side of Byron Nelson Parkway. These water improvements are necessary to improve the water quality in the water line along Lilac Lane. The water line along Lilac Lane is a dead end line that terminates at the east end of Lilac Lane. This dead end water line requires frequent flushing to prevent the water in the water line from becoming stagnant. Connecting the dead end water line to the existing water line along the east side of Byron 5E-1 f Nelson Parkway will eliminate the need for such flushing. The proposed water line construction across Byron Nelson Parkway will be bored to eliminate the need to close the roadway. Financial Considerations: This project was bid as a total cost bid, which included the water, sewer, and paving improvements. The apparent low bid for the improvements along Lilac Lane was from Marathon Contractors, Inc. of Fort Worth, TX for the amount of$263,451 (see attached bid tabulation). However, following tabulation of the bids, the contractor discovered that an error was made on his bid for bid item number 11. Therefore, Marathon Contractors requested that the bid be rejected (see attached letter request). Accordingly, staff concurs that the bid for Marathon Contractors be rejected and that the next low responsible bidder be awarded the contract for the Lilac Lane project. The next low bidder for the sewer and paving improvements along Lilac Lane is Whitewater Construction of Waco, TX for the amount of $262,949 (Street - $171,324; Sewer - $91,625). The engineering and surveying cost is $23,833, which places the street and sewer project cost, including engineering, surveying, and sewer and paving construction costs, at $286,782. Funds for the engineering, surveying, and construction cost for (*Sol reconstructing Lilac Lane and for the construction of the sanitary sewer along Lilac Lane are included in the CIP budget. The amount appropriated did not include the proposed water line improvements. The cost for the water improvements is $24,150. These funds are provided for in the utility fund, object code 147.795, FY 98-99 Annual Budget. Citizen Input/ Board Review: Not applicable Legal Review: The state statute provides that the City must award a contract to the lowest, responsible bidder. Given that the apparent low bidder at the bid opening requests that the bid be rejected due to an error in the bid and coupled with other factors, Staff recommends the second low bidder at the bid opening be chosen as the low, responsible bidder. Alternatives: Not applicable 5E-2 Supporting Documents: Map exhibit Bid tabulation Letter dated December 29, 1998 from Marathon Contractors Staff Recommendation: Staff recommends Council award the contract to Whitewater Construction, Inc. for the construction of road, sanitary sewer, and water improvements on Lilac Lane in the amount of $287,099. 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LL m F- w�f waOj �� a p�c7Z co w Zvi Oy O f 0 LU m 1—N p O U W y w N Z z U O y y Z °Z Q ►�- zam V F `ob 'ZS�wyw00� f"f Jw�uwiw < _ U aif� o z oeo �Zd~zyaa�-LL z� LU Wa0F V zw �►w- Q H a xp ;0aaya ° - a � (L > - v - Q W K W y a.aCL L) aON 3 aH oD Jop �v N�000 �D� z � Lou oo�x� a ��ao<�UUQ6 m oo (� `! �i NNNNNNNfOV Nl'�/7 �(�1�N�j lA 5E_8 DOC:29-98 11 : 52A P.02 1 M�►)tA1�0Ig OO i' A4'L'OAS,S SUI-A PAWWAY ROAD I FT.WOKM 7X 76117 (317)331-6mi i FAX: 331-6368 December 29, 1998 Mr. Eddie Cheathmn Cheatham A Associates I601 E. Lmnar Blvd. i Ste. 200 Arlington,TX 76011 i FAX (817)265-9532 RE: Reque.+t for Rele`se from Propocai Southishe Like Lana Project Dear Mr. Cheatham: i As we discussed carlier today.Marathon made a transpositional error in our bid 8ne item number 11. This vaXe sfiauld have bees ow order of magnitude higher, st 417.500. Becatue of this error, Marathon respectfully requests to be released from our on the abovedisted project. We deeply regret this error and any ineonveoiaca it causes either your or your cent. Respectfully, i I dC omeral Manager Marathon Contractors,Inc. i f f I i 5E-9 City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Bowles Construction Company for the construction of a 24" water transmission line along S.H. 114 from Trophy Club to the T.W. King Pump Station No. 2 Action Requested: Staff requests the City Council to award the bid for the construction of a 24" water transmission line along S.H. 114 from Trophy Club to the T.W. King Pump Station No. 2. Background Information: The Northeast Tarrant County Regional Water System (NETCRWS) is an association of cities in this region of Tarrant County. The goal of the member entities is to provide for a reliable water supply and distribution system that serves the needs of the individual members. The 24" transmission line along S.H. 114 from Trophy Club to the T.W. King Pump Station No. 2 is part of NETCRWS. It will serve the northern most portion of Southlake. The goal of this water line, along with the 30/36- inch line extending from Pump Station No. 1 to the ground storage tank on T.W. King, is to ensure a redundant supply of water to the City. Should a water supply main break, there will be an additional water supply line to maintain service. Financial Considerations: The CIP budget includes a total of $1,511,000 for the construction of this transmission line. Out of a total of ten (10) bids received, the low bid is $1,440,693.00 by Bowles Construction Company of Wichita Falls, TX (see attached bid tabulation). Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: Not applicable Supporting Documents: Bid tabulation 5F-1 Exhibit map Staff Recommendation: Staff recommends that the City Council award the bid to Bowles Construction Company for the construction of a 24" water transmission line from Trophy Club to the T.W. King Pump Station No. 2. Please place this item on the January 19, 1999 Regular City Council Agenda for City Council review and consideration. BW th Approved for Submittal to City Council: City e s ffice 5F-2 3 X e T M N Q! » = M » M H — � N N e�•1 N m N N N N S N M M c :.J N N � •G r N P� N N » N N N N M N N � I I I -000 s s LR $ s s s o N a e0 C T Q R b 10 10 N N I� .X .X 3 3 8 8 8 8 8 8 8 8 $ z5 8 25 8 8 8 _ �Y[ oQ 8 8 8 Qo - 7 N J N M M M N N N M M M w ! 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A. � _ ,� — _ ,.�� 'a ,,,� - ��, .i�iilir'= ��=_t��-��1��'1 �•,11;1 _`L " � I I � I��n,�=�At11�"'� �-,• __ r ■� � N � • VEIISI�•��■ ■■il\\ i\1i111r 1SI■�■� I ,r �� .'y II,,I� � ., ''�•.`` ��_.i• �..�w• \�— ■��fp■ a�:E_eC:'.�� i�Il.��t E't'��L�` i•IIhIIfirculml �'1t i� .( �: 11111■IGIIYfr =1��■® _,� �� ■" �■ ten:■u■Ir; ..� ` 1■■ �=or ?Ill �.'::.:'..\SEEN '�,. 11 ■ Y - .'.1 '�.•/. ■■oq=:`+ ��~ �!'' �!�Et.1,,■Y�II R 011�1I1►� 1•g�� 1\iS1111 / oh::::n.• 7+- , —u wn,■11■. sw■s illl'llll+ ,-_ q_i�� v .... 71'�� ,_:`L■ /nY`■ lee 'SS{IIA■I��// tr•� , '��i "ice r `lulf ty ., � f��I`�IIA.� +A ��®fi,tl_�a` " 1 II _ liiiiil•��. ®'r �6 Y ■■�—■� f TORS 1'� t■1�S �•■ ■■.e s♦ , \/ s,00111 niAr 1 ■ fi1f�'w�i 10� I l 1�\\`� '1■r■I■1�1 ■•il" �i,►•syBAlbr ♦•._-; I i�IIIU•gg■� g:91■nui' Isv,, ge, lill`'Iw .r,/qf■ul/1►r_ 1�:• Iii r 1 i■/1� �� ■►r urn • �711��' �>fl�■ ■®! :':�I��IA4111 .,: 'A.�� --.. �■i%�—�11' }1�1�1�'�®P'■ .\. � �1 � � 0■1�'�_.�II 11�Ni�ttt�'il. ciLt�551% ' �• —peelsafh�� • 1 • City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 732, 1" Reading, Amending Chapter 11 of the Southlake Code of Ordinances with the addition of Section 11-1, prohibiting urinating and defecating in certain locations. Action Requested: City Council consideration of Ordinance No. 732 on first reading. Background Information: The continued expansion and popularity of events at Texas Motor Speedway leads to large gatherings of persons at times within the confines of the City. Often, service stations and convenience stores bathrooms are overwhelmed or under utilized by patrons who elect to use parking lot and exterior facilities. Under current state law, persons must recklessly expose themselves while going to the bathroom for it to be a prohibited offense. Because of the current way the disorderly conduct statute is worded and interpreted by our Municipal Court, officers have no enforcement methods available to cite or deter such conduct. Adoption of this ordinance would mirror the same method that other cities have used to regain the ability to maintain a sanitary and clean community. Financial Considerations: The ordinance allows the Municipal Court to levy a fine upon conviction of not more that $2000.00. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This ordinance was prepared by City Attorney DeAnn Drennen, who has approved the ordinance under consideration by City Council. Alternatives: Not Applicable. Supporting Documents: Ordinance No. 732 5G-1 Shana K. Yelverton January 15, 1999 Page 2 Staff Recommendation: Place Ordinance No. 732, amending Chapter 11 of the Southlake Code of Ordinances with the addition of Section 11-1, prohibiting urinating and defecating in certain locations, on the January 19, 1999 City Council meeting agenda for first reading. BC/bls Approved for Submittal to City Council: City g ice 5G-2 ORDINANCE NO. 732 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE TO PROHIBIT URINATING OR DEFECATING IN CERTAIN LOCATIONS; 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 Local Government Code; WHEREAS, the city council has determined that persons who urinate or defecate while visible on public or private property disrupt the peace and order of the public and constitute a health hazard and a nuisance; and WHEREAS, the city council desires to prohibit such nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Chapter 11 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 11-1, which shall read as follows: Sec. 11-1. Urinating and Defecating Prohibited in Certain Locations. (a) Offense. A person commits an offense if the person urinates or defecates: (1) on public property, unless the person is in an enclosed restroom or similar facility designed to handle waste in a sanitary manner; (2) on private property that the person does not own, unless the person has permission from the property owner and could not be seen by another not on that property; or H:%LIBRARY%Southlake%Ordkvnces\UrinabngPublk:.wpd(0724/98) Page I 5G-3 (3) on private property that the person owns, unless the person could not be seen by another not on that property. SECTION 2. CUMULATIVE 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. SEVERABLE 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. PENALTY 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. H:\UBRARY\Sauthiake\Ordinances%UrinaUngPublic.wpd(07/24/98) Paget SG-4 SECTION 5. SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting urinating ordefecating that 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 6. 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 or its caption and penalty 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 7. 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. L M:LLIBRARYZwthiake%Ordinances%UrinafingPublic.wpd(07/24/98) Page3 SG-5 taw" PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1998. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney H:ILISRARr-S" ake%OrdinancesWrinaUnpPubk.wpd(07/24/98) Paps 4 5G-6 City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance 733, 1" Reading, Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, revising the block addresses of school crossing zones that have a 20 mph speed limit, and revising the designated hours of the school zone Action Requested: Staff requests the City Council to approve Ordinance 733, amending Section 18-80 of the Southlake City Code, revising the block addresses of school crossing zones that have a 20 mph speed limit, and revising the designated hours of the school zone. Background Information: Various changes have been made to the existing school crossing zones and these changes are not reflected in the city code. Brad Payton, Street/Drainage Superintendent, verified these changes in December of 1998. The following are the broad changes that were made to the school crossing zones. Specific changes, to each individual location, are shown in the supporting document "Amendments to the City Code, ...". • An increase or decrease in the block address of a specific school crossing zone. (mainly due to trees obstructing the view of the signal flasher) • The addition of a school crossing zone previously approved but not listed in the city code. (Carroll Intermediate/Johnson Elementary, Florence Elementary) • The removal of a school crossing zone listed more than once in the city code. (Carroll Intermediate/Johnson Elementary, Florence Elementary/Durham Elementary) 5H-1 t • The designated hours of the school zones are to be between and , both inclusive, and -Friday, and both inclusive, Monday through Frida when hen school is in session. Financial Considerations: Not applicable Citizen Input/ Board Review: Not applicable Legal Review: Wayne Olson, City Attorney drafted this ordinance and reviewed the amendments Alternatives: Not applicable Supporting Documents: Ordinance 733 Southlake City Code, Section 18-80 Amendments to the Southlake City Code, Section 18-80 Staff Recommendation: Staff recommends that the City Council approve Ordinance 733 Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, revising the block addresses of school crossing zones that have a 20 mph speed limit, and revising the designated hours of the school zone. Please place this item on the January 19, 1999 Regular City Council Meeting Agenda for review and consideration. VBItrh Zedbmittal to City Council: ffice M-r- ORDINANCE NO. 733 AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE (1998), AS AMENDED, BY REVISING THE LOCATION OF SCHOOL CROSSING ZONES WHICH HAVE A 20 MPH SPEED LIMIT, AND REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE; 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 Local Government Code; and WHEREAS,pursuant to Section 545.356 of the Texas Transportation Code,the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS,the city council of the City of Southlake recognizes that it is necessary to regulate traffic near schools to promote the safety of children going to or from school; and WHEREAS,the city council of the City of Southlake deems it necessary to provide a reduced speed limit for a period of time that is of sufficient length to protect children going to and from school; and WHEREAS,the City of Southlake has heretofore adopted an ordinance regulating school zone speed limits within the City of Southlake; and WHEREAS,the City Council deems it necessary and advisable to amend certain school zones and designated school zone hours within the city in which a 20 mph speed limit will apply; and WHEREAS,the location of school crossing zones in which a 20 mph speed limit will apply has been based upon an engineering and traffic investigation and study. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. 5H-3 e Section 18-80 of the Southlake City Code is hereby amended to read as follows: Sec. 18-80. Limits for school crossing zones. The prima facie maximum reasonable and prudent speed on the portion of the streets or highways designated in this section shall be the speed in miles per hour designated,between a.m. and a.m., both inclusive, and p.m. and p.m., both inclusive, Monday through Friday,when school is in session, provided that an appropriate sign giving notice of such speed zone is erected. The reduced speed limits established in this section shall only be enforced between the signs which are erected designating the beginning and end of each school crossing zone. It shall be an affirmative defense to a charge of exceeding the prima facie maximum speed established as follows that the day in question was a day when there were no classes in session at the nearest school: School Crossing Zone Street Speed Limit Carroll Elementary From the 1000 Block of S. Peytonville to the intersection with Continental Blvd. 20 From the 1600 Block of W. Continental Blvd. through the 1900 Block of W. Continental Blvd. 20 Carroll High School From the 100 Block of S. Peytonville through the 400 Block of S. Peytonville 20 Carroll Intermediate School From the 1000 Block of N. and Johnson Elementary Carroll Ave. through the School 1500 Block of N. Carroll Ave. 20 From the 1300 Block of E. Highland to the intersection with N. Carroll Ave. 20 Carroll Junior High School From the 600 Block of N. White Chapel Blvd. through the 1100 Block of N. White Chapel Blvd. 20 Carroll Middle School From the 2200 Block of N. Carroll Ave. through the 2600 Block of N. Carroll Ave. 20 From the 900 Block of E. 5H-4 Dove through the 1100 Block of E. Dove 20 The Clariden School From the 1200 Block of N. White Chapel Blvd. through the 1300 Block of N. White Chapel Blvd. 20 Durham Elementary School From the 500 Block of Shady Oaks Dr. through the 900 Block of Shady Oaks Dr. 20 Florence Elementary School From the 2500 Block of Johnson Rd. through the 3100 Block of Johnson Rd. 20 From the 200 Block of Harrell Dr. to the intersection with Johnson Rd. 20 Montessori School From the 1000 Block of E. Highland St. to the intersection with N. Carroll Ave. 20 Rockenbaugh Elementary From the 100 Block of School Byron Nelson Pkwy. through the 600 Block of Byron Nelson Pkwy. 20 SECTION 2. 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. 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. �i'5 SECTION 4. 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 Hundred Dollars($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Section 18-80 or any other ordinances affecting speed limits in school zones 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 6. 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 passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. 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 91999. MAYOR (400.1 5H-6 ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney 5H-7 TRAFFIC AND 4 EEHICT FS 1 13-80 (we roadways and crosswalks and such other places (3 Upon streets and highways with a speed as he may deem necessary where, in his opinion, limit otherwise established by ordinance; and there is a particular danger to pedestrians cross- ing the roadway; (4) `-here a slower speed is required by V.T.C.k, Transportation Code § 545.13o1(b) and (2) Establish safety zones with such char- (c), because of a special hazard or other condition acter and at such places as he may deem neces- set forth in such paragraphs. sary for tae protection of pedestrians; and A speed limit of 30 miles per hour shall be (3` _Mark lanes for traffic or street pave- effective immediately upon any street or highway ments at such places as he may deem advisable, not presently posted with appropriate signs.Such consistent with the traffic control ordinances of speed limit shall be effective upon any street or the city. highway otherwise posted with a different speed (Ord. No. 562, § IX, 5-19-92) limit when the presently existing speed limit sign is removed and a new speed limit sign reflecting a Secs. 18-47-18-75. Reserved. posted speed of 30 miles per hour is erected. (Ord. No. 642, § 4, 9-5-95) ?ARTICLE III. SPEED* Sec. 18-79. Limits on certain streets and highways. Sec. 18-76. Reasonable and prudent limit— The prima facie maximum reasonable and pru- Generally. dent speed for travel on the portions of the streets It shall be unlawful for any person to drive or or highways designated in this section shall be operate a vehicle on a street or highway within the speed in miles per hour (mph) designated as the city at a speed greater than is reasonable and follows, provided that an appropriate sign giving prudent under the circumstances then existing. notice thereof is erected: (Ord. No. 642, § 2, 9-5-95) Speed Limit Sec. 18-77. Same—Excess prima facie evi- Street (mph) dence of violation. North White Chapel Boulevard from F.ivl. 1709 to the north end Any speed in excess of the prima facie maxi- of North White Chapel Boule- mum reasonable and prudent speed limit estab- vard 40 lished by ordinance for the location shall be prima F.M.1938(Davis Boulevard)from facie evidence that the speed is not reasonable mile point 0.000 south 0.892 mile and prudent and that it is unlawful. to mile point 0.0892 45 (Ord. No. 642, § 3, 9-5-95) (Ord. No. 642, § 5, 9-5-95) Sec. 18-78. Same—Enumeration of safe Sec. 18-80. Limits for school crossing zones. speed; exceptions. The prima facie maximum reasonable and pru- The prima facie maximum reasonable and pru- dent speed for travel upon any street or highway dent speed on the portion of the streets or high- within the city shall be 30 miles per hour, except: ways designated in this section shall be the speed in miles per hour designated, between 7:00 a.m. (1) Upon S.H. 114 and F.M. 1709; and 9:00 a.m., both inclusive, and 2:00 p.m. and (2) Upon streets and highways with a speed 4:00 p.m.,both inclusive,Monday through Friday, limit otherwise established by the state; when school is in session,provided that an appro- priate sign giving notice of such speed zone is •State taw reference—Speedrestrictions,V.T.CA,Trans- erected. The reduced speed limits established in portation Code§545.351 et seq. this section shall only be enforced between the CD18:9 5H-8 C 13-80 SOUTHI.AKE CITY CODE signs which are erected designating the begin- School Speed ning and end of each school crossing zone.It shall Crossing Zone Street Limit be an affirmative defense to a charge of exceeding the prima facie ma.-dmum speed established as Claredon School 1000 Block N.White follows that the day in question was a day when Chapel Boulevard there were no classes in session at the nearest through 1400 Block school: Chapel school: Boulevard 20 School Speed Montessori Scheel 1000 Block E.High- Crossing Zone Street Limit land to Intersection with S.H. 114 20 Carroll Intermedi- 1000 Block N. Car- (Ord. No. 6-2, 3 6, 9-5-95) ate roll Avenue through 1500 Block N. Car- roll Avenue 20 Sec. 18-81. Revision of limits;procedure. Johnson Elemen- 1000 Block N. Car- tary roll Avenue through 1500 Block of N. The speed limits, as established in this article, Carroll Avenue 20 may be revised from time to time by ordinance Carroll Middle 2100 Block N. Car- adopted by the city council. The director of public School roll Avenue through works is hereby authorized to conduct engineer- 2600 Block N. Car- ing and traffic investigations and studies to de- roll Avenue 20 termine prima facie maximum speed limits which 800 Block E. Dove are reasonable and safe on roadways within the through 1300 Block city limits and to make recommendations to the E. Dove 20 city council concerning speed regulations and traffic control devices. Carroll High School 100 Block S. (Ord. No. 642, § 7, 9-5-95) Peytonville through 300 Block S. Peytonville 20 Sec. 18-82. Erection and maintenance of Carroll Elementary 900 Block S. signs; inventory. PeytonvWe to Con- tinental Boulevard 20 1300 Block W.Con- The director of public works is hereby directed tinental through to ensure that appropriate signs are erected and 2200 Block W.Con- maintained giving notice of adopted speed limits, tinental 20 and the times and location in which a reduced through Johnson speed limit within a school crossing zone is in Florence Elemen- 3000 effect. The director of public works shall file a tary Road through 200 written inventory with the city secretary of all Black Johnson Road 20 locations in the city at which signs have been Durham Elemen- 500 Block Shady erected indicating a speed limit other than 30 tary Oaks Drive through miles per hour. Hereafter, whenever speed limits 1100 Block Shady are revised by the city council and the director of Oaks Drive 20 public works erects and installs any sign indicat- 3000 Block Johnson ing a new speed limit at any location in this city, Road through 3200 he shall file an updated inventory with the city Block Johnson Road 20 secretary. The city secretary shall file and main- tain such inventory among the official papers of the office of the city secretary. (toe (Ord_. No. 642, § 8, 9-5-95) CD18:10 5H-9 Amendments to the City Code, Chapter 18, Article III, Section 18-80: (The revisions are in bold type) School Crossing Zone Street Speed Limit(mph) Carroll Elementary From the 989 1000 Block of S. Peytonville to the intersection with Continental Blvd. 20 From the 4-389 1600 Block of W. Continental Blvd. through the 24W 1900 Block of W. Continental 20 Carroll High School From the 100 Block of S. Peytonville through the 4W 400 Block of S. Peytonville 20 Carroll Intermediate From the 1000 Block of School and Johnson N. Carroll Ave. through Elementary School the 1500 Block of N. Carroll Ave. 20 From the 1300 Block of E. Highland to the inter- section with N. Carroll Ave. 20 Carroll Junior From the 600 Block of High School N. White Chapel Blvd. through the 1100 Block of N. White Chapel Blvd. 20 Carroll Middle From the 2449 2200 Block School of N. Carroll Ave. through the 2600 Block of N. Carroll Ave. 20 From the 9W 900 Block of E. Dove through the 4-300 1100 Block of E. Dove 20 The Clariden School From the 44)91200 Block of N. White Chapel Blvd. through the 44GO 1300 Block of N. White Chapel Blvd. 20 5H-10 r Durham Elementary From the 500 Block of School Shady Oaks Dr. through the 4499 900 Block of Shady Oaks Dr. 20 Florence Elementary From the 3999 2500 School Block of Johnson Rd. through the 9299 3100 Block of Johnson Rd. 20 From the 200 Block of Harrell Dr. to the inter- section with Johnson Rd. 20 Montessori School From the 1000 Block of E. Highland St. to the intersection with S-U 3 3 T N. Carroll Ave. 20 Rockenbaugh From the 100 Block of Elementary School Byron Nelson Pkwy. through the 600 Block of Byron Nelson Pkwy. 20 5H-11 City of Southlake,Texas MEMORANDUM January 15, 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Authorization to advertise for bids for the installation of a "closed loop" signal system along FM 1709 Action Requested: City Council authorization to advertise for bids for the installation of a "closed loop" signal system along FM 1709 from Pearson Lane to Commerce Street. Background Information: During late 1997 and early 1998, a FM 1709 Traffic Signal Study confirmed that the signals along FM 1709 should and could be coordinated by means of a centralized computer system. On June 2, 1998, the City Council authorized the Mayor to enter a professional services agreement with Lee Engineering for the design of FM 1709 signal timing and capacity improvements. During the summer months a signal-timing plan was designed by Lee Engineering and submitted to TxDOT for synchronizing the traffic signals along FM 1709 to provide optimum progression. TxDOT then re-timed the signals to provide the synchronization of the signals. The controllers at each intersection are on their own clock and work independently. To make this synchronization function properly the signals need to be linked together and monitored and controlled by a computer at a remote site. In other words, a "closed loop" signal system. Lee Engineering has completed the plans for the construction and installation of the "closed loop" signal system including all existing and proposed traffic signals from Pearson Lane to Commerce Street. Financial `3 Considerations: Funding for these improvements was allocated in the 1998-99 CIP. The preliminary engineer's estimate of probable cost is kw $80,000. 5H ir:� }tri Citizen Input/ Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Plans will be submitted to TxDOT for their review and approval prior to bidding. Supporting Documents: FM 1709 Map Exhibits Staff Recommendation: Place consideration of authorizing the advertisement of bids for installation of a "closed loop" signal system along FM 1709 on the January 19, 1999 City Council agenda. 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'=,:'.:.: s City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 731, 1st Reading, Revising Chapter 5, Article V, "Sexually Oriented Businesses" (SOB) of the Southlake City Code (1996) and Amending the Comprehensive Zoning Ordinance, No. 480, as amended ! i _ I Action Requested: City Council consideration of Ordinance No. 731 on first reading. ! Background Information: This item is before the City Council to revise regulations of Sexually Oriented Businesses found in Chapter 5, Article V, "Sexually Oriented Businesses" (SOB) of the Southlake City Code (1996) and to amend the Comprehensive Zoning Ordinance, No. 480, as amended, to establish Sexually-Oriented Businesses as permitted uses within certain districts. There is currently a moratorium in place and is due to expire on February 13, 1999. Recall that the original 93-day moratorium (Resolution 98-28) became effective on April 21, 1998 and was extended another 180 days by Resolution No. 98-59 until the February 13, 1999 date. The draft ordinance was patterned after the Dallas City Code regarding sexually-oriented businesses. y Financial j Considerations: None Citizen Input/ Board Review: Planning and Zoning Commission held a Public Hearing on this item on January 7, 1999 and approved the item (6-0) per the following: subject to the minor revisions recommended by Staff and to allow Sexually Oriented Businesses in Section 26, "I-1, Light Industrial District" and Section 27, "I-2, Heavy Industrial District of the Comprehensive Zoning Ordinance No. 480, as amended. Legal Review: City Attorney Analeslie Muncy prepared the attached ordinance. See her attached table which compares the current Dallas Code with Ordinance No. 731. Alternatives: Not applicable. 51- I i Ordinance No. 731 Presentation City Council Meeting (1-19-99) Page Four establishment from touching the other person or the clothing of that individual while "exposing a specified anatomical area." Section 8 makes minor wording changes to the additional regulations for adult theaters and adult motion picture theaters. Section 9 adds three new subsections to the Southlake City Code (1996): 1)"additional regulations for all sexually-oriented businesses"-- a) no restroom may contain sexually- oriented materials or be used for sexually-oriented activities and b) a list of all employees, their updated applications and some form of photo identification required to be available on premises; 2) regulations for"exterior portions of sexually-oriented businesses"--no merchandise or activities can be visible from any point outside the establishment; no flashing lights, lettering, photographs, silhouettes, drawings, or pictorial representation, except as provided in the article; exteriors to be painted single achromatic color(grays, tans, or light earth tones) unless part of a commercial multi- unit center and each individual unit is painted the same color as another or in such a wav as to achieve an overall architectural style or pattern of the entire commercial multi-unit center; and provides that painting not be required if the exterior is otherwise unpainted; and provides that lawfully operated establishments are not required to meet these standards until alterations, repairs; remodeling or repainting more than 50% of the exterior are performed within any 12-month period. 3) Sign requirements--establishes special sign regulations for sexually oriented businesses by prohibiting certain graphic representations on their signs and limiting the number of phrases describing the type of service or entertainment being offered. Since the P & Z meeting, the names of the types of signs were changed: from primary to monument from secondary to attached- from entry to entrance, as well as the size and dimensions to better conform with the currently adopted sign ordinance. Note the minimum lighting intensity of five footcandles (measured at ground level) required in all parking and outdoor pedestrian areas for safety and enforcement reasons as compared to the current corridor and residential adjacency provisions which establish a maximum of 0.2 of one footcandle (measured at the property line). Section 10 makes it a Class A misdemeanor offense for operators of nude model studios and sexual encounter center who violate the locational(distance separation) requirement and who fail to possess a valid license to operate. Section 11 establishes two new subsections which provide additional licensing criteria for the deputy director of police services when issuing SOB licenses. Section 12 revises and adds new procedures for the deputy director of police services to follow when processing appeals of denial, revocation, or suspension of SOB licenses. Section 13 amends the comprehensive zoning ordinance to establish sexually-oriented businesses as P g Y permitted uses by right in Section 26, "I-1, Light Industrial District" and Section 27, "1-2, Heavy Industrial District." 5J-6 Ordinance No. 731 Presentation City Council Meeting (1-19-99) Page Five Section 14 amends Section 4 of the comprehensive zoning ordinance to add a definition of sexually- oriented business as defined in Section 5-166 of the Southlake City Code. Sections 15 - 20 are standard boilerplate. Recommendations It is therefore recommended that the City Council of the City of Southlake, Texas upon a recommendation of the Planning and Zoning Commission: • Adopt revisions to its currently adopted regulations for sexually-oriented businesses and licen in; requirements for such uses in order to lessen certain negative secondary impacts associated with these uses; (such as, increased crime, decreased property values, spread of urban blight, diminished quality of life, spread of sexually-transmitted diseases) as referenced in the report; and • Continue utilizing the dispersement method of regulating SOBS, but changing the currently adopted 500-foot minimums acing requirement between sexually-oriented businesses to 1 000' between-sexually-oriented businesses due to the finding that concentrations of sexually-oriented businesses within a community have a serious, deleterious physical, social and economic effect on surrounding areas; and • Maintain the currently adopted 1 000-foot minimum spacing requirement between a sexually- oriented business and a church or synagogue: a school; a boundary of a residential district a park: and the property line of a lot devoted to a residential use given the serious public safety hazard documented in the aforementioned studies; and • Add additional protected areas to the 1 000-foot minimum spacing requirement between sexually_ oriented businesses and a child care facility, a hospital}and "the boundary of a Corridor Overlay Zone established in the Comprehensive Zoning Ordinance or within any Corridor Overlay Zone" given the City of Southlake's purpose and intent when adopting corridor overlay zone(s) provisions. The purpose of establishing these overlay zones was "to provide for consistent development of office, retail, commercial, and residential areas along the major traffic corridors through the city" and through comprehensive planning efforts create elements of uniform urban design that mirror the residential quality of the city;" and • Amend the Comprehensive Zoning Ordinance No 480 as amended to establish Sexuall - Oriented Businesses as permitted uses in the"I I" and "I-2" Industrial Districts as recommended by the Planning and Zoning Commission due to the very nature of these districts being less impacted by the blighting influences that are inherent in SOB operations; and • That these amendments not impose limitations or restrictions on the content of any sexually'_ oriented materials; and 5J 7 Ordinance No- 731 Presentation City Council Meeting (1-19-99) Page Six • That these amendments not restrict or deny access by adults to sexually-oriented materials protected by the First Amendment; and • That these amendments not deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market; and • That these amendments still leave reasonable alternative locations for sexually-oriented businesses to locate within the municipal boundaries of Southlake. L.�CO%iDEV%%T-FILESZBAlhf ISC\SOB\PP ESEtv7.WPD 5S- 8 4 1 ORDINANCE NO. 731 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE V, "SEXUALLY ORIENTED BUSINESSES" OF THE SOUTHLAKE CITY CODE (1996), AND THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED; PROVIDING DEFINITIONS; PROVIDING ADDITIONAL LOCATIONAL RESTRICTIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING ADDITIONAL REGULATIONS APPROPRIATE TO DIFFERENT TYPES OF SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR SIGNS AND BUILDING EXTERIORS; PROVIDING FOR APPEALS; PROVIDING FOR AMORTIZATION OF NONCONFORMING SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; 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 is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 243.007 of the Local Government Code authorizes cities to adopt regulations concerning the licensing and permitting of sexually oriented businesses; and WHEREAS, the City of Southlake further has broad home rule powers to regulate sexually oriented businesses; and WHEREAS, Section 243.001(b) of the Local Government Code does not diminish the authority of a municipality to regulate sexually oriented businesses with regard to any matters; and WHEREAS, the twenty-first amendment to the United States Constitution delegates broad powers to the states to regulate alcoholic beverages; and WHEREAS, Section 109.57(d) of the Texas Alcoholic Beverage Code allows a municipality to regulate the location of sexually oriented businesses; and (01-15-99) Page 1 51-9 t WHEREAS, the city council of the City of Southlake, Texas, heretofore adopted reg ulations restricting the location of sexually oriented businesses within the City of Southlake based upon studies, reports, and findings regarding the harmful effects of sexually oriented businesses on surrounding land uses; and WHEREAS, the city has carefully studied the regulation of sexually oriented businesses as adopted into the Dallas City Code; and WHEREAS, studies, reports, and findings conducted by the cities of Austin, El Paso, and Indianapolis regarding the harmful effects of sexually oriented businesses on surrounding land uses have been presented to and reviewed by the city council; and WHEREAS, studies, reports, and findings conducted by the cities of Los Angeles, Las Vegas, Houston, Amarillo, and Beaumont were presented to the city council and made part of the public record; and WHEREAS, the city finds that churches, synagogues, licensed child-care facilities, parks, and schools are centers of family oriented activities and therefore enhance the quality of life in surrounding areas; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on surrounding land uses, causing increased crime and the downgrading of property values; and WHEREAS, the city council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and WHEREAS, convincing documented evidence regarding the physiological and sexual distinctions between male and female breasts has been reviewed; and (01-I5-99) Page 2 5 J-- I o 1 i WHEREAS, the city council finds that sexually oriented businesses are frequently used for activities such as prostitution or sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and WHEREAS, the city council finds that these amendments will promote the public health, safety, morals and general welfare of the citizens of the city; and WHEREAS, the city council finds that these amendments have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor do these amendments have the effect of restricting or denying access by adults to sexually oriented materials protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and WHEREAS, the city council further finds that the adoption of these amendments will leave available reasonable alternative areas for the location of sexually oriented businesses; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Southlake on the 7' day of January, 1999, and by the City Council of the City of Southlake on the 2nd day of February, 1999, with respect to the regulations in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended by adding Section 5-165 to read as follows: "Sec. 5-165, Adoption of preamble. The findings contained in the preamble of Ordinance No 731 adopting this article are determined to be true and correct and are adopted as a part of this article." (01-15-99) Page 3 5J- i i L SECTION 2. Section 5-166, "Definitions," of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: "Sec. 5-166. Definitions. In this article: , have the nribcd to them in this section, except where the context clearly indicate Achromatic means colorless or lacking in saturation or hue. The term includes. but is not limited to. gmv_s. tans. and light earth tones. The term does not include white. black. or any bold coloration that attracts attention. Adult arcade means any place to which the public is permitted or invited wherein coin- operated, slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Adult bookstore or adult video store means a commercial establishment which as one of its principal business purposes openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: 1 books magazines periodicals or other printed matter, orphotographs, films, O C � P P motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or (2) instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. Adult cabaret means a commercial establishment which regularly features the offering to customers of live entertainment that: (1) is intended to provide sexual stimulation or sexual gratification to the customers ; n (2) is distinguishedcharacterized by an emphasis on matter depicting simulating describing or relating to specified anatomical areas or-by specified sexual activities_;or (3) film, motion pictures, video casseftes, slides, or other JJhOtOgLaph Leprod=dons which are CI=XtCrized by the depiction or description of specified Sexual activi o, specified amtomical areas. Adult motel means a hotel, motel or similar commercial establishment which: (1) offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; Qr (2) offers a sleeping room for rent for a period of time that is less than JQ-tea hours; or (3) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than LQ-tea hours. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult theater means aJ theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. ,ppikant means an individual juatutal person and, as of the date of an application, each Iq4- qqI'-L_0J. CtFaItT ISIL ttion and, With Lespect to a corpotation, each officer and owne, of 26 percent orinULe of stock of I such which intends to estabfish or overate ehief of PdHce means the deputy dilector of police services or his designated age Child-care facility means a facility licensed by the State of Texas to provide child care Church or Synago ous gue mean. a building in which persons regularly assemble for religi worship and activities primarily for purposes connected with such worship or for propagating a particular form of religious belief. Comprehensive Toning ordinance means the comprehensive zoning ordinance of the city, as it is amended from time to time. Customer or Patron means any person who: (1) is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity: or (2) enters a sexually oriented business and purchases rents or otherwise partakes of any merchandise goods entertainment or other services offered: or (3) is a member of and on the premises of a sexually oriented business operating as a private club. Dgpulp director of police services means the head of the city's police division of the department of public safety or his representative F, plovee means a person who renders any service to the customers of a sexually oriented business or who works in or about a sexually oriented business and who receives compensation (01-15 99) Page 5 51- 13 for the service or work from the operator or owner of the sexually oriented business or from its customers. Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort agency means a person or business association who, for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish escorts as one of its principal primary business purposes. Establishment means any of the following: (1) the opening or commencement of any sexually oriented business as a new business; - (2) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) the addition of any sexually oriented business to any other existing sexually oriented business; or (4) the relocation of any sexually oriented business. Licensee means a person in whose narnt an appficant who has been issued a license to operate a sexually oriented business has been issued. as well as all individuals listed as applicants on the application for a license. Love parlor means an establishment that is operated for the purpose of giving massages at the establishment or on a home call basis that are intended to provide sexual stimulation or sexual gratification in combination with a massage. Nude model studio means any place where a person who appears in a state of nudity or seminadity displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nudity or state of nudity means: (1) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or (2) a state of dress which fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is below a point immediately above the top of the areolaof the female breas . Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be o rating or causing to be operated a sexually oriented business whether or not that person is an owner part owner licensee or manager of the business (01-15-99) Page 6 5T- I`F Park means: C" 1) any land dedicated toand/or maintained by the city. Tarrant County. binton County, the State of Texas or any state or federal agency for traditional park-like recreational purposes: or (2) any land owned and maintained by a developer homeowners' association or trustee for traditional park-like recreational purposes and which is dedicated on a plat in lieu of public park dedication requirements in accordance with the city's subdivision ordinance Person m in individual. proprietorship partnership corporation association. or other legal entity- Princjpal means over 25 percent of customers volume of sales, stock in trade display areas or presentation time in any -three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including but not limited to those that are identical considered a separate title or object. Residential district means a district zoned for residential uses under the comprehensive zoning ordinance. Residential use means a single family home two-family home mobile/modular home manufactured home or multiple family dwelling as defined in the comprehensive zoning ordinance. School means any public or private nursery preschool, day care center, 1 , elementary or secondary school. supportingSeminude ineans a state of dress in which 6othing covers no more than the genitals, p IC61011, and areola of the feniale breast, as well as portions of the body covered by straps or devices._ Sexual encounter center means a business or commercial enterprise that, as one of its pbrinnqiMpal-primary business purposes, offers for any form of consideration: (1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity dity. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, love parlor. nude modeling studio,-or sexual encounter center. or other commercial enterprise. the principle business of which is the offering of a service or the selling. renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers. and which is characterized by the depiction or description of specified sexual activities or specified (01-15-99) 5 5- 15 Page t anatomical areas. or-whose employees or customers appear in a -state of nudity. The term "sexually oriented business" shall not be construed to include: (1) Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions; (2) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; (3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or (4) - Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university. Sign means any display design pictorial or other representation that is (1) constructed placed attached painted erected fastened or manufactured in any manner so that it is visible from the outside of a sexually oriented business: and (2) used to seek the attraction of the public to any goods services or merchandise available at the sexually oriented business. Specified anatomical areas means_ (1) any of the following. or any combination of the following, when less than completely and opaquely covered: (A) any human genitals,,_pubic region, or pubic hair: (B) any buttock: or (C) any portion of the female breast or breasts that is below a point immediately above the top of the areola: or M human male genitals in a discernibly erect state, even if completely and opaquely coveredof sexual arousal. Specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,-or sodomy, or bestiality; (01-15-99) Page 8 5T I� (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition. Substantial enlargement means, with respect to a lawfully operating sexually oriented business, the increase in floor area occupied by the business by more than 25 percent, as the floor area exis�sts on the effective date of Ordinance No._399 or February 2. 1999. whichever i applicable. Transfer of ownership or control means, with respect to a sexually oriented business, any of the following: (1) the sale, lease,-or sublease of the business; (2) the transfer of securities or other ownership interest which constitute a direct, indirect, legal, equitable or beneficial controlling interest in the business, whether by sale, exchange, or similar means; or (3) the establishment of a trust, gift, or other similar legal device which transfers the direct, indirect, legal, equitable, or beneficial ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control, to a person meeting all of the requirements of Section 5-197, who shall have notified the deputy director of police-public services of the transfer and furnished all of the information required to be submitted in an application for a license, within 60 days of the transfer." SECTION 3. Section 5-168, of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: "Sec. 5-168. Classification. Sexually oriented business is defined and classified as any commercial establishment operating in the city, in whole or in part, as any one or more of the following: (1) Adult arcade; (2) Adult bookstore or adult video store; (3) Adult cabaret; (4) Adult motel; (aw (5) Adult motion picture theater; (6) Adult theater; (01-15-99) Page 9 Q- �� (7) Escort agency; (8) Love parlor: (2)—Nude model studio; and M-M Sexual encounter center." SECTION 4. Subsection 5-169(b), of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: "(b) A person who operates a-sexually oriented business; or the person's-whose agent or employee operates-ft SaMe, commits an offense if the person or the person's agent or employee refuses to permit a lawful inspection of the premises by a representative of the-suer departments described in Subsection (a) at any time it is occupied or open for business." SECTION 5. Section 5-170, "Location of sexually oriented businesses," of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: Sec. 5-170. Location -- Restrictions. (a) A person commits an offense if the person-he establishes. operates, or expands, or causes to be established, operated, or expanded, a sexually oriented business within 1,000 feet (without regard to city boundaries) of: (1) a church or synagogue; (2) a school; (3) a boundary of a residential district as defined in the comprehensive zoning ordinance, as amended, of the city; (4) a-pubic park;--or (5) the property line of a lot devoted to a residential usei (6) the boundary of a corridor overlay zone established in the comprehensive zoning ordinance, or within any corridor overlay zone: (7) a hospital: or (8) a child-care facility. (01-15-") 5T- 8 Page 10 (b) A person commits an offense if the person causes or permits the operation; Qr establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented businessimatcd within 1(QQQ-506 feet of another sexually oriented business. (c) A person commits an offense if the person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business building; 9r structur , , or the increase of floor area of any sexually oriented business in any building Qt, structure, or portion. thereof containing another sexually oriented business. (d) For the purposes of Subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as-pmt-of the premises where a sexually oriented business is conducted, to the nearest property line of the--premises of a church. synagogue.-or school, hospital. or child- care facility, or to the nearest boundary of an affected public park, residential district, or residential uag! o . (e) For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (f) Any sexually oriented business lawfully operating on the effective date of Ordinance No. -399,1dopting amendments to Article V. that is in violation of the locational requirements of Subsection (a)(6). (7), or 8). or (b)-or(c) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or alteredi except, that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1000-506 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming. (g) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue. school,-public park, residential district,-or residential ue-iat,hospital. or child-care facility within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. (h) A sexually oriented business established on or after the effective date of Ordinance No. M-399, adop g amendments to Article V. shall be located only within the districts-so permitted by, and shall conform in with,, the requirements of the comprehensive zoning ordinance of the city as well as this Article V - as such comprehensive zoning oidinance of the city Ce as such compiehens' . - rdfirmce may, from time to time, be =ended. (jNothing contained in this article shall be construed to limit the amortization of a nonconforming sexually oriented business under the comprehensive zoning ordinance " . . (01-15-99) r�_ 15 Page 11 SECTION 6. Section 5-173, "Additional regulations for nude model studios," of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: Sec. 5-173. Additional regulations for nude model studios. (a) A person commits an offense if the person employs at a nude model studio-shafl-not emglop any person under the age of 18 years. (b) A person under the age of 18 years commits an offense if jh! r7 h person appears in a state of nudity OL seLninud#y in or.on-the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under the age of 18 years was in a restroom not open to.public view or persons of the opposite sex. (c) A person commits an offense if tle-sueh person appears in a state of nudity-or simufated nudity,or knowingly allows another to appear in a state of nudity OL senfilludity, in an area of a nude model studio premises which can be viewed from the public right-of-way. (d) A person commits an offense if the person places or perrni not place Or PCLni a bed, sofa, or mattress in any room on the premises of a nude model studio except that a sofa may be placed in a reception room open to the public. (e) A licensee or an employee of a nude model studio commits an offense if the licensee or employee permits a customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area excluding restrooms. (f) An employee of a nude model studio while exposing a specified anatomical area commits an offense if the employee touches a customer or the clothing of a customer. (g) A customer at a nude model studio commits an offense if the customer touches an -employee or the clothing of an employee who is exposing a specified anatomical area " SECTION 7. Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended by adding a new Section 5-173.1 to read as follows: "Sec. 5-173.1. Additional regulations for adult cabarets. (a) An employee of an adult cabaret. while exposing any specified anatomical areas. commits an offense if the employee touches a customer or the clothing of a customer. (b) A customer at an adult cabaret commits an offense if the customer touches an employee or the clothing of an employee who is exposing a specified anatomical areas. (01-15-99) 5T 2 0 Page 12 (c) A licensee or employee of an adult cabaret commits an offense if the licensee or visibleemployee j&rmits; a=omer access to an area of the premises not e station or not visible by a walk through of the premises without entering a closed area excluding, restrooms." SECTION 8. Section 5-174, "Additional regulations for adult theaters and adult motion picture theaters," of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: "Sec. 5-174. Additional regulations for adult theaters and adult motion picture theaters. (a) A person commits an offense if the person-he knowingly allows a person under the age of 18 years to appear in a state of nudity or simulated rmdity in or on the premises of an adult theater or adult motion picture theater.-- (b) A person under the age of 18 years commits an offense if the person-he knowingly appears in a state of nudity or sit=lated nudity in or on the premises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under Subsections (a) and (b) of this section if the person under the age of 18 years was in a restroom not open to public view or persons of the opposite sex. SECTION 9. Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended by adding new Sections 5-176.1, 5-176.2, 5-176.3 to read as follows: "Sec. 5-176 1 Additional regulations for all sexually oriented businesses (a) Public and employee restrooms in a sexually oriented business shall not at an,,time contain or be used for sexually oriented business activity, video reproduction equipment or sexually oriented merchandise. (b) A.person who operates a sexually oriented business or his agent or employee commits an offense if the me son operates the establishment without maintainingon the premises. a current list of all employees employed by the business. along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card. or passport. all with a photograph. "Sec. 5-176.2. Exterior portions of sexually oriented businesses. (a) A licensee of a sexually oriented business commits an offense if the licensee allows: (01-15-99) 5 T 2 1 Page 13 (1) the merchandise or activities of the establishment to be visible from any point outside the establishment_ (2) the exterior Portions of the establishment to have flashing lights or any words lettering Photographs silhouettes, drawings or pictorial representations of any manner exce..pt to the extent permitted by this article: or (3) the exterior portions of the establishment to be painted any color other than a single achromatic color, except that this Paragraph (3) does not apply to an establishment if the following conditions are met: (A) the establishment is a part of a commercial multi-unit center: and (B) the exterior portions of each individual unit in the commercial multi- unit center including the exterior portions of the establishment are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style le or pattern of the commercial multi-unit center. (b) Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business (c) The exterior of any sexually oriented business lawfully operating on February 2 1999 is not required to comply with Subsections (a)(2) and (a)(3) of this section until alterations repairs remodeling and repainting that cumulatively affect more than 50 percent of the exterior are performed on the sexually oriented business during any 12-month period." Sec. 5-176.3. Sign Requirements (a) Notwithstanding any provision of any other city ordinance code or regulation to the contrary, the licensee of a sexually oriented business or any other person commits an offense if the licensee or person erects constructs. or maintains an exterior sign on the premises of the establishment other than one monument sign. one attached sign and entrance signs as provided in this section. (bl A monument sign may have no more than two display surfaces Each display surface must: (1) not contain any flashing lights: (2) be a flat plane rectangular in shape: (3) not exceed 50 square feet in area: (4) not exceed 4 feet in height or 10 feet in length: and (5) meet all other requirements of the city's sign ordinance (01-15-99) 5 J 2 2 Page 14 (c) An attached sig=ay have only one display surface The display surface must: (1) not contain arty flashing lights: (2) be a flat plane rectangular in shape: (3) not exceed 20 square feet in area or 0.75 square feet for every foot of building, width whichever is more restrictive: (4) not exceed five feet in height or four feet in width: (5) be affixed or attached to a wall or door of the establishment• and (6) meet all other requirements of the 61y's sign ordinance (d) A monument or attached sign shall not contain photographs silhouettes drawings or pictorial representations of any kind and may contain only; (1) the name of the establishment: and/or (2) one or more of the following_phrases: (A) Adult arcade: (B) Adult bookstore: (C) Adult video store: (D) Adult cabaret: (E) Adult motel: (F) Adult motion picture theater: (G) Adult theater: (H) Escort agency; a) Love parlor: (1) Nude model studio: or (K) Sexual encounter center. (e) In addition to the phrases listed in Subsection (d)(2) of this section. a monument sign for an adult motion picture theater may contain the phrase. "Movie Titles Posted on Premises". (01-I5-99) .5`-- 23 Page 15 (fl Each letter forming a word on a monument or attached sign must be of a solid color. and each letter must be the same print-type size and color. The background behind the lettering on the display surface of a monument or attached sign must be of a uniform and solid color. (g) Notwithstanding the sign requirements of this section and Section 5-176 2 an, sign lawfully existing on the premises of a lawfully operating sexually oriented business on February 2. 1999. may continue to be maintained on the premises unril (1) the sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business: or (2) the city requires removal relocation or recon truction of the sign in accordance with applicable city ordinance or state law. (h) In addition to other signs placed by a licensee a sexually oriented business shall at all times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement: "THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES (description of the type of activity licensed to be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or "NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY." if alcohol is servedl. (i) During hours of darkness when a sexually oriented business is in operation all required parking and all outdoor pedestrian areas on the premises of the sexually oriented business shall be lighted to an intensity of not less than five footcandles measured at ground level." SECTION 10. Subsections 5-180(a) and (b), of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: "(a) Except as provided by Subsection(b) of this section, any person violating of this article offier dran Section 5-170, upon conviction, is punishable by a fine not to exceed $2000.00 for each offense. (b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of Section 5-170 or 5-196(a) is punishable as a Class A-$ misdemeanor." (01-15-99) s J-2 1 Page 16 �. SECTION 11. Section 5-197, "Issuance," of Article V, "Sexually Oriented Businesses," of Chapter 5, 'Businesses," of the Southlake City Code (1996), is amended by adding Subsections (d) and (e) to read as follows: "(d) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection (a)(10)a may qualify for a sexually oriented business license only when the time period required by Subsectig� (a)(10)b has elapsed. (e) The depu-ty director of olice services, upon approving issuance of a sexually oriented business license, shall send to the applicant. by certified mail. return receipt requested. written notice of that action and state where the applicant may obtain the license. Approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has obtained possession of the license." SECTION 12. Section 5-202, "Appeal of revocation or suspension," of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows: Sec. 5-202. Appeal of denial, revocation,, or suspension. (a) 'If the deputy director of police services denies the issuance of a license, or suspends or revokes a license, the deputy director of police services shall give send to the applicant or ficensee, by certified maif, return receipt reqtt written notice to the applicant or licensee of such actionand notice of the right to an appeaL (b) The notice shall provide that the denial of issuance, suspension. or revocation shall take effect at the expiration of the third working day after notification unless the licensee provides a written response to the deputy director of police services before the expiration of the third working dam (c) If a written response from the applicant or licensee is received by the deputy director of police services before the expiration of the third working day the suspension denial of issuance or revocation will be stayed pending a decision by the deputy director of police services The deputy director of police services shall review the response before the rendering of a decision. (d) The deputy director of police services shall give written notice of this decision to the applicant or licensee. (e) The decision by the depuly director of police services is effective immediately and final pending any appeal. (f) Notice may be delivered by (01-15_99) 5 T- 26 Page 17 (1) hand delivery to a licensee, owner. or employee of the establishment: or (2) posting of the notice at the usual business entrance of the establis ment• or (3) certified mail return receipt requested to the address listed in the license application for receipt of notice. (g) U n receipt of written notice of the denial suspension or revocation the licensee whose application for a license has been denied or whose lice .e has been suspended or revoked shall have the right to appeal to an appropriate court. (h) An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the dep-Mly-director of police services. (i) The licensee or applicant shall bear the burden of proof in a court appeal. councif by fifing an appeaf with the city secretary within ten days of the receipt of the noike orf such denial, suspension oi irevocation. The fifing of an appeaf stays ffie action of the deputy director of police servi nding or revoking a ficersc, and the city councii shall ni fimf decision with respect to such deniaf, susp iocation. f f within a tm-day pe,The aggrieved party the decision of the deptity director of police services to the city the deptity director of police services stispe s, revokes ot denies issiLlance of any other fice of an individual operating a sexualfy oriented business at the same loc"ation, then the eity com may consolidate the request for appeals, if=y, of those actiom into OJL= appeak. SECTION 13. Section 26, "Light Industrial District," and Section 27, "Heavy Industrial District," of the comprehensive zoning ordinance are hereby amended to allow sexually oriented businesses as a permitted use in the 1-1" and "I-2" zoning districts. SECTION 14. Section 4, "Definitions", of the comprehensive zoning ordinance is hereby amended by adding a defmition of"sexually oriented business" to read as follows: "SEXUALLY ORIENTED BUSINESS - an establishment as defined in Section 5-166 of the City Code." SECTION 15. 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 (01-15-99) Page 18 -ST- 2 the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 16. 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 17. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Article V, Chapter 5 of the Southlake City. Code,as amended, or any other ordinance or code provision affecting sexually oriented businesses 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 18. 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 19. 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 (01-15-99) 2-7 Page 19 - 5 - 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 20. 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 THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney \Southlak6ordinanceksob2 (01-15-99) T- 2 8 Page 20 l 15-148 SOUI7ELeIKE,CrrY CODE Secs. 5-148-5-165. Reserved. (2) Live performances which are character- ized by the exposure of specified anatomical areas or by specified sexual activities; or ARTICLE V. SEXUALLY ORIENTED (3) Films,motion pictures,video cassettes, BUSINESSES' slides,or other photographic reproductions which are characterized by the depiction or description DIVISION 1. GENERALLY of specified sexual activities or specified anatom- ical areas. Sec. 5-166. Definitions. Adult motel means a"hotel, motel or similar _ The following words, terms and phrases,when commercial establishment which: used in this article, shall have the meanings ` (1) Offers accommodations to the public ascribed to them in this section,except where the contest clearly indicates a different meaning- for an�orm of consideration and provides pa- trons with closed-circuit television transmissions, Adult arcade means any place to which the films, motion pictures, video cassettes, slides, or public is permitted or invited wherein'coin- other photographic reproductions which are char- operated or slug-operated or electronically, elec- acterized by the depiction or description of speci- trcally,or mechanically controlled still or motion fied sexual activities or specified anatomical ar- picture machines,-projectors, or other image- eas; and has a sign visible from the public right- producing devices are maintained to show images of-way which advertises the availability of this to five or fewer persons per machine`at any one type of photographic reproductions; time, and where the images 'so displayed are (2) Offers a sleeping room for rent for a disting uished or characterized by the depicting or period of time that is less than ten hours; or describing of specified sexual activities or speci- fied anatomical areas. (3) Allows a tenant or occupant of a sleep- Adult bookstore or adult video store means a ing room to subrent the room for a period of time commercial establishment which as one of its that is less than ten hours. principal business purposes openly advertises or Adult motion picture theater means a commer- displays or offers for sale or rental for any form of cial establishment where, for any form of consid- consideration any one or more of the following. eration, films, motion pictures, video cassettes, (1) Books,-magazitres, periodicals or other slides, or similar photographic reproductions are printed matter, or photographs, films, motion regularly shown which are characterized by the . pictures, video cassettes or video reproductions, depiction or description of specified sexual achy- slides, or other visual representations which de- ides or specified anatomical areas. pict or describe specified sexual activities or spec- Adult theater means a theater, concert hall, ified anatomical areas; or auditorium, or similar commercial establishment (2) Instruments,devices,or paraphernalia which regularly features persons who appear in a" which are designed for use in connection with state of nudity or seminudity or live performances specified sexual activities. which are characterized by the exposure of spec- ified anatomical areas or by specified sexual ac- Adult cabaret means a nightclub, bar, restau- tivities. - - rant, or similar commercial establishment which J regularly features: Applicant means an individual natural person ` and,as of the date of an application,each inem'�F- (1) Persons whoa appear in a state of nudity �' _:a pPe �' of a partnership or association and, wit or seminudity, to a corporation,each officer and each owner of 20 *State law reference—Authority of city to regulate sex. percent or more of stock of such corporation, ually oriented businesm,VMCA, Local Government Code which intends to establish or operate a sexually; ch.243. oriented business. CD5:10 5 S-2-1 BUMES.S'ES s-166 Chief of police means the deputy director of School means any public or private nursery, police services or his designated agent. preschool, day care center, learning center, ele- mentary or secondary school. Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or Seminude means a state. of dress in which date for another person,or who agrees or offers to clothing covers no more than the genitals, pubic privately model lingerie or to privately perform a region, and areola of the female breast,as well as striptease for another person. portions of the body covered by supporting straps or devices. Escort agency means a person or business asso- ciation who furnishes,_offers=to-furnish,or adver- tises to furnish escorts as one of its primary commercial enterprise that, as one of its primary business purposes, for a fee, tip, or other eonsid- business purposes, offers for any form of consid- eration. eration: (�) Physical contact in the form of wres- Establishment means any of the following. tag or tumbling between persons of the opposite (1) The opening or commencement of any sex; or sexually oriented business as a new business; (2) Activities between male and female per- (2) The conversion of an existing business, sons and/or persons of the same sex when one or whether or not a sexually oriented business, to more of the persons is in a state of nudity or any sexually oriented business; seminudity. (3) The addition of any sexually oriented Sexually oriented business means an adult ar- business to any other existing sexually oriented cade, adult bookstore or adult video store, adult business; or cabaret, adult motel, adult motion picture the- ater, adult theater, escort agency, nude modeling (4) The relocation of any sexually oriented studio, or sexual encounter center. business. Specified anatomical areas means human gen- Licensee means an applicant who has been itals in a state of sexual arousal. issued a license to operate a sexually oriented Specified sexual actiuities means any of the business. - following: - Nude model studio means any place where a (1) The fondling or other erotic touching o: person who appears in a state of nudity or human genitals, pubic region,buttocks, anus, or seminudity or displays specified anatomical ar- female breasts; _. eas,is provided to be observed, sketched, drawn, - painted, sculptured, photographed, or similarly s (2) Sex acts,normal or perverted,actual o: depicted by other persons who pay money or any simulated,including intercourse,oral copulation form of consideration. or sodomy, Nudity or a state of nudity means: (3) Masturbation, actual or simulated;or (1) The appearance of a human bare but: (4) Excretory functions' as part of or iz or-- connection with any of the activities set forth v uck, anus, male genitals, female genitals, or (1}—( subsections 3)of this definition. female breast; or . t (2) A state of dress which fails to opaquely Substantial enlargement means,with respect a sexuall oriented business;the`increase in floo cover a human buttock, anus, male genitals, fe- y male genitals, or areola of the female breast. area occupied by the business by more than' percent, as the floor area exists on the effectiv Person means a natural person or individual. date of Ordinance No. 399. CD5:11 51-30 N; 5-166 SOUTSLAIKE CITY CODE. Transfer of ownership or control means, with studios and sexual encounter centers only. It is respect to a sexually oriented business,any of the the intent of the city council that all other provi- following: sions of this article are promulgated pursuant to (1) The sale,lease,or sublease of the busi- the city Charter and V.T.CA, Local Government ness; Code §§ 54.004 and 215.075. (Ord. No. 399, § 2, 12-1-87) (2) The transfer of securities or other own- State law reference—purpose of statute,vT.cA,Load ership interest which constitute a direct,indirect, Government Code 1243.001. legal, equitable or beneficial controlling interest in the business, whether by sale, exchange, or mac. 5-168. Classification. a similar means; or f Sexually oriented business is defined and clas- (3) The establishment of a trust, gift, or sified as any commercial establishment operating ,in whole or in part,as any one or more M other similar legal device which transfers the in the aof the fbi llbwing. i direct,indirect,legal,equitable or beneficial own- _ ership or control of the business,except for trans- (1) Adult arcade; fer by bequest or other operation of law upon the (2) Adult bookstore or adult video store; death of the person possessing the ownership or control-to a.person meeting all of the require- (3) Adult cabaret; ments of section 5-197, who shall have notified (4) Adult motel; the deputy.director of public services of the trans- fer-andfurnished all of the information required (5) Adult motion picture theater, to be submitted in an applicadon for a license, (6) Adult theater, within 60 days of the transfer. - f (7) Escort agency; (Ord. No. 399, § 3, 12-1-87) t Cross reference—Definitions eenerauy,4 1-2. (8) Nude model studio; and t State law reference•--"Sexually oriented business' de- fined,V.T.CA,Local Government Code J 243.002. (9) Sexual encounter center. (Ord. No. 399, § 4, 12-1-87) Sec. 5-167. Purpose and intent of article. Sec. 5-169. Inspection. (a) It is the purpose of this article to regulate sexually oriented businesses in order to promote (a) At any time it is occupied or open for the health, safety,-moralsr.and general welfare of business, an applicant or licensee shall permit the citizens of the city,and to establish reasonable' representatives of the police services, health de- Partment, fire services'and building inspection and uniform regulations to prevent the continued concentration ofsezuallyoriented businesses within division to inspect the.premises of a sexually. the city.The provisions of this article have neither. oriented business for the purpose of insuring the purpose nor effect of imposing a limitation or. compliance with the law restriction on the content of any communicative (b) A person who operates a sexually oriented materials, including sexually oriented materials. business, or whose agent or.employee operates Similarly,it is neither the intent nor the effect of the same,commits an offense if the person or the this article to restrict or deny access by adults to person's agent or employee refuses to permit a sexually oriented materials protected by the First lawful inspection of the premises by a represen- Amendment,or to deny access by the distributors tative'of such departments at any time it is and exhibitors of sexually oriented entertainment occupied or open for business. to their intended market. (c) The provisions of this section do not apply,_, (b) It is the intent of the city council that the areas of an adult motel which are currently being locational regulations contained in section 5-170 rented by a customer for use as a permanent or are promulgated pursuant to V.T.C.A,Local Gov- temporary habitation. .:. ernment Code ch.243,as it applies to nude model (Ord. No. 399, § 8, 12-1-87) CD5:12 5 T-31 �° BUSH S.SES f'5-i?1 Sec. 5-170. Location—Restrictions. this section shall be deemed a nonconforming use. (a) A person commits an offense if he operates The nonconforming use will be permitted to con- or causes to be o tinue for a period not to exceed one year, unless operated a sexually oriented sooner terminated for any reason or voluntarily business within 1,000 feet of: discontinued for a period of 30 days or more.Such (1) A church; nonconforming uses shall not be increased, en- (2) A school; larged, extended.or altered except that the use. (3) A bound may be changed to a conforming use. If two or boundary of a residential district as more sexually oriented businesses are within 500 defined in the comprehensive zoning ordinance, feet of one another and otherwise in a permissible as amended, of the city; - location, the sexually oriented business which (4) A public park, or was first established and continually operating at (5) The property line of a.lot devoted to a particular location is the conforming use, and residential use. =-the later established business is nonconforming. (b) A person commits an offense if the on pars (g) Asexually oriented business lawfully oper- causes or permits the operation, establishment, ating as a conforming use is not rendered a substantial enlargement,or transfer of ownership nonconforming use by the location,subsequent to or control of a sexually oriented business located the grant or renewal of .the sexually oriented within 500 feet of another sexually oriented busi= business license, of a church, school, public park, ness. residential district,or residential lot within 1,000 (c) A person commits an offense if the person feet of the sexually oriented business. This sub- causes or permits -the operation, establishment, section applies only to the renewal of a valid license, and does not apply when an application or maintenance of more than one sexually ori- for a license is submitted after•a license has ented business in the same building,structure,or expired or has been revoked. portion thereof,or the increase of floor area of any sexually oriented business in any building, strut- (h) A sexually oriented business established on ture, or portion thereof containing another sexu- or after the effective date of Ordinance No. 399 ally oriented business. shall be located only within the districts so per- (d) For the purposes of subsection (a) of this mitted by and shall conform in all respects with section,measurement shall be made in a straight the requirements of the comprehensive zoning line, without regard to intervening structures or ordinance of the city as such comprehensive zon- objects,from the nearest portion of the building or ing ordinance may,from time to time,be amended. structure used as aG part of the premises where a (Ord:No.'399, § 14, 12-1-87) • _ sexually oriented business is conducted, to the State law reference—. Location restriction,vT.CA,Lo- nearest property line of the premises of a church cal Government code f 243.006. ' or school, or to the nearest boundary of an af- fected public park,residential district,or residen- Sec. 5-171. Same—Exemption from restric- tial lot. tions. (e) For purposes of subsection (b) of this sec- tion, the distance between any two sexually ori (a) Filing o�request. If the deputy director of ented businesses shall be measured in a straight--- police services denies the issuance of a license to line, without regard to intervening structures or an applicant because the location of the sexually objects,from the closest exterior wall of the struc- oriented business establishment is in violation,of_ ture in which each business is located. section 5-170, then the applicant may, not later` than ten calendar days after receiving notice of (f) Any sexually oriented business lawfully op- the denial, file with the city secretary a written' erating on the effective date of Ordinance No:399 request for an exemption from the locatiorial that is in violation of subsection (a), (b), or(c) of restrictions of section 5-170(a)--(g)- CD5:13 5-171 SOUTBLAKE CITY CODE • , I (b) Consideration by council, date for hearing. locational restrictions of section 5-170(a}--(g)un- If the written request is filed with the city secre- til the applicant applies for and receives another tary within the ten-day limit, the city council exemption. shall consider the request. The city secretary Reapplication. If the city council denies the shall set a date for the hearing within 60 days exemption, the applicant may not reapply for an from the date the written request is received. exemption until at least 12 months have elapsed (c) Hearing, conduct. A hearing by the. city since the date of the city council's action. council may proceed if a quorum is present. The city council shall hear and consider evidence (h) Limitations. The giant of an exemption offered by any interested person.The formal rules does not exempt the applicant from any other of evidence do not apply. provisions of this article other than the locational restrictions of section 5-170(a}—(g). t (d) Granted upon certain findings, The city (Ord. No--399, § 15, 12-1-87) council may,in its discretion,grant an exemption MW from the locational restrictions of section 5-170W— Sea 5-172. Additional regulations for es- (g),provided that it makes the following findings: cort agencies. (1) The location of the proposed sexually (a) An escort agency shall not employ any oriented business will not have a detrimental person under the age of 18 years. effect on nearby properties or be contrary to the public safety or welfare. (b) A person commits an offense if such person acts as ari escort or agrees to act as an escort for (2) The granting of the exemption will not any person under the age of 18 years. violate the spirit and intent of this article. (Ord. No. 399, § 16, 12-1-87) { (3) The location of the proposed sexually oriented business will not downgrade the prop- Sec. 5-173. Additional regulations for nude erty values or quality of life in the adjacent areas model studios. or encourage the development of urban blight. (a) A nude model studio shall not employ any (4) The location of an additional sexually person under the age of 18 years. oriented business in the area will not be contrary to any program of neighborhood conservation nor (b) A person under the age of 18 years commits will it interfere with any efforts of urban renewal an offense if such person appears in a state of or restoration. nudity or seminudity in or on the premises of a nude model studio. It is a defense to prosecution (5) All other applicable provisions of.this under this subsection if the person under 18 years • article will be observed. was in a restroom not-open to public view or (e) Grant or denial persons of the opposite sex. by majority vote, decisions f na1. The city council shall grant or deny the (c) A person commits an offense if such person exemption by a majority vote. Failure to reach a appears in a state of nudity or seminudity or majority vote shall result in denial of the exemp- knowingly allows another to appear in a state of . tion.Disputes of fact shall'be decided on the basis nudity or seminudity in an area of a nude model . of a preponderance of the evidence. The decision studio'premises which can be viewed from the of tlke city council shall be final. public right-of-way. (0 Period of validity. If the city council grants (d) A nude model studio shall not place,or` the exemption, the exemption shall be valid for permit a bed,sofa,or mattress in any room on the one year from the date of the city council's action. premises, except that a sofa may be placed ins a. Upon the expiration of an exemption,the sexually reception room open to the public. oriented business shall be in violation of the (Ord. No. 399, § 17, 12-1-87) CD5:14 55-33 . BUMESM 1&176 Sec. 5-174. Additional regulations for adult an adult motel,which exhibits on the premises in theaters and adult motion pic- a viewing room of less than 150 square feet of ture theaters. floor space, a film, video cassette, or other video (a) A person commits an offense if the person reproduction which depicts specified sezual.activ- )knowinglyallows a ities or specified anatomical areas, shall comply person under-the age of"18 with the following requirements: years to appear in a state of nudity or seminudity in or on the premises of an adult theater or adult (1) The application for a license to operate motion picture theater. a sexually oriented business shall be accompanied by a diagram of the premises showing a plan' (b) A person under the age of 18 years commits thereof specifying the location of one or more an offense if such person knowingly appears in a manager's stations and the location of all over- state of nudity or seminudity in or on the prem- head lighting fixtures and designating any por ises of an adult theater or adult motion picture tion of the premises in which patrons will not be theater. 'permitted.A manager's station may not exceed 32 _ (c) It is a defense to prosecution under subsec- square feet of floor area. The diagram shall also tions(a)and(b)of this section if the person under - designate the place at which the permit will be 18 years was in a restroom not open to public view conspicuously posted,if granted.A professionally or persons of the opposite sex. prepared diagram in the nature of an engineer's (Ord. No. 399, § 18, 12-1-87) or architect's blueprint shall not -be required; however, each diagram should be oriented to the Sec. 5-175. Additional regulations for,adult north or to some designated street or object and should be drawn to a designated-scale or with motels. marked dimensions sufficient to show the various (a) Evidence that a sleeping room in a hotel, internal dimensions of all areas of the interior of motel, or similar commercial establishment has the premises to an accuracy of plus or minus six been rented and vacated two or more times in a inches.The deputy director of police services may period of time that is less than ten hours creates waive the diagram for renewal applications if the a rebuttable presumption that the establishment applicant adopts a diagram that was previously is an adult motel. submitted and certifies that the configuration of the premises has not been altered since it was (b) A person commits an offense if, as the prepared. person in control of a sleeping room in a hotel, motel, or similar'commercial establishment that-. (2) The application shall be sworn to be does not have a sexually oriented business li- true and correct by the applicant. cerise, such person rents or subrents a sleeping (3) No alteration in the configuration or room to a person 9nd,within ten hours from the location -of a manager's station may be made time the room is rented, he rents or subrents the without the prior approval of the deputy director same sleeping room again. of police services or his designee. (c) For purposes of subsection (b) of this sec- (4) It is the duty of the licensee to ensure tion,the terms"rent"or"subrent" shall mean the that at least one agent or employee is on duty and act of permitting a room to be occupied for any situated in each manager's station at all times form of consideration. that any patron is present inside the premises. (Ord. No. 399, § 19, 12-1-87) ,,, (5) The interior of the premises shall be '+ Sec. 5-176. Regulations pertaining to exhi- configured in such a manner that there is an bition of sexually explicit films unobstructed view from a manager's station'of or videos. every area of the premises to which any patron is permitted access for any purpose excluding (a) A person who operates or causes to be restrooms. Restrooms may not contain video`ie- operated a sexually oriented business,other than production equipment. If the premises has two or CD5:15 5f-3 1 Rom.. 15-176 SOUMLAKE CITY CODE more manager's stations designated, then the commercial gain or to exploit sexual lust or per- interior of the premises shall be configured in version for commercial gain,any of the following. such a manner that there is an unobstructed view of each area of the premises to which any patron (1) Human sexual intercourse, masturba- is permitted access for any purpose from at least lion, or sodomy; one of the manager's stations. The view required (2) Fondling or other erotic touching of in this subsection must be by direct line of sight human genitals,pubic region,buttocks,or female from the manager's station. breasts; (6) It shall be the duty of the licensee and (3) Less than completely and opaquely cov it shall also be the duty of any agents-and em- ered human genitals, buttocks,or that portion of ployees present in the premises to ensure that: the female breast below the top of'the areola;or. a. The view area specified in-.subsec- (4) Human male genitals in a discernibly. lion(aX5)of this section remains unobstructed by turgid-:grate,whether covered or uncovered. any doors, walls, merchandise, display racks or Y other materials at all times that any patron is (b) In this section, the word"display"means to present in the premises; and locate an item in such a manner that, without obtaining assistance from an employee df,the b. No patron is permitted access to business establishment: any area of the premises which has been desig- nated as an area in which patrons will not be handling and inspection; or permitted in the application filed pursuant to subsection(01) of this section: (2) The cover, outside packaging, or con- (7) The premises shall be equipped with tents of the item-is visible to members of the overhead lighting fixtures of sufficient intensitygeneral public. l to illuminate every place to which patrons are (Ord. No. 399, § 21, 12-1-87) State law reference—Sale, distribution or display of permitted access at an illumination of not less harmful material to minors,V.T.CA,Penal Code J 4324. than one footcandle as measured at the floor level. (8) It shall be the duty of the licensee and Sec. 5178. Amendment of article. it shall also be the duty of any agents and em- Sections 5-170 and 5-171 may be amended only ployees present in the premises to ensure that the after compliance with the procedure requiredto illumination described in'subsection(aX7)of this amend a zoning ordinance. Other sections of this section is maintained at all limes that any patron article may be amended by vote of the city council. is present in the premises. . " (Ord. No. 399, § 27, 12-1-87) t (b) A person having a duty under subsections 3 = (aXl)-{aX8)of this section commits an offense if Sec. 5-179. Injunctive relief. such person knowingly fails to fulfill that duty. A person who operates or causes to be operated (Ord. No. 399, § 20, 12-1-87) a sexually oriented business without a valid li- cense or in violation of section 5-170 is subject to Sec. 5-177. Display of sexually explicit ma- a suit for injunction as well as prosecution for terial to minors. criminal violations. (Ord. No. 399, § 23, 12-1-87) (61•A person commits an offense if, in a busi- ness establishment open to persons under the age Sec. 5-180. Enforcement;penalties for viola of 17 years, such person displays a book 'pam- tion of article. phlet, newspaper, magazine, film, or video cas- sette, the cover of which depicts, in a manner (a) Except as provided by subsection(b)of this calculated to arouse sexual lust or passion for section, any person violating a provision of" CD5:16 5�' r ' - BUSMESSES $5-19E article other than section 5-170, upon conviction, DIVISION 2. LICENSE- is punishable by a fine not to exceed $2,000.00 for each offense. Sec. 5-196. Required; application. (b) If the sexually oriented business involved is (a) Offense to operate without. A person com- a nude model studio or sexual encounter-center, mits an offense if the person operates a sexually then violation of section 5-170 .or 5-196_(a) is oriented business without a valid license, issued punishable as a class B misdemeanor. by the city for the particular type of business. (b) Application;signing as applicant. Each in- (c) Except as provided by section'S-180(b),any dividual desiring to operate a sexually oriented person violating a provision-of-this article other business must sign an application as the appli- than section 5-170,upon conviction,is punishable cant. If a sexually oriented business is to be by a fine not to exceed $500.00 for each offense. operated by an association,partnership, corpora- 1 lion or other legal entity, each person who is a (d) It is a defense to prosecution under section member or an officer or who owns or controls a 20 s 5-170, 5-173(d) or 5-196(a) that a person appear- ing in a state of nudity did so in a modeling class stock, in such entity must sign an application as operated: applicant and be.qualified pursuant to this arti- (1) By a proprietary school licensed by the cle.Each person who is a member or an-officer or _ state or a college, junior college, or university who owns or controls 20.percent or greater inter- supported entirely or partly by taxation; est, including corporate stork, of an association, partnership,corporation or other legal entity which (2) By a private`college or university which owns or controls 20 percent or greater interest, maintains and operates educational programs in including corporate stock;of an association,part- which credits are transferrable to a college,junior nership, corporation or other legal entity which college,or university supported entirely or partly operates a sexually oriented business shall sign by taxation; or an application as the applicant and must be qualified under this article. (3) In a structure: (c) Contents of application form.An application a. Which has no sign visible from the for a license must be made on a form provided by exterior of the structure and no other advertising the deputy director of police services. The appli- that indicates a nude or seminude person is cation form shall be sworn to by the applicant and available for vieaiing; shall include: b. Where in order to participate in a (1) The name, residence and business ad- class a student must enroll at least three days in dresses of the applicant; advance of the class; and 3 (2) Whether or not the applicant meets c. Where no more than one nude or each of the requirements set forth in section seminude model is on the premises at any one 5-197; time. (3) The address of the premises which the (e) It is a applicant intends to operate as a sexually ori- defense to prosecution under section anted business; 5-170 or section 5-196(a)that each item of descrip= tive, printed, film, or video material offered for (4) The present ownership interest of such sale or rental, taken as a whole, contains serious applicant iri the sexually oriented business; literary, artistic, political, or scientific value. (5) The name, residence and business ad- (Ord. No. 399, § 22, 12-1-87) dresses of each person and each entity, associa •State law reference—Licenses or permits,V.T.CA,IA- Sees. 5-181-5-195. Reserved. cal Goverament.Code§243.007. CD5:17 JrS-3� 4 5-196 SOUTEMAEE CITY CODE -- tion, partnership or corporation, if any, which sexually oriented business is to be operated,show- owns or controls an interest in the sexually ori- ing that the applicant has complied with the ented business with respect to which such appli- assumed name laws of the state. The assumed cation applies and the names of any entities, name certificate shall be prepared on a form associations,partnerships or corporations,owned prescribed by the deputy director of police ser- or controlled by the applicant, and the names, vices.No license shall be issued or renewed when residence and business addresses of any person the applicant is operating under an assumed who is a member or officer or holder of 20 percent name or any name other than the real name of the or more corporate stock in such entity; and individual operating or intending to operate a (6) Information with respect to such-other sexually oriented business until such certificate, matters, consistent with this article, as maybe duly signed by such county clerk,or his deputy,is specified in the application form. provided in compliance herewith. (Ord. No. 399, $ 5, 12-1-87) (d). Accompanying sketch or diagram. The ap- State &w reference—Am med busness or professional plication must be accompanied by a sketch or name,V.T CA,Bnsiness and Commene Code ch.36. diagram showing the configuration of the prem- ises, including a statement of total floor space Sec. 5-197. Issuance. occupied by the business. The sketch or diagram (a) Approval conditions. The deputy director of need not be professionally prepared but must be police services shall approve the issuance of a drawn to a designated scale or drawn with marked license to an applicant, or to the transferee as dimensions of the interior of the premises to an applicant upon the transfer of ownership or con- accuracy of plus or minus sic inches. Applicants trol by an applicant or licensee of all or any part of who must comply with section 5=176 shall submit such applicant's or licensee's ownership or control a diagram meeting the requirements of section of a sexually oriented business within 30 days 5-176. after receipt of an application, unless the deputy (e) Applicant ownership interest; separate li- director of police services finds one or more of the cease for each location. An applicant shall have a following to be true: present ownership interest in the sexually ori- (1) An applicant is under 18 years of age. ented business with respect to which the appli- cant makes application for license. A separate (2) An applicant or an applicant's spouse is application shall be required for each address, overdue in their payment to the city of taxes,fees, place, premises or location which the applicant fines, or penalties assessed against or imposed operates as a sexually-oriented business, and a upon them in relation to a sexually oriented license issued to a person is valid only with business. respect to the sexually oriented business'and at (3) An applicant has failed to provide in- the exact address, place, premises or location formation reasonably necessary for issuance of = listed in the application for*such license. the license,or has falsely answered a question or M Qualifications of applicant. The applicant request for'information on the application form. must be qualified according to the provisions of (4) An applicant or an applicant's spouse this article, and the premises must be inspected has been convicted of a violation of a provision of and found to be in compliance with the law by the this article, other than the offense of operating a health department, fire services, and building sexually oriented business without a license,within official.The applicant shall comply with all appli- two years immediately preceding the application. cable city, county, state and federal laws. The fact that a conviction is being appealed shall . (g) Assumed business or professional names. have no effect. An applicant operating a sexually oriented busi- (5) An applicant is residing with a person ness under an assumed name shall attach to the who has been denied a license by the -city-to application a certificate of assumed name issued operate a sexually oriented business within the by the county clerk of the county in which the preceding 12 months,or is residing with a peisori f CD5:18 5 S—37 �-- BUSUCESSES f S.M whose license to operate a sexually oriented busi- 3. Sexual assault or aggravated ness has been revoked within the preceding 12 sexual assault as described in V.T.CA, Penal months. Code ch. 22; (6) The premises to be used for the sexu- 4. Prohibited sexual conduct, en- ally oriented business have not been approved by ticing a child, or harboring a runaway child as the health department, fire services, and.the described in V.T.CA, Penal Code ch. 25; building official as being in compliance with ap- 5. Criminal attempt, conspiracy, plicable laws and ordinances. or solicitation to commit any of the foregoing (7) The license fee required by this article offenses. has not been paid. —- - b. For which: (8) An applicant has been employed in a = 1. Less than two years have sexually oriented business in a managerial capac- j elapsed since the date of conviction or the date of 3 ity within the preceding 12 months and has ' release from confinement imposed for the conic-demonstrated that he is unable to operate or lion,whichever is the later date,if the conviction manage a sexually oriented business premises in is of a misdemeanor offense; a peaceful and law-abiding manner,thus necessi- -2. Less than five years have tating action by law enforcement officers. elapsed since the date of conviction or the date of (9) An applicant or the proposed establish- release from confinement for the conviction,which- meat is in violation of or is not in compliance with ever is the later date, if the conviction is of a section 5-169, 5-170, 5-172, 5-173, 5-174, 5-175, felony offense; or 5-177 or 5-203. 3. Less than five years have (10) An applicant or an applicant's spouse elapsed since the date of the last conviction or the has been convicted of a crime: date of release from.confinement for the last conviction, whichever is the later date, if the a. Involving: convictions are of two or more misdemeanor of- t. Any of the following offenses as fenses or combination of misdemeanor offenses described in V.T.C.A., Penal Code ch. 43: occurring within any 24-month period. i Prostitution; (b) Effect of appeal of conuiction. The fact that i. Promotion of prostitution; a conviction is being appealed shall have no effect - iii. Aggravated promotion of on the disqualification of the applicant or the prostitution; applicant's spouse. iv: Compelling prostitution; v Obscenity, (c) Contents of license,posting. The license, if i granted, shall state on its face the name of the vi. Sale, distribution, or dis- person to whom it is granted,the expiration date, play of harmful material to minor; and the address of the sexually oriented business. vii. Sexual performance by a The license shall be posted in a conspicuous place child; or at or near the entrance to the sexually oriented viii. Possession of child por-. business so that it may be easily read at any time. nography. (Ord: No. 399, § 6,-12-1-87) 2. Any of the following offenses as described in V.T.C.A., Penal Code ch. 21: Sec. 5-198. Fees. i. Public lewdness; Each application for a license or a license re- ii. Indecent exposure; or newal shall be accompanied by a cashier's check iii. Indecency with a child. or money order,payable to the city,in the amount CD5:19 51-38 5-198 g0UTEff-UM CrrY CODE prescribed by resolution adopted by the city coun- (5) Demonstrated inability to operate or cil from time to time.Such fee shall be nonrefund- manage asexually oriented business in a peaceful able. and law-abiding manner thus necessitating ac- (Ord. No. 399, § 7, 12-1-87; Ord. No. 592, §§ 1, 3, tion by law enforcement officers; 9-7-93) (6) Failed to notify the deputy director of Sec. 5-199. police services of a conveyance or transfer of Expiration and renewal ownership or control of the sexually oriented business within ten days of such conveyance or (a) Each license shall expire one year from the transfer in accordance with section 5-203(c). date of issuance and may be renewed- only by (Ord. No. 399, § 10, 12-1-87) making application as provided in section 5-196. Application for renewal should be made at least Sea 5-201. Revocation. 4. 30 days before the expiration date, and when `' made less than 30 days before the: expiration date, (a) e deputy director of police services shall the expiration of the license will not be affected. revoke a license 9 a cause of suspension in section 5-200 occurs, and the license has been suspended (b) When the deputy director of police services within the preceding 12 months. denies renewal of a license, the applicant shall not be issued a license for one year from the date (b) The deputy director of police services shall of denial. If, subsequent to denial, the deputy revoke a license if the deputy director.of police director of police services finds that the basis for services determines that: - denial of the renewal license has been corrected or (1) A licensee gave false or misleading in abated, the applicant may be granted a license if formation in the material submitted to the deputy r at least 90 days have elapsed since the date denial director of police services during the application became final. process. (Ord. No. 399, § 9, 12-1.87) (2) A licensee or an agent or an employee of a licensee has knowingly allowed possession, Sec. 5-200. Suspension. use, or sale of controlled substances on the prem- The deputy director of police services shall ises. suspend a license for a period of not to exceed 30 (3) A licensee or an agent or an employee days if the deputy direetor of police services of the licensee has knowingly allowed prostitution determines that a licensee' or an agent or an on the premises. employee of a licensee has: (4) A licensee or an agent or an employee (1) Violated or is not in compliance with of the licensee knowingly operated the sexually section 5-169 5-170 5-172 5-173 5-174 5-175 oriented business during'a period of time when 5-176, 5-177 or 5-203; the licensee's license was suspended. (5) A licensee has been convicted of an (2) Engaged in excessive use of alcoholic offense listed in section 5-197(aX10)a for which beverages while on the sexually oriented business the time period required in section 5-197(aX10)b premises; has not elapsed. (3) Refused to allow an inspection of the •,(6) On two or more occasions within a sexuAlly oriented business premises as autho- 12-month period, a person committed an offense rized by this article; occurring in or on the licensed premises of a crime (4) Knowingly listed in section 5-197(aX10)a,for which a convic- g y permitted gambling by any tion has been obtained,and the persons convicted person on the sexually oriented business prem- of such crime were agents or employees of the ises; licensee at the time the offenses were committed. CD5:20 ST- 31 ' • BUSnMFMES 1 s•20C3 (7) Except as provided in subsection(d) of Sec. 5-202. Appeal of revocation or suspen. this section,a licensee or an agent or an employee sion. of a licensee has knowingly allowed any act of If the deputy director of police services denies sexual intercourse,sodomy, oral copulation,mas- the issuance of a license,or suspends or revokes a turbation, or sexual contact to occur in or on the license, the deputy director of police services shall licensed premises.The term"sexual contact"shall send to the applicant, or licensee, by certified have the same meaning as it is defined in V.T.CA, mail, return receipt requested, written notice of Penal Code § 21.01. such action and notice of the right to an appeal. (8) A licensee is delinquent in payment to The aggrieved party may appeal the decision of the city for hotel occupancy-taxes, ad valorem the deputy director of police services to the city taxes, or sales taxes related to the sexually ori- council by filing an appeal with the city secretary ented business. within ten days of the receipt of the notice of such _denial, suspension or revocation. The filing of an K (9) A receiver, successor in interest or a appeal stays the action of the deputy director of transferee of an ownership interest in the sexu- police services in suspending or.revoking a.li- ally oriented business failed to notify the deputy cense, and the city council shall make a final director of police services of such change in accor- decision with respect to such denial, suspension dance with section 5-203(c). or revocation. If within a ten-day period, the deputy director of police services suspends, re- (c) The fact that a conviction is being appealed vokes or denies issuance of any other license of ar shall have no effect on the revocation of the individual operating a sexually oriented business license. a -the same location, then the city council may consolidate the request for appeals,if any,of those (d) Subsection (bX7) of this section does not actions into one appeal. apply to adult motels as a ground for revoking the (Ord. No. 399, § 12, 12-1-87) license unless the licensee or an agent or an employee of the licensee knowingly allowed the Sec. 5-203. Transfer. act of sexual intercourse,sodomy,oral copulation, masturbation, or sexual contact to occur in a (a) A licensee, including any applicant for a public place or within public view. license,shall not transfer his license,or all or any part of his ownership -or control of a sexually (e) When the deputy director of police services oriented business, to another,nor shall a licensee operate a sexually oriented business under the revokes a license,'the revocation shall continue authority of a license at any place other than the for one year and the licensee shall not be issued a address designated in the application and'stated license to operate a sexually oriented business in on the face of the license. accordance with section 5-197, for one year from the date the revocation became effective. If, sub- Jb) On the death of a licensee, or upon bank- sequent to revocation, the deputy director of po- ruptcy, receivership or partnership dissolution lice services finds that the basis for the revocation with respect to a sexually oriented business, the has been corrected or abated, the•applicant may receiver or successor in interest to a license may be granted a license if at least 90 days have apply to the county judge for certification that elapsed since the date the revocation became, such person is the receiver or successor in interest effective. An individual whose license was re- to such license. On certification and upon the voked under subsection(bX5) of this section may furnishing of such information as the deputy not be granted another license until the appropri- director of police services may require, unless ate number of years required under section good cause for refusal is shown,the deputy direc- 5-197(aX10)b has elapsed since the termination of for of police services shall grant permission,"by any sentence, parole, or probation. letter or otherwise,for the receiver or successor in tj (Ord. No. 399, § 11, 12-1-87) interest to operate the sexually oriented business CD5:21 Sf- 4d ' 5-203 SOUTEMASE CITY CODE f • 1 during the unexpired portion of the license. Such (b) Registration. A person shall not engage in a license shall not be renewed,but the receiver or the business of painting address numbers on successor in interest may apply for an original street curbs for remuneration in the city without license in accordance with the requirements of first registering with the city and obtaining a this article. A receiver or successor in interest registration certificate from the city secretary. _ operating a sexually oriented business for the (Ord. No. 644, § 2, 7-16-96) unexpired portion of the license shall be subject to Cross reference—Dermidoas generally,§1-2. -the requirements of this article in the same man- ner as if such receiver or successor in interest had Sec. 5-223. Application. been issued the original license. (c) Each person becoming a receiver, successor A curb painting vendor shall submit an appli- in interest or transferee of an ownership or con- cation for registration,which shall be made under oath and which shall contain: trolling interest in a sexually oriented business shall notify the deputy director of police services (1) Proof pf identification and address of of such change in ownership or control within ten the applicant,to be provided through the applicant's days of the effective date of such transfer.Failure driver's license, articles of incorporation,or other to notify the deputy director of police services legally recognized form of identification. shall be grounds for suspension or revocation of the license. (2) If the applicant is employed by another, (Ord. No. 399, § 13, 12-1-87) the name and business address of the employer. Secs. 5-204--5-220. Reserved. (3)-The location or locations at which the applicant will be soliciting business. (4) If the applicant has been convicted of a t ARTICLE VL PAIlVITNG ADDRESS felony, misdemeanor, or ordinance violation'in- NUMBERS ON STREET CURBS volving fraud, a sex offense, trafficking in con- trolled substances, or of any violent acts against Sec. 5-221. Purpose. persons or property within five years preceding the date of application, a description of each such The purpose of this article is to protect the conviction.The description shall include the date citizens against crime, including deceptive prac- the offense occurred, the date of the conviction, tices, fraud,and burglary;•to minimize the unwel- the location of the offense,the offense of which the come disturbance of citizens and the disruption of applicant was convicted, and the sentence re- citizens'privacy,and to preserve the public health, ceived. For purposes of this section, a conviction safety, and general welfare by registering and shall be deemed to have occurred if an applicant regulating those persons engaged in the business is ordered to be placed upon deferred adjudication of painting address numbers on street curbs. or community supervision. (Ord. No. 644, § 1, 7-16-96) (Ord. No. 644, § 3, 7-16-96) Sec. 5-222. Definition;registration required. Sec. 5-224. Fees and duration. (a) Definitions.The following words, terms and phrases when used in this article, shall have the �-aPplicant for registration shall pay, at the meanings ascribed to them in this subsection, time of application, an annual fee for each em- unles� the context clearly indicates a different ployee who will be soliciting. 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A Report on Sexuall -Oriented Businesses and Their Secondary Impacts P Y INTRODUCTION This report provides the basis for the adoption of revised regulations for sexually-oriented businesses. Currently,the City of Southlake does not have any such establishments located within its municipal boundaries and must rely upon a significant number of statistical analyses conducted by other cities across the United States in determining the secondary impacts of sexually-oriented businesses. The following cities' studies were reviewed in-the preparation of this report on the secondary effects of sexually-oriented businesses: Austin, Texas, El Paso, Texas and Indianapolis, Indiana. Other studies presented to the City Council of Southlake were from the cities of Amarillo, Texas, Beaumont, Texas,Houston, Texas, Las Vegas, Nevada and Los Angeles, California. Included in the review of these regulations were the applicable sections of the Dallas City Code relating to the regulation and licensing of sexually-oriented businesses. This report asserts that while many residents of the community may consider sexually-oriented businesses to be moral nuisances that such adult uses are constitutionally protected and do have rights under the laws of the land to operate within cities' municipal boundaries. The forthcoming ordinance amendment is based on the findings of the referenced cities following their exhaustive research and study into the regulation of sexually-oriented businesses ("SOBs"). It should be noted that there are two primary ways to regulate an SOB. Either or both of these ways may be used. The first type is zoning regulation. The second type is a licensing scheme. In both of these regulatory forms, the SOB must comply with the regulations or face penalties and/or closure. Regulation of the business serves the community's interest in maintaining the morals, safety, and welfare of its citizens by combating the adverse secondary effects. Through zoning regulations, a municipality may enact legislation regulating the place where sexually- oriented business may operate. Municipalities have followed two major strategies in regulating the location of sexually-oriented businesses. One approach is to concentrate or cluster these businesses in a limited area, often called the Boston or"combat zone” approach. The other approach follows the opposite tactic by dispersing sexually-oriented businesses. In Boston, sexually-oriented businesses had been unofficially concentrated in a specific area of the city for many years. This "combat zone"was officially established as the Sexually-Oriented Businesses Entertainment District in 1974. It was felt that by formally restricting such businesses to an area where they were already established would prevent the spreading of these businesses to neighborhoods where they were deemed inappropriate. In addition, concentration of sexually-oriented businesses might aid in the policing of such activities and would make it easier for those who wanted to avoid such businesses to do so. There has been some question as to the effectiveness of this regulatory approach, as the Los Angeles Study noted: "The effectiveness and appropriateness of the Boston approach is a subject of controversy. There has been some indication that it has resulted in an increase in crime within the district and there is an increased vacancy rate in the surrounding office buildings. Due to complaints of serious criminal incidents, law enforcement . activities have been increased and a number of liquor licenses in the area have been 1 revoked. Since the "combat zone" and most of the surrounding area are part of various redevelopment projects, however, the change in character of the area cannot be attributed solely to the existence of sexually-oriented businesses entertainment businesses." The other approach that municipalities have followed is the dispersement model, sometimes called the Detroit model. In 1972,Detroit modified an"Anti-Skid Row Ordinance" to provide that subject to waiver, an adult theater could not be located within 1,000 feet of any two other"regulated uses" (e.g., adult theaters, adult book stores, cabarets, bars, taxi dance halls, and hotels) or within 500 feet of a residential area. Another effective method of regulating_SOBs is a licensing scheme. The regulation requires the operator and his employees to obtain licenses before they can operate or be employed by an SOB. The license application can require extensive background information regarding criminal convictions. Licensing can prohibit certain types of behavior to occur on the premises; such as, nudity or alcohol consumption. It can also regulate the hours of operation for SOBs and can impose stiff sanctions for violations, including fines and/or suspension or revocation of the license. As a rule, licensing schemes are quite effective in halting or minimizing the adverse secondary effects caused by SOBs. At the onset of this project, certain key questions were raised which established the focus of this report. Those questions were: • Does crime increase in the vicinity of a sexually-oriented business? If so, is the increase statistically significant and does it constitute a public safety hazard? • Can the public safety hazard be ameliorated by requiring a minimum distance between sexually-oriented businesses and residential, community service and certain specially- regulated zones within the city? What are the appropriate minimum distances? • Are sexually-oriented businesses associated with a decrease in property values? • Are sexually-oriented businesses associated with declining quality of neighborhoods? LEGAL BACKGROUND The legal control and regulation of pornography in general and sexually-oriented businesses specifically has a long and controversial .history. The 1970 Commission on Obscenity and Pornography overwhelmingly voted to eliminate all legal restrictions on use by consenting adults of sexually explicit books, magazines, pictures, and films. By 1986, the Attorney General's Commission on Pornography called for a more aggressive enforcement of obscenity laws and regulation of pornography that it deemed harmful, even if not legally obscene. The current judicial doctrinal standard that governs the difficult balance of constitutionally protected free speech and the direct regulation of pornography, is found in Miller v. California 413 U.S. 15 (1973): "(a)whether the average person, applying contemporary community standards' would find that the work,taken as a whole, appeals to the prurient interest; (b)whether the work depicts or describes, in a patently offensive way, sexual conduct specifically 2 5T_ 4-8 defined by the applicable state law; (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. The statutory zoning approach to regulating adult businesses by the dispersement method was legally challenged and subsequently upheld by the Supreme Court as constitutional in Young v. American Mini Theaters, Inc. Detroit's"anti-skid" provisions of its ordinance required adult theaters to be located at least 1,000 feet from any two other regulated uses and 500 feet from residential zoning districts because "adult use establishments tend to attract an undesirable quantity and quality of transients, adversely affect property values, cause an increase in crime, especially prostitution, and encourage residents and businesses to move elsewhere." The Detroit model has been adopted by numerous cities including Los Angeles and twelve(12)other Southern California cities for controlling sexually-oriented businesses. In another landmark case,Renton v. Playtime Theaters, Inc., the Supreme Court held such statutes cannot be enacted for the purpose of restraining speech, but have to be"content neutral" time,place, and manner regulations designed to serve a substantial governmental interest and not unreasonably limit alternative channels of communications. In other words, in making their determinations, the courts look at a number of factors: Whether or not there is 1) evidence that the zoning statute is primarily aimed at suppressing First Amendment rights (content-based regulations) and therefore, invalid; 2)evidence supporting the municipalities' findings of secondary effects of sexually-oriented businesses on the surrounding community (content neutral regulations) and therefore valid and 3) evidence that the statute eliminates the possibility of any sexually-oriented businesses locating within the jurisdiction of the municipality. The Renton decision is of great significance because the Court found that the ordinance was designed to serve a substantial state interest, although no study had been conducted with respect to the affects of adult uses in Renton per se. Under Renton, commercial viability is supposed to be irrelevant. Renton holds that "it is constitutionally irrelevant that the land designated for SOB development is already occupied, not for sale, would not be a commercially viable site and constitutes only 5% of the available land." It set forth the premise that government cannot effectively deny adult businesses a reasonable opportunity to open and operate, but also stated that"adult businesses must fend for themselves in the real estate market on an equal footing with other prospective purchasers and lessees. . ." Subsequently, in Topanga Press, Inc. v. City of Los Angeles, the Court continued to struggle with the"alternative channels" issue and dealt directly with the questions of "reasonable available sites' and specifically,the economic issues previously unanswered in Renton. The Court determined that a property is not potentially available when it is not likely to ever become available to any commercial enterprise, such as a landing strip at an airport or land submerged under the ocean. Second, sites in manufacturing or industrial zones are part of the market if they are reasonably accessible to the general public; have proper infrastructure; such as sidewalks, roads, and lighting; and are generally suitable for some form of commercial enterprise. Third, commercially-zoned locations are part of the real estate market. The Court's position was that once a site qualifies as part of the real estate market under these criteria, the"commercial viability" as an adult business location is irrelevant. 3 ` 5r- 49 RESEARCH AND ANALYSIS Following is a summary of each of the referenced communities' studies and their analyzes of the secondary impacts of sexually-oriented businesses; such as, increase in crime, especially prostitution and illegal drug use; impact on property values, blight and deterioration of neighborhoods, public health concerns; congregation / concentration of SOBS (creating "skid row districts"); and incompatible land uses. AUSTIM TEXAS--In May, 1986, the Austin Planning Department published a report on sexually- oriented businesses in Austin. An analysis of crime rates in Austin was conducted by comparing areas with sexually-oriented businesses to areas without sexually-oriented businesses. Four study areas were chosen that did not contain_sexually-oriented businesses. Two study areas were chosen containing only one sexually-oriented businesses business each, and two study areas were chosen containing two sexually-oriented businesses each. Sex-related crimes were found to be from two to nearly five times the city-wide average in the study area with one SOB while sex-related crime rates were found to be 66% higher in areas with two SOBS. Their study also found through various reports that it appears evident that SOBS generate impacts, related to both crime rate and property values,that require special consideration beyond those normally associated with similar commercial uses. One survey found that 36 of 82 (44%) of SOB patrons came from outside of Austin, leading to the recommendation that SOBS be limited to highway or regionally-oriented zone districts. Austin also conducted a survey of 120 real estate appraisers and lending institutions. Eighty-eight percent(88%)of those responding indicated a belief that an sexually-oriented businesses bookstore would decrease residential property values within one block, and 59% felt that residential property values would decrease within three (3) blocks. A survey of three sexually-oriented businesses in Austin revealed that only three customers had addresses within one mile of any sexually-oriented business and forty-four percent (44%) of all customers visiting the sexually-oriented businesses had addresses outside the City of Austin. Austin's Land Development Code establishes adult-oriented businesses (other than adult lounges) as permitted uses in the CBD, DHU, CS, CS-1, and CH district unless prohibited on a specific tract by conditions imposed by the Council or contained in duly-recorded deed restrictions. An adult lounge is permitted in the CBD or by conditional use permit in the DHU, CS-1 and CH districts. The minimum distance measurement between adult-oriented businesses is 1,000;between adult-oriented businesses and any church, school, public park or playground, or licensed day-care center is 1,000; and where 50%or more of the lots within a 1,000-foot radius of an adult-oriented business are zoned or used for residential purpose. A radius or distance is determined from the midpoint of aline joining the two most distant points on the boundaries of the lot. EL PASO, TEXAS--The El Paso Police Department found a statistically significant increase in crime is found in areas where SOBs are located and that sex-related crimes occurred more frequently within neighborhoods having at least one SOB. Of the total number of property and violent crimes committed, 72% of the offenses occurred in the study area and five (5) of the seven (7) total sex offenses occurred in the study area. El Paso's study also found that the presence of SOBs results in a relative deterioration of the residential condition of a neighborhood. It further found that properties located within a one-block radius of an SOB realized a decrease in property value, both residentially 4 5JS- 50 . and commercially, and that the housing base within a study area deceased substantially with the concentration of SOBs. The El Paso Municipal Code provides that any adult business be separated a distance of 1,000' from a church; a public or private elementary or secondary school; a nursery school, kindergarten, child care center, day nursery or day care center; a university, college, vocational or business school; a boundary of any residential district; a public park adjacent to a residential district; the property line of a lot devoted to any residential use; another adult bookstore, adult motion picture theater or nude live entertainment club. The distance measurement is made in a straight line, from the nearest portion of the building or structure used as a part of the regulated premises to the nearest property line of any uses listed above. INDIANAPOLIS- INDIANA--In 1984, Indianapolis surveyed real estate experts on the impact that sexually-oriented businesses entertainment uses had on surrounding property values. A random sample(20 percent)of the national membership of the American Institute of Real Estate Appraisers was used. The opinion survey found that a sexually-oriented bookstore located in the hypothetical neighborhood described would have negative impact on residential property values of premises located within one block of the site. The Indianapolis Police Department discovered through an area survey that major crimes occurred in areas that contained at least one SOB at a rate that was 23% higher than six similar areas studied not having a SOB and that sex crimes occurred four times more frequently within residential areas having at least one SOB than in similar neighborhoods with no such businesses. The Revised Code of the Consolidated City and_County Indianapolis/Marion, Indiana provides that adult entertainment businesses be permitted to locate in areas predominately zoned for district- oriented commercial enterprises(i.e., C or more intense use categories) and that each location require a special exception which, among other considerations, would require appropriate development standards designed to buffer and protect adjacent property values. It further establishes that adult entertainment businesses not be located within 500' of a residential, school, church or park property line nor within 500' of an established historic area. AMARILLO_ TEXAS--In 1977, the Amarillo Planning Department prepared a report entitled, A .Report on Entertainment Uses in Amarillo. Their study distinguished between adult-only alcohol establishments(i.e.,bars, lounges)and adult-only establishments with semi-nude entertainment. The Amarillo Police Department reported that their survey indicated that crime rates were"considerably above average" in the area immediately surrounding the adult-only business analyzed. The report concluded that adult entertainment uses (especially when concentrated) have adverse impacts on surrounding land uses, and that those impacts can be distinguished from those of other businesses. The study found that street crime rates were considerably above the City's average in those areas immediately surrounding the adult-only businesses, and that late at night, during their primary operating hours, those businesses create unique problems of noise, glare, and traffic. The Amarillo code provides that adult businesses be located at least 1,000' from any residential PD, (40" R-1,R-2,R 3,NO,MF-1,MF-2, and MH Zoning District boundary line or from any structure used as a residence,from a church;public or denominational schools; hospitals; licensed child care facility; hotel or motel;parks or public playgrounds, playfields, or public stadiums; institutions of religious, 5 �Y�51 charitable, or philanthropic nature; and from any other structures housing an adult business. The distance requirements are measured in the following manner: in a straight line from the adult business structure to any residentially zoned district boundary line; to any structure used for a residence, church, school or hospital, any lot used for a park and from structure to structure of those facilities housing adult businesses. BEAU_MONT- TEXA. —The effect of the concentration of adult entertainment uses in Beaumont was clearly illustrated in the commercial revitalization plan for the Charlton-Pollard neighborhood that was prepared by the City's Planning Department in May of 1981. From 1970 to 1980, the total number of businesses declined about 18%, even though the number of package stores and lounges increased 50%. This plan described the economic decline that followed the establishment of adult entertainment uses in a specific neighborhood. It was noted that the growing presence of sexually- oriented businesses drove away neighborhood commercial stores, allowed"nuisance" commercial to increase, resulted in conflicting land uses, and created a skid-raw effect. The Beaumont Police Department found that criminal activity was"above average" in areas with SOBs and that these areas were the frequent scene of muggings, drug crimes and and illegal sexual activities (i.e., prostitution). Beaumont's Zoning Ordinance provides that adult uses be located 300' from any other adult use; 500' from a residential zoning district; and 1,000'from of the property line of a church, school, public park or other recreational facility where minors congregate. Adult uses are permitted by right in the"C-M'' Commercial Manufacturing District;"LT'Light Industrial District; and"HI" Heavy Industrial District. They may be permitted in the "GC-MD" General Commercial - Multiple Dwelling District with a specific use permit, meeting certain conditions. HOUSTON. TEXAS--The results of the Houston study supported the Beaumont findings that concentrations of SOBS have detrimental effects upon surround residential and commercial activities and greatly alter the neighborhood protection and enhancement. This was found to be caused by late evening noise, lighting, traffic (vehicular and pedestrian) and the increase in street crime. Houston received a report of documented instances from several Real Estate Brokers with substantial experience stating the consequent adverse effect on property values in the area of SOBs. Houston's code provides a 1,500'distance measurement to be made in a straight line from the nearest .point on the property line of the adult enterprise to the nearest point on the property line of a school, church, public park or licenced day care center; a 1,000' separation between adult enterprises (measured from nearest point to nearest point on the property lines of each adult enterprise. The distance measurement is 1,500' between the adult enterprise and an area residential in character if 75% or more of tracts within a circular area having the 1,500' radius are either single family residential or multifamily residential in use. Recall that Houston has no zoning; and therefore, they must rely solely on the distance separation to lessen the secondary impacts of the adult uses. LAS VEGAS, NEVADA--Through public hearings, sociologists and material received from other cities, Las Vegas planners found that concentrations of SOBS have an adverse effect on property values as well as a diverse effect on the safety and well-being of residents, customers and employees. The Las Vegas Police Department concluded after a study of concentrated areas of SOBs that there is a higher instance of crime in general. 6 5 T- �7i The Las Vegas code provides that sexually-oriented businesses be permitted only in areas zoned "C-M" or"M." The minimum distance separation between sexually-oriented businesses and other SOBs and between SOBS and churches, public or private schools, parks or playgrounds is 1,000' and is measured in a straight line from the property of the sexually-oriented business to the nearest property line of the existing uses. LOS ANGELES CALIFORNIA--A November 1986 report, The Current Status of Pornography and Its Effect on Society, prepared by the Los Angeles Police Department's Vice Division, identified the adverse effect of concentrating sexually-oriented entertainment businesses. The report stated: "the proliferation and clustering of sex-oriented businesses adversely impacts the crime rate in those adjacent areas...The overwhelming increase in prostitution, robberies, assaults thefts, and proportionate growth in police personnel deployed throughout Hollywood are all representative of the blighting that the clustering of sexually-oriented entertainment establishments has on the entire community. In Los Angeles'Municipal Code, it provides that no adult entertainment business can be located any closer than 1,000'to another adult entertainment business; within 500' of a religious institution, school, or public park; or within 500' of any lot in an"A" or'R" zone or within the"CR," "C," or "C 1.5" zones. The distance between adult entertainment businesses is measured in a straight line from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park is measured in a straight line from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school or public park. DALLAS (TEXAS) CITY CODE--Sections 14 and 41 of this code relating to the regulation and licensing of sexually oriented businesses and the applicable definitions were utilized while drafting Ordinance No. 731 because these regulations have withstood several challenges in the courts. The Dallas City Code provides that SOBS not be located any closer than 1,000' to a church, a public or private elementary or secondary school, a boundary of a residential or historic district as defined in the code, a public park, the property line of a lot devoted to a residential use as defined in the code or a hospital. It further provides that a SOB must maintain a minimum distance of 1,000' from another SOB operation. It prohibits more than one sexually-oriented business in the same building, structure, or portion thereof, or the increase of floor area of any SOB in any building, structure, or portion thereof containing another SOB. These distances are measured in the following manner: 1)_between SOBS and "protected uses"--in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure uses as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a"protected use" and 2)between two SOBs--in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. CONCLUSIONS ME Crime rises whenever a sexually-oriented business opens or expands its operation and the change is statistically significant. The rise is found in the most serious crimes, especially assaults, robbery,burglary, and theft. The rise in"victimless" crimes (drug and alcohol use, sex offenses, etc) 7 T _�3 is also significant, though less consistent. Architectural devices (i.e., fences, walls, etc.) designed to ameliorate the nuisance of these businesses have no significant impact on crime. When a sexually- oriented business opens within 1,000 feet of a tavern (or vice versa) the impact of the sexually- oriented business on crime is aggravated substantially and significantly. Austin's land use study indicated that sexually-related crime ranged from two to five times higher in the four study areas than the city average. In the two study areas containing two sexually-oriented businesses, the rate was 66% higher than in the study areas with one such business. Surveys of households living near sexually-oriented businesses resulted in the following conclusions: Residents who live near sexually-oriented businesses as well as those who live farther away, associate sexually-oriented businesses with increased crime and other negative impacts on the quality of the neighborhood. A large proportion of residents who live near sexually-oriented businesses report personal negative-experiences that are attributed to these businesses. PROPERTY VALUES Surveys of real estate professionals overwhelmingly agree that being located in close proximity of sexually-oriented businesses decreases property values for commercial, single-family residential and multiple-family residential properties. This conclusion is due in part to the fact that these professionals associate the close proximity of sexually-oriented businesses with increased crime and other negative impacts especially on the quality of life in residential neighborhoods. The introduction of a SOB into an area adjacent to family-oriented, owner-occupied residential neighborhoods may precipitate a transition to a more transient, renter-occupied neighborhood. This finding supports strict regulations governing the distance of adult businesses from residential neighborhoods. In commercial zones, the consistent opinions of real estate professionals suggest that high density also depresses commercial property values which supports the argument for strict regulations governing the distances between adult businesses. Indianapolis' study showed that homes within the study areas appreciated at only half the rate of homes in the control areas and one-third the rate of the city. Citizens who live near sexually-oriented businesses say their greatest complaint is the nuisance associated with these establishments. These included emergency vehicles that arrive to clean up after brawls or police officers that show up during odd hours to investigate prostitution or health violations. PUBLIC HEALTH CONCERNS Citizens living near sexually-oriented businesses also point to the amount of trash generated by these businesses; such as, used condoms and needles, which clearly pose a health risk to children and others. Many adult bookstores include peep booths which feature"glory holes" in the walls between adjoining booths to facilitate anonymous sex acts. Public health practitioners maintain that these activities contribute to the spread of sexually-transmitted diseases. POSSIBLE LOCATIONS The Area Analysis Map identifies potential locations where sexually- oriented businesses would be permitted, based on the proposed 1,000-foot dispersement distances. Note that certain potential areas (e.g., commercial areas north of S.H. 114 currently owned by Timarron and Maguire Partners and the Town Center project) were removed from consideration because the property owners of these tracts requested that SOBs be excluded from their list of permitted uses in the NR-PUD and S-P Site Plan Districts. Other areas excluded as potential sifes 8 5 5- 5 q- were those areas where known residential structures existed which are being utilized residentially, although not zoned in a residential classification. Also excluded from consideration were those parcels along the perimeter of the city which were adjacent to parcels in the cities of Keller, Westlake, Trophy Club, and Grapevine where known"protected uses" occurred within 1,000' of the Southlake city limits. The remaining property indicated on the map represents approximately 21 individual parcels; totaling approximately 121 acres and representing approximately 0.877% of the total land area (21.5 square miles) within Southlake's municipal boundaries. FINDINGS AND RECOMMENDATIONS • Based on the statutory authority given home rule municipalities in Texas to generally regulate land uses within their boundaries,'and specifically, to regulate and license sexually-oriented businesses; and • Based upon the studies, reports, and findings conducted by the cities of Austin, El Paso, and Indianapolis regarding the harmful effects of sexually-oriented businesses on surrounding land uses as well as the studies, reports, the findings conducted by the cities of Amarillo, Beaumont, Houston, Las Vegas, and Los Angeles; and • Based on the City Council's responsibility to promote the public health, safety, morals, and general welfare of the residents of Southlake as established by its Charter, It is therefore recommended that the City Council of the City of Southlake, Texas upon a recommendation of the Planning and Zoning Commission: • Adopt revisions to its currently adopted regulations for sexually-oriented businesses and licensing requirements for such uses in order to lessen certain negative secondary impacts associated with these uses; (such as, increased crime, decreased property values, spread of urban blight, diminished quality of life, spread of sexually-transmitted diseases) as referenced in this report; and • Continue utilizing the dispersement method of regulating SOBS, but changing the currently adopted 500-foot minimum spacing requirement between sexually-oriented businesses to 1,000' between sexually-oriented businesses due to the finding that concentrations of sexually-oriented businesses within a community have a serious, deleterious physical, social and economic effect on surrounding areas; and • Maintain the currently adopted 1,000-foot minimum spacing requirement (with minor wording revisions for clarification purposes as recommended by the city attorney's office) between a sexually-oriented business and a church or synagogue; a school; a boundary of a residential district; a park; the property line of a lot devoted to a residential use given the serious public safety hazard documented in the aforementioned studies; and • Add additional protected h1,000-foot minim m s spacing requirement between p ted areas to u p g q sexually-oriented businesses and a child care facility, a hospital, and "the boundary of a Corridor Overlay Zone established in the Comprehensive Zoning Ordinance, or within any 9 3 Corridor Overlay Zone" given the City of Southlake's purpose and intent when adopting corridor overlay zone(s)provisions. The purpose of establishing these overlay zones was"to provide for consistent development of office, retail, commercial, and residential areas along the major traffic corridors through the city" and through comprehensive planning efforts create elements of uniform urban design that mirror the residential quality of the city;" and • Amend the Comprehensive Zoning Ordinance No. 480, as amended, to establish Sexually- Oriented Businesses as permitted uses in nonresidential and non-retail zoning districts due to the negative secondary effects on both these categories of uses and establishing sexually- oriented businesses in districts that are less sensitive to the blighting influences that are inherent in their operations; and • That these amendments-Pot-impose-limitations or restrictions on the content of any sexually- oriented materials; and • That these amendments not restrict or deny access by adults to sexually-oriented materials protected by the First Amendment; and • That these amendments not deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market; and • That these amendments still leave reasonable alternative locations for sexually-oriented businesses to locate within the municipal boundaries of Southlake. L:�COMDE V\WP•FILESVBA'MISC\SOBVSOBSRIDY.WPD 10 6J-50 I II! i � i l II I � 1 (II�)i I � 1111 I Illh L 'I I I i Ili T I ��---G�j1 ��• I ^^''ram' r-� A. I I J I I .�/`� "�=E III ��- =--�"_' ti��r II I ^��--�• � 1' I ! 1+ ! I i 1 �i II FT ` 4 QnSexually OrientedBusinv�- s N Area Analysis W E S *Excludes lots and tracts affected by surrounding cities. X�T C�1-7 City of Austin I AUSTIN CITY COUNCIL MAYOR i st Frank C. Cooksey MAYOR PRO TEM John Trevino, Jr. -' stCOUNCIL MEMBERS Mark Rose Smoot Carl-Mitchell Sally Shipman George Humphrey Charles E. Urdy CITY MANAGER Jorge Carrasco REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN Prepared By Office of Land Development Services May 19, 1986 ACKNCWLEDGEMENTS This report was prepared by the Special Programs Division of the Office of Land Development Services (OLDS) , with assistance from other city agencies. The following staff members were involved: Office of Land Development Services James B. Duncan, Director Lilas Kinch, Acting Deputy Director Marie Gaines, Assistant Director for Land Use Review Sager A. Williams, Jr., Division Planner Dan Drentlaw, Planner III, Project Manager Kirk Bishop, Planner II Stephen M. Swanke, Planner I, Primary Contributor Jean Page, Artist II Monica Moten, Drafter II Sharon McKinney, Senior Administrative Clerk Fletcher Eubanks, Intern Mike Hovar, Intern Mike Major, Intern James K. Parks, Intern Robin Walker, Intern Austin Police Department Jim Everett, Chief of Police Joe Hidrogo, Director of Research anti Planning P.O. Kevin Behr, Administrative Assistant to the Chief Leslie Sachanowicz, Planner Analyst Galloway Beck, Planner Analyst E. Gay Brown, Administrative Technician II Karen Murray, Senior Administrative Clerk Building Inspection Department James W. Smith, Director Bill Cook, Manager, Neighborhood Conservation Edward Sanchez, Acting Supervisor, General Inspections Terry L. Meadows, Senior Inspector, General Inspections TABLE OF CONTENTS Page I. Introduction 1 II. Summary of Existing Research 2 A. Analysis of Existing Research 2 B. Legal Basis 4 III. Adult Oriented Businesses in Austin 6 A. Location of Existing Businesses 6 B. Evaluation of Adult Business Impacts 9 C. Trade Area Characteristics -_ 27 IV. Conclusions 32 Appendix 35 TABLE OF MAPS Map 1 Existing Adult Businesses Locations 7 Map 2 Study Area 1 12 Map 3 Control Area 1 13 Map 4 Study Area 2 14 map 5 Control Area 2 15 Map 6 Study Area 3 16 Map 7 Control Area 3 17 map 8 Study Area 4 18 Map 9 Control Area 4 19 Map 10 Adult Business Trade Area - Southside 28 News Map 11 Adult Business Trade Area - Cinema West 29 Map 12 Adult Business Trade Area - Yellow Rose 30 SUMMARY Pulse This report provides the basis for development of an amendment to the Austin zoning ordinance regulating adult businesses. Austin's current adult business zoning ordinance was permanently enjoined from being enforced in January, 1985 when Taurus Enterprises sued over a "Code Violation Notice", issued by the City. The violation occurred because a bookstore was located within 1000 feet of property zoned and used for residential proposes. Existing Research and Legal Basis The first portion of the study examines existing research concerning the impact of adult business on crime rates and property values. Results from these studies contain- similar findings - crime rates are higher and property values lower near adult oriented businesses. 1 Despite the negative impacts, regulation of adult businesses must respect constitutional rights of owners and patrons. Therefore an overview of pertinent legal and constitutional issues is also provided. Existing Adult Businesses in Austin Austin has Uaters, adult oriented businesses, consisting primarily of bookstores, massage parlors, and topless bars. Generally, these businesses are located in an area between Lamar Boulevard and Interstate Highway 35. Analysis of the Impacts of Adult Businesses in Austin An analysis of crime rates was conducted by comparing areas with adult businesses (study areas) to areas without adult businesses (control areas) . Both control and study areas are circular in shape with a 1,000 foot radius, contain similar land uses, and are in close proximity to one another. Four study areas were defined: two with single businesses and two with more than one business. Within the study areas, sex-related crimes wem_found to be from two to nearly_---, five times the cit -wide aver#3ed Also, sex-resat crime rates wer found—to bbigfiet in study areas with two adult businesses compared to study areas with only•one business. In order to assess the impact of adult businesses on property values, questionnaires were mailed to 120 real estate appraisal and lending firms. Eight-eight percent of those responding indicated a belief lies that an adult bookstore would decrease residential property within one block, and 59% felt that residential property values would decrease within three blocks. Respondents based their opinions on several factors. They noted that adult businesses made homes less � attractive to families, thus lowering demand and property values. Others stated that the existence of adult businesses leads mortgage underwriters to believe that ;_ the neighborhood is in decline, thus making 95% financing difficult. ------------- Trade Area Characteristics In order to make appropriate recommendations for assignment sslof ntrof adult businesses to specific zoning districts, a Y ses characteristics was conducted.- Three aeXaminedltosdetermine�customer theater and a topless barof addresses by an observation ofchadlan address within one hmile observations made, only three customers of an adult business. Nearlylin(44$) of all customer addresses were located outside the City of Recommendations B , the following recommendations are ased on the findings of this study made: 1. Adult businesses should be limited to highway or regionally - oriented zone districts. 2. Adult businesses should be dispersed to avoid the over concentration of such business. rmits should be required for adult businesses in 3. Conditional use pe j zone districts. certain specified i 1 i i i i I CHAPTER I INTRODUCTION - As is the case in many large American cities, Austin has witnessed a rapid rise in the number and type of adult entertainment businesses over the past decade. These businesses present a particular problem due, in part, to the moral implications associated with such enterprises in the minds of many members of the community. In addition, the proliferation and 'alleged detrimental effects of these businesses upon surrounding neighborhoods have been the focus of community attention for quite some time. This attention has resulted in numerous requests for the City to regulate adult businesses. The regulation of adult entertainment businesses is a controversial matter. While legal and constitutional bases for municipalities to control the use of land within their_jurisdictions in order to protect the "public health, safety, morals, and general welfare of their citizens" has been firmly established, the Supreme Court has upheld the right of adult entertainment businesses to operate in the community by virtue of - the First and Fourteenth Amendments of the u.S. Constitution. Resolving conflicts between the legal rights of municipal governments and those of adult business operators and patrons has been a difficult task. Austin enacted a "Sexually Oriented Commercial Establishments Ordinance" on May 22, 1980. This ordinance prohibiter adult businesses from being closer than 1,000 feet from a residential use. On October, 25, 1983, a lawsuit was filed attacking the validity of the Ordinance. The lawsuit was filed after the Building Inspection Department issued a "Code Violation Notice" for an adult bookstore located at 8004 Research Blvd. This violation notice was filed because the bookstore was located within 1,000 feet of property zoned and used for residential purposes. The suit disputed the city's assertion of harm to areas zoned and used for residential purposes. On January 10, 1985, a trial was held. Because the court was unable to make a factual finding on the validity of the City's assertion, it permanently enjoined the City from enforcing the ordinance at that location. The court did not declare the ordinance unconstitutional. However, because of the precendent set by this action, Austin currently lacks an adult business ordinance that can be effectively enforced. Therefore, it is the .purpose of this study to objectively evaluate the impacts of adult entertainment businesses on surrounding neighborhoods and to formulate appropriate regulations based on these findings. .Y t CHAPTER II SUMMARY OF EXISTING RESEARCH This chapter presents a brief overview of existing research and regulations written to address adult oriented businesses in various parts of the country. An understanding of the effects of adult oriented businesses on surrounding properties and the legal basis for regulations controling such businesses is critical in developing an ordinance for Austin. A. ANALYSIS OF EXISTING RESEARCH Amarillo, Texas ' The City of Amarillo's study, A Report on Zonin and Other Methods of Regulating Adult Entertainment Uses in Amarillo, concluded that adult entertainment uses are distinguishable from other businesses in that they have negative impacts on surrounding land uses. The study' established a relationship between high crime rates and proximity to adult businesses. Furthermore, the study found that the late operating hours of most adult businesses created special problems to surrounding neighborhoods in the form of noise, glare, and traffic. Beaumont, Texas A planning department study done for the Charlton-Pollard Neighborhood in Beaumont, Texas investigated the effect of adult businesses on economic decline and crime. The study concluded that the concentration of adult businesses drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug use, and muggings. Indianapolis, Indiana In February, 1984, the Division of Planning in Indianapolis published a report titled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results of an evaluation of the impact of adult business upon surrounding areas in terms of crime rates and real estate values. The study assessed the impact of adult entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. A comparison of these areas revealed that sex-related crime rates were 77 percent higher in areas containing adult businesses. 2 The second portion of the study evaluated the impact of adult real estate btv;inesses on real estate values by surveying prof appraisers. Two surveys were conducted. The first surveyed opinion of members of the American Institute of Real Estate Appraisersless practicing in a metropolitan random samplelar in of AIREAZe to membersddrawr► at a The second survey national level. In the metropolitan area survey, 78$ of those surveyed felt that residential d �rty values Thewould ionaldecrease survey located within one block generated similar results 80f located those within surveye adblock of felt saneadult property values would decrease business. Los Angeles, California The Department of City Planning for Los Angeles the publisConcehed repontofn June, 1977 entitled Stud of the -Effects Adult Entertainment Escebofsadultsbusinesses n the ConYbothLcrime�rates and evaluation of the imps property values was conducted• with rithe ratesme were ofvathetecity. comparing the Hollywood Hollywood was selected dsinesses study�erea study focused on the years concentration of adult adult 1969 to 1975, during whic� the�umbeudyfindicated sthatsprostitution from 11 to 88 establishmens arrests in the Hollywood area were 15 times greater than the city average. rt, the Los Angeles study surveyed real Like the Indianapolis repo , estate appraisers to assess the impact of adult businesses on property tration of values. Over 90% of those eynadketivaluetofhpcivatenresidences adult businesses would decreaseseven percent located within 1000 feet of the adult business. Eighty- Pe indicated that the concentration roperty located inntheevicinity ofwuld rsuch the market value of business P establishments. Los Angeles County, California In April, 1978, the Department of. Regional Planning of the County of Los Angeles published a study entitled Adult Entertaicunewtenforcemestudv nt Proposed Zoning Ordinance Amendment. in the study, officers were surveyed. Responses from the surveys indicated that areas with a concentration of adultbusinesses, disturbing ther incidence peace, and of public intoxication, theft, assault, 9 sex-related vice. Respond ents caused ithe c ated that nude bars, modeling most individual problems. studios, and massage parlors 3 Phoenix, Arizona The City of Phoenix study investigated the incidence of crime by ! comparing three study areas containing adult businesses with three ! control areas without adult businesses. They concluded that crimes were 43 percent higher, violent crimes were 4 percent higher, and sex related crimes were over 500 percent higher in the study areas. St. Paul Minnesota The planning department in St. Paul conducted a study entitled Effects on Surrounding Area of Adult Entertainment Businesses. The study found that there was a statistically significant correlation between f diminished housing values and crime rates and the location of adult businesses. The study also concluded that there was a stronger correlation with neighborhood deterioration after the establishment of an adult business. B. LEGAL BASIS Regulation of adult businesses has taken a variety of forms in cities throughout America. Boston,. Massachusetts, for example, has adopted an ordinance that restricts all adult businesses to a single geographic area known as the "Combat Zone". Detroit, Michigan,on the other hand, enacted an ordinance intended to disperse adult businesses. This ordinance, passed in 1972, prohibited adult entertainment businesses within 500 feet of a residential area or within 1000 feet of any two other regulated uses. The term "regulated use" applied to a variety of businesses, including adult theaters, adult bookstores, cabarets, bars, taxi dance halls, and hotels. At this time, only Seattle and Renton, Washington have ordinances similar in nature to the Boston ordinance. However, several cities have adopted regulations similar to those enacted in Detroit, which are aimed at dispersing adult entertainment businesses. The Detroit ordinance was legally challenged and ultimately upheld by the United States Supreme Court in 1976. This court case, known as Young -v- American Mini Theaters, Inc., now serves as the primary legal precedent regarding the use of zoning powers to regulate adult entertainment business. In Young, the Supreme Court held that "even though the First Amendment protects communication in this area (sexually explicit activities) from total suppression, we hold the State may legitimately use the content of these materials as a basis for placing them in a different classification from other movie theaters" . M 1 McClendon, Bruce W. • zoning for Adults only, (Zoning news; C 9 y � American Planning Association, August, 1985) . 4 e Tile plurality opinion for this court case set out three First Amendment criteria that ordinances regulating adult entertainment businesses must satisfy irr order to be Constitutionally upheld. 1. Regulations must be motivated not because of a distaste for the speech itself, but by a desire to eliminate its adverse effects. 2. Properly motivated legislation may be unconstitutional ' if it severey restricts First Amendment rights. 3. A properly motivated ordinance with only a limited impact on free expression may be unconstitutional if the municipality cannot demonstrate an adequate factual basis for its conclusion that the ordinance will accomplish its object of eliminating the adverse effect of adult businesses . The limitations established by these criteria are best illustrated by . analysis if the invalidation of Atlanta, Georgia's Adult Entertainment ordinance This ordinance prohibited adult entertainment businesses from locating within 1,000 .feet of any other such use, within 500 feet of any residential zoning district, or within 500 feet of any church or place used for religious worship. The ordinance also restricted all new adult entertainment businesses to three zoning districts. The Atlanta ordinance further required the amortization of certain existing businesses. Although factual evidence was presented in support of Atlanta's ordinance, the U.S. Supreme Court found that the ordinance violated the first two criteria cited in Young. The Court first found evidence of an improper motive in enacting the ordinance. Minutes of a zoning review board meeting indicated that the board would help citizens opposed to the conduct of adult businesses to "zone them out of business". At the meeting an assistant city attorney indicated that the proposed ordinance was the "strongest vehicle toward elimination" of these businesses and the city was "hoping for complete eradication" of adult businesses. The court also found that the locational restrictions of the ordinance would significantly reduce and possibly eliminate public access to adult businesses. The court had ruled in Young that "pornography zoning" is constitutional ogly if "the market for this commodity is essentially unrestrained" . The locational restrictions restrictionzaonontheqFirstntAmendmentn tar ights dofmadult severe businesses. 2. Weinstein, Alan; Regulating Pornography: Recent Legal Trends; (Land Use Law; February, 62;) p.4 3. lbid. p.4 4. lbid. p.4 5 1 . CHAPTER III ADULT ORIENTED BUSINESSES IN AUSTIN A. LOCATION OF EXISTING BUSINESS There were 49 adult-oriented businesses located within the corporate limits of the Austin as of January 1, 1986. These businesses have been grouped into two major types of businesses: Adult Entertainment Businesses and Adult Service Business. Adult Entertainment Businesses consist of adult bookstores, theaters, and film stores. Adult Service Businesses consist of massage parlors, nude modeling studios, and topless/bottomless bars or clubs. Adult Entertainment Businesses must be carefully regulated due to their constitutionally protected status as an expression of free speech. The classification of these businesses is difficult, particularly in the case of Adult Entertainment Businesses, since many of these are involved in the selling of printed material as well as novelty items, and the showing of peep shows. For the purposes of this study, businesses listed as bookstores include a substantial portion of the business involved in the selling of printed material, but may include the distribution of novelty items, showing of peep shows, and other related forms of adult entertainment. Any business that exhibits adult films on a single screen with 100 seats was classified as an adult theater even through it may offer adult video tapes or films for sale. Table 1 lists the names and locations of the 49 existing Adult Entertainment businesses in Austin. Map 1 depicts the locations of these in the City of Austin. As shown on this map, 21 of the 49 existing businesses are not located within 1000 feet of another adult business. Of the remaining 28 businesses, there are eight groups of two businesses, one group of three businesses, one group of four businesses, and one group of five businesses. The locational pattern illustrated on Map 1 indicates a propensity for adult businesses to locate along the major north/south roadways or on major east/west roadways between Lamar Blvd and IH35. � �-- _ I �%�^•�' t'�' �=t�"',,/ � � ��: — nos. f�^� •'o�jl,.ls, .; 1 y1 -i�yfr eels- TTC QUA .-; — , -_ •�'- ,✓' —�- lei �- \ I[,AVlow{T� Fall t ' 71 '� /��• .,,L,. I 1� ArP4 l .TCe� / yY •� �:�Ir . .f' f bra rTC10� -`— - — `a — - 1 TC11 V/.j ll�,._, f W2 MPia• !j:. Tc1383 h �•�•-1�. 7-W wow ST 141012 ��r`2 ,• ? 1r"• y- / WieffU/ TC7 an _ fs4 AM r •� 887 l TCS r-- AIPt. MAP I Existing A Business Locations ! !" AT Adult Theater w 93 Adult Bookstore FS Adult S Nnetore r 1 MP Massage Parlor TC Topless Club or Nude Modellng Studlo 4 mp 7 r ►r1. 1lte 7 Table 1 Existing Adult Businesses Austin, Texas January 1, 1986 Adult Entertainment Businesses Adult Bookstores 1. Adult Theater 3401-A- North IH35 2. Mr. Video 1910 Guadalupe St. 3. River City Newsstand 613 West 29th St. 4. River City Newsstand 8004 Research Blvd. 5. Video Barn 615 West 29th St. 6. Southside News 2053 South Lamar Blvd. 7. The Pleasure Shop 603 West Oltorf St. • 8. Oasis Adult Book Store 8601 North IH 35 9. Ms. Video 718 Red River St. 10. Sixth Street News 706 East 6th St. Adult Theaters 1. Cinema West Theater 2130 South Congress Ave. 2. Texas Adult Theater 2224 Guadalupe St. Adult Film Stores 1. Video Barn 5726 Burnet Rd. 2. Video Barn 708 East 6th St. 3. Video Barn 9640 North Lamar Blvd. 4. Video Barn 2055 South Lamar Blvd. 5. Video Barn 512 West Stassney Lane 6. Video Etc. 5610 North Lamar Blvd. Adult Service Businesses Massage Parlors ' 1. Am's Massage Clinic 1406 South Lamar Blvd. 2. Body Works, Inc. 2906 San Gabriel St. 3. Fantastic Oriental Massage 1104-West•Koenig Lane 4. Fantasy Massage 5520 North Lamar Blvd. 5. 1 Dream of Jeanie 4406 North Lamar Blvd. 6. La Femme 3502 North IH 35 7. Michelle's Massage 403 East Ben White Blvd. 8. Midnight Cowboy Oriental 313 East 6th St. 9. Oriental House of Massage 3007 North IH 35 10. Pandora's 631 West Ben White Blvd. 11. Relaxation Plus Massage 2716 Guadalupe St. 12. Relaxation Plus Massage 612 Nueces St. 13. Satin Spa 6735 U.S. 290 East 14. Tokyo Spa 9601 North IH 35 #104 i 15. Vickie's Massage- 3004 Guadalupe St. ' 16. Silk Lady Massage 92 East Ave. 17. New Seoul Korean Massage 8312 South Congress 18, The Casbah 9401-B South IH-35 19. The Chateau 9401-B South IH-35 20. Singletons Massage 1410 Ulit Topless Clubs and Nude Modeling Studios 7 1. The Crazy Lady 3701 North IH35 2. The Doll House 3615 South Congress 3. The Red Rose 336 East Ben White Blvd. 4. Honey's 629 West Ben White Blvd. 5. Sugar's 404 Highland Mall Blvd. 6. The Yellow Rose 6528- North Lamar Blvd. 7. Ladies of the Eighties 23Q4 South Lamar Blvd. 8. Adams Nude Modeling Resort 1023 Reinli St. 9. French Quarter 10600 Middle Fiskville Rd. 10. Burlesque Modeling Studio 4912 North IH35 11. Pearls Place 4814 North IH35 B. EVALUATION OF ADULT BUSINESS IMPACTS In order to develop appropriate recommendations for regulating adult businesses, it is essential to assess the impact of such businesses on the neighborhoods that surround them. Research conducted in other cities suggests that adult businesses have a detrimental effect on the incidence of crime and property value. This report will assess the impact of adult businesses in Austin by comparing the incidence of crime in areas surrounding adult businesses to similar areas having no adult businesses and by surveying the opinions of real estate professionals concerning the effect of adult businesses on property values. The methodology used in this research is similar to those used in the Indianapolis, Indiana and Los Angeles, California studies. For a more detailed discussion of the methodology and results of these studies, see Appendix A. Incidence of Crime Methodology. The effect of adult businesses on the incidence of crime was measured by collecting crime data for areas with adult businesses (Study Areas) and comparing them to similar areas having no adult businesses (Control Areas) . , This evaluation focuses on three questions. First, is the incidence of crime, particularly sexually related crime, higher in areas surrounding adult business sites than in similar areas without adult . business sites? Second, is the incidence of crime, particularly sexually related crime, higher in areas having more than one adult business than in areas having a single adult business? Finally, how does the incidence of crime in these areas compare to crime rates- for the City of Austin as a whole? This study collected data for 45 serious criminal offenses, termed Pact 1 Crimes by the Uniform Crime Report, and 21 sexually related f criminal offenses. These offenses are detailed in Appendix B. The data collected represents calls to the Austin Police Department from January 1, 1984 through December 31, 1985. Crime rates are expressed as the number of reported incidents per 1000 area residents. Selection of Study and Control Areas. The selection of appropriate study and control areas was a crucial element in the objective assessment of the impact of adult businesses on the incidence of crime. Study Areas containing adult business sites were carefully selected to be representative of the adult businesses existing in the Austin area. Four study areas were selected. Study Area One includes two businesses, a modeling studio and a topless club. Study Area Two also includes two businesses, an adult bookstore and an adult oriented film rental store. Study Areas Three and Four contain single businesses, an adult bookstore and topless bar, respectively. Table 2 Study Area Businesses Study Area 1 Burlesque Modeling Studio 4912 N. IH-35 Pearls Place 4814 N. IH-35 Study Area 2 Southside News 2053 S. Lamar video Barn 2055 S. Lamar Study Area 3 The Pleasure Shoppe 610 W. Oltorf Study Area 4 The Yellow Rose 6528 N. Lamar Blvd As noted, two of the Study Areas contain one, and the others each contain two, adult businesses. Although two adult businesses does not reflect the highest concentration of adult businesses located in Austin, this level of concentration is .more representative of existing locational patterns in the City. Those areas containing more than two adult businesses were examined and found unsuitable for this evaluation. r l the highest concentration of adult businesses is located just west of the University of Texas campus along West 29th Street. This area was considered unsuitable because the transient population associated with the University of Texas might unduly influence the results of the evaluation. The concentration of adult businesses existing in the Central Business district was deemed unsuitable for study due to the lack of residential uses in the area. Three adult businesses are located along IH-35 near its intersection with East 38 1/2 Street. This area was not selected because a large portion of the Study Area is occupied by Concordia Lutheran College, and a suitable control area with similar land uses was difficult to define. In order to draw valid comparisons, the Control Areas were selected according to their proximity and similarity to the Study Areas Four Control Areas were selected for comparison to the four study areas. a t 11 MAP 2 STUDY AREA 1 Ng fR \G �• 1 i • O O ell 0 0 '0 0 _ ° :: o , u 0 cJ `� 6•' y• ° s orb °o o � i 1� O 1' J ° / O c o 0 o V o s, O // ;.� 'rF'Z .tom° I t / , 1� l.0 ,f, 0 A" oMUNIC = .: _ t o� / 1 o // �` \4MF• ,•- t - ° s i sr - �� ,� 0�' -_3 /,•. / LAND USE LEGEND Jt cs ;. Single Family c =/ �' �/c •^/�'? �� C-'-"1 Multi Family O./ / o Commercial o u ° 01 Office 1111rt� Industrial Public / ' AI, ) Park Vacant Land r� ,\ � �'� Scale In Foot \\ C a 200 �� 1 ;/ I�, Adult Business Site ` ,,0 �'\�7 `i. ; sr/j��/ ///� \ma`s\`.. -• �� — 'i �� '3 . :}L MAP 3 ILCONTROL AREA 1 CS 61 CS 4.0 �i �l'R� .n//� .7' /♦Off. /` / � o. S to 10, r I Q O , co '\.°/c o SF-3 C AV 1,C / Q �• ll•Y1 �� L� SF ` c;�'•� c. r t LAND USE LEGEND •' ' Single Family 17—I - /r G .. t _ —� Multi FamilyS ° ,R 1ri�t / � Commercial - % o Office La Industrial c ? ° Public IL-aie lot FootJ ^` /f, / t( '� Park 00 � �• + + l I' Vacant Land L•� ' MAP 4 STUDY AREA 2 SF.3 CS \\ SF . . :-CS X� Ir, Ja ., :r, SF-3 . o �• o - 0 F-3 �. SF- lox3 AU Sr-3 ASF-3 t �. `• �' / c CS \,�, ,+ W-3 ,�/.�� •-sue-. � ..\ � � LAND USE LEGEND A// Single Family C S — Multi Family -3 Commercial r Office CS �f Industrial Public CS�/�� r = Park C ---I Vacant Land Scale In Feet / i � 0�200 / � � , . � Adult Business - ` Site \ 14 MAP 5 CONTROL AREA 2- I i41( _,l y ; a ,(CSC f Ci'tom G'C C'��.�\\ a •� r \''i✓ - % C 0 Ile, ru 0 0 j0 0 0 0 �/ a' 63 O Oo :.5 / cr RPOSE \0 �iFT 2 o ,' ,�� '� :• r I-SF 041 �! � . --- —r-• v GR LAND USE LEGEND ..... . I 1 ,-I-S F- ,\��` MF_3�� Single Family I—""""-,' 1 Multi Family LR� �MF Commercial � l— -1 Office Industrial - Public Scale In Foot U Park 0 200 Vacant Land l � • MAP 6 STUDY AREA 3 J. -Y �' + NJ 77 MF-3 1.4 LO :� _3 /- - � 4 .'IMF S F C`�� .:{ 6K.�S PARK G O G�� , •o s i7�.�� Ss-c' „,r G v J WA o 22 CS )GCS ` o :�. GF C$•:/ . `LAND USE LEGEND 7 .�.0/� \ rs".� `�,��\i,.• F• Single Family rv1F 3 r::-Z= Multi Family commercial ,< •/ y �/...��- o�7\c�•. ,( 1�CS� Off icy � Lcr Induatrial LR Public Park �. ',.•� ' � . '�: �\ �: Vacant Land Uwe In FNt Adult Business 0 2200 r;� . Site MAP 7 CONTROL AREA 3 �� ,,• , " I° ��,.- �:-� • .fit � ^� -. v i• FS O 0. .�\ IMF 3 FE G\ O O - G p O O 9 p mot" o 1 `.. 0 �. v \ O tir u 0 p c . LO410 ° r - . J is all 'Alp LO v I CS \` " �/'�¢ ,� / ��"} l ' LAND USE LEGEND -'I •.,., J 'LR -� ``�•�, _^, `" f Sinple Family � •, Multi Family � 11M Commercial if r Office CIC MF-3 i` �� •/ ' % i•, hiii Industrial -=t LR fMFZ-*�// Public -4 Scale In Foot �� ''� `4i , Park 0 200 ".41��F•4I" � v �- / —� Vacant Land MAP 8 STUDY AREA 4 c / - 1 . l v O r1% o 0. 1-1 o 0 0 0 j ' %p0/0. O / \ 0 0� 10 ct f O Q%O \ \ 0 0 097 /O O Q O / p �•��' G �� /� `/�O. O ° p 0 CO O// O� ° i0 O O p 0 of /' \• �rJ / . 0/ 0 L), ! , C, 0 0 0 o `emu / o 01 ,° 7 r • ��` �rF_ •� � '` ? ,..,• \\l' LAND USE LEGEND )F �� 'I- •,P,1F- `�� i Single Family %/CS t Multi Family CF Commercial %c / CS-1 ��`` / ��``''' I-- Ottice r - ,CS/ L;cc°s _ Industrial Public Park 8"10 in Feet Vacant land ; _ / a: Srl A /.IV p zoo Adult Business OrS •:: Site /r '" :i MAP 9 CONTROL AREA 4 CS I '(MF-3,;,. � ,CS , .. ' / 7 l•: / .� �--lam �Y �/�: � ` � •i� `M:� -.1. MF-3 •:� �w {'MF / ° �O p/ ?1; p O O O / ` O `� 0 /0 o. O �O O y \G p p ".: f i0 0 ,0 O i . I J , 0 10i °gyp?_ c � O 0. °o ' ��• / o/ ono o, o \ ° I LO.- 0 CS 'LO 0 0 LAND USE LEGEND //� [� Single Family GCS-i ,/ a Multi Family �.� ' :i.:-;• �`J�:'.. _v "l Commercial 0 Office / %01 s s ,��_ Industrial - \=� �•.•7`i GG 0. Public �� Scale in F•.e � ! �.:` � .c Park 1. o 20O / /+ �� ` �� Vacant Land �R! ild OMILO)l ACea Chacai:l et isti s. All of tile SLucly and t_: Iltt o1 :<.uuillt'�l to i�lenliEy s, ilariLies. I'lley all ace circular fl. l, - L•/1111 l 1OOO I.O, L I.,0 'sr d si-L(! of 7-- acres, <pu io III f.Ic 1-�)1111•�I wn clnd lamed IIfiE? C1lrlr11ctE`rl!itics. Ifle 1)(11)ltlatlOn i I1,irricI i:;Lic:S 0E eeI(:11 a+ea WULU analyZecl uSiny block data ErOm the Ilsl 11ousincj. The rcclEl is are sunanarized in ls Of Pi;l;�ll�iti on 'Ill(' •1, `,, uul 6. f")Ill EIsE Ehar,rc:tE?ristics are suuunari.:ed in Tahle 3 ArE'a L poluilation CIWLacterisLics ►:thn i c i ty S tu(1y Control 69.8 68.0 Anglo Fil<<ck 7.9 10.4 11i:spanic ?1 .5 21. Ut III!r o.8 0. 1 1 A)1. c:omposi thin tinder 18 11 .0 19.6 18 to 64 80.0 72.7 6 any] over 9.0 7.5 0.1le r Occupancy 17.5 25.5 'rahle 4 AL ea 2 Population Characteristics Ethnicity Study Control Anglo 60.9 75.2 Black 4.4 6.2 lfispanic 33.5 18.0 Other 1.2 0.5 Age composition % Under 18 24.0 20.8 's 18 to 64 62.5 71.2 65 and over 1.3.5 8.0 Owner Occupancy 34.7 26.7 . 1 - �n P„Lntl.r( i rr t lr,ri .lr! r'r t .l irk I ' '11ric•ity `"I.0 ly t: ,I11.Lr L rlrnrl() Ll, l ,.1 •it Hi l)► Ir,,t 6. 1 U t%t it r.r IIIL)1l.`i l t Lr,ll Under lfl I(1.1 25. L Ln to 64 51.6 69•r 65 .inLl over 11. 3 5. 3 Otnrer U�cuL�ruu y 27.9 4©.9 At :.1 4 rnpu l a t i un c'l io r'. Etlutirrity Slttrly ( Ultl LVL nn(jl 811 .4 f1i�,I,.lrI1C 1.2.�1 l :t.'1 OLIIFr Iv)' Cr.;utl)usitir�n Ui ido r 1-8 16. L 1£l Lo 64 69.4 u.5 65 and over L1 .5 5.7 u:;ne r OCcuL�cu tc y 38.2 -- - __ -- - 'ra h l e 7 !Area 1 Existinrj Cann Use ( in ICLes) Study CuntLr�l Single Family 14. 1 16'9 Multi-Family 3.0 1.5 c.-li=ercia1 11 .9 9. 1 trEfice 0.3 2.2 industrial - F',tblic 3.9 4.4 rarkland - - Vacant 1.6 0.7 Roads _.. -- - -- 37.3 21 l lL�e ( in a('Lesl ;;duly Cont col 1 ) 2 21 .6 G;uniy �1. 7 L .ti ' .0 1).1i 1 1 1!; L L c1 L - L'1ltJl LL L.2 - PZkLkland Vacant . 1 - — Pnals 18.0 17.5 'cable 9 AL eas 3 Fxistin(3 [.acid Use ( in aCLu.'�) Study Control c single Family 11.0 34.Z (1,I1ti-Family 7.2 9.6 ('(,nlmerCia1 7.2 ti.e I 'ffice 0. 1 0.4 1 ndu5 t r i a l 2 1'I Ihl i c 9. 3 Parkland 6.6 - `ICICililt 8.0 4.2 F(jacls 11 .7 9.9 - 2.2 co� Table t0 ALCos 4 Existing Lend Use ( in acres) Study Control Sinujle Family 25.1 22.7 t•iult i-Family 2.3 4.9 , CommO r c i a l 26.6 15.8 Offi,-e 1.1 5.1 IIVILV;t.L i a 1 - 2.3 Public - 0.4 Parkland - - Vacant 1.6 3.7 Roads- ---------- 15.4 -- --- ----17-2 Results, The crime rates calculated for each Study and Control Area and for the city at large are indicated in '.'able 11. Table 11 , Average Annual Crime Rates (*Mwl (per 1000 population) Part 1 Crime Rate Sex Related Crime Rate Study Area 1 181 .82 8.72 Control Area 1 320.65 2.17 Study Area 2 552.54 13.56 Control Area 2 96.69 2.48 Study Area 3 128.59 4.97 Control Area 3 69.60 2.37 Study Area 4 185.77 7.91 Control Area 4 133.41 1.84 City of Austin 83.14 2.81 All Control Areas 132.23 2.21 23 it tjy,;is of Table 11 reveals a definite pattern concerniny sex-related ' I u: rates. Sex related crimes rates in Control Areas are , 117,if;rently low, ranging from 651 to 88% of the city-wide average. hi contrast, sex related crime rates in the Study Areas are ,,j,t,stantially higher than the city-wide average, ranging from 177% to list% higher. Tile sex related crime rates for Study Areas 1 and 2, which each r contain two adult business sites, are higher than those in Study Areas l and 4, which each contain one adult business site. Table 12 1,011SOlic.lates the crime rates for Study Areas 1 and 2 and Study Areas 3 and 4. this analysis indicates that the sex related crime rate in areas having more than one adult business site is 66 percent higher than in areas having only one adult business site. ' Tabl,g„12 Combined Average Annual Crime Rates ' Part I Crime Rate Sex Related Crime Rate Study Areas 1 & 2 281.42 10.02 IControl Areas 1 & 2 193.43 2.35 Study Areas 3 & 4 159.70 6.02 ' Control Areas 3 & 4 97.44 2.21 Real Estate Impacts MethodolM. In an effort to assess the impacts of adult entertainment businesses on property values in Austin, a survey of the ' opinions of real estate professionals was conducted. A three-part questionnaire was designed to gauge the opinion of real estate appraisers and lenders in the Austin area regarding the effect that an ,idult entertainment business would have on surrounding property ' values. The first part asked respondents to indicate the effect of one adult bookstore on residential and commercial properties located within one block and three blocks of the bookstore. The second part of the survey asked respondents to guage the effect on residential property values within one block for a variety of commercial uses other than an adult bookstore. The third part of the survey asked questions designed to estimate the degree to which property values are affected Ly adult businesses, and to establish the basis for the appraisers' opinions. A sample questionnaire is included in Appendix D. Results. The questionnaire was mailed to 120 firms listed in the Southwestern Bell Yellow Pages under "real estate appraisers" and It estate lenders". The Office of Land Development Services received 54 responses; a response rate of 45 percent. The responses r to the questionnaire concerning the effect of adult businesses on I property values are tabulated in Table 13. Table 14 stumnarizes the results of the questionnaire regarding the effect of other commercial uses on property values. 'ra1)1 - 13 The Gffcct of Adult M'Sinesses on Property values in Austin, 'rexas Decrease Decrease Decrease Nu C)�z��c3e _ 1 to 10% 10__to 20% 20% Ur more R •siclential ProE�erty One Block Radius 120 31d 26% 315 C(�uutivrcial Prul)crrCy One Block Radius 31% 30's 33% 615 Residential Property 'Three Block Rcidius 41% 28% 26% 5's Commercial Property Three Block Radius 59 30% 9% 2% The tabulated responses in 'rave l3 indicate that a substantial majority (881) of those surveyed felt that ai► adult book store would have a negative effect on residential property located within one block. Of these, 31 percent felt (Mew, that value would decrease by more than 20 percent. A majority (691) felt that the value of commercial property within one block of the bookstore site would be negatively affected. Only 6 percent felt, However, that the decline in value would be greater than 20 percent. 'ripen the distance from the adult bookstore is increased, the negative impact on property values appears to be less severe. while a majority of respondents ( 596) indicated that residential property located three blocks from the bookstore would decline in value, only 5 percent felt the decline would he greater than 20 percent and over 4U percent felt that there would be no chance in value at this distance. The majority of respondents (59%) felt that there would be no change in value of commercial property located three blocks fCOm the adult bookstore site. 25 i Table 14 The Effect of Commercial Businesses on Residential Property Values in Austin, Texas Much Somewhat About Somewhat Much !!0her !ligher The Same Lower !Lower 2% 16% 58% 24% �luiich 2b 39% 4546 14% Pool !fall -- 4% 36% 45% 15t; welfare Office g% 38% 34% 21% Neighborhood Tavern 26% 61% 11% 2% Record Store '- __ Medical Office 36$ 41% 6% % Branch Library 21% 4 22% 6% 2% Drug Rehabilitation -- 2 % 48% 28% Ice Cream Parlor 6% 16% 53% 6% -- video Game Parlor -- 14% 53% 28% Adult Video Arcade -- - 19% 23% 58% 'I�opless Bar -- -_ 19% 23% 58% ' %m 23 2 5 % 21%% 56%% massage Parlor __ _- Aclult Theater 23 ' The survey also asked respondents to indicate the effect on residential property values if the site was used for something other than an adult bookstore. As indicated in Table 14, the majority felt that property values would be higher if the site were used as a medical office or branch library. They indicated that residential property values would be reduced if the site was used as a pool hall, Itavern, welfare office, drug rehabilitation center, or another type of adult entertainment business. I Causes of Pro ert Value Decline. ..The real estate professionals were asked to describe the effect of adult businesses on property values in general and the basis for their opinions. These questions are important because they help establish why property values are affected by adult businesses. The respondents based their opinions on several factors. They noted that the type of clientele attracted by adult businesses create concerns among families with children. Several noted that residential properties in close proximity to adult business sites are no longer suitable as homes for families with children. This eliminates a large I portion of the market, lowering demand, which in turn decreases the market value of the property. It was also noted that the existence of adult business facilities leads mortgage underwriters to believe that the general neighborhood is in decline. Therefore, they would be less willing to make 90 to 95% financing available for these properties. cce:p,iirlrnts indicat:c(I that "PridC )E nanership" t►os an inq tent intluence on ptopetty values. when Loonies atF? enc:(n►t•_►ged t') "'We a ►esidential area or discoura(3ed from locating in a pate cular aL-a due to the existence of an adult business neacby, a tra►►_.ition frc,m a family-oriented, owner-occupied neighbothood to a more transient, renter-occupied neiyl►borhood may result. This trend is ? einforced by the reluctance of Leal estate lenders to make 90 to 95% financing available for residential properties in the area. With regard to tt►e effect on commercial properties, respondents cunorn-nted that (:uuunpccial property values were ncyatively impacted but to a lesser degree than residential properties. It was also noted that the impact of a single adult entertainment business would be less severe than the impact resulting from a concentration of businesses. Other comments indicated a negative impact on the sales of businesses engaged in neighborhood trade. One respondent commented that adult entertainment businesses tend to drive out residential or commercial uses. Those respondents who indicated little or no change in property values cited several reaso►is for their opinions. Several commented that adult businesses locate in areas where property values are already in experience ecline. One comment noted that commercial properties would very little effect because most commercial properties are encumbered by long term leases. Another respondent stated that there is no market evidence that values will change. In summary, most appraisers and lenders believe that adult businesses will contribute to a decrease in surrounding property values, particularly residential properties within a one block radius. Tlie appraisers opinions will affect property values because their lending and appraisal policies will, to some extent, determine property value. C. TRADE AREA C11ARACTERISTICS Tile use of zoning authority to regulate the locations of adult businesses implies that these businesses will be limited to certain zoning districts. In order to make appropriate recommendations for assignment of these businesses to specific zoning districts, an understanding of their trade area characteristics is important. Specifically, it is useful to know if a substantial portion of the adult businesses clientele is drawn from the immediate neighborhood or , frcm a larger regional area. Methodology In order to establish the extent of an adult business trade area, a method of determining the location of customer residences must be employed. The method selected for this evaluation was the observation f vehicle license numbers. It was assumed that addresses listed on the vehicle registration reflected the location of the customers residence. i � � (ire ;�F 'F3 I�4"`��`,� t ` l� n •-,• i II.`� ' I (` -- - �1 `I�,. MMM K,Yrf�� IT,,�C�I�1 ��.., •�.�.i tW1• TV l � � I�—� � ;.1 :'•n.�;'�:+ it`s 1;�'4.,/ \/ .114�: ;� — �I1'�t I EL � ., J r • 3. --,` -:old .� ! �/ .�t. d'r 11f/�F:r "�ti~ � )(/`j��i[I-�i;�.'��cg:�, �/k{•.rn) 1 r� •�1 �j�`_��f•1� �'� "/t( I//�1�., , tt�f �`/R�'i'•-�p N '`'a// T � '• , ! � � ,,y t'J fir, ,'- ' !' ,R _ :• r;► iil' '/ •�:< �.�; ./ ;;Jam' ;�-7 zT y� t ti!(,, .. r «f .fit It. �i �(./,� Ll ri��!/ •t� 'V�r {�+' �,[f'i'T{1��. . t` �p.� %i(=:f j�f� .der ! ' t+.�•��,•` .F1 �'�;-•/T� < `. ``� `. . Y ; •. 14 + ''�% . t f.}`,\ •�r tl�•.,., '�P�� `r,j' `i �-� 1 - - ri•` ti s! a ' 1 � �*4 J ��„`F�-f f�1l �F��r� �t e7•. r�' • �i a .,tom. (�.n;':•.,•�,�;j�;�� i' n 1 11.4 -t�•�!`Vnll�` ��.-`f�,!s � `ram t,'•...f. ` I tr - � i�•' , {G �`'�� MAP 10 s I� = _ � 1n�y,�=~ `•r J �� j ti Adult Business Trade Area Southside News 2053 So. Lamar Blvd. �� — �'+ } v�" +. • Austin Area Business Patron _ Out of Town Business Patrons • Bryan. TX • S■srhvill•. TX ' — 'u •-+ �� 1:tff.,�t.� • Houston, TX - - \� �: • San Marcos. TX — �j =•� • ft. Worth. TX • Cary. TX _77" F 28 '�� '+ \��.,•.1.,, !� , /..,•=.,:J;?fir-r�:i:• r/;,"� I ) ."`• � �'E''-~��!•L�`•"�•� �:/ 'CCU t'��::.� r �,': �'=�4'h�j� / �. - •' '.+ i.f• :.' •�� 4.•�.-, is /�•' ( s' p: Zti w. -l:"K :� I./' '+' :, j�y ,,e!rf;r �_:":•;•-L%, �...r;'�; �; / '� '�: �c�ilir':_� (•'! 174j�� t';.`t tii, r• P- � ,N I �.:C� .t 1�1� � i•••��J}-( I?�•��r�!' Mfillh �/,� J:•.� ..,i;ri•,+, ` I 1 ` I ;.%,. �. �.. ` �. •.,. J ff�� is'• 14 zx 11, .. .tit •�. ' 1 . �' •• [�� f� � ` 1• '` ,; ��'a►:l'.��•�;�•� ;��T.} �.,.! r r�?� , ;�' � f ::,+-`•f�l_ /,.A y,�,'il. r�f.="!t' r ��•+: t .,w�:l�,�l 7;. —• �!•il(,'d.:••� `-^ •`�f `A,'�� `�.� ♦ .,1C.. I:�• .it •� •i�Sr�til '�l i'I t .!ft �'{!' A Ir rl' /A FYI 1 f>k _►1,��,�•� J%•'j�� i<: ' ;►� �'� f � �� :i< 1 i�",. )/,I. 1 J t,�wy•l'• '•.' ,'/�.•::• '� I— I k r +�_N ' •is �; �-: .• ,, �� 460 51. iT MAP 11 (} ` COMMA WEST 2130 SOUTH CONGRESS • Austin Area Business Patron 1 Out Of Town Business Patrons f ♦San Marcos, Ts. i s Lo j •Lockhart. T:. FN •Ssacrop.ASsm Antonio, ' •Lancaster, Ts. •Houston. Ts.Jr J 7T 17 29 to M1, L t a',_ j ' '✓ ► /7 Ali�,..��-•��l 1 `. r.J �7.�/(i 1,z f 7 — I zy I , " V 1 �•t•w�.Fri.%\ I <',�L�'.!<••�� .�—� � {. AV �`� �;SI .r :,�fit ': I�:`•i:. ;j� trt yr7•,'7'1 r:. /I 1l/i.y -- — - — r— — (L� � ��'� -r•:}W..i.• y1�j!LI j.34fr i --. '<I:;t..r.-- t• �i•.. .A )/ •11`'r; r%f,�, l Y`` '� j.21 1 .�/ ' j r ; ' lima I S r - Lu -\� , !t• 'i- •••r ',l� '+_::�% , ^j:14 r t�.'� �� r-=err--'----- 11 /J ~�frl ? 'i'.;''�';fit• �( �� j'/' �{ +171,-f' /�•any�•` I �,'}' <�� -=+' c 1 � (� � � :,�, £' tea• � '� �, '�lj�' � / i .r � ,I ► .� ''C',<'�'\�' f P i /aZ,�j ,(,ram. t-► j' ��;. �r•,' / ��;:(.,: •.. '�,}' fit• ,'/ ;;. , r�-s � � � ,� J�r1,(�T4lri�;:'.1•f!.?//-��,., ��'1 �— tZ _:f� .=1: !� ,- .'` IIY'.L;'";�ii %- ' -F if �.� .��r��y + '/If�1ry•'c.�-� �. ,! r— F � -��JJL��;;[Sy '��:((t.if��n �•� 'h�+':IF��1/��.J rr..`;-J �'�r�� MAP 12 ,- - j•:, ,YID +`• r r,,•�. �'��'•�rF ry� ♦ YELLOW ROSE 8528 NO. LAMAR 7,1 <,;i'' i ♦ Austin Area Business Patron A.; Out Of Town Business Patronsib r -4 ♦Haeo, Ts. ♦Maaoc. T:. ? *Giddings. Ts. ♦♦San Antonio. Tx. I r // :i.Z�l�� J t ♦Mor an. Tx. ♦Corpus Chrleti, T:. ♦Midland. Ts. ♦Pt. Arthur. Tx. ♦Dallas. Ts. ♦Garland. Tx. `\ R- ♦Farmington. Tx• ♦fittsbuegh. Ps. ♦Cedar Park. Tx. ♦Nouecoa, ?:. — ` ♦Liberty mill. Ts. ♦ttlgin. Ts. ♦Dale. Ts. ♦hound Rock. Tx. { *Bertram Ts. I#Dal Vale. Tx. IV I 1 io' Three adult business sites were examined; an adult theater, an adult bookstore,_ and a topless bar. Due to study constraints, observation of these sites was limited to a single weekend night. It is believed, however, that the results of this examination reflect a reasonably accurate representation of the trade area of each business. Results The general location of customer residences was plotted on a map along with the location of the observed adult business. Addresses located outside of the Austin area or not found on the map are listed on the map legend. Maps 10,11, and 12 illustrate the residences of observed customers with respect to the adult business surveyed. Thesk maps indicate that the location of customers is fairly evenly distributed throughout the City, particularly in the case of the topless club, (Map 12) . None of the three businesses observed appear to attract a significant number of customers from the immediate neighborhood. of the 81 observations made only 3 were located within a one mile radius of the adult business. It should be noted that all of the adult businesses studied had single-family-residential neighborhoods in the immediate vicinity. I Almost half (44 percent) of the observed customers resided outside of the City of Austin. Table 15 summarizes this analysis for each of the adult businesses. I Table 15 Residence of observed Customers r Adult Theater Adult Bookstore Topless Bar Within Austin 8 4 34 Outside of Austin 6 7 23 Total 14 11 57 1 CHAPTER IV f CONCLUSIONS A. CRIME RATES ' The results of this study indicate that there can be significant detrimental impacts on neighborhoods located near adult businesses. An analysis of sex-related crime rates in areas with adult businesses (Study Areas) revealed rates approximately two to five times higher than city-wide averages. Control Areas, which contain no adult businesses but have similar locations and land uses as the Study Areas, were found to have sex related crime rates approximately the same as city-wide rates. Moreover, sex-related crime rates in Study Areas with more than one adult business were found to be 66% higher than Study Areas with one adult business:--. B. PROPERTY VALUES - The results of the assessment of the impact of adult businesses on property values suggests that there may be a severe decline in residential property values located within one block of an adult business site. There is an indication, based on the subjective opinions of real estate appraisers and lenders, that the introduction of an adult business into an area adjacent to family-oriented, owner- occupied residential neighborhoods may precipitate a transition to a more transient, renter-occupied neighborhood. The results of the survey of appraisers and lenders closely parallels the results of a similar survey conducted in Los Angeles, California and nationwide surveys conducted by the Division of Planning in Indianapolis, Indiana. C. TRADE AREA CHARACTERISTICS The analysis of the trade area characteristics of the adult business sites indicates that these businesses draw a substantial portion of their clientele from outside the immediate area in which they are located, and a sizable percentage of their clientele appear to reside outside the Austin area. From a land use standpoint, these businesses exhibit characteristics similar to other regionally oriented commercial service businesses. D. RECOMMENDATIONS Zone Districts The analysis of the trade area characteristics of adult businesses revealed that they tended to attract a regional rather than local clientle. This finding suggests that such uses should be restricted to regionally oriented commercial zone districts. These districts are usually located along heavily traveled streets such as arterials and interstate highways, and are not normally near single-family neighborhoods. Commercial zone districts that are designed for a regional orientation include CBD, DMU, CH, CS and CS-1 and to a lesser extent, the GR, L, MI, and LI zone districts._ dispersion of Adult Businesses ,the analysis of sex-related crime rates revealed that when more than one business was located in a study area, the crime rate was 66% higher. In order to address this potential p[oblem, the regulation of adult businesses should prohibit their concentration. Presently, the ordinance requires a 1,000 foot (about three city blocks) seperation hPtween adult businesses. This requirement should be continued. E. POTENTIAL LOCATIONS The available use district maps were examined to identify potential locations where new adult entertanment business would be permitted to p establish. Although the available-maps do not provide full coverage of the city, the most heavily urbanized sections of the city were examined. The analysis found 4534 parcels of land of various sizes where an adult entertainment business would be permitted as a use by assigned to these parcels. Adult right under the current zoning entertainment businesses would be allowed as a conditional use on an additional 3328 parcels. These locations are located throughout the city and offer extensive sites for the establishment of new adult entertainment business. Permitted locations were found on approximately 110 use district maps, which comprise well over 90% of all maps examined. The maps will be retained on file in the Office of Land Development Services; 301 West Second Street, Austin, Texas 78767. F. CONCLUSIONS Implementation of the above recommended regulations will assure protection of First Amendment rights, and will also allow adult oriented business to operate without adversely affecting the property values and crime rates in surrounding neighborhoods. 1 1 assignment of proper zone districts must also consider the type of add,16 t business. Adult Entertainment Businesses, (including b<,t.%stores, thejters, and film stores) represent a form of free speech whi(-h is protected by the First Amendment. Regulation of these uses must not unduly restrict freedom of speech. Adult Service Businesses, such as massage parlors and modeling studios, are not as sensitive to First Amendment issues. Adult Entertainment Businesses are recommended edult Service L, CBD, DMU, I CS, CS-1, CH, MI, and LI zone districts are recommended in the L, CBD, DMU, CS, CS-1, and CH zone districts. Conditional Use Permits The conditional use permit process offers a viable method of regulating adult businesses by providing an extra degree of review needed to address the potential impacts adult businesses generate to surrounding neighborhoods. Unlike traditional zone district regulations, conditional use permits require site plan review, thus I affording additional analysis and control. Austin's current zoning ordinance prohibits adult businesses from I locating within 1000 feet of any property zoned or used as residential. This provision led to the invalidation of the ordinance. in the suit initiated by Taurus Enterprises because it was found that almost all commercially zoned property is, in fact, located within 1000 feet of residential property. This is particularily true in older areas of the City where narrow strip commercial development is flanked by residential use. This restriction should be eliminated from the ordinance and the issue of neighborhood protection should be addressed via the conditional use permit. Conditional use permits are recommended in the GR, L, DMU, MI, and LI zoning districts for Adult Entertainment businesses and for Adult Service businesses they are recommended in the L, DMU, CS and CS-1 zone districts. See Table 16 for a summary of these recommendations. Table 16 i Zoning Summary GR L CBD DMU CS CS-1 CH MI LI Adult Entertainment Businesses C C P C P P P C C Adult Service Businesses - C P C C C P - - C - Conditional Use P - Permitted Use t Appendix A Ari , lysis of Adult eusinecs Studies in Indianapolis, Indiana and Los i An,4eles, California. A. INDIANAPOLIS, INDIANA In February, 1984, the Division of Planning in Indianapolis published a report entitled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results of an evaluation of the impact of adult business upon the surrounding area in terms of crime rates and real estate values. Incidence of Crime Methoaology. The Indianapolis study assessed the impact of adult ' entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. The six Study Areas were selected from among the forty three adult business locations. The criteria used to select the Study Areas were their zoning mix,. population size, and the relative age of their housing stock. The Control Areas (having no adult businesses) were chosen on the basis of their proximate location to the Study Areas and their similarity in terms of population size and zoning mix. of the six Study Areas, two consisted primarily of residential zoning, two consisted primarily of commercial zoning, and two contained a mix of both residential and commercial zoning. All Study and Control Areas were circular in shape with a 1000 foot radius. The Indianapolis study evaluted crimes in the Study and Control Areas for the years 1978 through 1982. The study compiled all reported incidents to which police were dispatched. These data were assembled into two groups: Major Crimes and Sex-Related Crimes. Major Crimes included Criminal Homicide, Rape, Robbery, Aggravated Assault, ! Residence and Non-Residence Burglary, Larceny, and vehicle Theft. Sex-Related Crimes included Rape, Indecent Exposure, Obscene Conduct, Child Molestation, Adult Molestation, and Commercial Sex. Results. The evaluation found that for both the Study and Control Areas, the rate of major crimes was higher than the corresponding rate for the Indianapolis Police District as a whole. The average annual rate for major crimes in the Study Areas was 23 percent higher than the corresponding rate in the Control Areas. Comparison of the rates for sex-related crimes indicated a considerably larger difference _ between the Study and Control Areas. The average annual rate for sex-related crimes in the Study Area was 77 percent higher than the corresponding rate in the Control Area. The study also found a strong correlation between the crime frequency and the residential character of the Study areas. Crime rates were 56 percent higher in predominantly residential areas , than in predominantly commercial areas. The study found a more acute difference regarding sex-related crimes. Sex-related crimes occurred four times more frequently in predominantly residential areas than in areas that were substantially commercial in nature. 35 ,al Estate Impacts t •;_thodoloc�. The Indianapolis report also evaluated the impact of ,,iult husinesses on property values. The report approached the :valuation Erom two perspectives. The first approach compared the of residential property appreciation rates rafhicalSarea thattudy Areasincludedto thosethe the Control Areas and to a larger geog p Study and Control Areas. The second approach surveyed professional seal estate appraisers to establish a "best professional opinion" regarding the market effect of adult businesses on surrounding land values. The first part of the evaluation examined three sources in the assessment of residential property appreciation. These sources were: the Indianapolis Residential Multiple Listing Summaries of the Metropolitan Indianapolis Board of.-Realtors; 1980 Census Data; and the annual. lending institution statements required by the Federal Home Mortgage Disclosure Act. The second part of the evaluation solicited the opinions of members of the-- American Institute of Real Estate Appraisers (AIREA) . The survey sample was drawn at two levels. A 20 percent random sample of AIRFA members from across the nation was constructed. A 100 percent sample of professional appraisers with the MAI (Member Appraisal Institute) designation, who practiced in the 22 Metropolitan Statistical Areas similar in size to Indianapolis, was compiled. The survey questionnaire was formulated to solicit information concerning the effect of adult businesses on residential and commercial property located within one to three blocks of the business site. Results. The report adopted the following conclusions regarding the appreciation of residential properties. First, residential properties within the Study Areas appreciated at only one-half the rate of the Control Areas and one-third the rate of Center Township (representing the performance of the market at a broader scale) . Second, while residential listing activity declined 52 percent in the Control Areas and 80 percent in Center Township, in the Study Area listings increased 4 percent. The report found that "twice the expected number of houses were placed on the market at substantially lower prices than would be expected had the Study Area real estate market performed typically for the period of time in question". The tabulated results of the professional appraiser survey are depicted in Table 1. From these results, the report concluded that: 1. The large majority of appraisers felt that there is a negative impact on residential and commercial property values within one block of an adult bookstore. 2. The negative impact decreased markedly with distance from the adult bookstore. At a distance c betless thanree khalf the thatawhen tive impact was judged by appraisers t compared to a distance of one block. i 36 1 3. :'he majority felt that the negative impact was greater for cesidential properties than for commercial properties. ' Table I Effect of Adult Businesses on Property values in Indianapolis, Indiana Decrease Decrease Decrease No change Increase Increase 20% or 10 to 1 to' 1 to 10 to more 20% 10% 10% 20% Residential Property ' One Block Radius 20% National ' Survey 21.3 24.5 34.1 20.1 0.0. 0.0 100% MSA Survey 19.0 25.4 33.6 21.1 0.9 0.0 Commercial Property ' One Block Radius 20% National ' Survey 10.0 19.3 42.6 28.1 0.0 0.0 100% MSA Survey 9.5 20.3 39.9 29.9 0.9 0.4 Residential Property ' Three Block Radius 20% National Survey 1.6 9.3 25.4 63.3 0.4 0.0 100% MSA Survey 2.6 7.8 28.9 60.3 0.4 0.0 ' Commercial Property ' Three Block Radius 20% National Survey 0.8 5.2 16.5 76.6 0.8 0.0 100% MSA survey 2.2 3.9 16.8 75.9 1.3 0.0 17 ;, n Inciianapolis appraiser survey included a question designed to help tahlish the basis for their opinions regarding the degree to which ,, ?tllt businesses affect property values in general. Almost 90 percent ut those responding to the survey provided responses to this question. In the national survey, 29 percent saw little or no effect on surrounding property values resulting from adult businesses. They listed as a basis their professional experience; the observation that ' this use generally occurs in already deteriorated neighborhoods; and the feeling that the effect of only one adult business would be inconsequential. One half of the respondents projected a substantial to moderate negative impact on surrounding property values. Their responses were based on the feeling: that adult businesses attract "undesirables" to the neighborhood; that adult businesses create a bad image of the area; and that this type of use offends the prevailing community attitudes thus discouraging homebuyers and customers from frequenting the area. Twenty percent of the respondents indicated that the potential impact on surrounding property values was contingent on other variables. Many felt the impact would be contingent on the existing property values in the area and the subjective value of area residents. Some felt that development standards controlling facade and signage would determine the degree of impact, while others indicated that the nature of the existing commercial area and its buffering capacity as the most important factor influencing the impact on surrounding property values. The MSA survey results closely paralleled those of the national survey. Two additional responses are noteworthy. First, some respondents indicating a substantial to moderate negative impact based their opinion on the feeling that such uses precipitate decline and discourage improvements in the area. Second, some respondents felt that the impact on property values was contingent on whether or not it was likely that other adult businesses would be attracted to the area. B. LOS ANGELES, CALIFORNIA In June, 1977 the Department of City Planning of the City of Los Angeles published a report entitled Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles. The study includes an evaluation of the impact of adult businesses on both crime rates and property values. ' Incidence of Crime Methodology. The City's study evaluated the impact of adult businesses on criminal activity by comparing crime rates in Hollywood to crime rates for the city. Hollywood was selected as a study area because of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which time adult businesses in Hollywood proliferated from 11 to ^88 establishments. ■ R. -fn-IIts. The City's study monitored trends in Part 1 crimes. Part 1 CL1c 2s include homicide, rape, aggravated assault, robbery, burglary, Iat < ny, and vehicle theft. The number of reported incidents of Part 1 rimes in the Hollywood area increased 7.6 percent from 1969 to 1975. This was nearly double the citywide average increase of 4.2 pec.:ent for the same time period. This report also monitored Part I crimes committed against a person (as opposed to those committed against property) and found that they increased at a higher than average rate in the Hollywood Area. Street robberies and purse snatchings, where in the victims were directly accosted by their assailant, increased by 93.7 percent and 51.4 percent, respectively; compared to the city wide average increase of 25.6 percent and 36.8 percent. The increase in arrests for Part II crimes indicated an alarming differential between the Hollywood area and the city as a whole. Arrests ' for these crimes increased 45.5 percent in the Hollywood area _ but only 3.4 percent city wide. Prostitution arrests in the Hollywood area increased at a rate 15 times greater than the city average. While the city showed a 24.5 percent increase, prostitution arrests in Hollywood increased 372.3 percent. In 1969, arrests for prostitution in the Hollywood area accounted for only 15 percent of the city total; ,.however, by 1975 they accounted for over 57 percent of the total. In the Hollywood area pandering arrests increased by 475 percent, which was 3 1/2 times greater than the city wide average. In 1969 pandering arrests in the Hollywood area accounted for 19 percent of the city total. By 1975, the share had increased to 46.9 percent. The Los Angeles Police Department increased their deployment of police personnel at a substantially higher rate in the Hollywood area in response to the surge in crime. The report emphasized that sexually-oriented business either contributed to or were directly responsible for the crime problems in the Hollywood area. Real Estate Impacts Methodology. The study prepared by the City of Los Angeles utilized a two point approach in evaluating the impact of adult businesses on ` surrounding property values. The primary approach sought to establish the impact on property values by monitoring changes in assessed value from 1970 to 1976 for selected areas having concentrations of adult businesses and for appropriate control areas. The report selected five study areas containing 4 to 12 adult entertainment businesses. Three study -areas were in Hollywood and the other two were in the San Fernando Valley. Four control areas, having no adult businesses were selected. The study examined property assessment data, U.S. census data, and other pertinent information to determine the rate of appreciation over the six year study period. The rates for the Study Areas were compared to the rates for the (bllalues. ontrol Areas to gauge the impact of adult businesses on property . 10 ' [h: second approach of the study used survey questionnaires to ' suii'-ctively establish ercial properties. Two questionnaires the impact of adult businesses on surrounding estionnaires were i,,,, .�iential and comm distributed to all members of E,r1 , ared. 'The first questionnaire was tt,,, American Institute of Real Estate Appraisers having a Los Angeles address and to members of the then1Study cAreas. oThee altors of second having offices in the vicinity of owners (other than questionnaire was distributed to all property within the single family residential) en0 edew f Study ithinputfrom Areas.the general results of these surveys were supplemented public meetings held in the area. pul,lic obtained at two Results. The evaluation found that there was some basis to conclude that the assessed valuation of property within the Study Areas had generally tended to increase at a lesser rate than similar areas having no adult businesses. However, the report noted that in the opinion of the planning staff there was insufficient evidence to support the contention that cntrans f f�changelt finsassessed ses have been the primary cause of these -patter valuation. I The appraiser questionnaire was distributed to 400 real estate ! professionals with 20 percent responding. The results can be summarized as follows: 1. 87.7% felt that the concentration of adultbusinesses inwould decrease the market value of busine property he vicinity of such establishments. 2, 67.9% felt that the concentration of adult businesses would decrease the rental value of business property located in the vicinity of such establishments. the concentration of adult businesses would 3. 59.3� felt that � decrease the rentability/salability of business property located in the vicinity of such establishments. i felt that the concentration 4. 72.8$ of adult businesses would I annual income of businesses located in the vicinity ` decrease the of such establishments. 5. Over 90% felt that the concentration of adult businesses would E decrease the market value of private residences located within i 1000 feet. 6, over 86% felt that the concentration of adult businesses would -decrease the rental value of residential income property located within 1000 feet. 7. Almost 90% felt that the concentration of adult businesse would decrease the rentability/salability of residential property located within 1000 feet. i r Appendix B TYPES OF CRIMES Part 1 Crimes Murder Capital Murder Criminal Negligent Homicide/Non-Traffic Criminal Negligent Homicide/Traffic Involuntary Manslaughter/Traffic Justified Homicide Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault Rape of a Child Attempted Rape of a Child Aggravated Robbery/Deadly Weapon Attempted Aggravated Robbery/Deadly Weapon Aggravated Robbery by Assault Robbery by Assault Attempted Robbery by Assault Attempted Murder Attempted Capital Murder Aggravated Assault Aggravated Assault on a Peace Officer Deadly Assault Serious Injury to a Child Arson with Bodily Injury Burglary of a Residence Attempted Burglary of a Residence Burglary of a Nan-Residence Attempted Burglary of a Non-Residence Theft Burglary of a Vehicle Burglary of a Coin-Operated Machine Theft from Auto Theft of Auto Parts Pocket Picking Purse Snatching Shoplifting Theft of Service Theft of Bicycle Theft from Person Attempted Theft Theft of Heavy Equipment Theft of Vehicle/Other Respondents to the appraisers' survey commented that the adverse t " ects are related to the degree of concentration and the type of —ilt business. They indicated that one free standing adult business m.,f have no effect. A few comments indicated that property values and hi,siness volume might increase for businesses that are compatible with adult entertainment businesses (e.g. : other adult businesses, bars) . A high percentage of appraisers and realtors commented on the adverse effect of adult businesses on neighborhood appearance, litter., and graffiti. The survey of property owners indicated that almost 85 percent felt that adult entertainment establishments had a negative effect on the sales and profits of businesses in the area. Over 80 percent felt that adult businesses had a negative affect on the value and appearance of homes in the area immediately adjacent to such businesses. Area property owners and businessmen cited the following adverse effects resulting from adult entertainment establishments. 1. Difficulty in renting office space. 2. Difficulty in keeping desirable tenants. 3. Difficulty in recruiting employees. 4. Limits hours of operation (evening hours) . S. Deters patronage from women and families. 6. Generally reduces business patronage. Respondents emphasized their concerns about the high incidence of crime. A high percentage of respondents commented that the aesthetics of adult businesses are garish, sleazy, shabby, blighted, tasteless, and tend to increase the incidence of litter and graffiti. Testimony received at the two public meeting on this subject revealed that there was serious public concern over the proliferation of adult entertainment businesses, particularly in the Hollywood area. Citizens testified that they are afraid to walk the streets, particularly at night. They expressed concern that children might be confronted by unsavory characters or exposed to sexually explicit material. • s� Auto Theft Attempted Auto Theft Unauthorized use of a vehicle Sex Related Crimes Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault Rape of a Child Attempted Rape of a Child Prostitution Promotion of Prostitution Aggravated Promotion of Prostitution Compelling Prostitution Sexual Abuse Aggravated Sexual ravat dAbuse Attempted A99 Sexual Abuse Public Lewdness Indecent Exposure Sexual Abuse of a Child Attempted Sexual Abuse of a Child Indecency with a Child Incest Solicitation • l Appendix C COMPOSITION OF STUDY & CONTROL AREAS BY ZONING DISTRICT Area One Area TWO Area Three Area Four Study Control Study Control Study Control Study Control 1-SF-3 2.92 iSF-3 18.78 26.97 25.43 22.31 33.26 47.29 22.49 22.39 SF-3-H _ MF-2 _ 3.30 -2.64 .77 2.32 1.72 MF-3 .94 1.93 1.38 7.88 2.64 1.03 1.00 MF-4 .28 2.69 i MF-5 LO 4.47 1.45 .57 1.17 2.72 1.02 GO .43 CS 13.90 15.88 26.54 13.06 10.31 1.21 13.16 24.99 CS-1 1.12 .78 .34 .40 15.44 1.55 CS-H GR .98 .34 7.40 2.27 1.12 .77 1.5.5 LR .54 .89 .37 3.78 LI 3.62 AVIATION 3.05 UNZ ROAD ROW 22.59 22.33 17.65 20.53 14.51 12.74 17.51 14.34 ' TOTAL 72.12 7 -.12 72.12 72.12 72.12 72.12 72.12 72.12 Appendix D QUESTIONNAIRE Please complete this brief survey and return it to the Office of Land Development Services by December 4, 1985. Read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgement. A middle-income, single-family residential -neighborhood borders a main street that contains various commercial activities that serve the neighborhood. There is a building that recently has become vacant and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the area. Please indicate your answers to questions 1 through 4 in the blanks provided using scale A through G. Scale: (A) Decrease 20% or more (B) Decrease more than 10 % but less than 201 (C) Decrease from 0 to 10% (D) No change in value (E) Increase from 0 to 10% (F) Increase more than 10% but less than 20% (G) Increase 20% or more 1) How would you expect the average values of the single-family residential property within one block of the bookstore to be affected? 2) How would you expect the average values of the commercial property within one block of the bookstore to be affected? 3) How would expect the average values of the single-family residential property within three blocks of the bookstore to be affected? 4) How would you expect the average values of commercial property within three blocks to affected? 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the average value of the residential property within one block of the new business be: (A) much higher; (B) somewhat higher; (C) about the same; (D) somewhat lower; or (E) much lower; than if an adult bookstore occupied the site. i I 1 St ore-front church Drug rehabilitation center i Pool hall Ice cream parlor Welfare office Video-game parlor Neighborhood tavern Adult video Arcade Record store Topless Bar Medical Office Massage parlor Branch Library Adult Theater 6) In ' general, to what degree do you feel adult entertainment businesses affect property values? 7) Why do you feel this way? i t 8) Are you affiliated with a professional real estate appraisal organization? If so, please specify. ' OPTIONAL: Name and Name of Firm w �.;;. :lppendiY B 115 t f :'able 14 Me Effect of Commercial c^usinesses cn 'esicential Property values in Austin, Texas t ",►ir.;; Snmewhac ALcut Socrewha c ,Nut:: t!iniier itiriiec -tie Same Lc:.er L.^,orer !ui�eit Z°s 16� 58$ Z4� !!all 391 45A 1`t Nelfar'e Office __ 4% 361 45t 156 Neichborhood Tavern -- 9% 381 34% 212, record Store __ 261 611 11% 25 Medical Office 181 36% 41A 6A - -Stanch Library 21 40% 33$ 6 Drug Rehabilitation -- 21 221 481 28% rce Cream Parlor 61 42% 46; 6% Video Came Parlor -- 161 53; 31A fault videa Arcade -_ 4� 27% 281 421 't=less Ear -- -- 191 233 58A ;tassage Parlor -- -- 19% 23% 5a% .dolt Theater -- -- 23% 21 56 T"e survey also asked r_scandencs to irdicace the e*=ecc on :=cicenciai 1:recercy values if t`:e sita was used for something other _ran an adult bookstore. As indicated in Table 14, the majority felt prccecty values would be h'.c=er is the site were uses as a -edicai Cffice or branch library. ',"tey indicated that cesidencial ;-cc^ercy values would be reduced if _-e site was used as a cool ; ail, =-,ern, --welfare office, drug rehabilicaticn cancer, or anacher c•r'.:'e of 01-RIlt enceccainmenc business. =uses cf Property value Cecline. The real estate professionals were z-s<ed to describe the effect of adult businesses on pcocejty values in -enecal and the basis for their opinions. These questions are :mroctanc because they help establish why property values are affected ::y adult businesses. 7ne cesperdents based their opinions cn several factors. They noted Ihac the type at clientele attracted by adult businesses creace concerns among families with children Several noted that residential p:c per ties in close proximity to adult business sites are no longer s:Jitanle as homes for families with c::ildren. This eliminates a large _=:pion of the market, lcweri..-c demand, whic^ in turf- decreases t`.e :,ackec value of the prccercy. It was also raced that the existence at =cult business facilities leads mortgage under-.+ricers to believe that ` e cene.al neighbcncccd is in decline. T%herefcre, they would be less to Iraxe 90 to 951 financing available for these properties. 116 Time. Place. and :Ntanner Regulation of Business AC:-4 i l� CCC::CfICE':CS 1;C1iC:1CC^� ACC lfl? (�[ C'nT1E'C3i1.'J has aCl !' _'�,;CanC inrluellCe Cn CroceCt_ ':dltlES. +hen .�lmilieS -Ca e.^.C'JL':1ged . n.Zve a [esiHential area or discCucarge fccm ICCating in a ;a;_:c:ulat al'e3 due t:.e Cxistence of an adult business neac:y, a Ec a "amity-cci-ntcd, owner-occacied neiciliechecci tc d aloe transient, ne;- }jhLoncccd m y result., This �='^•d is reinforced f:v t}le CeILICt Inca of CP_ll PStdt? l erdecs tC make Cf� t cesidencial properties in ti,e area. 97S EillanCina available ECC ,eiith regard to the effect on commercial properties, resCendents C�craapnted that ccmtlleccial pcor:ecty values +ere clegatively impacted but to a lesser degree than residential properties. It was also noted that the impact of a single adult entertainment business would be less severe than the imcact resulting fccm a concentration of businesses. Otter comments indicated a negative impact on the sales of businesses encaaed in nesiahbcnccod trade. One rescondent commented that adult entertainment businesses tend to drive out residential or commercial uses. Those rescetidents who indicated little cc no chance in property values cited several reasclis for their noinicns. Several commented that adult businesses locate in areas wh roperty values are already in ere p decline, One ccmment noted that commercial properties wouldJ1 exeecience Dery little effect because mast commercial properties are encumbered by Iona term leases. Another resccndent stated that there is tic market evidence that values will change. In summary, most acocaisecs and lenders believe that adult businesses gill contri:ute to a decrease in surrounding property pact-cularly residential pcccercies within a one blcck radius. The arccaisers ecinicns will affect property values because their lending and appraisal Cclicias Will, to some extent, deter line pCCCetCy Value. C. T ACE A! :k CI.T CTERISTICS TIZe usee of zcnina authority to regulate the locations of adult businesses implies that these businesses will be limited to certain busing districts. In order to make appropriate reccmmendaticns for assignment Of t.^,ese businessas to specific zoning districts, an uc;derstandinc of their trade area characteristics is imeertant. Sceciically, is useful to know if a substantizl Farticn of t ,e adult businesses clienteleis drawn from the i=ediate neianbacnccd c;: fccm a larger regional area. Net`,cdcicc_v In ccdec `t_ establish the extent of an adult business trade area, a ...EC`'Cd of CeteCT.:ning the ICC3tion of cuszcmer residences must b.o ^� this evaluation was the ebservatiz emcicyed. The met:cd selected Lam. cj of ':epic'-e Iicense numcecs. It was assumed t-at addresses listed reflected te vehicle C�g15C:3CICf1 ected the 1ccacicr: ^ CL the Ct:StcRleCs residence. �CCC^C:LC B if ,ter;,"- ;-�. •,�;'"`- �'�' `�,�L'�:..� "�i ..::` , ' .�- `';!I� f rr'lt:•` I /' � ( �. ..•l• I 1<%t r.Y'! �4•.. :•� '��y``' �.•�\�/ell ' ��:,'i i�`•.;r/--.��•./.r`(1/` I i �r � ��fir, +��•'�•i-�'+� 7��`E ��1/�\��`( `r�a�`i'''� � ��`rl�,�� ' � � �•., �'' I, i.�''- � .!' 1 I _ 1 r, ��t !I• r.�r, t,{"I'fr.�tr.b_„ � •, r_ I— r7 4i•1 ('`�'��' .�� ►r 'y- n`;�r �l�_'..' i i �i1 -.•r,f.L.-..L. �.\ ./ rtit:j N1 , / .�•l Ir•[/Ia�L:� i !��Y•qy I f} %ley?• ^ j ``]]�•. //�� If I .ti r t \ I r'r•� �•J' :r'i' •'� w1(!�i'I'•i Mill r `\/ l ' _ !J`i �\• • .` n Ir�1''.1r j •�J 11.77 -t'J�or. J� rt%•, C� ! r tl•�/�%r�•' ». 44 I. / r /t •/ �:J�'__"`>,---�. i� -- i ems.!/r/ry,•�,/ .�1`:f/ �f♦� r��1�;�ti .:/l}r f�t'� �:• �..'•��'�`. Yi ..r•�r��•:T t 1 •h1 i' r .. 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Y_ '• • 'J'•�� J r-� I \ ! I'!1 I �'•i•rlll=•� ^• '»?��•a Tom'''%':' '✓L~j'�y l.r'il '� �r •! �f �.!T �' r T=r•�� '��1 � / — —--='�=--- _,—.,--1-,•�'�, � \ �^via• .;�.�i ,rM1. �Sy is ,'f• .r•.:�`.,.ky!t `� :,�+l'.:;•:�lt 3•a; �\ ; / ��!`. �:•�r.. .4y�3'I•:� :, r'I \. �J ,�t::�` �,r,; � /r�,1`l�. ( :��t:r�- .,:i. t'. �L:��.. ... -. _ •%_ .� — r" '`.`j /:':��!- .:'•.•�.I,J. �•'�}rrrl 7.•.'i((i�j �%��'' 1: �'ri^tf`r�l'�+.•�.'f �• �. '» •-• a!,j.Si� 1 �,' !•tf�7c t':�.',:•J��a:. ryf}r /�,=lrl ' ru::' tikt'r<-ILlti\'`aft f 1'(. / {n`_ 4•rJr;! t7r;�2•�rr,t t V i�.i� / { •��« "�''1 (•�iS r'i.: 'f��'�'P' y It ��_ ��r !'+�,:•. .r I!+::/1�a,•jam' 7 . I::, l .� •' / i —'�' 7`: n�i�l•\ ,s r rr f '%!v, .0 a •n' `•'ea! ,•`�•�5��-f�•ar �11 7r�I:! "` '�`-i�s '•i�-+...�`�+ S ff{/S�• t�t h _r:.l rl ifll'f .•�/ -i �t-- — .._l ! �. , at •� ' �.J�L�,I:fJf r+I^.1,� G•ti,i�� '�r�'•��/ r.'.�/� — . / `1 ! r•�� J..J AJ!:iYi,�-sT��rlJ/' ��,�q-t�ir��::l �� '•..�:iil %�`v. \ ...�.—�.,1„ I. .� �j rf��`i`�5,/tn� ,li•.. ,jam... .�� :,,.a'i ' 'a�� !•/i�- MAP 11 }y�` •� � •�r _� � �V► �').;��.�'v(^��7CJla Ce!/�- r.��% +��?::l•'/ 1` � I ��' ` Ill `'•'f,`:_• r� _ _ ( , �Lt',v z:�e.(tf•(�:a'.L 1.��/� ..._-/� i t.! I -� 1 t .1�'`:�•�`: t ` , �j�, �� ,f !' ��..f ,F -•ems j/r+fl t/. /�.' ._ _f.`: ski : • "� nr F �.•t�fir};rt •�j� �!=s >� CNeAA WEST 2130 SCV.11 CONGRESS L-- L- t + �•(ir�� Austin Area Business Patron i[�`�••laryl�.. �; Cut Of Tawn Business Pstrars 8Zl 1 1�,,G1 rvai •� i� j ?+t (1-'G � .fila' I `�J J ~•� l�r �,�_ A San Marcos. Tx. 1 _ �. •. , / r,�,t atoeu+ut. Tx. JJ�,v?!�„ _ ` s &&$crop, Tz. AS*n Antonio, Tz. ' JNowton. 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UMAA - �,•�rr S . /1`/ I •n-'r�J• ,..1 •1i`tlrl'.'. .J 4 ' I •�.^ !; aK{;. •'�1;7 ��i ♦ Austin Arsa ausir+ssPatron •� y I{ o I �+- -_*: r•v.:`r• = / /. Cut Of Town ilus{nsss Pstrans Y ' -:e.� � � .. ~� ?, �,•.Jil�y��1 :•.; �-(may /!, _. ;�� ay / // �` �� i!• ,.+A'a fJ �.l•`fir 1 Is ♦Yaca. :z. ♦telcaa. X. �� ,•��jI-`'�+�/r%::,Jf• ':� `•u ♦rlaaar. ::. ♦rc:anoNood. :i. / �`� �v' ♦11aa Ancante. .:. •;. d,/i •.�.�. aI r ��.�';.�:�:t�„ � � ♦GLddinte. ;�c. • � %!/ :y 7a lj�:ai.J: Cam, �} 1, � ♦Ibctan. ::. ♦Grnua C1rac:. � � �y�u�r+..,� ir!{j. v ,�.. Mld Land. a. ♦t't. Arctur, :z. � ��!'Tk:.^� ♦Oallae. Vic. ♦C+r:and. flc. '�- ��•�•jJ 1 ti y,1115„-:I�`jc_ •tr ♦Iar�tntcaa. :z. ♦f'letsevete. ia. _ ,�/ ,�-•• ••Y L•1�([4 ♦Cadge Par:. 7z. 1Nauacaa. :z. it 4.:., � (..:r?i.;. TL;, a - ♦t.Le.r:� Mill. JI 1sr��=. _` �• !w(� '! `-` ♦Ogle. :z. ♦to..aa tact. 1. , .• � i� / �^�t,�Q/�_yl�� r. 1 \ � �l.r::sa. 'i. ♦7.1 Ya:a. �. t 120 :imp. Place. and :Manner Regulation oc Business ACI-iV ':tree business sites were examined; an adult theater, an adult tcokstc:e, and a tcoless bar. �:e to study ccnstraincs, ccse: a__cn of these sites was licited to a sinaie weekend n.oht. It is t-e -ved, hcwever, t^at the results e: this examination reflect a reascnai:11 accurate reocesentacion of the t:ade area of eac' business. results The cene:al location of customer residences was plotted on a crap alcng with the location of the observe adult business. Addresses lccated outside cE the Austin area or not found on the moo are listed cn the map loge..^.d; 'fps ot lto the adultlustrate businessthe sucveyeencos of observed cus-,cmecs with reste These. craps indicate that the lccation of custcmers is fairly evenly distributed throughout the City, particularly in the case of the hree businesses observed ac�eac topless club, (Map 12) . None of the t to attract. a significant numcer of custemecs from the i�nediate neighborhood. of the st observations made only 3 were located within he oll trip mile radius businesses adult studiesshadItsingieafamilytres singed that le-family-residential a z the neiahboc:^.cods in the immediate vicinity. Alncst halt (44 percent) of the observed csstcmers resided outside of the City of Austin. Table 15 su=zrizes this analysis for each o: the adult businesses. ,:able 15 Residence of observed C�ustc:ners Adult :*heater Adult Bookstore Tccless Bar within Austin 9 4 34 Outside cf Austin 6 - `3 Total 14 11 =7 aD p enCL r I�1 c i C_�tC:.US LCv.S A• C.z i%iz l?ni:J 7.:e results cf this study indicate that these can be s<-- :E:cant clot.:re.^.ca? imcaccs cn ^eic:cochoccs located r, �n analvsis ors ►elated cri.-e ea- adult Eus r:esses . ex-_ rates n a eas with ad l • t�; CSt :dv Areas} revealed races aeeccx;sacel., u+- sinesses aan city-wide ave_a two to E-ve t?res hick ec cos. Cznc:Ol Areas, which ,businesses but c,nta:n no adu' have similar _ccacicns and land uses as S Areas, were found to have sax related cri.^e rates t'e tudv same as city-wide races. Mocecvec 1 aGCCOX1Tately the Areas with more sex-ce_ated crime rates in Study than one adult business were found to be Eo% higher than Study Areas with one adult business. a. ?Ro?ECM va.LLrES The cesul is of the assessment of the Property values succescs that there mc` °r adult businesses on res:bent:al property values be a severe decline in business site. T� located within one block of an adult .,,e-- is an indication, based cn the subjective coinicrs of real estate acccaisers and lenders, that the� inc:cducticn c' an adult business into an are o,.., i a adjacent •�o family-Oriented, cwner- oc_-„ ed residential neigh_�,cncccds may precipitate a transition to a moce transient, renter-occupied reich,ccchc ', o sur•:ey c_ appraisers and lenders T s The results cf the de.s c_ese_v parallels the results of a survey conducted _r, Lcs Anceles, California and nationwide sur:evs rrducted by the Division cf ?fanning in 7ndianaxlis ^diana. C. -ADE --RSA C*-:3.nAC-.-z-�T,--TC-- -analysis of the trade area characteristics of the adult business sites indicates that these businesses draw a substantial portion cf their clientele Etch outside the i=ediate area in which they "are located, and a SiZ3ble Cercan.Cace Of t::eir clientele aCQe3r t0 Ceside cticslde the Austin area. C rpm a land L'S2 Standcolnt, xnibit c^arac-erist;cs a l these businesses si'm-=-r t , cc ,er regionally cc4 ented C=ercial service businesses. Zone Distric= 0. T::e analysis of the trade area c` aracteristics cf adult b'usiresses revealed that t:^ev tended to attract a regional rather t`:an local client'_e. This findine succests that such uses should be restricted to :ecicnaily crienced C=nerc_al one disc:ic_s. These districts are _sually located al ` :r er ,iC:i'1av5rC r.e3VIIV ►��.Veled st:eeCs sic a5 arCe:231S and .t__stac_ i- and nec ncrsally ne_r a. sincle-:amity -eicr^ec"ecds• Commercial --ne dist_iccs that are desic::ed for a :ecicnal ecientaticn ;ncl.:de C30, cj%!G, C?, CS an*: CS-1 and to a lesser extent the G.n, L• wI and L Z _one dist:_..:s. lime. Place. and Manner Re2uiarion of Business .�criviry T::e assicrrent of p:ecer cone disc:ict; mu also cr..side: the ty7e of nc adult Nosiness. ;dult Entertai rumen t Businesses, : s( inc_udiQ`h buc.i.stores, theaters, and film stores} represe.^.t d i:'.LA1 of ==pe � whic^ is protected by the First A,2lendment. ae';ulacion of these uses 1Tillst not unduly CestriCt freedcm of speech. Adult Service Businesses, such as massage parlors and mcdelinc studios, are not as sensitive to First Amendment issues. Adult Entertainment Businesses are recommended in the GH, L, CBD, CMU, CS, CS-1, CH, MI, and LI zone districts and Adult Se mice Business are recomnended in the L, CBD, 0111U, CS, CS-1, and (71 zone districts. Conditional Use Permits The conditional use permit process offers a viable method of reguliting adult businesses by providing an extra degree of review needed to address the potential iacacts adult businesses generate to surrounding neighbcr'roods. Unlike traditional zone district regulations, conditional use Permits require site plan review, taus affording additional analysis and central. Austin's current zoning ordinance prohibits adult businesses from locating within 1000 feet of any property zoned or used residential. This provision led to the invalidation of t^.e ordinance in the suit initiated by Taurus Enterprises because it was found that almost all commercially zoned property is, in fact, located within 1000 feet of residential pcccerty- This is partic-u-arily true in older areas of t^e City where narrow strip commercial development is `larked by residential use. This restric_;-n should be eliminated from the ordinance and the issue of ..^.eichber'nccd c:ctect_cn should be addressed via the ccnditicnal use cer:wit. Conditional use permits are ceccTmended in the Gri, L, CMU, MI, and LI zoning districts for Adult entertainment businesses and for Adult Service businesses they are cecc=ended in the L, DMU, CS and CS-I zone districts. See Table 15 for a su mary of these reccmmendaticns. Table 15 zoning Summary Gri C=D C I CS CS-1 C: M: Adult Entertainment Businesses C C ? C P ? P C C Adult Service Businesses - C ? C C C C - CZndiciorai Use ? - ?e r:ai t_ed Use w AppendLx B 123 C! scersicn of Adult Businesses 'r~e analvs:s of sex-related c::-;e races revealed that wren more "an one rL:si.^.ess was located ZA a study area, t.^.e crime race was Ei3 PLC^er. In order to address Chis potential problem, the re?ulation of at.ult businesses should orchibit their concentration. Presently, whe ordinance requires a 1,000 foot (about three city blec.ks) sereracicn re_ween adult businesses. This requirement should be continued. E. ?CT^riI:,L. L 3LTICNS The available use district maps were examined to identify potential locations where new adult encertanment business would be pe mitted to establish. Al though the available maps do not provide full coverage of the city, the most heavily urbanized sections of the city were examined. The analysis found 4534 parcels of land of various sizes where an adult entertainment Lusiness would be permitted as a use by i right under the current zoning assigned to these parcels. Adult entertainment businesses would be allowed as a conditional use en an additional 3328 parcels. These locations are located thrcucheut the city and offer extensive sites for the establishment of new adult entertainment business. Permitted locations were found cn accrcximately 110 use district maps, which comprise well over 90% of ail maps examined. The maps will be retained on file in the Office e! Land Cevelcpment Services' , 301 'nest Second Street, Ausc; Texas 78767. E _ . C:,:1C�JSICNS ::i;:_- e-entaticn cL =:.e above reccmmended reC_uiaticns will assure protection or First :.mendmenc rights, and will also allow adult orie.^.Led business to ccerace wltaeut adversely affa_ting the prCce:c! values and crime rates in surrounding neighborhoods. J J 124 Time. Place, and Manner Regulation of Business Activity .ccendix A t,n.•, .•fsis or Adult Business Studies in Indianapolis, Indiana and Los ,%males, California. A. INDIANAPOLIS, 2,4T) A.NA In ?ebruary, 1964, the Division of Planning in Indianapolis published a resort entitled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the 'results of an evaluation of the imuacc of adult business upon the surrounding area in terms of crime rates and real estate values. Incidence of Crime Methedoloay. The Indianapolis study assessed the impact of adult entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. The six Study Areas were selected from among the forty three adult business locations. The criteria used to select the Studv Areas were their zoning_ mix, population size, and the relative age of their housing stock. The Control Areas (having no adult businesses) were chosen on the basis of their proximate location to the Study Areas and their similarity in terms of population size and zoning mix. of the six Study Areas, two consisted primarily of residential zoning, two consisted primarily of commercial zoning, and two contained a mix of 'oth residential and cc.^mercial zoning. All Study and Control Areas were circular in space •rich a 1000 foot radius. The :^dianacoiis studv evaiut=_d crimes in the Studv and Control Areas for .he years 1973 tnreuch :982. T::z study ccmoiied all reported inc.-'ants to which police were discatcne�a. These data were assembled inc_ two groups: Major Crimes and Sex-Related 'Times. Major Crimes inc:ceded Criminal Homicide, Race, =cbberv, :%ggravated Assault, :Residence and Nor.-Residence Burglary, Larcenv, and vehicle Theft. Sex-Reiated Crimes included =ace, Indecent Exposure, obscene Conduct, Child Molestation, Adult Molestation, and Commercial Sex. Results. The evaluation =c,=d that for Loth the Study and Control Are_zs, the race of major c. :.eS was higher than the corresponding race =r the _ndianacclis Police �istricc as a whole. The average annual race for major crimes in t ` Studv Areas was Z3 cercenc higher than the corresponding rate in tie controi Areas. Ccmparison of the rates far sex-related crimes indicated a considerably larger difference between the Studv and Ccnc:ci Areas. The average annual rate rzr sex-related crimes in the Study Area was 77 percent higher than the corresponding rate in the Con::oi Area. The study also found a strona correlation between the cri::e =reauencc: and the residential character o: =he Study areas. ___me races were percent zither predcminantly residential ^areas than in predominantly <.cmmerciai areas. The study round a more acute difference regarding sex-related crimes. Sex-related crimes occurred :our times more frequently in predcminantly residential areas than in areas that were substantially co=nercial in nature. _appendix B 125 ` gal _state impacts �thociolc c�. The Indianapolis re---crc also evaluated the impact of lull cusinesses on property values. The report acprcached the ,valuation frcm two perspectives. T`:e first approach compared the :esidential property appreciation races of the Study Areas to those of _he Ccncrol Areas and to a larger geographical area that included the study and Control Areas. The second aeoroach surveyed professional :pal estate appraisers to establish a "best professional opinion" :egarding the market effect of adult businesses on surrounding land values. The first part of the evaluation examined three sources in the assessment of residential property appreciation. These sources were: the Indianapolis Residential Multiple Listing Summaries or the g Metropolitan Indianapolis Board of Realtors; 1980 Census Data; and the annual lending institution statements required by the Federal Home i Mortgage Disclosure Act. The second part of the evaluation solicited the opinicns of members of the American Institute of Real Estate Aopraisers (AIREA) . The survey sample was drawn at two levels. A 20 ercent random sample of AIREA members from across the nation was constructed. A 100 percent sample of professional appraisers with the ��I (Member Appraisal Institute) designation, who practiced in the 22 Metropolitan Statistical Areas similar in size to Indianapolis, was r compiled. The survey questionnaire was formulated to solicit information concerning the effect of adult businesses on residential and commercial property located within one to three blocks of the Business site. esults. The retort adopted the following conclusions regarding the Bcoreciaticn of residential properties. First, residential properties within the Study Areas appreciated at only one-half the rate at the :cntrol Areas and one-third the rate of Center Township ( representing _::e cerfcrmance of the market at a broader scale) . Second, while :esidential listing activity declined 5'_ percent in the Control Areas and 80 percent in Center Township, in the Study Area listings increased 4 percent. The report found that "twice the expected number houses were placed on the market at substantially lower prices than .:ould �e expected had the Studv Area real estate market performed typicaliv for the period of time in quescicn". The tabulated results of the professional appraiser survey are -epicced in Table 1. From these results, the report concluded that: 1 The large majority of appraisers felt that there is a negative impact on residential and commercial property values within one black of an adult bookstore. The negative impact decreased markedly with distance from the • adult tcckstcre. At a distance of three blocks the negative impact was judged by aopraisers to be less than half that when compared to a distance of 0ne block. 6 Time. Place. and Manner Regulation of Business Activity 3. :he majority felt that the negative impact was greater for :esidencial properties than for commercial properties. Table I Effect of Adult Businesses on Property values in Indianapolis, Indiana Decrease Decrease Decrease No change Increase Increase 20% or 10 to 1 to 1 to 10 to more 201 101 10% 201 Residential Property One Block Radius 20% National Survey 21.3 24.5 34.1 20.1 0.0. 0.0 100% MSA Survey 19.0 25.4 33.6 21.1 0.9 0.0 i k Commercial Property �e Block Radius 401 National # Survev 10.0 19.3 42.6 28.1 0.0 0.0 100% MSA Survey 9.5 20.3 39.9 29.9 0.9 0.4 Residential Property i Three Block Radius 20% National Survey 1.6 9.3 25.4 63.3 0.4 0.0 100% 14SA � Survev 2.6 7.3 28.9 60.3 0.4 0.0 _ t Commercial Property Three Block Radius 20% National Survey 0.8 5.2 16.5 76.6 0.8 0.0 'n0% MSA L•vey 2.2 3.9 16.8 75.9 1.3 0.0 W 127 appendix B 7—ndianaoolis appraiser survey included a question designed to help t.• tanlish the tasis for their opinions retarding the degree to which Ilult rusinesses affect property values in General. Alst 90 percent mo of those responding to the survey provided responses to this question. :n the national survey, 29 percent saw little or no effect on surrounding property values resulting from adult businesses. They ,listed as a basis their professional experience; the observation that this use generally occurs in already deteriorated neighborhoods; and the feeling that the effect of only one adult business would be inconsequential. One half of the respondents projected a substantial to moderate negative impact on surrounding property values. Their responses were based on the feeling: that adult businesses attract "undesirables" to the neighborhood; that adult businesses create a bad image of the area; and that this type of use offends the prevailing community attitudes thus discouraging homebuyers and customers from frequenting the area. Twenty percent of the respondents indicated that the potential impact on surrounding property values was contingent on other variables. Many. felt the impact would be contingent on the existing property values in the area and the subjective value of area residents. Some felt that development standards controlling facade and signage would determine the degree of impact, while others indicated that the nature of the existing commercial area and its buffering capacity as the most important factor influencing the impact on surrounding property values. The ,+IsA survey results closely paralleled those of the national survey. Two additional responses are noteworthy. First, some rondents indicat espinc a substantial to moderate negative impact based heir opinion on the feeling that such uses precipitate decline and disccurace iiMccvements in the area. Second, some respondents felt tnat the impact on property values was contingent on whether or not it was likely that other adult businesses would be attracted to the area. B. LOS ANGELES, GaI.I FORNIA :n june, 1977 the Deoarttment of City Planning of the City of Los Anceles published a report entitled Study of the Effects of the Concentration of Adult tertainment Establishments in the Citv of Los naeles. The study includes an evaivacion of the impact or adult tusinesses on both crime races and property values. Incidence of Crime "erhodologv. The City's scudv evaluated the impact of adult �usz,^.esses on criminal activity by ccmparing crime rates in Hollywood ro cline rates for the city. I�oll��rood was selected as a study area tecause of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which time adult businesses in Hollywood proliferated from 11 to 88 establishments. 128 Time. Pace. and Manner Reguiarion of Business Acriviry -ps,IiIS. :'he City's study monitored trends in Part 1 crimes. Part 1 include hcmicide, rape, aggravated assault, robbery, burglary, : iLteny, and vehicle theft. The number of reported incidents of Part Times in the Hollywood area increased 7.6 percent from 1969 to ' 375. This was nearly double the citywide average increase of 4.2 VL.:enc roc the sarre time period. This report also monitored Part I crimes committed against a person (as opposed to those committed against property) and found that they increased at a higher .than average rate in the Hollywood Area. Street robberies and purse snatchings, where in the victims were. directly accosted by their assailant, increased by 93.7 percent and 51.4 percent, respectively; compared to the city wide average increase of 25.6 percent and 36.8 percent. The increase in arrests for Part II crimes indicated an alarming differential between the Hollywood area and the city as a whole. Arrests for these crimes increased 45.5 percent in the Hollywood area but only 3.4 percent city wide. Prostitution arrests in the Hollywood area increased at a rate 15 times greater than the city average. While the city showed a 24.5 percent increase, prostitution arrests in Folly-wood increased 372.3 percent. In 1969, arrests for prostitution in the Hollywood area accounted for only 15 percent of the city total; however, by 1975 they accounted for over 57 percent of the total. In the Follvwood area pandering arrests increased by 475 percent, which was 3 1/2 times greater than the city wide average. In 1969 pandering arrests in the Hollywood area accounted for 19 percent of the city total. By 1975, the share had increased to 46.9 percent. The Los Arigeles ?olica Department increased their deployment of police cerscnnel at a substantially hither rate in the Hollywood area in response to the surge in crime. The report emphasized that sexually-oriented business either contributed to or were directly responsible for the cri;;e problems in the Hollywood area. =eat Estate !=acts ;'ethcdolocv. The study prepared by the City of Los Angeles utilized a two point approach in evaluating the impact of adult businesses on surrcundirg property values. The primary approach sought to establish the impact on property values by monitoring changes in assessed value frcm 1970 to �976 for selected areas having concentrations of adult businesses and for aoorooriate control areas. The report selected rive study areas containing 4 to 12 adult entertainment businesses. Three study areas were in Hollywood and the ocher two were in the San Fernando valley. Four control areas, having no adult businesses were selected. The study examined property assessment data, U.S. census data, and other pertinent information to determine the rate of appreciation over the six year study period. The rates for the Studv Areas were compared to the rates for the Control Areas to gauge the i.moact of adult businesses on property values. i Appendix B :L T'ir zeccrd approach of the study used survey questionnaires to Stu 3c-ively establish the impact of adult businesses on surrounding _ �entiai and commercial properties. Two questionnaires were aced. The first questionnaire was distributed to all members of Inerican Institute of Peal Estate Acoraisers having a Los Anceles address and to members of the California Association of F.eaitors having offices in the vicinity of the Study Areas. The second questionnaire was distributed to all property owners (other than single family residential) within 500 feet of the Study Areas. The res>>lts of these surveys were supplemented with input from the general public obtained at two public meetings held in the area. Results. The evaluation .found that there was some basis to conclude that the assessed valuation of property within the Study Areas had j generally tended to increase at a 'lesser rate than similar areas ' havinc no adult businesses. However, the report noted that in the t opinion of the planning staff there was insufficient evidence to support the contention that concentrations of adult businesses have been the primary cause of these patterns of change in assessed valuation. The appraiser cuestionnaire was distributed to 400 real estate professionals with 20 percent responding. The results can be summarized as follows: 1. 87.7% Felt that the ccncentraticn of adult businesses would decrease the market value of business property located in the vicinity of such establishments. _. 57.91 Felt that the ccncentraticn of adult businesses would decrease the rental value of business property located in the vicinity of such establishments. 3 . 59.3% felt that the concentration of adult businesses would decrease the rentability/salability of business procerty located in the vicinity of such establishments. 4 . 72.8% -Felt that the concentration of adult businesses would decrease the annual income of tusinesses located in the vicinity of such establishments. Cver 90% felt that the ccncentr3cion of adult businesses would decrease the market value of private residences located within 1000 feet. 5. Cver 36% felt that the ccncentracion of adult businesses would decrease the rental value of residential income property located within 1000 Feet. Almost 90% felt that the concentration of adult businesses would decrease the rentability/salability of residential property located within 1000 feet. =',Q Time, Place, and Manner Regulation of Business Activity t --sccndents to the appraisers' survey commented that the adverse i - �`ects are related to the degree of concentration and the type of �,:Illt business. They indicated that one free standing adult business have no effect. A few comments indicated that property values and i hitsiness volume might increase for businesses that are compatible with adult entertainment businesses (e.g. : other adult businesses, bars) . A high percentage of appraisers and realtocs commented on the adverse effect of adult businesses on neighborhood appearance, litter-, and graffiti. The survey of property owners indicated that almost 85 percent felt that adult entertainment establishments had a negative effect on the sales and profits of businesses in the area. over 80 percent felt that adult businesses had a negative affect on the value and appearance of homes in the area immediately adjacent to such businesses. Area property owners and businessmen cited the following adverse effects resulting from adult entertainment establishments. 1. Difficulty in renting office space. Z. Difficulty in keeping desirable tenants. i 3. Difficulty in recruiting employees. 4. Limits hours of operation (evening hours) . s 5. Deters catronage from women and families. 5. Generally reduces business patronage. Rescondents emphasized their concerns about the high incidence of crime. A high percentage of rescondencs ccmmented that the aesthetics ` of adult businesses ace garish, sleazy, shabby, blighted, tasteless, and tend to increase the incidence of litter and graffiti. s Testimony received at the two public meeting on this subject revealed that there was serious public concern over the proliferation of adult i entertainment businesses, particularly in the Hollywood area. Citizens testified that thev ace afraid to walk the streets, ' particularly at night. They expressed concern that children might be confronted by unsavory charac!ecs or exposed to sexually explicit material. a ppendb< B 131 ADcendix a TYPES CF CRIMES Part Z Crimes Murder Camcal Murder Criminal Negligent Homicide/'Wcn-Traffic Criminal Negligent Homicide/Traffic Involuntary Manslaughter/Traffic Justified Homicide Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault ' Race of a Child : Attempted Race of a Child Aggravated Robbery/Deadly weapon Attempted Aggravated Robbery/Deadly weapon Aggravated Robbery by Assault Robbery by Assault Attempted Robbery by Assault Attempted Murder Attempted Capital Murder Aggravated Assault Aggravated Assault on a Peace Officer Deadly Assault Sericus Injury to a Child Arson with Bodily Injury Burglary of a Residence Attempted Burglary of a Residence Burglary of a Non-Residence Attempted Burglary of a Non-Residence The f t Burglary of a Vehicle Burglary of a Coin-operated Machine Theft from Auto Theft of Auto Parts Pocket Picking Purse Snatching Shoplifting Theft of Service Theft of Bicvcle :`:eft from Person attempted Theft Theft of Heavy Equipment Theft of Vehicle/other 1 j? Time. Place. and Manner Reguiadon of Business Acriviry 3 Auto Theft AtLeMoted Auto Theft Unauthorized use of a vehicle Sex Related Crimes Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault Rape of a Child Attempted Rape of a Child Prostitution Promotion of Prostitution Aggravated Promotion of Prostitution Compelling Prostitution Sexual Abuse Aggravated Sexual Abuse Attempted Aggravated Sexual Abuse Public Lewdness Indecent Exoosure "exual Abuse of a Child ttempted Sexual Abuse of a Child ndecency with a Child Incest Solicitation Appendbc B 133 Appendix C CCMPOSITICN OF STUDY & CONTROL AREAS BY ZONING DISTRICT Area Cne Area Two Area Three Area Four Study Control Study Control Study Control Study Control 1-SF-3 2.92 SF-3 18.78 26.97 25.43 22.3i 33.26 47.29 22.49 22.39 SF-3-H MF-2 3.30 2.64 .77 2.32 1.72 MF-3 .94 1.93 1.38 7.88 2.64 1.03 1.00 j� IMF-4 .28 2.69 i MF-5 c LoO 4.47 1.45 .57 1.17 2.72 1.02 GO .43 CS 13.90 15.88 26.54 13.06 10.31 1.21 13.16 24.99 CS-1 1.12 .78 .34 .40 15.44 1.55 CS-H GR .98 .34 7.40 2.27 1.12 .77 1.55 LR .54 .89 .37 3.78 LI 3.62 AVIATION 3.05 UN'Z ROAD RC1W 22.59 22.33 17.65 20.53 14.51 12.74 17.51 14.34 TOTAL. 72.1 7 .12 72.12 72.12 72.1 72.12 12.12 72.12 T ] rime. ?!act-. ;nd Mariner Reguiacicn O[ Bu51ness kcr.:%-icv -ice^d,x D �Iaase oto this .,. .?- su:vev and return -; I-- tz t^e Qf:_ce c: Lap:.-- -e'!e_ T. ent +Services ::J :ecemceC 4, �985. Read t:te _C:Icwi^.0 abeuc a •roc ecical rei.hboclhood and cesxnd t:) a fe•4 quesc_:ns in toi is of .cur pcc essicnal experience and judce.menc. residential neighbec`cod bec�ecs a ma:., street _::at cancains vacicus cc;=ercial activities that serve tie neiehbochood. 6.here is a building that recently has become vacant an will open shortly as an adult bookstore. 'There are no other adult bookstores cc similar activities in the area. There is no other vacant cc=ercial space presently available in the area. ?lease ir:dicate your answers to questions 1 through 4 in the blanks provided using scale A through G. 14cale: (A) Decrease 201 cc more (3) Cecrease mace than 10 % but less than 20A (C) rec:ease frCm 0 to 10% (D) Yo chance in value (E) increase from 0 to 10% (=) :nc:ease inure than 20A but less than 20% (G) increase 20% or more :) Cw :curd ircu exroc_ _::e avecace values of the sinele-family W11=11n Cne clock Of =he CCCKSLCCe to Ca 'Icu exJec: _'e avecace va1L•es CL t.^.B CCT=t1eLC.3: _ CCe=-J Cne C1CCX of _'-e CCcxs_C:e ?) rcw ---culd expect t. a avecace values c; the since-r3.Rtil y :esidential property within c:.ree blocks Of t.:e bccxscare to Ce ai:ectea? 4 ) '--+ ,+culd ,/cu excec_ _-e average values of ccamercial ^COCec:y `t _ .n tree Clocks _C a:_ected? =1 -.1CrCse -'.e avai_a 1e _rrmcc:al is used fc.- sctnethi- __-ec t^an all adult .-QCKSCOCe. =QC each cf t:.e _C11 i CCcential uses, would the average value cf :.he :esidentia. e:ccerty within one block of the new business be: (A) -tt:ch hiehec; (3) sclxwrat h�.rer (C) about t_�e same: ( D) scmewna c l •re r; cc ( C) -ich 1--wer; thzm if an adult bookstore occsaied tl:e site. _ca c:eain cacLc: — Videc-came PacIOC rie_fa:e Sul= Video Arcade . .QCe iQQi?Sa Bar =eco _ di w Massage parlor Medical- office Branch, Library Adull Theater 6) In general, to what degree do ycu feel adult entertainment tusinesses affect progeny values? 7} ,4hy do :Jcu fees ttis way? affiliated with a professional real estate accraisal 3 } ;re vcu c:zanizaticn2 if so, ;;ease sceciw- �Ia,'re and Name ADULT (zl; NTERTAINMEN' T BUSINESSES IN IND .IANAPOLIS AN ANALYSIS 1984 i ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS t Department of Metropolitan Development Division of Planning February, 1984 1 10 TABLE OF CONTENTS SUMMARY AND RECOMMENDATIONS i INTRODUCTION • 1 STUDY METHODS 2 CRIME INCIDENCE 8 MAJOR CRIMES 9 SEX-RELATED CRIME 15 CRIME IMPACT BY AREA TYPE 22 REAL ESTATE IMPACT �7 PROFESSIONAL APPRAISAL OF IMPACTS 32 20$ NATIONAL SURVEY 33 100% MSA SURVEY 39 APPENDICIES 1 . AREA MAPS 1 -1 11 . SURVEY OF APPRAISERS 11-1 I11 . LAND USE CONTROL OF 111-1 ADULT ENTERTAINMENT T t � r SUMMARY AND RECOMMENDATIONS I SUMMARY AND RECOMMENDATIONS During the past ten years , Indianapolis has experienced a signi - ficant growth in the number and variety of adult entertainment businesses located in its jurisdiction. An adult entertainment business , for the purposes of this study, is an establishment which primarily features sexually stimulating material or per- formances. As of mid-1983 there were sixty-eight such businesses operating in this City. They were located at forty-three separate sites. The proliferation of these businesses heightened the community's awareness of their existence and resulted in numerous requests that the City control their presence. Beyond the moral objections raised by many citizens , it was also alleged that such businesses had a detrimental effect on property values and contributed to high crime rates where they were located. The Indianapolis Division of Planning undertook this study in July of 1983. Of the existing adult entertainment sites, the study examined six representative locations ( the Study Area ) and the presence - or lack thereof - of certain relevant condi- tions therein. It then compared these sites with six physically similar locations ( the Control Area ) containing no adult en- tertainment business. Both groups of sites were compared with the City as a whole. Because of their importance to the public welfare of the commun- ity , the study examined the factors of crime incidence during the period 1978 - 1982 and real estate value appreciation from 1979 - 1982. In support of limited real estate data on a small area level , the City collaborated with Indiana University in a national survey of real estate appraisers to develop a "best pro- fessional opinion" as to the effect of adult entertainment busi- nesses on surrounding real estate values. As discussed in Appendix III of this report, case law has firmly established the' legal and constitutional basis for control of the use of land within their jurisdiction by states and municipalities in order to safeguard "the public health, safety, morals and gen- eral welfare of their citizens". The "public welfare", in this context, embraces the stabilization of property values and the promotion of desirable home surroundings. On the other hand, case law has also upheld the right of this business sector to operate in the community under the First and Fourteenth Ammend- ments of the Constitution. In establishing an empiric base to determine whether controls were warranted in order to direct the location of these businesses , analyses of the data showed: i - The average major crime rate ( i .e. , crimes per 10,000 population ) in the IPD District was 748.55 , the Control Area 886.34, and the Study Area 1090.51 . Major crimes oc- curred in areas of the study that contained at least one adult entertainment establishment at a rate that was 23% higher than the six similar areas studied not having such • businesses and 46% higher than the Police District at large. - Although it was impossible to obtain a discrete rate for sex-related crimes at the police district level , it was possible to compare rates between the Control Areas and the Study Areas. The average sex-related crime rate in the Control Areas over the five year period was 26.2, while that rate for the Study Areas was 46.4. - If the ratio of sex-related crimes was the same as that established for major crimes between the Control Area and the Study Area, however, we would expect a sex-related crime rate of 32.3. The actual rate of 46.4 is 77% high- er than that of the Control Areas rather than the 23% that would be expected and indicates the presence of abnormal influences in the Study Areas. - Close examination of crime statistics within the Study Areas indicate a direct correlation between crime and the residential character of the neighborhood. Crime frequen- cies were 56% higher in residential areas of the study than in its commercial areas. - At the same time, sex-related crimes occurred four times more frequently within residential neighborhoods having at least one adult entertainment business than in neigh- borhoods having a substantially district-related commer- cial make-up having adult entertainment. - Although the housing base within the Study Areas was of a distinctly higher value than that of the Control Areas, its value appreciated at only one-half the rate of the Control Areas' and one-third the rate of Center Township as a whole during the period 1979 - 1982. - Pressures within the Study Areas caused the real estate market within their boundaries to perform in a manner con- trary to that within the Control Areas, Center Township and the County. In a time when the market saw a decrease of 50% in listings, listings within the Study Areas actu- ally Increased slightly. ti • - As a result, twice as many houses were placed on the market at substantially lower prices than would be expected had the Study Area's market performance been typical for the period of time in question. - The great majority of appraisers (75%) who responded to a na- tional survey of certified real estate appraisers felt that an adult bookstore located within one block would have a negative effect on the value of both residential (80%) and commercial (72%) properties. 50% of these -respondents foresaw an immedi - ate depreciation in excess of 10%. - At a distance of three blocks, the great majority of respon- dents (71%) felt that the impact of an adult bookstore fell off sharply so that the impact was. negligible on both residential (64%) and commercial (77%) . At the same time, it appears that the residual effect of such a use was greater for residential than for commercial properties. In answer to a survey question regarding the impact of an adult bookstore on property values generally, 50% felt that there would be a subs tantlal-to-moderate negative impact, 30% saw little or no impact, and 20% saw the affect as being dependent : on factors such as the predominent values (property and social) existing in the neighborhood, the development standards impos- ed on the use, and the ability of an existing commercial node to buffer the impact from other uses. While the statistics assembled and analyzed in this study should not be construed as proving that adult businesses cause the negative im- pacts illuminated herein, an obvious variable in each instance of com- parison is- their presence. Crime rates - particularly those that are sex-related - show substantial deviation from normal rates for this population. Analyses of real estate listings and sales show a nega- tively abnormal performance of the real estate market in areas where adult entertainment is offered.ln this latter case, the best profes- sional judgement. available indicates overwhelmingly that adult enter- tainment businesses - even a relatively passive use such as an adult bookstore - have a serious negative effect on their immediate envi - rons. Consequently, it would seem reasonable and prudent that the City ex- ercise its zoning power to regulate the location of adult entertain- ment businesses so that they operate in areas of the community that, while accessible to their patrons, are yet located in districts that are least likely to injure the general welfare of residents. rss e- IT IS, THEREFORE, RECOMMENDED: - THAT ADULT ENTERTAINMENT BUSINESSES BE ALLOWED TO LOCATE IN AREAS THAT ARE PREDOMINANTLY ZONED FOR DISTRICT-ORIENTED- COMMERCIAL ENTERPRISES - I . E. , C4 OR MORE INTENSE USE CATEGORIES. - THAT NO ADULT ENTERTAINMENT BUSINESS BE ALLOWED TO LOCATE IN AREAS THAT ARE PREDOMINANTLY ZONED FOR NEIGHBORHOOD- ORIENTED COMMERCIAL ENTERPRISES - I . E. , C3 OR LESS INTEN- SIVE USE CATEGORIES. - THAT EACH LOCATION REQUIRE A SPECIAL EXCEPTION WHICH, AMONG OTHER CONSIDERATIONS, WOULD REQUIRE APPROPRIATE DEVELOPMENT STANDARDS DESIGNED TO BUFFER AND PROTECT ADJACENT PROPERTY VALUES. - THAT THESE USES NOT BE ALLOWED TO LOCATE WITHIN 500 FEET . OF A RESIDENTIAL, SCHOOL, CHURCH OR PARK PROPERTY LINE NOR WITHIN 500 FEET OF AN ESTABLISHED HISTORIC AREA. ' i IV INTRODUCTION As is the case in most large cities , Indianapolis has experienced a rapid growth in the number and variety of adult entertainment businesses over the past ten years. As of June, 1983 there were sixty-eight such businesses located singly and in clusters through- out Marion County. For the purpose of this study, the term "adult entertainment busi - ness" is a general term utilized to collectively designate busi - nesses which primarily feature sexually stimulating material and/ or performances. These non-exclusively include adult bookstores, adult cabarets , adult drive-in theaters, adult mini motion picture theaters and arcades, adult entertainment arcades and adult ser- vice establishments. These enterprises have posed a particular problem due, in part, to the moral implications attendant upon such businesses in the minds of many members of the community. While this is, perhaps , the view of the majority, case law on the subject has clearly established that the exclusion of such businesses from a community is an in- fringement of First Amendment rights. The proliferation of such businesses providing various forms of adult entertainment in Mar- ion County has exacerbated this dilemma and given rise to addition- al charges of negative impacts on neighborhoods in proximity to their location. Through the use of their zoning power, cities have within the past half century directed the physical growth of communities in order to assure a harmoniol,s blend of land uses which foster the general welfare of the population. This power has been applied more recent- ly to adult entertainment businesses in many communities and has served as a prime means of controlling possible negative impacts on neighborhoods. This study was -undertaken to examine these alleged negative impacts with the purpose of empirically establishing, to the extent poss- ible, their existence or non-existence as well as their real di- mensions in Indianapolis. The possible relationships between these impacts and the land use characteristics of the sites in which they are offered were also examined to ascertain whether certain land use classifications were better suited than others for the loca- tion of adult entertainment businesses. 7' y � i �r METHODOLOGY � . J t STUDY METHODS As described below, the study methodology employs the comparison of different land areas in Indianapolis. The two basic areas of comparison are Study Areas and Control Areas. They are distin- guished by time existence of adult entertainment establishments .qi thin their boundaries ( the Study Areas ) or the absence there- of ( the Con t ro 1 Areas ) . These two designations are further differentiated as to the gen- eral purpose or emphasis of the land uses they contain. Those that generally serve the immediately surrounding residential uses are termed "Neighborhood-Related" while those that contain uses meant to serve a broader geographic area are designated "Commun- ity-Related". STUDY SITE LOCATIONS At the time of the study's inception , there were at least forty- three possible, distinct sites in Indianapolis where adult enter- tainment was offered either singly or in clusters of establish- ments. For manageability purposes, it was decided to select six of these sites that were representative. In choosing these subject lo- cations (as well as the Control Areas of the study) ,the determinant characteristics were their zoning mix, population size and the relative age of housing stock. In each case, adult entertainment was offered during the time span of the study. The selection process was additionally based on the number of es- tablishments located In a given neighborhood, whether it was resi- dential in nature and therefore neighborhood-related, or contained a significant portion of its land use in regional , commercial uses which made it community-related. The designation "Neighborhood-Related" was applied where a prepon- derance ( 75% or more ) of the area within 1000 feet of the site was zoned D1 through D12 ( residential dwelling district classifi - cations ) and the commercial areas were neighborhood-related - prin- cipally C3 ( a neighborhood commercial classification ) . Special Use designations were judged to be. neighborhood-related or not on an individual basis. SU1 (church) S SU2 (school) , for example, were judged to be generally neighborhood-related. "Community-Related" areas were described as areas where a signifi- -ant proportion (30% or more) of the zoning within the 1000-foot radius was C4 ( Community-Regional Comme rc i a 1 ) or more intense and the Special Uses within the boundaries were of a community-wide na- Moe ture. SU6 (hospital) and SU21 (cemetery) were judged, therefore, to be related to the community generally. 1 Within these two broad classifications, six locations were chosen. Two of them were situated in residential settings , two in re- ' gional-commercial settings and two in areas that fell in between , i . e. , areas that had a high percentage of residential zoning but also contained a certain proportion of regionally oriented com- mercial zoning. These six locations became the Study Areas of this investigation. (cf. Appendix 1) AREA ZONING CHARACTERISTICS STUDY AREAS SITE CHARACTERISTICS Residential Commercial-Special Parks Residential 1.5431 East 38th St. D4-821; C1=71< SU1-3% - C3-8% 2.3155 East loth St. D5-75% C3-24% SU9-1% - Coml ./Residential 3.3555 West 1 th St. D5-78% C4-223* - - 4.2101 W. Washington D5-60% C3-3% SU2=17% PK1-2% : Comore rc i a l C4=182 5. 11 E. Washington D5-65% C4-30% - D8-5% 6.4441-63 N. Keystone D5-15% C2=5% IIIJ•12% PK2-5% C3-10% 12U-13% C5-40% Of the two sites chosen in residential areas, one contained an adult bookstore (Apollo Adult Books, 5431 East 38th St.) and a massage pa rlor(Eve's Garden of Relaxation, 5429 East 38th St.) The other residential location contained an adult movie house (Rivoli Theater, 3155 East loth St.) and a topless bar (Ten-De Club, 3201 East loth St.) One of the commercial/residential areas had a topless bar within its boundaries (Blue Moon Saloon, 2101 West Washington) , while the other harbored the White Front Bar which featured topless dancing (3535 West 16th St.) The two commercial areas chosen were In the sixty-one hundred block of East Washington St. and the forty-four hundred block of North Keystone. The first site contained two adult book- stores (Modern Art Bookstore at 6118 and Adult Arcade at 6122) and a message parlor (Spanish Moon at 6116.) The North Keystone location contained four massage parlors (Other World, 4441, Diamond's Angels, 4445, Pleasure Palace, 4461, and Town and Country, 4463) , two adult bookstores (Video World, 4447 and Adult Bookstore, 4475) as well as a topless lounge (Devil 's t 2 r Hideaway , 4451) . Six areas were also selected to serve as control sites for the study. These sites were chosen on the basis of their proximate location to the Study Areas (or their location on major thor- oughfares in areas physically similar in location and types of development) , size of population and zoning characteristics. None contained adult entertainment businesses. Selection was also made so that two of the sites were in predominantly resi - dential areas , two in commercial areas and two in areas that contained a significant mix of residential and regional com- mercial zoning. These six sites became the Control Areas of the study, (cf.. Appendix I .) AREA ZONING CHARACTERISTICS CONTROL AREAS SITE CHARACTERISTICS Residential Commercial Special Parks Residential - - 1.2300 West loth St. D5-82t C1-4t C3-14% 2.2500 East loth St. D5-80t C2-12t - - C3-8t Coml ./Residential 3.5420 E. Washington D5-62t C3-1% - - D6-8t C4-19t 08-10% 4.2600 W. Washington 05-35% C1-2t SU1-3t - D4-34t C2-1% SU2-3t C5-13t C7-8t Commercial 5.5200 14. Keystone D2-7t Cl-4t 111.1-10% 04-2t C3-9t 05-15% C5-25t D7-6t C7=20t CS-2t 6.750 N. Shadeland 02-3t C4-49t SU1-15t D3-15t C5-10t D7-3% CS-5t 3 AREA ZONING CHARACTERISTICS Residential NEIGHBORH00D-RELATED COMMUNITY-RELATED Study Area 1 . 100% 2. 99% 1% Control Area 1. 100% 2. 100% Coml ./Residential Study Area 3. 78% 221 4. 82% 18% Control Area 3. 81% 19% 4 Commercial • 78$ 22$ Study Area 5. 70% 30% 6.' 35% 65% Control Area 5• 43$. 57% - 9. 36% 64% STUDY SITE COMPARISONS Throughout the following analyses, a series of comparisons are made at several different levels of geography: i .e., County/ Police District; Census Tract/Census Tract Cluster; and Control/ Study Area. Large Area When dealing with crime statistics, the Indianpolis Police Department District is used as the largest universe of com- parison. In the case of real estate Information, Marion County is used as the largest geographic area of comparison. Center Township is also used as a basis of comparison in the analysis of adult entertainment impacts on property values Mid-Size Area Intermediate geographic levels used for comparison in the study were census tracts when study sites were centrally located within their boundaries. Where they were not, those census tracts in proximity to the site were chosen as the basis of comparison. 4 CENSUS TRACTS/TRACT CLUSTERS Study/Control Areas 1 2 3 4 _ 5 6 Control Areas 3412 3527 36 3414 3216 3606 2416 3547 3612 3426 3217 3607 3548 3608 Study Areas 3310 3526 3411 3414 3607 3216 3601 3548 3426 3224 3549 3538 3��5 3226 Sub-Area The Control Areas and the Study Areas, as described above, formed the smallest. geographic group of the study. These target areas were constituted using the criteria listed in the previous section of this report and data derived for them by aggregating block-level or addressed data within a 1000-foot radius of the area centroid. 5 1 I slow I � � � r 1 w r_ 1 ■If 1 I sls .w r r �nown 1 metum E ago Me -- -- , ........ Ills .. ... ...� 1 �� Ir• � 0. N t r ./1 1 ' Imam 2� sal s� Imp Y ± No Y OM 1 ... Was1•s. •••• ■' ssr / r• • O•• .n rr / son an SEW s t� •� 1 i 1 � r Boom sm 1 1 • site r r 1 on I / 1980 CENSUS TRACTS ADULT ENTERTAINMENT BUSINESS STUDY • Study Area O Control Area t 6 - CRIME INCIDENCE t �. J J . CRIME INCIDENCE The Data Processing Unit of the Indianapolis Police Department performed two computer runs of their "Incidence Files" 1 in August of 1983 at the request of the City Division of Planning. The re- sultant printouts detailed all reported incidents to which po- lice had been dispatched in the Cc.-itrol Areas and the Study Areas during the years 1978, 1979, 1980, 1981 and 1982. Data were assem- bled from these printouts on a year-by-year, area-by-area basis They were then grouped by Major Crimes2 and Sex-Related Crimes.# Summary data for the Indianapolis Police District were also assem- bled for major crimes during the years 1978 through 1982. Unfor- tunately, sex-related crimes had not been discreetly assembled for the Police District and study constraints would not allow their tabulation manually. The purpose of these tabulations was to identify any possible abnormalities that might have occurred in expected frequency and nature of crime between the Indianapolis Police District, the Control Areas which were chosen for their similarity to the (awl Study Areas and the Study Areas themselves in which adult enter- tainment establishments were In operation. As was demonstrated in the previous section, the Study Area loca- tions were chosen as being representative of existing adult en- tertainment sites in zoning mix, size of population, age of hous- ing stock and types of adult entertainment services offered in the area. Excepting the latter, these same criteria were used in the choice of Control sites. Because they were representative, it is possible to compare Control and Study Areas as well as in- fer findings to other adult entertainment locations in the com- munity. Based on the summaries of crimes, crime rates were computed f r each area using 1980 Census data as the population constant. The crime rate statistics portrayed the frequency of crime in each area for each 10,000 of population and allowed direct com- parison of crime impacts between the three areas. The same tech- nique was used to compare the magnitude of sex-related crime in the Control Areas and the Study Areas. 7 MAJOR CRIMES The crimes of Criminal Homicide, Rape, Robbery, Aggravated Assault, Residence and Non-Residence Burglary, Larceny and Vehicle Theft are reported on a monthy basis by the Indian- apolis Police Department as Major Crimes. During the period of this study ( 1978 - 1982 ) , there were 175,796 major crimes reported in the IPD District with an annual high of 37,220 occuring in 1990. The crime rate for this year was 792.42 in the police district. This represented an increase of 2,115 major crimes over the previous year total and an increase of 6% in the crime rate. The lowest annual total in the study period ( 33,898 ) was reported in 1981 which represented a drop of 10% in the crime rate from the previous year. Indianapolis Police District Major Crimss/Ratas 1878-1882 Population- 44s,700 14» 1070 1440 1M1 tsa2 WNW 7V1.42 s2/1.M 107/226 4Mt.i4 ss/1.47 Repo 841/724 43WSM 410/L73 40WL62 347IL24 PAW07 INW41.70 206S 43.71 21=144.M 2184/4L71 1ML42r 3 AgWevated Assault 136LIt .s1 tasU2.1.s4 1743167.11 1640/40.03 1UW4024 Raslasnoo worm 464W13L11 "1i U 20 7446/16s.67 767711O 44 77M146.70 Non.R-- dsneo wplary M2160.M 2011/42.62 267W64.41 =W4L14 2213147.12 LW"" 16 o b'3 6 .N 14927/402.s4 1"W402.61 14762/2672! 174s7/672i 1 VOW@ Theta SW4170M 3"1/75.47 3747IM43 2642/66.16 2402/41.78 Tote! SM71741.M 36106/74749 67220/792.42 6.1444/721.70 3473w764.M Total Gtstae 176,7M hr 10.000'apubtlsa 8 Over the same period of time, the Control Area for this study had 5,170. major crimes committed within its boundaries - the highest number occurring in 1980 when 1 ,099 crimes were re- ported. The crime rate for this year was 942.05 in this area. This is compared to the lowest total of 912 and a crime rate of 781 .76 for 1978. This represented an absolute difference of 187 total major crimes and a difference of 21% in the crime rate ( 160.29 ) . Control Area Major Crimes/Rates*1978-1982 tlopoiation-11.6610 1979 1979 tow 1M1 1962 Murder 1/0.6e 4/3.43 3/2.37 $1429 211.71 Race We." 1211029 16/12." We.6e 13/11.14 l0lawa y 37/31.72 44/37.72 44/37.72 60/42.6e 36/30.6e Aggravated _ Assault 1911629 36/30.00 29/24.de 30/26.72 37131.72 Residence "glary 151/129.42 229/19e.30 292/224.66 272/233.14 19W1e9.72 Mon-Residence awwary 71/e0.6e 60/42.6e 62/63.16 6W60.67 7We7.72 • Lares" 464/414.66 644/466.31 674/492.03 W/504.03 670/436.31 Vehkle Theft 141/120.ee 112/96.01 110/94.29 93/71.16 90/77.16 TOW 9121761.74 1.030/6e2.91 1,09W942.06 1.09W93e.63 1.034AMe.34 TOW 6,170 *Per 10,000 siiop�Aalfon Average:6ee.34 During the period 1978 - 1982, 4,657 major crimes were committed in the Study Area. As in the IPD District and the Control Area, the greatest volume of major crimes ( 1 ,103 ) occurred in 1980 which had a crime rate of 1 ,291.42. The fewest number of crimes in the study's time frame was 867 in 1978 which represented a di fferenci al in the total number of major crimes reported and the rate of crime of -236 and -276.32 respectively from 1980 • 9 Study Area Major Crimes/Rates* 1978-1982 (PaoulatWi- 6.541) 1978 1179 low 1941 1962 WNW 213.61 0% 2/2.34 a/&" 0% Rape 6/3.51 12/1446 11/12.68 0110.54 W9.37 Robbery 66/64.40 63/62.06 88/67.91 26130." 44/51.52 Aggravated Asaautt 26/29.27 18/21.06 22/25.78 /6/16.73 29/33.96 Resldenee Burglary 161/188.50 200/234.17.. 244/285.58 190/222.48 139/221.29 Non-Realdarxe affoary 92/94.01 58/67.81 80/93.87 66/76.10 64/74.93 Lareerry 462/540.92 450/526.67 486/6a8.10 680/655.66 484/543.20 Vahkft Theft 76/66.98 90/106.37 1001117-0e somas 77/90.15 TOW e67/1015.10 661/1031.60 1103/1291.42 931/1000.04 976/1024.47 "W 10,000 'apwatton ' Totat 4,667 Average: 1090.31 The frequency of crimes in the IPD District, the Control Areas and the Study Areas showed approximately the same pattern. In each of the areas, the number of major crimes increased from 1978 to 1980 when they peaked. Subsequent years showed frequency levels below the 1980 high. The average crime rate figure for the Indianapolis Police Depart- ment District was 748.55• The Control Area had a rate that was 137.79 higher than the overall police district, whereas the Study Area was 204.17 points higher than the Control Area. In other words, people living in the Control Area of the study were ex- posed to a major crime rate in their neighborhoods that was 18% higher than that of the IPD population generally. Residents of the Study Area, however, were exposed to a major crime rate. that was 23% higher than that of the Control Area and 462 higher than the population of the IPD District as a whole. 10 • Major Crime Rate* 1978-1982 Ip0 District Control Area—-- Study Area ——-- 1500 1300 1291.4 1100 /♦ � 1�p0.0 1015.1 _.— _ 1031.5 1024.5 942.1 a1d.e 900 ss-2•° 886.3 741.7 T4T•4 721.7 739.5 700 500 1978 1979 1980 1941 1982 *The numerical Instance of Crindnal Homicide. Raps. Robbery. Aggravated Assault. Residents Burglary. Non-Residence Burglary. Larceny and Vehicle Theft- per 10.000 population. 1 ,t It is interesting to examine crime rates within the Control and Study Areas in relation - to the land use characteristics of the locations in which they occurred. °" - Crime rates provide a better understanding of actual impact on the resident of the area than crime frequencies in that they establish a ratio of crime to each 10,000 of popula- t i on. In this way, they tell us just how vulnerable a neigh- borhood is historically to crime within its boundaries. 1978-1982 ANNUAL AVERAGE MAJOR CRIME RATE BY LAND USE AREA Commercial Coml ./Res. Residential Pop./Crime/Ann.Rt Pop./Crime/Ann.WE. Pop. Crime Ann.Rt. Control 1 • 379 240 1267 2. 523 1147 4386 02 13T7' 3075 3. 2828 837 592 . 4. 2382 705 592 5210 15P2 592 5• 2159 1173 1087 6• 3395 1067 629 Study 555T 2 440 807 1. 219 439 4009 2. 1218 831 1365 MY iM 1768 3. 1015 834 1643 4. 1203 653 1086 12flT iM7 1341 5• 3656 1232 674 6• 1230 668 1086 k�'8S 19 00 778 Accordingly, we find that this impact is 74 higher in dis- trict commercial areas of the Control Area than similar dis- trict commercial areas of the Study Area. However, while the rate is approximately the same in the residential areas of both, the Study Area exhibits a crime rate that is 127% high- er than the Control Area in locations that are mixed district- commercial and residential in nature. 12 • 1978-1982 Annual Average Major Crime Rates*: Selected Areas 5000 4750 4500 4000 3750 3500 3200 3075 3000 ,r 2750 "00 2000 , • 1750 1768 1500 1250 f:. 1341 1000 SOS 1091 r 750 fr 'r'vf r•: 778 592 Soo rff{.•r{r h•. f o•f ff ,�,rr•:;{:';:i ti,:5::}:: } 250 Total Area Conti. coml./ Roe. Total Area Conti. coml.I. Ras. Res. Res. Control Area study Area •Per 10,000 Population 13 SEX-RELATED CRIME 5 Crimes of Rape, Indecent Exposure, Obscene Conduct, Child Mo- lestation, Adult Molestation and Commercial Sex were segre- gated and then aggregated from police printouts of total crime incidence occurring within the Study Area and the Control Area for the period 1978 - 1982. A total of 153 sex-related crimes was reported in the Control area during this period, with a high of 39 having occurred in 1979. During the same period, the Study Area experienced 198 sex-related crimes, reaching a high of 52_ in 1981. Control Area Sex-R*lat*d Crimes/Rat*s*1978-1982 0%W"doR-I IAA 1*» »» Im 1M1 1•s= A.o. • is is • 12 Wee"axpow" 7 10 • is 4 Cinext 0 ! 0 0 1 Odd W0698"W" 0 10 4 a 12 raw, MoNst,+fen s s 0 1Caffmordw s 0 1 1 0 0 T�qt 2s/1•.7 M/3s.4 IM4.9 >fWM7 82WA Teat 1•3 •ti 10,000►""anon study Area Sex-Related Crimes/Rates*1978-1"2 0*VAMW!-4M 1) Iwo 1.7s IM 1861 1s" ar. s >• /+ a • in +s u s T e.r.e • • • + 0 car rr.w.r. s • s ++ s A" r.+�w.r.t + • e e s • w 1 • N is Too isms 44MA 44/•1.9 Gem" 40Ms TOW 1M •/rr 10,000 h"4rlrn 14 Sex-Related Crime Rate* 1978-1982 Control Area— — Study Area es --' so eo.s as 1� 50.4 - 60 4s / 46.8 40 i 3s / 33.4 30 / \ \ Z4. z 7.4 ?s si _ Za. tiry� ZO el 10.7 is 10 s 0 1970 1979 logo 1961 toe? •The numerical Instance of Rap*. Indecent Exposure. Obscene Conduct. Child Molestation. Adult Molestation and Commarcial 3*x- Per, 10.000 Population. t 15 Whereas sex-related crime rates in the Control Areas varied from a low of 19.7 in 1978 to a high of 33.4 in 1979, the Study Areas increased from a low of 22.3 in 1978 to its peak - of 60.9 in 1981 . The average sex-related crime rate in the Control Area was 26.2 over the five year period. The rate in the Study Area was approximately .77% higher than this average during the same period of time at 46.4. Comparing the crime rate for sex-related crimes by land use categories in the Control and Study Areas , a different pat- tern than that for major crime rates emerges. 1978-1982 ,ANNUAL AVERAGE SEX-RELATED CRIME RATE BY LAND USE Area Commercial Coml ./Res. Residential Pop./Crimes/Ann. Rt. Pop./Crimes Ann. Rt.Pop./Crimes/Ann. Rt. Control 1. 379 2 11 2. 523 7 27 902 9 20 3. 2828 35 25 4. 2382 29 24 210 25 5. 2159 49 45 6. 3395 29 17 555Ti _7 ' 28 Study 1. 219 5 46 2. 1218 23 38 1T37 2T 39 3. 1015 38 75 4. 1203 32 53 221 70 63 5. 3656 69 38 6. 1230 31. 50 DHSS 0 41 16 • 1978-1982 Annual Average Sex-Related Crime Rates*: Selected Areas 100 os 0o as so 7s 70 as 63 so ::.•••.•: 56 so 16 ;rX :�:•:•:•::•: 45 1 (40,140 39 36 2610 25 25 ESE; '•'�{s• :%.•,:;tip{,,.�,':• r:,.'•,•.{4:•,:::;:} }:;:{•}:i Total Area Coed. ComU Ras. Total Area Coml. Coml/ Res. Rea. Ras. Control Area sway Area a Per 10,000 Population t 17 c Whereas major crime rates were Simi far in residential areas of the Control and Study Areas , the Control Area rate was substan- tially higher in district commercial areas and lower in mixed district commercial/residential areas . In contrast to this , the s+ex-related crime rate was uniformly higher in all land use cate- gories of the Study Area, ranqinq from +46% in residential areas to +152% in district commercial/residential areas. SUMMARY OF FINDINGS Both the Control and the Study Area experienced a sig- nificantly higher incidence of major crimes/10,000 population than the IPD District as a whole. Much of this increase would be expected given their location in generally older, less affluent and more populous areas of the city. It is more difficult to explain the distinctly higher crime rate experienced in the Study Areas as compared to the Con- trol Area - 1,090.51 versus 886.34. This dicotomy is even more apparent in the instance of sex- related crime rates. in the two areas. The average sex-related crime rate in the Control Areas was 26.2. The Study Areas had an average rate of 46.4. If the same ratio between the Control and Study Areas estab- lished for major crime during this period were applied, we would expect a crime rate that was 23% higher - or 32.3 - in the Study Areas. The actual rate of 46.4 is 772 higher than that of the Control Area and underscores a distinct departure from the expected. Not only is the rate substantially higher in the Study Area, but it is twice the rate that would have been expected from the distribution of crimes generally in Indiana- polis. The anomalies demonstrated in the comparison of the Study Area with the general population and the Control Area will not, in themselves, establish a causal relationship between Adult Entertainment Businesses and the crime rates in the immediate area surrounding them. The fact does remain, however, that in each subsection of the Study Areas where adult entertainment is offered a substantially higher sex-related crime presence ob- tains over the corresponding subsections of the Control Area. in which no adult entertainment is offered. The same is true regarding the rate of major crimes. 18 In areas chosen for their similarities otherwise, an obvious difference lies in the presence of one or more adult enter- tainment establishments. (WWI • 19 FOOTNOTES 1. The Incidence File is a computerized listing of all reports made by police after initial investigation of an incident to which they were dispatched. It , therefore, provides a more reliable indication of crime incidence than the com- puterized "Police Run" file which logs police dispatches based on preliminary information on the incidents. 2. Criminal Homicide, Rape, Robbery, Aggravated Assault, Resi- dence Burglary, Non-Residence Burglary, Larceny and Vehicle Theft. 3. Rape, Indecent Exposure, Obscene Conduct, Child Molestation, Adult Molestation and Commercial Sex. 4. -Since population estimates were not available for each year of the survey, the 1980 Census figures were used because they were the result of an actual enumeration and, falling at the mid-point of the survey, they would tend to balance out popu- lation trends during the five year time span. 5. Sex-related crimes are not isolated and compiled on a routine basis for the IPD District as a whole. A manual compilation of these data was proscribed by the time limitations of the study. 20 r CRIME IMPACT BY AREA TYPE J � . IMPACT BY AREA TYPE As it will be noted, sample size poses a distinct problem when attempting analysis at the small area level . This is particu- larly true in the instance of mortgage information. Due to this inadequacy, it is impossible to compare the impact of adult entertainment businesses on residential property value below a certain level of geography. This is not the case, however, with crime statistics. In this case it is possible to compare sub-areas of the target areas since the comparisons are based on the actual instance of crime in the area ( unlike mortgage data where average value is the basis of comparison.) The sub-area comparisons were based on the nature of the areas in relation to their land use composition as determined by the Comprehensive General land Use Plan of Marion County. Four sub- areas were of a distinct regional commercial nature, four were residential in nature and four were of a mixed residential- commercial makeup. The three groupings were compared with each other to determine r if crime, from a historical viewpoint, occurred more frequent- ly in areas of one land use configuration than another. Whether or not crime frequencies , at least in part, are deter- mined by the land use characteristics in which they were com- mitted cannot be definitively answered here. Several striking patterns do emerge from the comparison, however. CRIME FREQUENCIES BY AREA TYPE Of the 9,829 major crimes committed in the Control and Study Areas during 1978 - 1982, 27% were perpetrated in regional com- mercial areas, 31% in mixed commercial-residential areas and 42% in predominantly residential areas. In other words, crime frequencies were 56% higher in residential areas than commer- cial areas while mixed commercial-residential areas were 372 higher than commercial areas. The following table displays major crime frequencies for the five year period by type of area, the existence or non-exis- tance of adult entertainment and specific location. 21 MAJOR CRIME FREQUENCY 1978 1979 1980 1981 1982 Tot . % District Commercial Study Area No. Keystone 83 71 112 87 86 439 E. Washington 150 152 202 186 141 831 233 223 317 293 227 1270 Control Area No. Shadeland 38 41 34 43 84 240 No. Keystone 212 217 210 259 249 1147 250 55$ 22W 302 333 33U Mixed Res./Coml . 2657 27% Study Area W. Washington 123 184 190 185 152 834 West 16th St. 177 128 140 104 104 653 300 312 333 2=9 2_W �i77 Control Area W. Washington 110 182 211 184 150 837 E. Washington 160 151 ' 130 139 125 705 270 333 3T+1- 323 275 1—2 Residential 3029 31% Study Area East loth St. 219 235 294 242 242 1232 East 38th St. 115 111 165 127 150 668 33T 3+� T+ 9 3�9 392 1900 Control Area - East 10th St. 211 239 269 210 243 1173 West loth St. 181 200 244 260 182 1067 337 3W _5$ 3=9 392 22 0 4140 42% The pattern was similar in comparison of the frequency of sex- related crime within the three areas during the same period of time. It was more pronounced, however. Fifty-one percent of the total occurred in residential environments, while thirty-eight percent occurred in mixed commercial-residential areas. In com- parison, only eleven percent of the total occurred in dis- trict commercial areas. The following table displays sex-related crime frequencies for the five year period by type of area, the existence or non-exis- tence of adult entertainment and. the individual locations inclu- ded in the study. 22 SEX-RELATED CRIME FREQUENCY District Commercial 1978 1979 1980 1981 1982 Tot. % Study Area No. Keystone - 2 2 - 1 5 E. Washington - 4 4 $ 23 � _S —g —g 2$ Control Area No. Shadeland - - - - 2 2 %o. Keystone 1 3 1 1 1 7 1 3 1 t Mixed Res/Coml. 3 937 11$ Study Area W. Washington 5 10 12 8 3 38 West 16 St. 1 4 8 9 10 32 1Ti 20 17 13 70 Control Area W. Washington 3 8 11 8 5 35 E. Washington 4 10 3 8 4 2 -7 � � � -9 Residential 134 38% Study Area East 10th St. 12 18 14 17 8 69 East 38th St. 1 5 4 10 11 31 Control Area j 13 23 � 27 19 too East loth St. 11 13 7 7 11 49 West loth St. 4 5 6 5 9 29 15 1� 13 12 20 1S 178 51% These trends are not easily explained on the basis that "where there are more people there will be more crime."Communi ty-rela- ted co mmercial areas draw clientele from a broad geographic area and can be expected to attract many times the residential popu- lation of the immediately surrounding area. This is the purpose of the district commercial zoning designation. Further, the trans- ient nature of this population could be considered to contribute to the incidence of certain crimes. 23 Major Crimes / 1978-1982, Selected Areas Commercial 2837 Study 1270 Control 1387 Residence/ Commercial 3029 mm Study 1487 Control 1542 Residential 4140 Study 1800 Control 2240 0 1000 z000 soon e000 5000 24 Sex-Related Crimes / 1978-1982, Selected Areas Commercial 37 Study 28 Control 8 Residential/ Commercial 134 Study 70 Control 64 Residential 178 Study 100 Control 78 0 60 100 ISO 200 260 300 25 SUMMARY OF FINDINGS There appears to be a strong correlation between crime frequency and the residential character of neighborhoods , i .e. , the more residential the nature of the neighborhood, the greater is the instance of crime in that neighborhood. Crime frequencies were, in fact, fifty-six percent higher in residential areas than dis- trict commercial areas. The above correlation is even more acute when considering sex related crimes. Sex-related crimes occurred four times more fre- quently in substantially residential milieus having one or more adult entertainment businesses than in commercial environments having one or more such businesses. i 26 • REAL ESTATE IMPACT i C� J J ti REAL ESTATE IMPACTS This study also undertook the quantification of possible effects of the proximity of adult entertainment businesses on the value of residential properties within a one thousand foot radius of their locations. In examining the potential impacts, 'three sources of residential property values were investigated: i .e., Indianapolis Residential Multiple Listing Summaries (MLS) of the Metropolitan Indianapolis Board of Realtors, the 1980 Census (tract and block occupied, single-unit housing valuation data) ; and, annual lending institu- tion statements under the Federal Home Mortgage Disclosure Act (MDA) . Summary data from the MLS were available over the period 1979 - 1982, while actual mortgage values reported by lending institutions were available for the period 1977 - 1982. The U.S. Bureau of the Census provides homeowner estimates of home value at the time of the 1980 Census (April 1 , 1980) . The data available from these three sources differ in other ways. The 1980 Census, while relying on homeowner estimates of the worth of property, is a 100 percent survey and is described down to the block level . Home Mortgage Disclosure Act data provide a record of actual mortgages processed and reported by local Aenders (only a portion of the total volume) . The lowest geographic level at which this information Is available is the Census Tract and, even at this level , at times poses a difficulty with the available sample size. Multiple Listing Summaries generally reflect an esti- mate of worth based on current market conditions for the area and can be assembled at virtually any geographic level since they are listed by address. As in the case of the Mortgage Disclosure Act statements, however, there are at times problems with the suffi- ciency of the sample size at the small area level . Each of the data sets presents some weaknesses. Although the 1980 Census only reflects an estimate of housing value at one point in time, It has the advantage of being a 100 percent survey of occupied, single-unit housing. The other two sources offer time series data over periods of four and five years. They have the liability, how- ever,-of sometimes lacking a sufficient sample size at the small area level in any given year to'allow an acceptable level of statis- tical confidence. Due to these. characteristics of the data, certain modifications were made in the study's original intent. Rather than doing annual comparisons of housing value, 1979 was chosen as the comparison year and the 1980 Census data set chosen due to the ability to summarize it at the county, tract and block level . 27 The geographic levels of comparison were the County as a whole, the Census Tract or Tract cluster in which the Study or Control Areas were located and the areas within a 1000-foot radius of the Study and Control location centroids. A next step was to use the data available on real estate activity in the Multiple Listing Summaries to establish market performance between 1979 and 1982 in both the Control and Study Areas* The results were compared to real estate activity in the residential market of Center Township wh7-h, in terms of value and general housing condition, most ciose,y resembles the two areas among the nine Marion County townships. COMPARISON RESULTS AVERAGE MORTGAGE VALUES - 1979 Marion Countyl $ 41 ,854 Control Areas Study Areas Tract/Tract Clusters $ 31 ,858 $ 28,003 [ Tract/Tract Clusters2 J [ 2.7,872 ] _ [ 21 ,605 ) 1000-Foot Radius 23,721 24,616 t [ 1000-Foot Radius3 ] [ 16,038 ] j 23,823 ] 1 . Source: 1980 Census. 2. Source: Home Mortgage Disclosure Act Statements. 3. Source: Residential Multiple Listing Summaries. Comparison of the 1980 Census data would indicate that the value of housing in the areas addressed in this study are from 40 to 73 percent below the Marion County average. While the average value of housing at the census tract level was somewhat higher in the census tracts in which the Control Areas were located than those in which the Study Areas were located ($31 ,858 vs. $28,003) , the opposite was true when comparing the target areas themselves. Housing values within 1000 feet of adult entertainment businesses in the Study Areas were greater (although by a lesser margin) than those in the Control Areas ($24,616 vs. $23,721). * Whereas the sample size is sufficient in most years to provide acceptable confidence levels for mortgage averages, the sample. is only marginally acceptable in 1981 and 1982 for the Control Area. 28 This finding is borne out by an examination of actual mortgages executed within the affected census tracts of the Control and Study Areas, as well as real estate listings at the 1000-foot level . Using mortgage and real estate listing data we find that, while consistent with the Census data findings, the disparities were more acute. Average mortgages at the tract level were $27,872 vs. $21 ,605 in the Control and Study Area tract clusters respectively. At the 1000-foot level , real estate- Iisting values in the Control Areas dropped to $16,038 while Study Area listings increased by approximately 10 percent over the average mortgage value in the tract clusters of the Study Area. It would appear that, while property values at the tract cluster level are appreciably higher surrounding the Control Areas, housing within the Study Areas themselves is, on the average, of distinctly higher value than housing stock in the Control Areas. TIME SERIES ANALYSIS RESULTS During the period 1979 through 1982, mortgages processed in the Control Areas of the study showed an average annual appreciation rate of +24.7 percent. During the same time frame, mortgages appreciated at an average annual rate of only +8,7 percent in the Study Area. In comparison, residential mortgages in Center Town- ship appreciated at a +16.7 percent average annual rate for the • period. AVERAGE MORTGAGE VALUES 1979 - 1982 1979-1982 1,�7� 1_ l= l % c_ Control Areal $16,038 $21 ,687 $22,650 $28,420 + 772 Study Area 23,823 25,432 30.964 30,090 + 26% Center Township2 16,100 17,178 18,903 25,099 + 56% l .Sourca: indianapolis Multiple Listings for Residential Prop. 2•Source:Mome Mortgage Disclosure Act Statements. 29 MORTGAGE VALUES % Change From Base Year (1?7 ) tb % Center Township 7-1 ;j tudy Area — — — — Ccn t rol Area' 50 25 .00 i 0 -25 -50 1979 1980 1981 1982 REAL ESTATE LISTINGS . % Change From Base Year (1979) 10 ` Cen t e r Town s h i p 75 Study Area Con t ro 1 Area 50 25 0 - - - -25 41*� -50 -75 00 1979 19 19 1 19 2 30 The average value of mortgages from 1979 to 1982 in Center Town- ship increased by 56 percent while Control Area values increased by 77 percent and the Study Area by 26 percent. RESIDENTIAL REAL ESTATE ACTIVITY 1979 - 1982 1979 1980 1981 1982 % Change Control Area listings 29 23 15 15 - 52% Study Area Listingsl 28 28 26 29 + 4% Center Township Mortgages 2 898 635 377 182 - 80% 1 . Source: Indpls. Multiple Listings, Residential Properties. 2. Source: Home Mortgage Disclosure Act Statements. Both Center Township and the Control Area followed general market trends in the volume of real estate activity, failing ing by 80 per- cent and 52 percent, respectively, from 1979 to 1982. Once again, the Study Area performed in an atypical fashion, actually regis- tering a slight increase in volume (4 percent) over the same period. CONCLUSIONS While bearing in mind the above-mentioned difficulties in certain cases with the sample size at the sub-area level , the following observations may be made on analysis of the data. A comparison of residential real estate listings indicates that the areas chosen in this study which have adult entertainment establishments within their boundaries have, on the average, a residential housing base of substantially higher value than that located in the areas chosen as control sites. Despite the higher value of housing stock in the Study Areas, property values appreciated at only one-half tMe rate of the Con- trol Area and at one-third the rate of Center Township as a whole. Another anomaly apparent in analysis of real estate activity within the three areas is that market forces within the Study Areas were present which caused real estate activity within its boundaries to run completely contrary to County, Township and Control Area trends. 31 In summary, the available data indicate that twice the expected number of houses were placed on the market at substantially low- er prices than would be expected had the Study Area real estate market performed typically for the period of time in question . j 32 APPRAISER SURVEY e � . J PROFESSIONAL APPRAISAL OF IMPACTS Because of the great number of variables that have the potential to cause a particular real estate market to perform erratically at a small area level , it was decided to solicit a "best available professional opinion" from real estate appraisers regarding the market effect of adult entertainment businesses on proximate land values. The Indianapolis Division of Planning approached the Indiana University School of Business' Division of Research for assis- tance in polling the real estate appraisal community on the sub- ject. The University proposed that the survey be national in scope and offered to design and pretest the survey instrument. Dr. Jeffrey Fisher of the University's School of Real Estate collaborated in- drafting the instrument and conducted the ini- tial test at a workshop in early September. Analysis of this pretest indicated the need for minor adjustments to the form. In its final format, the instrument (cf. Appendix II ) posited a hypothetical middle income, residential neighborhood in which an adult bookstore was about to locate. Respondents were asked to numerically rate the impact of this business on both residential and commercial property values within one block and three blocks of the store. They were also asked to rate a num- ber of potential other uses as to whether they would increase or decrease property values. Finally, survey participants were asked to express what they generally felt the effect of adult bookstores was on property values. The survey sample was drawn at two levels. Using the membership of the American Institute of Real Estate Appraisers as the sur- vey universe, a twenty percent random sample of members was constructed for the entire nation. In addition, MAI (Member Appraisers Institute) members who practiced in 22 Metropolitan Statistical Areasl (MSAs - as defined by the U. S. Bureau of the Census) of a size similar to Indianapolis were surveyed at the one hundred percent level . In January of 1984, 1527 questionnaries were mailed. As of February 22, 507 (33%) had been returned. These returns were split evenly between the 20% (249 returns) and 100% (258 returns) samoles. In the national sample the rate of return by geographic region 2 was fairly consistent: East,41 - 27%; North Central , 56 - 28%; South, 89 - 25%; and, West, 63 - 24%.Return rates from the 100% MSA survey varied from 14% from Newark, N. J. to 62% from Cleveland, OH. 33 20% NATIONAL SURVEY RESULTS Survey respondents overwhelmingly (80%) felt that an adult book- store located in the hypothetical neighborhood described would have a negative impact on residential property values of premi - ses located within one block of the site. Of these, 21% felt that the property value would decrease in excess of 20%, while S9% foresaw a value decrease of from 1% to 20%. One-fifth of the respondents saw no resulting change in residential property -val- ues. Seventy-two percent of the respondents also felt that there would be a detrimental effect on commercial property values at the same one block radius. Only 10%, however, felt that the effect would exceed 20% of worth with the majority (62%) seeing a 1% to 20% decrease in value. 28% of the survey predicted that there would be no negative effect. While the great majority of appraisers felt that the effect of an adult bookstore on property within one block of the site would decrease property values, they felt that this impact fell off sharply as the distance from the site increased. At a distance of three blocks, only 36% of the respondents felt that there would be a negative impact on residential properties, whereas 64% felt that there would be no impact at all. Better than three-fourths (77%) of the survey saw no Impact on commer- cial property at this distance. , In summary; The great majority of appraisers who responded to this sur- vey felt that there is a negative Impact on residential and commercial property values within one block of an adult bookstore. This negative impact dissipates markedly as the distance from the site increases, so that at three blocks the esti- mate of negative impact decreases by more than one half judged by the number of respondents indicating negative impact at three blocks. The majority of respondents felt that the negative impact of an adult bookstore is slightly greater for residential properties than for commercial properties and decreases less dramatically with distance for residences. 34 WATIO::AL SURVEY OF APPRAISERS Impact of Adult Bookstores On Property Values RESIDENTIAL PROPERTY AT ONE BLOCK 2 •tilcw valet , •s •C1 Ipal .awe sent east - 10 re 1.1 Ott , Cflw•a wr•. 1 1 / t ima•" Pats I 1 I/ 1 ,1 1 • 1 •! Il•1 I 38.1 1 b.♦ !. 11.1. 1..L.J 1 It.1 1 i.• 1 ,J.• 1 1,.1 , 8 1 l.. i ..• 1 ... 1 1•, t f t 1, 1 /. 1 J• 1 I/ 1 •, facfl•1c>Illtaff ! f1., 1 1•.• t 1,.. , 1•./ 1 sees ..,. ll.l , Il.f. i p.1. Isle••. ! //c/I.1/ Iw/I:•J•. 1.:; .�••Mta. � w•I .�•/•f�, �.-s•q i 1 Ifs 1 lea 1 11.1 t !ls 1 • ! • 1 . • 1 1• 1 q t N 1 /f.• 1 1,.• I N., t H•• 1 446 ISS t /•• 1 I.• / t•f 1 •.• 1 • alas—:sl;.�--_••!•:—•—,�_ ry—_ 1a11� N r « q 1N 2 i 20+ ! 1- 1- Neg. No 23 10 Chg. COMMERCIAL PROPERTY AT ONE BLOCK 10 8 Q e 1s1 Ca1w I .. all 11•/t adds" "Was - east - •fe CL PC? I cl/1•y wt" 1 1 I 1 / 1 to 1 • 1 H Iac•l•fi ,•)If l J/•J 1 ls.• 1 N•/ /. J••1 J ..lass 1 1.1 1 If.• 1 Y.• I ••� 1 43. �f I I 1 /• 1 H t 11 1 N Itcff•aa•1•f/1/f i •.l 1 N., I •1., 1 11.• 1 1••1 _ .. .1__1•iJ_M••_ 1. //•I a. lI.e.J_ 1 1.l I /.• 1 •.• I •N 1 Ncn"w ION•1 1 H•I 1 H.._.&_ >•/I 1 HJ_I 111•• 2him, I •/./ t Vm it.• 1 11.4 1 •e.I t • I 1/ t 1• t N I II 1 •/ t:ll�tat._J. Ia.•.1 N.a.J_Jf•1�L!•.i. 1—JIY I 6.1 a 1 /e./ I It.• 1 % 20+ 1 1- 1- Neg. NO 1 a 46.• I 1•.• 1 •.• 1 .. two�'—.•seem.--sets—r--�Iw.---,L LO 10 Chg. •. r « 1s 35 NATIONAL SURVEY OF APPRAISERS , impact of Adult Bookstores On Property Values RESIDENTIAL PROPERTY AT THREE BLOCKS C••1M {dwe ACT �•iCl. 100 CtV Oct 1'••t so". '�"a Mff •a. C•.a.a 1�TK in rC, t__ l a _ a t a t . .•. { 1 7 / 1 1 f 1 • 1 • 80 / 1. 1 1.a 1 •.• t •.. 1 1 a 1 •.. 1 •.• 1 •.• 1 t 1 a 1 • 1 17 ) • 1 a ••La[.f[>I.ft,•t 1 a.► 1 f•.1 1 f•.• 1 •.f 1 •.l _..a 0.0 .1 J•.f t. 1•.•. 1_7.a.-t- 60 ... 1 ... , teCl•.fl IlA O!•• 1 �... 80.8 1 Nj• / •,.a 1 ••.• 1 {•.. 1 M.• 1 71.• 1 •a.• 1 40 • t i t >» 1 N t tt, 1 1•f • LIIaNa. t. .IN•, .A. a8.7 1._M.J 7_a•.1.J�1a. t fi.f 1 .a.• 1 Y•7 t 17. t 1 ta.•20. , 1.•/ , 1••f 1 /•. 1 I aLN.f[ ItIM•• • •.• / •.• 1 IM.1 1 •.• 1 ••• t •. 1 •. 1SO ••• i •. 1 fw•1 1••1 N. >••• N.. /N•• t 20+ 11- 1- Neg. No 20 10 Chg. COMMERCIAL PROPERTY AT THREE 3LOCKS 100 a,[IC.1 80 ol..t 1 ar OCT $C.ft N•In f•YfM -was N• C06 Kt 1 C[Itf•[L •ty *+[ act { 1 t . a , 7 7 • j •aaf w >•••a .1 .••a , {••.'i i •.i i. .a.i. i. 60 1 •.• , 7. t •.• , •.. 1 1 ... 1 •.• t •.• , •.• 1 •1-----1••----t�--n--t-sa—tea. _ __._ t ..t.a .t . a.� 7_ •.,. a_.a. a. 40 1 ,.a , •.. 1 7.• t w 1 Nnaw In•li• ; ��.:`� 'w.s i as' ••%* 1 8 1.i-i_4•.• 1 •.• t a•,.a t /•.• 1 $$.1 , 1 .{.•.{. •. .7 t.a 7_..a.a..7._. . 20 a• CII.,Ifa_.{ .tf.�.al.f J-.if•{ ,..a••l.-L / ••.a , f,•• t M.a t •f•a 1 . 1 ,�.! t ,Mt 1 aa.4 t l a[N.N 11M•• / •. t •.. 1 M•• , NA t M % ♦ "g ---• -... _a.. •. [ _4.4_�_ .,�.,__ 20 10 Chg. .. .. 1 ... t ... [ CRAM. Aft SO �ttL 1•.• N.a ,•.• NM IN•. 36 Respondents were also asked to evaluate the impact on residential property within one block of a number of alternate uses for the hypothetical site described in the survey. Of the alternate uses proposed, a clear majority felt that a medi - cal office or a branch library would increase the value of sur- rounding residential property. A store-front church, welfare of- fice, tavern , 'record store, ice cream parlor or video-game' parlor were generally felt to neither improve nor decrease residential property values significantly. On the other hand, a substantial majority felt that a pool hall , drug rehabilitation center or a disco would decrease_ property values - although not as overwhelm- ingly as an adult bookstore. NATIONAL SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lower Much Some Same Some Much i Store-front church 5% 20% 58% 16% 1% Poo) hall 1% 8% 45% 38% 8% Welfare office - 12% 46% 33% 8% Neighborhood tave m 2% 18% 45% 32% 4% Record store 8% 27% 61% 5% - Medical office 24% 38% 35% 2% - Drug rehab Center - 7% 35% 42% 17% Ice cream parlor 15% 30% 53% 3% - Video-game parlor 1% 184 50% 27% 5% Disco - 11% 42% 352 12% Branch 1 i b ra ry 24% 34% 38% 4% - 37 a The survey also asked the degree to which adult bookstores affect property values generally and the basis for this opinion. Twenty-nine percent of those expressing an opinion saw little or no effect as the result of adult bookstores on surrounding property values. They based this opinion on their own professional exper- ience (13%) f the observation that this use usually occurs in an already-deteriorated neighborhood (24%) and the feeling that only one such adult entertainment use would be inconsequential . A substantial-to-moderate negative impact was projected by 50% of the respondents. Twenty-nine percent felt that this was be- cause it attracted "undesirables" to the neighborhoods in which they were located, while 14% felt that it creates a bad image of the area and 15% felt that the use offended pe rvailing commun- ity attitudes so that home buyers/customers would be discouraged. 13% based their opinion on professional experience. A number of survey respondents (20%) saw the potential impact on a neighborhood as being contingent on certain variables. 28% of these felt that it would depend on the existing property val- ues in the area as well as the subjective values of its resi- dents. 23% felt that development standards such as facade and signage would determine impact and 11% saw the nature of the ex- isting commercial area and its buffering capacity as being most important. Comm 1 a" PCT la..f Mat .O. tft RT 1 CILR.a► qf.a. .aas Tot KY; a s ! 1 a 1 • 1 _ IMPACT ON VALUES 1.—ice�:..6 as i�.`� a, 100 "We p 111iT 1 7... { aa.• 1 a..a 1 !a.♦ { _ta.a H.. a as.7 1 111..1 1 N• t ... 1- a.• 1 ..• � 1 M t >• 1 .7 1 h 1 11. «wt..r.�Y/a 1 17.. t M•. 1 77.1 1 87.3 80 _.. 1 asJ !. 1 •7.a..1 91.8 1 .. 1 .•a 1 11•. 1 M.. / 1... / 1 89.3 ! 80.3 1 a... 1 aa.. 1 1 83.4 a 14.0 1 II'.. 1 t... 1 . 1 1 . t . , 1 7 - . so I l.d !_ ••E {. i... 1.37.4 1 7.4 1 M.. t. •.. 1 1... 1 1 9.4 1 ..! 1 7.4 t .J t • f.f• MA ~ •t • fN — aa.. i 1 N 1 M.• 20 $ None/ Subst/ Cont. little Mod. 38 NATIONAL SURVEY OF APPRAISERS 4 Impact Of Adult Bookstores on Property Values ►ITTIt/Ir lyt{T ram 1t�aT�1:{4�rYLTt II�ajT --'�- - M• 1 y w• ray"••Iw.. •aw•_«�•"•.w' ••1.. tr••w ld K1 1 tawr tf••• •••i• rar•—rl•i r:'�•—..`• M/ar 1 J_l.«• L«_ij—.J�`�� •ra w• 1 awn•K d�_ • 1 • a • t 1 i u : • �. 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J•.f t_.•r.I �.•.1.1•i l.�w • I • • • a • / 1 i 1 real •fj•aTf • /•.• • •r / a.• / ••� / Mf Iallr•ta arlL•I.J. .•.•. 1�/•a.IJl•.a 1�•.` M•YI7 / ti / •� 1 b• • 8.4 / tl11 / •1 1 •r 1 a.a • I.r r • _•I w•rs/vS Jrtywr�J�•««• I •� I •r I •./ I •.• r T•/•••N•b • I • 1 • / • I • a at►a!•wl7w—sa••Ir•a r Ive rr1 / Ir / rw• I MI / •.• a Si • I • / • a • a . / •Ww1 'L'ta«J«a.a/�.N.f • •� • 1lNw *.ad dI• • • 1 1.0 • w.• I wr • •.a • aw • Y 1 I •.• I w / /1•I IIr wa LL`I�•1«l�bl_LJ•I,�J -• M��•r.�--�• / I� •r / ar / i• 1 f fa11•r LL_l.l«.ZL a • • •• •.• r 1 ••• • ••.• • ;M ! wr / 1•.• t— I�J�.-•�J� •jam,. 1 Nr • ww / w.! • wr / stoat I 1N I aaw • r•• 1 Nr / r-t` ��••r ~_N~_tl t .. 1 w tJ�.•�.i�Ma�l.La.l�l.•1 Mt L.-.J•L JI A rr• CMIfaR Ira•(T waw atr.I dew 7.q•1 a � 6 d•a► r --a..F� a._ a.J_a • • I r • • I • a • I • 1 rr I rr I •.• • •r a 1 M a •.• a •.• I •r / ��/w•rr4a�/'•.�r.rf•w1��a� • • 1 1 t o • / • a an••NIM Ia1• 1 wr I wr a w.1 / ar / •M • � y1.•1 j�•w.l Y.•..1�•r � «= 1 b1 • w a «• 1 a 68f•1 wtI[rrw111 a aA1 I •y I w• 1 r� 1 wr / •.a 1 1. a •w1aM•—+t_.L_•.� - yew • I • I 1 1 • 1 • • f Ire aawaKial rr / •.a / •� 1 8.8 / •.. • •1 I • 1 • a • / • ! f I • r1r/�/t7f•of ! rr I •.• / a•.• a w_.• • ta.1 1 a.1 • •� r aw 1 •.a I 60 •. L.__a«L.aJl_J _ �•M/�rq•�rtt wr 1 1 M t •r a ••• �1`a�y.`w.Iwr�• . • I • 1 • a • I • a u ftwti'�'w'I�Ifii'/a'"go.&'i w1.•'"Moo •s.•. 1 1•r / •.• I 1 I 1•r I w«�«•..��r •. I��a • t • a r 1 • t • a • •aw rl+• / •r • M 1 w • a.• / •I>♦•a�a Ian•-»rawer/rlw�Lw«� �tarwa wA • • • • / • • • I • •r • 0.00 1 •M I Y.• I •J 1 4a / 0.6 0" 1 •.t I tt/� w• w.1 /•.1 far •a•.a 39 100% MSA SURVEY RESULTS The 100% survey of Metropolitan Statistical Areas similar in size to Indianapolis produced results that were consistent in virtually all respects with the results of the 20$ national survey. As in the nationwide survey, respondents overwhelmingly (78%) in- dicated that an adult bookstore would have a negative effect on residential property values in the neighborhood described if they were within one block of the premises. 19% felt that this depreci - ation would be in excess of 20%, whereas 59% foresaw a decrease in value of from 1% to 26%. Sixty-nine percent saw a similar decrease in commercial property values within one block of the adult bookstore. As in the national survey, far fewer (only 10%) felt that a devaluation of over 20% would occur. The majority (59%) saw the depreciation as being in . the 1% to 20% range. Once again , the negative impact observed within a one block radius of the adult bookstore fell off sharply when the distance was in- creased to three blocks - although, judged on the number of those indicating no impact, there would appear to be more of a residual effect on residential properties than on commercial properties. 39% of the appraisers felt that a negative impact on residential properties would still obtain at three blocks from the site. Only three percent felt that this impact would be in excess of twenty percent. The remaining 36% felt that depreciation would be some- where in the one to twenty percent range. 61% saw no appreciable effect at all at three blocks. - Commercial property was judged to be negatively impacted at three blocks by 23% of the survey. 76% saw no change in value as a re- sult of the bookstore. In summary: Appraisers assigned a negative value to an adult bookstore located within one block of residential and commercial pro- perties at an approximate three-to-one ratio. At a three block distance, this ratio tended to be reversed. The number of those indicating a decrease in value at three blocks decreased at only one half the rate for residential property as for commercial property. 40 h!S/' SU►'VEY OF APPPAISCnS IMPACT OF ADULT BOOKSTORES Oil RESIDENTIAL PROPERTY AT ONE BLOCK Dec rease>20% " 11%-20% 3-10% Decrease No Decrease % 0 20 40 6o 80 • IMt , •r tl lage•I@. 1•t•N •alV-W 1M IY tt•q. rIA GO "W6404, C,w+rr\•.w. 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Y•• 1 •.1 /Ji. 1 Aa 1 �• 1 ILa 1 •.a • •.• 1 ti 1 •r • •r • 1 A• 1 r♦ 1 A• 1 ar / Ir 1 •.• 1 •N 1 ••• / •/'T-••••r��.•rf»�!ystet.9t:a•izw tY 1 • 1 • • • 1 1 • • • • 1 1 1 • / • t •• 1 Aa / •r i A• 1 16.4 1 ♦• / f.• / A• 1• •• • •r 1_.1J 1. ••1 J.._fI J_.•.• 1 .••• 1»_._ 1 v• 1 �• 1 A• 1 •r 1 aM 1 •r / M • •.• 1 1 • 1. J • •. L I..a...I_L_ fJ.� L J.. .l .1»..1� 1 A• 1 ••f 1 AI 1 ••1 1 •A• t f.f / Ir / IN 1 Nr / A• 1 •�• 1 w.a 1 N•1 • ••.a / •� • •.• t 1•d • • •.• 1 MJ 1 1••- 1.• I..tJ..l .Y 1--J.a 1 • 1 ! 1 • 1 11 / Y • • 1 M • • / 1� J..J.J 1 •.) 1 fr 1_ MI .1_ •••-L-.J�.J-Y.f A •.f • Ia••• 1 tAa / Y•• 1 me t �- • •••r / ow • aN 1 • 1.1 1 I.J 1 1.1 1 ►.• • •r 1 IN / lr / IN • +1'»�'•'•/•��--1 a»�•Na•v�•••N.+•••7L�ittL'�'-'t17!!7'•!1.�� 1 • 1 • / • 1 1 1 • • • 1 • 1 • / • 1 A• 1 A• 1 A• 1 =.a / •r f ••f / •r t •N • .• /..•.• 1 9• 1 ••1.J-. ar 1-.J4• •�r-i-Il.a_•r •�.� t Aa / r• 1 A• 1 aN • ar / •r / •� • •N • -• •�.��a•�•M / 1.1 ••a ••• •r /r f.• •+1. i• •rr �4 In response to a question asking appraisers to rate the impact of a number of different commercial uses at the same location on residential properties within one block, the majority felt that a medical office or a branch library would have a favorable im- pact while a welfare office or drug rehabilitation center would have an undesi reable impact. The majority felt that a store-front church, pool hall , neighborhood tavern, record store, ice cream parlor or a video-game parlor would not have much of an impact and were about equally split as to whether the effect of a disco would be neutral or negative. MSA SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lowe r Much Some Same Some Much IL Store-front church 4% 24$ 52% 20% 1% Pool ha ll 1% 12% 48% 33% 6% Welfare office 1% 13% 41% 37% 7% Neighborhood tavern - 17% 52% 25% 6% Record store 6% 29% .54% lo% - Medical office 20% 372 39% 4% - Drug rehab center - 6% 39% 40% 15% Ice cream parlor 14% 29% 52% 5% - Video-game parlor 1% 17% 51% 28% 3% Disco - 13% 44% 33% 10% Branch library 242 37% 34% 5% 1% 45 In response to the question about their evaluation of the impact of adult bookstores generally on surrounding property values, 21% of those expressing an opinion felt that there would be little or no impact with such a use. They principally based this opinion on their experience as appraisers (20%) and the observation that such uses usually located in areas that had already deteriorated (26%) . 47% of the survey felt that there is a substantial-to moderate impact. Their opinions were based on professional appraisal ex- perience (18%) , and the observations that: given current mores, an adult bookstore would discourage home buyers and customers (14%) ; the use precipitated decline and discouraged improvement (11%) ;and, it would attract "undesirables" to the neighborhood (29%) . The nature of this impact on property was contingent on a number of factors in the minds of 32% of the respondents. 13% felt that it depended on local attitudes and the adequacy of legal controls on their operation. Exterior factors such as signage and building facade quality were seen by 16% as the determinant. 30% felt the impact would be directly related to the values (both moni tary and human) prevalent in the neighborhood. And 20% felt that the answer depended on whether or not the business was likely to at- tract other such businesses. 46 EFFECT OF ADULT BOOKESTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS Effect Little Substantial Contingent z 20 40 60 Miss 1 • •• Rt Ia1N•IJ• •a14. stet!" Nall '0ss •tall•- •rapt"01 M1f • Aft.R ir••I< •ft.at•• Isp•1•uY\SII•- at Kt 1 as •W&CA • Y Y •1L290 91 aatrl• j #1• .aaa.a. to fill t t 1 a l a .1 •. 1 a._l a l 1 1 •. 1 _ .!. 1 M t 11 ♦ 1• 1 •Nall 1»w...1.«�.-1...«.-«t-«.««Iw...«t 3.««w/ «I.«.w.t..f... 1 1 • 1 a 1 a / 1 1 • / 1 / ,1 1 J / • / ) / a 1 _»• 1 I 1111K• r lart;l /_ ••f. 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X c vl t! :::: ii•� ,iii!•! i�:� •••i i•i. �_.= iii _1%l i N OCUP t :•:::- l �iii! �iil iii! iii! i:il�:!!!•iiii•i 0 0VO C fp CM Uj •! i !! !! •! !! !uj !! -•t'•t•• '•• i J -;••••4••� I I-•11 C 1 �t• •1• t i j l _ • •tttL•lttl••t! •tttl•!!!1•!t! `1tt •ttlf•ttti'! .............. 91 u 50 SUMMARY OF FINDINGS The great majority of appraisers (75%) who responded to the national survey of certified real estate appraisers felt that an adult book- store located within one block would have a negative effect on the value of both residential (80%) and commercial (72%) properties. 50% of these respondents foresaw an immediate depreciation in excess of 10%. At a distance of three blocks , the great majority of respondents (71%) felt that the impact was negligible on both residential (64%) and commercial (77%) properties. Even so, it would appear that this residual effect of such a use was greater for residential than for commercial premises. In answer to a survey question regarding the impact of an adult book- store on property values generally, 50% felt that there would be a substantial-to-moderate negative impact, 30% saw little of no im- pact, and 20% saw the effect as being dependent on factors such as the predominant values (property and social) existing in the neigh- borhood, the development standards imposed on the use, and the abil- ity of an existing commercial node to buffer the impact from other uses. The results of the 20% national sample and the 100% survey of Metro- politan Statistical Areas were virtually identical . The one signi- ficant variation that did occur was in the response to the question asked as to the effect of adult bookstores on property values gener- ally. Respondents in the MSA survey placed more emphasis (32% versus 20%) on conditional factors at the site. 51 FOOTNOTES 1. Metropolitan Statistical Areas (MSAs) surveyed at 100% were chosen on the basis of having a one to two million population at the time of the 1980 U. S. Census . They were: Phoenix, Arizona; Sacramento, San Diego and San Jose, California; Denver/Boulder, Colorado; Hartford, Connecticut; Fort Lauder- dale, Miami and Tampa, Florida; Indianapolis, Indiana; New Orleans, Louisiana; Kansas City, Missouri ; Newark, New Jersey; Buffalo, New York; Cincinnati , Cleveland and Columbus, Ohio; Portland, Oregon; San Antonio, Texas ; Seattle, Washington ; and Milwaukee, Wisconsin. Although slightly outside the population parameters for this selection, Louisville, Kentucky and Atlanta, Georgia were also included. 2. Regional designations used were those .employed by the U. S. Bureau of the Census for the 1980 Census. The data were processed and crosstabulations performed using the Statistical Package for the Social Sciences. 3. The discrepency between the number of survey responses and the number of responses to the question in this and subsequent tab- les is the result of some respondents having omitted answers to questions 6 and 7 of the survey. 52 f APPENDIX I Area Maps NOTE For the purpose of this study , the maps included in this Ap- pendix categorize existing land uses within the Study and Con- trol Areas as having a Resi - dential or a District Commer- cial Character. All dwelling district , neighbor- hood-related commercial and spe- cial use zoning classifications are designated as being of "Res- idential Character". More intense commercial uses, industrial uses and district- related special uses are consi - dered to have a "District Com- mercial Character". f ' r r RT-Tup BLOW /it•t1 [►ifh Ry!- , ZT36 El lra f.7it , smur Yif � ls►.i■ !RE ns�r YIN - tfCAft eresrr ampen � s7;f•Sll1 NEISAW cr®� faS• CF �= 1717 E7CC E� !�f im am ptle � xag%ol asp WA-P.. �.�+� frirf rwYlt silty a —0 ffZra o.i� w arm :!•L nx= �'�t [G�r••cc�� ACM War" s:V 2M.M� �s� was tort •1►it7 LYT1J SOPS! FW tQr� WL r.f fart/ �UXM 1-® f!7C ri.=1J im Tz1zW 'A ��f1a Rt�rt�7 'iCt7U ft:Z —1 rH7 Rlaf asT7 RiT�) f�is :[• I['C3! r�r0 ftl71 O3tA WELIN w■Zf AL'mimm .127 Q .�■•s• ff� a�1LL:1'J N&MA f►srs RPCN U&NO fct>♦ }a 11111011% fKy 11Lf! X2A e7 EXAM Y� 1►W1 r31 is ■ ta,fsar {�� rEv� sum palm a Rua, r8� •c� r.:aJ r f 0 own: f ► Russ sumi 1 MCDt � M�ai Lis f►H1 SQL Q'Sl �� fsst s a:� uTt� � ur R� f� e �' wallow 11111� _ �� r;�'!�� 6��s'■ 1 � {s�L.Oren NOWNOWN op � �� t"66tl!��>��77r}}77] I� QJt�'IXUR !1' ,►.IZ>II IMt ea tRs•■ �_ •/Zi fi1Ti tTa UP tr7-1lT /�Z;•rk-LIN ///t�►��RiY}}}f ��, t V�lLI taFf.t7 r fE3! _� tf4Zf 1 f ON A 6i}f �� i� S . Yam• TLT W" fi �r �ir7 n�r� 1/M�I�7I[frW� fr1: �� fi f1il QP� iC7r �'C� sfi Cf 1 M s 7 7110111� f� �Ri Sri. �2f'� N �� • ► •u►aI •awf tt ■nu tn►a� ��ft•ltl -JL •H olt.arm GW rf1 log WN I� _� ft� ■r-C•v rssl! WEEP�t 1:Tlfr 411=3WX . rl FF CRrlut 1, t1J . :SL �1f C.�fRS ►H7�1� WINfi t11 �v �►[♦�t��\�15 fRL>• ffi f(Aa rL�` ar �� rYftsi[� rt� 1'LSIISf RfC IIL�tii c �fa WE ciiti Ct t�rL•1L acres wrr=� tCT�atLcts 1:2T, grow fft ft t_ • ��' ' �z ■ ` L[m rY S QS1 UUTM K7 = !ram `1 '•![cLkiJ1 T.M tIZ11 f7i11111.110 TrUll i tIL-a f� tat•rlia Zls ltL•1 [Y►a rrTl t�rTPfT0 1CZt� S �i r� '}� .El. off TM cm [�[TT7 a�10E -l W-W Stl m �T= ■ sue, •� rfci •(is C7rE I-M[Rt UrvT i# r)ST7I■ -tmPsp f[A/a fr7[1 �Aa = 7e 1� E<• fi��[ Ens GARI'S7 f Itts frrrm fL[u i E't'� r Y E[\1fa. �� rTL swit (C'1 Lr" l(1ilt</Ff .fie rt aR vCA� [L]A=wi• V7 ff ETCH.� FZtf(ZDI [CL7I t p�T�'Ta � fi ttttttt. �_ aa. tlTs rr_ [S WON � RLiL ']rCt i. = fi fi .t• s 3i lm rzc E'!S7-I&M lonvoon ST1R LW13M I = fff[ t♦t♦ � =-Z7 Q— [R'�7J ffST1] <CFSa — f� f� fi f rL 1} CTT7 taw lY L•� � fli>I fZLa LSL7 ETRH wvli �t1 f { (1YEfLOT rta :[h i So•t ftT%slK� tl�;T♦R,. tf��, fE R31 rwxx STUDY AREA LAND USELis mr% (1�6LWf.. tnvoo MIX" VWoH lal® 114100 ' L)7M T [ ast10th St. Kbh FM tt�.i.f• 3155, f M 4 f" lid(rsn 2-1►Q► ra .of rtfi •u rWW — District rtf sWE /fLf rT 3` low —W(T:i w�am f Character .W. f Ar�� Adult Entertainment Site � c�•�� rZs■.r.r� 'Si� ■ •ti ifil cLL7 C:Ji LL7 • JrG L [7Y< t.ra •7 r 'tC7 MR wwr Fes FFFFF aw"ate arras' �„s, MUM "�*� Nice" aszrza �,r, wars aaaaa ��, � � a a�r:sa as:s,a wru WMEM ® t=!!s KTrAM WO7u �cz�3 �1�a a! f[YsI �� atsaa asss�s assrsa �� acts" W rzya ,�„ rrl�l ate„ sn KIM s� a asr:swan�� SUN wan w� a rKM asp aura s� aar aEt `M spa aria a sass's asss' a� sttn :� sera arms � aT>M aura antra assaa a� a� MEN" WTM atata! aszna iss:tt. a wMMMMFM manna, azstt MTN= srga s� aw>t tarn ataas ao szm a! rem �� S _ la r" — r_ss rrsra aa, ass>. ana' FF�1■ ate sssa>, srrzrs ert:sa atrna F�-Xm aaaa� acriss arras as:•a�t NQ atat as! Frrs� � ;rwQ>♦ tsars ssff� Rss�� sass,•MCMnr�i tt� a�st>t scssn arrrrn ErMWry" IIII I ' afs� aaa� II�I� IIIlS� milliENOR �tf tzrra a�� asp Ass Rf�! Sam at o slawtold, � M � wum NEZ" � !!=!1 ® -1 �i = � MrM Ra 1 1!!f I= M1 M iLlZ>I Rim its asLa, oMMMn" a_ c�a� a�L7i� a.� R� cif MW !� La rsre� aatat►. GkZT= � s c� � b � a� VIM nm asteiat s as! ` �� a�� 88 Elm" =! � � e,� � � �i spa � tatrva s i inwmmom, �ss� tip tt�a screw t=MP rw� taw rRtit t�T1 `wpmseta � a�es>t aa�sa aas�►i .mo t rM am on a! awrst s11i1• �sw� qMM a*+" a�� WP" as7�a a 'n AA m Q ® wp" P!�!! RE Rff RM M RSA Tom! ME In DY AREA a '� IDS MR F! MPM Rif !e Rom! Residential Character "In P" ME Mp MW District Commercialt+a �•, am a�a MW%I Now �. �. Adult Entertainment Site Mims OWN ® - � EW = _� ro zz dwnc a ww = :t f]P �p.� m. � ww w OMBw � Fm R sw �w w •� oa w�• NNEdim am rw ova \\F is � era sates Mr. rs� ONMUa 4ex �a� fsss csf= wrs wa• .rs3, esi an OMffin 4a+ A �sss ors t�wt sR• ..�. ••��s w■t efs 977"-w Rf! w" � s7•w PqQw •fM�f •w_i i ••nf•� w ..s, aerr e� ciSLi k� �� sks tRH vwmu q PM to�i v �� sues ".0 ww• w!� w�sf wua -•w iw wsa w�•o .ta rm � CM Qn rw:s wZ mri rs. q 1glf ef0 ra w s Sava w>• ai= •i , e n �f' ie ems' !� ' �s� aes• +� arzw m 9M rrr w p !w w� !� �i oe1 �w .ram tfFn .o Iwo nr i fs� !!A to s tit r�i NNW" �w gar•rs� was ... ram wA ^. Mf WT �s Mara �� ram=+ w .s iw q ►A A sa tga �� f t7T1 trss M7• � MAP � t �/S1 R•7 t7 W ro C ! SUN � !ff• St . ws a �" tim trra EIt sr w� w� EM ta. R&iM tit ew s ®® m � of 0 ® o� � f M: �� if sImm to• w s ra w � s Ew s own din= .�+ s s taw am now �,, ... am wasws� am o IIPM Iowa dwan •T� � f[rf trt'V•r>a R� Qa� ��1-RII I � .: • OWN STUDY AREA LAND USE �, r ��d ®d.® • d f� ■ fa.�I. 11111f>. rsa. �� O d VIM"CC= PI efful mm ■ f►f3A OttoWINES • � � � � � ICrZ1 O of f� d d • f[s17 f� sss• ® n m Mak" = w � � r>t a . f� ® 1:rs■ s>_ m Rm am assa • ORION@ nr• OLEO m fa. f• 1ni7 �� fnfor saaf 1lcssf ass+ sasMJ • f� 1f� lffffr, _� �� ■ �� slims f•sa 1f� • f� �+ slim. VIM r MINION � snsf inn ® � • _� �_ �_ � ■ �_ � �� lfeffo f6Te n m.ffv �� r run Isles ft ® =alai wallow assssl �i �B own fill, IMMUNE! as Ism mom 91 f• o •O, d rasS. RLT1 . . O �ff11 y s isri sal.f s.7 MM � o f� s1s1s• �o _� �_ sells d O!M 6F11 e_ also assess -► list, ® �f m m ■ fig •� RT1 4 O aQl IM Kr," f• fa ' f� _ t� NMI OQ7 fff� O d 'Mai 0113 ,KCBs /Gal ULIF IM) -A t• an, �� QTn RL1T � � � � �� •� ® .►sty frtn f• 1f1f� ■ �� s f� �� osssso C .�sr• fern�e ff� ■ �� nf� f1ff� ■ flfff• �� dSIMON .,"f1T FAwiTs MI R2Sf • d f® I11L7 f� f�� _ R2i �� ,■ 1flfflfl allows 10 e. I �■sum Z VIEW ®..��, MOM ",a WSLAP. �s�a ff�. ssci frrw ® ® oa. Z low was a osss, "us M bi M -NMLN- ... -r- MI STUDY wall HI t.r1r8 f1,f� 3535 West 16th St. .TWO off w1,. RLTf m ofr f�t3 f .f.Tl f• Residential � a �a � T EM-1 f� , ® Rfa f• f1, VZO District Commercial Character � K Ell, r.1 0 Adult Entertainment Site frt�f f� f i �c>t■ IIJA sm mac.t•BEE Em �=ram wry � c>esa E� 1 �►s1 � r � itS■ �>7 E1� _ sy■ w_ an■ awn ® WIVI flea MI O mum ®Now"s �� ® SUM 7 Fla Miss MUNN `M*99 monmo I%kv"4M own mum IL" OF ■ >>la■ �a �s ONKMBNORM >laa .ww sii �� i� 010110 it■ �, sr1 stl i� NFIN MIN KNOW Mssp C�f iF! ��it � :��.�♦�� Atf* INS s Irks IR9144100 . s // f� � � cc4r nati. �� ,I��• �/ wi ww .ramI wj u.1 IMINININw �. ir !tjowne IpE _. ��■ V STUDY AREA LAND USE 6116-6122 East Washington St. i �• O 1� 01 � .�. - Dui R^ DistrictResidential Character FS r M rM Jan— STUDY4441-4475 North • _District Commercial Residential Character I/ Character 0 . Adult Entertainment She IIIIIIIIIIIIIM CUD IIIIIIIIIM a r-y! M � t cum Map nos6Ti' emn MW 6M Aif1 ARZ'' CpI cma ep" �n yes sa osz+ S I � = =-1 Off• O�•C 7�� Cliff 7e = r� I i MR 141111 gill MIS= ' i//// •/ OF , FILM fill = =rIemww _ -- • II� RIIIIII ; - mmM - - Ewommm =qli € II I �111 -- ft= errs er wcr� .r,MUM 61MM MMMW IMM �. �� = �� s� same swam own doom= � = � � _ _ Mum dwrM tr1 Mum Mum WM ME • ME= xM O OWNI�Y11� �� -•� _ REM MIM ►C - !� loll ;W gill M IN W= m am __ic #' �� I11� 11111: = cDs _= M I craw eta?99 ■� emu _ _ —. cam gnu � _ sam•� sss� � � _ MAN rs� ssr•• _ IM• t_• BIE samam same L =ss� t Qom• �� _ 1MMO a 1-IM MEW d1k1V I/ •fn 'tes� era Ifri� lIf 'Q' 7� ■� rw� ■ems .rr. rsr�.�f M4 to � ti t• s� rse •sa f Rf � � � s� S '`•� � swam �_ s= sm, 47 Ma � � t, � t• � ME �7s _ �s� �� L ns� to r tra i ss = =W� MM ;s _ swam rssr, rsrs rrss .ram ma+� fi*l «7 �ri>f �Tf! TC`�. tam! fL R R1- swam fRTp /RU wr0 Rii i r9" mn ma CONTROL 'S' '�151 ss■ M'ifl swam - on" SM ResMential Character ME"MM District Commercial Character Control Area Controid - - - � � ' s - - : _ s i .� a �•a.oar• as o• 1011111110 GEOM = s� wsa Mao sum _. OUNIN zrz sawn gem �o ww w wqw � or"s !ff Irsma mwm 01" nrr%o Mims Ma Ms.n .sn s� �siN /sue �r a ffzsiN Vs. .' a Gomm..a. Mr. � irs• .wE � A �► ss �• sss>t ss>, � w •aarrf ors .moo �. •w 9 .� scrim ssw s� o• L r wus ® s •� NORMas .�sn d Mrs sr■GOVIN .slum 7 am al- g Now" e r sw s� .asc awe .�� ws —s Q,m NMI snm ssa�w• _�� n �tle0 �awr, � .s .w wr' r nr OWN s WHIRMo 1M►can. csi MUEW wows wvs baFr, 0 assNE Nunn s w_wwsM INNER Tim EnLot � ' .= � iai Ian■I �E �I � -- �3=� �V .usesWPM L M' lawn _ : m ,cry @em r s WAVM r21 _� 4!i a mmum sw 1� n sss cm are c"w'' .vim• Rai. ms pa o�aws x w tsa i0 ti" aVss [RR _� �� _� sM LM !w J� m W Z_ fssi sws ■�� r� s� sw ww eyes m �m s w wM r � .aw �� w ss� �w u ��I�! � si esss v. n' Msa, .znc>• �� • �• ssss �� s� �rwws7 �_� �� ■ �� :CVAEL �mi �L7s R � to W rAM - _tea Q1 ® LAX,0 N �� tom. [RO�7 airj 17�,= aY� • .ram. .7[!m _� � frls its �'a>t Q� w. _ t Nzwom s.as s:aw •..rs• .�,., v .aM �� sus �.� ss s"n �"' U� ss, -win awns �� _� _� r ....I cam ar • moot, �s Y _� �� s moot, ww s.�s •w sss �. WENE sss s•ea �r sw = FPM i ss Tim. �CONTR AREA LAND USE • rC • Now 7sr►t 2300 • _ �%sor .its ..r •mow o 7�OA •item _ oftw ww asp' .•� Residential Charactw _ I .�. ..•. _ w fast amt ruzz District Commercial .ors' s•w `e`" srss .R AT, Y for g Character R� KLl teat tali t� �� croak,v[• +eR' HLw ADULT E4TEPTAINMENT BUSINESS STUDY .. ELLENBERGER PARK j TT I N Ipi II I � in IM q V � � r M:sjp TAM lyl � �w s s" • )y M••rw".w.1O Y`ti • ?p� \ h qq 42C w><i n• '� 3, Qe + + was i'� 0 !A • _f_— e iPN,w:� •. itNMM V0 ; • 11 �•• 11 t '1. }v �-•_- •- it i�J�ia iJL `•° C! 1f him _ 1 a 3� , , C • lay ,1 Z�. "w = i ! wk%& 7ba ns 'i 3w i Cy Q �• 1S- 1r 1 L• }• - v 72- 1 71 - _- RUN i/ f 3 WASmiNGrOM S s , w M M r•w w • 4 w, .: •• � +mow � � � L �_ �, „ •• N N 1 M C;; t •' • �'� 7t ' �_ 1 ft •f M ` » �� • V N ••f w .d� 110 2 J' .• �•'a 1 1 �� 104 its Its l ' O i , "�• Sao S IN133 EA LA � ♦ ly • „• CONTROL AREA LAND USE :ial C.'I 1 5420 East Washington St. 3,,omm�r Residential Character 4 : e �t�!rtair�- District� � A " " �•� Commercial Character '' - ._+ '' - �,� • Control Area Centroid • I_ IX arm 0a 'fr.r @vowt awo m.R t�psT>t aaw Rf► ram Ra coats psJl •s, S a0 SPUN � tO tw son us,r� SPUN �o aras psw• s� � SPY sarw �a� = M an I asa aiw s� cops M s, _ r�� sra ray � ww" a r qM �� allows A�Oa \w� way•Q7 MIN M Bic" em .Qr cz a!taco (�i wra OWSA a� 9M CM ;M swim w.iN MB 9M pips oown wn i� MONIFF o 'w' /r+�w owno� ■vm ww + � PM wM wa r®w 4M em to w.. own ,r"srs.rw was ass sra� ari w ar az� arf cow gM coops .rso sa. SPIMA r� .•� .ro aef er .a a � a .rn 4s a� so � mow, Mom = s a ��ief rem' ar„ m. ai, �s ,v, �s = w. s cops: w IM en sssl Mom. .•aw aQaa wry mmm rrw ..e. .rs rr:a .w an IM wsa sro r"M go" Sam as` Mr Yf loom avr7 7!►7 qp1p rw� raw Rat lira r1� 0094FIN FM s7� �M as s mos sto rw Fis era MA aio FM srs ran www PUM e o 7' ssls nra ice} rM Ltj .s mL 'MM sus ry ANK111 a w,w arsr at. � Pon srn —PRO � ram �r ss— ssa = or.v Can Asa■ oo .� oQ. asp w..� rsa QM WIN crr sra m own corps MwvM as upsm roves Ifflows ipm rin"d �� .as fteft WLAI Wool t• aw. roc rra iw cots ^' w� 'w O �Eza!rs va cow 4s aSasm a vss. Slow.0 1r1�va w_� r" _� o� / WM as ila S" / wF7 Qi rb [ti M tY7 � � rsos"Pr / 11MV111 �_A RU M�S awn CM am owsM rpm Or♦ rM 4 ps�MIN mow♦ M-M Orin t[IM !T I IrLI m � own Ql en— NNW • v / WOMEN �A -sa's, as rum I was gym arm � ass allow M111 rasa• man WINEDERMINES man WILM ,'� „IIof iT� Nam// ,f ♦ % I OF _ sou) soup J R� WA SHING TON HIGH SCMOOL� M. OO aa+ eis 's�on os� ems. � acw rf7• �a�� tow. at, 30 r_ Svc ES CONTROL AREA LAND USE . . . West Washington St. �iii District ADULT ENTERTAINMENT BUSINESS STUDY e i Q�r ► E N P /l►—iR K. /307 ----- o Jf \�� rT. L LA j p T heI:r t2c2 I:el y33 '%&21 if 1221 ,. dr�ItE3�lr 1� I130 i, :, i ltf. I• 1 ..,� P r lose ,to • j S 6 4 14AW • I,v4 140 . t a � WIMP CONTROL AREA LAND USE EASTGATIE _is 750'North Shadeland Ave. I i 6t . SN10 D PINIG :av (� Residential Character I I I ®. District Commercial CIE T E RI Character 1 I — i I --- • Control Area Centroid I-XI owl ' - �!!��! IIE It IN in II MWERR 'WEE •� pi"/�� i �r mz -Z WIN MMMMO Nam gur"M � / , Nam fm ..�. � . W;. tom �� kim a own ow o • CONTROL 5200 North Keystone Ave. Residential Character Character �� District Commercial Control Area C*ntroid APPENDIX II Appraiser Survey ,, . .�. `rr r • • i �vCt,j'y E.6.: �� CITY OF INDIANAPOLIS WILLWN M. HUDNUT."I MAYOR .i DAVID E.CARLEY DEPARTMENT OF METROPOLITAN DEVELOPMENT On1EROn January 20, 1984 Dear MA 1 Member: The City of Indianapolis, Indiana is currently in the process of preparing a new local ordinance that will regulate the location of adult entertainment businesses in relation to residential neighborhoods in our community. In an effort to provide a basis for the proposed legislation that is equitable and legally defensible, 1 would like to ask • your help in establishing a "best professional 11 matter. As a real estate professional, the opinion" on the P opionions you share with us on the enclosed survey forma would be very valuable to us in the development of a positive legislative approach to this difficult local issue. Thank you very much for your assistance. Sincere v Carley cc. L. Carroll 41 1 t-1 1 •90 CITY• COUNTY • UIL01100 • INOIANAPOLIS . INOIANA 4 $204 • (317) 279•4141 INDIANA UNIVERSITY SCHOOL OF BUSINESS 51(vrnington/Indianapolis 101h and Fee Lane ' Bloomington, Indiana 47405 Division of Research TO: Professional Real Estate Appraisers FROM: Indiana University, School of Business, Division of Research Please help us in this brief national survey. The information provided will help clarify an important question. Read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgment. A middle income residential neighborhood borders a slain street that contains various commercial activities serving the neighborhood. There is a building that was recently vacated by a hardware store and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the neighborhood. Please indicate your answers to questions 1 through 4 in the blanks.-provided, using the scale A through G. • SCALE: A Decrease 202 or more B Decrease more than 102 but less than 202 C Decrease from 0 to lOZ D No change in value E Increase from 0 to 102 F Increase sore than 102 but less than 202 G Increase 20Z or score 1) How would you expect the average values of the RESIDENTIAL property within one block of the bookstore to be affected? 2) How would you expect the average values of the COMME3LCIAL property within one block of the adult bookstore to be affected? 3) How would you expect the average values of RESIDENTIAL property located three blocks from the bookstore to be affected? 4) How would you expect the average values of the COMMERCIAL property three, blocks from the adult bookstore to be affected? ovir — II. II , } ' 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the o average value of residential property within one block of the new business be... A such higher B somewhat higher than if an C about the same adult bookstore D somewhat lower occupied the site. E much lower In the space provided, write the appropriate letter for each.potential use. Store-front church Drug rehabilitation center Pool hall Ice cream parlor Welfare office Video-game parlor Neighborhood tavern Disco Record store Branch library Medical office 6) In general, to what degree do you feel adult bookstores affect property values? 7) Why do you feel this way? 8) Where do you practice? City State Your nano (If you prefer not to give your name, please check here ) c Thank you for your cooperation. Please return this questionnaire in the postage paid envelope provided for your convenience. r II- I11 i s APPENDIX III Land Use Control of Adult Entertainment J v T jC) APPENDIX III LAND USE CONTROL OF ADULT ENTERTAINMENT LEGAL BASIS Zoning has traditionally been defined as a process by which a municipality legally controls the use which may be made of pro- perty and the physical configuration of development upon tracts of land within its jurisdiction. This is accomplished by means of zoning ordinances which are locally adopted to divide the land into different districts permitting only certain uses within each district for the protection of public safety, welfare, health and morality. l Zoning regulations not only regulate the use to which buildings or property may be put within designated districts, but also the purpose or object of the use beyond the mere conditions or cir- cumstances of the use.2 In a 1920 landmark decision, the New York Court of Appeals up- held New York City's comprehensive zoning legislation,3 and re- affirmed this legislation as a proper exercise of the city's po 1 i ce powers.. L In 1926 the practice of comprehensive zoning received substan- tial support when the United States Department of Commerce pro- mulgated the Standard State Zoning Enabling Act. This Act be- came the model For most of the early zoning enabling legisla- tion in the country. While the courts have reaffirmed that municipalities are proper- ly exercising their po 1 i ce powers through zoning regulation, it is generally held that they have no inherent power to zone ex- cept (as is the case with the police power itself) as such power is delegated to them by the state legislature through statutory enactment. The right of state legislatures to delegate compre- hensive zoning power to municipalities, on the other hand, is uniformly recognized by the courts.4 Because municipalities in the state had to be enabled to exercise zoning powers within their jurisdictions, the Indiana State Legislature, by means of enabling legislation, delegated this power to l oca 1 units of government. Control of the use of private land inevJt ably raised a number of constitutional questjons. In the landmark 1926 case of Euclid v. Ambler Realty Co.bo, the United States Supreme Court upheld the City of Euclid, Ohio's municipal zoning ordinance which had been claimed to involve an unconstitutional deprivation of property `y by deciding that comprehensive zoning ordinances are a proper I11-1 exercise of the police power and do not constitute an unconstitution- al deprivation of property. This position was reaffirmed by the Supreme Court of the United States in 1927.7 Thus , the general legality of zoning is established beyond doubt. Subsequent decisions by this court ttSS established that such ordin- ances, however, could be unconstitutional when applied to a par- ticular property. This established the basis for the system under which the City of Indianapolis current)y operates where each var- iance or rezoning request is decided on its own merits. THE PUBLIC WELFARE The police power authorizes a government to adopt and enforce all laws necessary to protect and further the public health, safety, morals and general welfare of its citizens.9 Limitations on the exercise of zoning power are essentially the same as those restricting. the police power under the U. S. Consti- tution, i . e. , they must be reasonable and guarantee due process and equal protection. It may not be exercised in an unreasonable, oppressive, arbitrary or discriminatory way. Zoning laws, then, must have a real , substantive relation to the legitimate govern- mental objective of the protection and furtherance of the public health, safety, morals and general welfare of citizens. 1 The public welfare, in these contexts, means the stabilization of propert values, promotion of desirable home surroundings, and happiness,10 and embraces the orderliness of community growth, land value and aesthetic objectives'll and is reasonably design- ed to further the advancement of a community as a social , econom- ic and political unity.12 CONTROL OF ADULT ENTERTAINMENT13 Reacting to the increased availability of pornography in the United States and attendant pressures at the community level for its con- trol , a number of municipal governments have addressed the pro- liferation of adult entertainment businesses through, among var- ious methods, land use controls. The validity of such an approach was upheld in 1976 i o the l andma rk decision Young vv.. Ame ri can Mini Theatres , Inc.14 in which the Court uphe d-i—a Detroit zoning ordinance which prohibited more than two adult movie theaters or other sexually-orientated enterprises from locating within 1000 feet of one another or certain other designated businesses. Against III-II attacks grounded in the First and Fourteenth Amendments to the Constitution of the United States, the Court sustained the ordin- ance on the dual bases that: I. The ordinance was a reasonable response to demonstrat- ed adverse land-use and property value effects asso- ciated with sexually-oriented enterprises; and 2. the ordinance silenced no message or expression but merely placed geographic restrictions upon where such expression could occur. While an exhaustive analysis of the Youngr decision is beyond the scope of this discussion, the following generalized principles may be gleaned from the plurality, concurring and dissenting opinions of the Justices. First, hostility to constitutionally protected speech is an impermissible motive. The more apparent and rational the relationship of the adult use restrictions to recognized zoning objectives, such as the preservation of neigh- borhoods and the grouping of compatible uses, the greater the likelihood that the restrictions will be upheld. Second, even a properly motivated ordinance will be invalidated if it unduly burdens first amendment rights. For example, an ordinance imposing locational restrictions that are so severe 1 as to result in an inability to accommodate -the present or anti- cipated number of adult businesses in a municipality will cer- tainly be struck down. The Young court repeatedly moored its de- cision upholding the Detroit ordinance upon the finding that numerous sites complying with the zoning requirements were a- vailable to adult businesses and that the market for sexually - explicit fare, viewed as an entity, was therefore "essentially unrestrained". Third, ordinances which are so vague in wording and definitions that a non-pornographic entrepreneur is unclear whether he falls within its proscriptions may be violative of due process. A vague ordinance may operate to hinder free speech through use of language so uncertain or generalized as to allow the inclusion of protected speech within its prohibitions or leave an individual or law enforcement officers with no specific guidance as to the nature of the acts subject to punishment. Finally, an ordinance which authorizes the exercise of broad discretionary power by administrative officials to determine which adult business will be allowed to operate, especially if the exercise of such discretion is not grounded on objective, ascertainable criteria, will probably be disapproved as contrary to the precept that, in the First Amendment area, "government may regulate only with narrow specificity". t 111-III AWOL Any community, then, which would employ its zoning power to regulate adult uses within its jurisdiction must be particularly concerned that the adoptive ordinance be demonstrably motivated by and found- ed on sound land use principles , it allow reasonable accommodation for such uses within its jurisdiction , and that it clearly define both the nature and regulations of the use in order to avoid, to the extent possible, the need for subjective interpretation of each proposed use. The Young decision has encouraged a great amount of experimentation on the part of municipalities in an effort to prevent deterioration of their commercial districts and adverse impact upon adjacent areas. The effectiveness of these innovations will be determined by time and the legal tests to which they will be subject as this business segment establishes itself. For the time being, however, this decision encourages an approach in which localities have tended to control the siting of adult en- tertainment businesses on the basis of land use. I f III-IV FOOTNOTES I . Cf Smi th Y. Col I i son , 119 Cap App 180. 6 P2d (1931) ; Devaney V. 8d. of Zoning Aooea s , 132 Conn. 537, 45 Ad2 828 (194 ou Ouse v. 8d. of Zonina Adiustment, 147 Me 387, 87 Ad2 670 (1952) . 2. Cf American Sian Co. V. Fowler, 276 SW2d 651 (Ky '1955) . 3• Cf Lincoln Trust Co. v Williams 81da Coro. , 229 NY 313, 128 NE 209 (1920) . 4. Jonas v. Fleming Town Bd. b Zoning Bd. of Appeals, 51 Ad2d 473, 382 NYS 2d 394 (4th Dept 1976) . 5. I .C. 36-7-4. 6. Euclid v. Ambler Realty Co. ; 272 U.S. 365, 47 S Ct 114, 71 L Ed 303 192 . 7. Cf Zahn v. Bd. of Pub. Works, 274 U.S. 325, 47 S Ct 574, 71 L Ed 107 1927 ; and Garieb v. Fox, 274 U.S. 603, 47 S. Ct. 675, 71 L Ed 1228 (1927) . 8. Cf Sup. Ct. in Nectow v. Cambridg e, (U.S. 183, 48 S. Ct. 447, 72 L Ed 842 (1928) . 9. Cf Scrutton v. County of Sacramento, 275, Cal App 2nd, 79 Cal Rptr 872 19 9 ; Troiano v. oning Comm'n of Town of No. Bran- ford, 155 Conn 26 , 231 A2d 53 19 7 ; and, Trust—Co o Chicago v. City of Chicago, 408 111 91 , 96 NE 2nd 499 1951 . 10-Cf State v. Bessent, 27 Wisc. 2d 537, 135 NW 2d 317 (1965) . 11. 1bid. , and J.D. Construction Co. v. Bd. of Ad'. , 119 NJ Super 140, 290 A2d 452 1972 12. Ibid. , and Fischer v. Bedminster Twp. , 11 NJ 194, 93 A2d 378 (1952) . 13.For a more complete discussion of this subject, see Mathew Bender, Book V, Chapter III , Sections 11 .01 ,11 .02 and 11 .03. 14.Cf 421 US 50, 96 S Ct 2440, 49 L Ed 2d 310, reh denied 97 S Ct 191 (1976) , rev'd 518 F2d 1014 (6th Cir 1975) . I I r-V FOOTNOTES 1 . Cf Smith v. Col Iison , 119 Cap App 180, 6 P2d (1931) ; Devaney v. Bd. of Zoninq Aooea s, 132 Conn. 537, 45 Ad2 828 (194 ou ouse v. Bd. of Zoning Adiustment, 147 Me 387, 87 Ad2 670 (1952) . 2. Cf American Sign Co. V. Fowler, 276 SW2d 651 (Ky '1955) • . 3. Cf Lincoln Trust Co. v. Williams Bldg. Coro. , 229 NY 313, 128 NE 209 (1920) . 4. Jonas v. Fleming Town Bd. S Zoning Bd, of Appeals, 51 Ad2d 473, 382 NYS 2d 394 (4th Dep't 1976) . 5. I .C. 36-7-4. 6. Euclid v. Ambler Realty Co. , 272 U.S. 365, 47 S Ct 114, 71 L Ed 303 (1926) . 7. Cf Zahn v. Bd. of Pub. Works , 274 U.S. 325, 47 S Ct 574, 71 L Ed 107 1927 ; and Garieb v. Fox, 274 U.S. 603, 47 S. Ct. 675, 71 L Ed 1228 (1927) . 8. Cf Sup. Ct. in Nectow v. Cambridge (U.S. 183, 48 S. Ct. 447, 72 L Ed 842 (1928) . 9. Cf Scrutton v. County of Sacramento, 275, Cal App 2nd, 79 Cal Rptr 872 19 9 ; Troiano v, oning Comm'n of Town of No. Bran- ford, 155 Conn 265, 231 A2d 536 (1967) ; and, Trust Co o Chica o v. City of Chicago, 408 111 91 , 96 NE 2nd 499 (1951) . 10.Cf State v. Bessent, 27 Wisc. 2d 537, 135 NW 2d 317 (1965) . 11. Ibid. , and J.O. Construction Co. v. Bd. of Adj. , 119 NJ Super 140, 290 A2d 452 (1972). 12. Ibid. , and Fischer v. Bedminster Twp. , 11 NJ 194, 93 A2d 378 (1952) . 13.For a more complete discussion of this subject, see Mathew Sender, Book V, Chapter III , Sections 11 .01 ,11.02 and 11 .03. 14.Cf 421 US 50, 96 S Ct 2440, 49 L Ed 2d 310, reh denied 97 S Ct 191 (1976) , rev'd 518 F2d 1014 (6th Ci r 1975) . s �. IIr-V r , ♦,r� IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION PHYLLIS WOODALL, & JEANNIE COUTTA, d/b/a/THE NAKED HAREM; ALMA RUIZ, SOLEDAD AGUAYO, JOHN LUCIANO, WHANPEN DUBOIS, CHRISTINA JAMES & ELENA ANNA BROWN, employees of PHYLLIS WOODALL & JEANNIE COUTTA; LOUISE COMPTON, KEN COMPTON, d/b/a TRIXX ADULT THEATRE; JEDJO, INC., SMD ENTERPRISES, INC., d/b/a THE LAMPLIGHTER & RED FLAME, MARC DIEDRICH, President, BRUCE SEIKO Manager; HIROYOSHI IWABUCHI & wife LUZ IWABUCHI, HENRY IWABUCHI, ESTELA RODRIGUEZ d/b/a LATIN PALACE & CABARET; ENRIQUE VILLANUEVA, WILLIE CENICEROS, d/b/a SWINGER'S CINEMA, Plaintiffs, vs. NO. EP-88-CA-127 THE CITY OF EL PASO, TEXAS, the Mayor, JONATHAN ROGERS; each City Representative, SUZIE AZAR, JIMMY GOLDMAN, TONY PONCE, JETHRO HILLS, ED ELSEY, ROBERT CANDELARIA, the City Attorney, DAVID CAYLOR, the City Prosecutor, HERB FLEMMING, the Chief of Police of the City of El Paso, Texas, JOHN SCAGNO; the Chief Administrator of the Zoning Office Department of the City of El Paso. Tx., R.A. PROVENCIO, and head of vice squad, LUIS BARBA, Defendants. C'�-il,c J J i "My name is Carole Hunter. I am the City Clerk for the City of El Paso. I herehv ce:tifv under seal, that PATRICIA D. GARCI A is the 'custodian of records for the Department of Plannina, Research and Development of the City of El Paso with respect to the studies that were prepared at the request of the City of El Paso re,gardin; the effect of adult entertainment businesses on neighborhoods, and that her signature as shown above, is ,genuine. CARULJ-- HUNTER _ SWORN AND SUBSCRIBED TO before me, the undersigned authority, this day of September, 1989. NOTARY PUBLIC STATE OF TEXAS HEAMEUHQ,1 CNAVARfiL" J:005 t ��i'/1�17 ' Pubft In Lit fade swa ct Toss S " Mr eg"M STATE OF TEXAS COUNTY OF EL PASO AFFIDAVIT Before me the undersigned authority on this day personally appeared PATRICIA D. GARCIA and CAROLE HUI`1TER, who after being deposed, upon oath stated as follows: My name is Patricia D. Garcia. My title with the Department of Planning, �, Research and Development for the City of EI Paso is that of Current Planning . Coordinator. I hereby certify that the attached documcnts are true and correct copies of a studv prepared by the Center for Social Research at New Mexico State University, dated August 1986. entitled: "Report of the Study of Perceived Neighborhood Problems", and a study prepared by the Department of Planning, Research & Development of the City of EI Paso entitled: "Effects of Adult Entertainment Businesses on Residential Neighborhoods" dated September 26, 1986. "I hereby further certify that I am the custodian of said documents for the Department of Planning, Research & Development of the City of EI Paso. I further certify that said documents were prepared at the request of the City of EI Paso in anticipation of the enactment of an amendment to the zoning ordinances regulating certain adult entertainment establishments. I further certify that they were prepared by persons with personal knowledge of the contents contained therein." Pt-7 A^' A A A SWORN AND SUBSCRIBED TO before me, the undersigned authority, this _ day of September, 1989. N C�,,'kcvj ai I/ -c,c--- N AR Y P LI STATE OF TEXAS all HE-Ru r1AVARRIAEUHOA C.. .1atay P_Tacarw icr the S� of 7m= Av =rnL&V= -nuaN 4 s t S • r 1:17F.M OF ADULT EN RTAINMM BUSINESSES Prepared for 'III OFFICE OF 'III CITY ATIMEY By Tm DE pARnmgr OF pLAmnu, PmEAPai D September 26, 1986 OF Fi JONATHAN ROGERS � ;cy MAYOR Irk..Y. j C, KENNETH E BEASLEY CITY COUNCIL CHIEF AOMINISTAATIVE OFFICER �� JIMMY GCLDMAN OISTAICT NO.t SUZANNE S.A AR OISTRICT NO.2 ORLANDO F:L FONSECA OISTRICi NO.3 PATRICK S.HAGGERTY OISTRICT No.a September 26, 1986 ED ELSEY OISTAICZ No.S ALICIA R.CHACON DISTRICT No.6 Office of the City Attorney; Submitted here,;ith. is the reps— on Effects of Adult Fnte t Businesses on Residential Neisilborizoods. Zhe study was tm to- ermine pot --n-ai negative Impacts Createe by ac:lt mterta=mmit businesses to the laid use characteristics of the area in wni Z they are located. Additionally, the Study examned the perceived social erects and the incidence of crime to show the deviation between study areas haying adult mte--=z ment businesses and control areas which do not. The analyses show that adult entertainment businesses are an obviot variable in the negative impacts in each instance of campari.son. Based the ` gs, the Deparnt of Planning, Research and Development recoamends that adult entertai=xmt businesses be regulated insofar as provisions, concentration' LCensing, signage and other such applicable DEPAR OC OF RAINY=, MEARM AMID DEVELPMW `Testor A. Valencia, A..I.C.P. Director ?a=:Lc:a D. Garcia Corr e*ut Plan,;ng Coordinator T-aud Develor amt Division L' 'nso, Jena J�ic ��terrzat�oRa� C�rc i T� L OF CuNr-----TIS ?aee INTRDDUCTICN . . . . . . . . . . 1 LEGAL BASIS FOR LAND USE COMM . . . . . . . . . . 2 STUDY FORMAT Method Used . . . . . . . . . 4 De_f-ning Boundaries . . . . . . . . . . 5 :AM USE TICS FCR STUDY SIZE IACATIONS Dem=aDnics . . . . . . . . . . 7 Character of Areas . . . . . . . . . . 8 Real Estate Itmact . . . . . . . . . . 14 SOCI?1 EFF_= ON NEIaSCP=S Survey Cbjectives . . . . . . . . . . 16 Survey Format . . . . . . . . . . 17 Survey Results . . . . . . . . . . 18 C= INCIDENCE . . . . . . . . . . 19 FUMnK.S, (XtCTUSICEqS AND RE ONS . . . . . . . 25 APIRMIX . . . . . . . . . . 29-38 BIBL.IOC RAPSY . . . . . . . . . . 39 LLB i CF TABLES ?a'P TABLE 1, Percentaze of Land Use . . . . . . . 7 TABLE 2, Poaulation L"-aracteristics . . . . . . . 8 TABLE 3, Percent Chemise in Zoning Classification . . . . . 13 'TABLE 4, Crimes and Offenses . . . . . . . 21 TABLE 5, Service Calls . . . . . . . 23 TABLE 6, Ratio of Crime . . . . . . . 24 ii LIST OF r_C,_=- ?ase FIMME 1, Axi It Entertainnent Business Locations - Cit7wi.de . . . . . . 6 FIGURE 2, Studv/Control Area Cne - A.dul.t Ente--t'aiTm t Business Locations . . . . . . . 9 •FIGL'RE 3, Studv/Control Area Two - Adult EntertaiTmmt Business Locations . . . . . . . 10 FIGURE 4, Studv/Control Area Three - Adult Entertaiuzamt Business Locations . . . . . . . 11 FIGURE 5, Perce:it Distribution of Crime . . . . . . . 22 APP��LK Page APP%--\mLX I, Adult Entert.—, m' t Business Listins - Citywide . . . . . . . 29 APPIRMIIDIX II, Real Estate Codes . . . . . . . 30 APPELIDIX III, Laid Use - Studv Area One . . . . . . . 31 'APPMIDLX IV, Laid Use - Control Area One . . . . . . 32 APPr--,DIX V, Laid Use - Studv Area Ttm . . . . . . 33 APPIE-MIX VI, Lmd. Use - Control Area Ttm . . . . . . 34 A=— LK VII, Land Use - Studv Area Three . . . . . . 35 APP-1-12IDIX VIII, Land Use - Control Area Three . . . . . 36 APPERMIX IX, Real Estate Arwraisal Poll . . . . . . 37 APITIMIX X, Reoort of the Perceived Neishbarhmod Problems, New Mexico State Universit7, . August, 1986 . . . . . . . 38 '_v LiCi_ON During the vast -= Faso has e.-goe_rienced siQz-Lj ==.7 in the rtmner and var-_err as adult ente---La�nt businesses located wit-Li, its jurisdiction. As of .:trze =0.86, there 'amre approximately three (3) adult motion picture deatres, seven (7) adult motion picture theatres/bookstores and tasty-three (23) nude live enter airxoe*9t clubs. (See Appendix I) The proliferation of these businesses has resulted in =zwrous community requests for regulation by the City of El Paso. Conce in adult entertairmr-zt businesses is increasing nationwide as residents face wnat they have asserted to be an adverse physical;" social, and eccncmic impact on their c^m=i ty. Reasonable regulations are being used to contoi adult e:itertairmimt businesses proximity to residential area , churches, parks, schools, and other public facilities. Recent court cases conclude that the regulation of adult entertairmmr. businesses is important to protect property values and a c•o=_mi ty's quality of life. Zoning restrictions, when used to preserve the character of specific areas in the city, have perhaps been the most effective tool used by local gwe=mrn to achieve this goal. The necessary reasoning for regulating adult enteTt'aiTmmt businesses by zoning is that a land use relationship or impact results from this fora of business. Because of their increasing =ortance to the public welfare of the ccmmmi ty, the Department of Plarming, Research and Development, with the assistance of the City Attorney's Office, the Police Department Data Processing Division, and New Mecico State University, has spent over a year s czdvinz the imaacts i :at adult L--:tertaitmant businesses have on the-4- eInnircc.T'.I^ =. or �.e 7L=-cse of =.:.s st'�3C.'V, the ter_'..'' "=GI�:r • • enter-a rmE'it business" is a ga eral tend Used to des1=,a CL;S=.e5S25 wilicz ormai-ily rez'=e se-% ally srim.:lat ^_g material and/or pe=�--.anc� These include adult bookstcres, adult radar ets, adult d---ve-i T adult motion picture theatres and arcades, rime live entert-a* .:: clubs, and adult service establishments. The study was undertaken to e.—one what, if any, negative imoacts ware created by these uses to the social and land use characte_r_sti cs of the area in Vnich they are located. Additionally, the study examined the factors of crime incidence to show the devi.ati6n from normal rates for this population. Analyses of Land use characteristics were made -Co ShCw an9 negative performance of the real estate market in areas where adult e ntertairmxmt is offered. While the study should not be cons"ued as proving that adult e ntertairmmt businesses are the causal effect of these negative impacts, the study will show that these uses are an i"MorL,=- r variable in each instance of ccmari.son. IMAL BASIS FOR I.XM USE CONTROL Zoning has traditionally been defined as a process by which a ==cipality legally controls the use which. may be made of property and the physical configuration of the development upon tracts of land within its jurisdiction. This is acccmplished by means of zoning ordinances which are locally adopted to divide the city into different districts pezmit=:.*ng only certain uses within each district. Zoning regulations not only restri= the use to wini.ch buildings or prope---t7T may be put within designated dis _cts, but also the purpose or object of the use beyond the mere ccrditicns or of to use. (I) Yhile to cctrtts have affi-med that municipalir= �__s c.re ?r�erl,r eYe==iSi'1g their police Lowe- t 'Lrl z= - : reg: ti Cn, -- -s general" held teat such power is delegated tc thm by the state ?em�lat• e trctgrl statutory e*2actment. In to State of Texas, Article I175 or veT:-,un�s Armatated Statutes provides for the city's zoning e*Ming leg;siaticn. Limitations on the exercise of zoning power are essentially the same as those restricting a police power under the U.S. Constitution. It may not be exercised in an unreasonable, oppressive, arbitrary, or disc--irmnatory marmer. Zoning laws mist have a real, substaltative re?aticn to the governmental objective for the protection of the public health, safety, -morals and general welfare of citizens. Section 25-3, entitled Purpose, of the El Paso Zoning Ordinance reads: "Zoning regulations and districts are established for the m=se of promoting health, safety, morals, and the gezenral welfare of the City. They have been made with reasonable consideration, and with a view to conserving the value of buildings and encouraging the most appropriate use of the Lid throughout the City." The public welfare, in this ccntext, means the stabilization of property values, promotion of desirable home , and the orderly growth of the ccmnz ty. When employing the zoning power to regulate adult entertaiment businesses, the courts have held that the following mist be shown. First, that the adoptive ordinance must be motivated and founded on sound lend use principles, and secondly, that it allow reasonable acccunndaticns for such uses in its jurisdiction. (1) Cf Lbardo v. Cite of Dail;;-;, 47 SW2d 495 (Te-cas Civil Appeals, 9=2% . `T='d, -'_�: Tex. '_, 73 FW2d 475 (1934) . - Both the na=e d d =egulaticn of �.e use Bust be clearly defined in order to avoid the need for subjective incerpretaticn of each proposed use. STUDY FWIAT Methods Used Many zoning ordinances throughout the nation now have provisions for adult entertairmient businesses based on one of two basic approaches to control. the Location of these uses. One approach, ccamonly called the Detroit Model, divides or prevents the concentration of adult entertainment businesses in one area. El Paso's adult entertainment business regulation is patterned after the Detroit Model. The second muroach, or the Bosto Model, concentrates the adult entertaime t businesses in one area of the city. The El Paso Ordinance is based on two hypotheses: first, that there are direct impacts which uniquely relate to this class of land use; and second, that there are indirect, but equally important, attitudinal concezns which result from proxsnity to an adult j. business. Examples of the fog are possible *traffic congestion, tmmml hours of operation, litter, noise, and cr iui al- activity. The study methodology employs a camparison of different Land areas in El Paso. The am basic area of comparison are study areas and control areas. They are distinguished by the existence of adult entertai=ent businesses within heir boundary (the study area) or the absence d eoT �?, �-�-+ -r T ^�, 1 control areas r—he (the. _.,..tom 1 ��) . s chooszrg s".dy dress as we_I as , 4 Cete="...L^r21t C c�cCL�T SL�CS ',A--re zcciL ? r{, ' 't?„`I7 age OL CDL'+.Si�'lg stock, G d fc Zu L?y ^cue. ce seleCt_cn process was aaLitt?QL11V based on tle r:=er or estabi_st;aF-,.ts located in a give, reivrbor„cod. _ each case, adult entertainment businesses were operating dta'i_ng the rim,- span of the study. There were at least nineteen possible distinct sites in El Paso where adult enteTta rme t was offered either singly or - in clusters of establishments as seen in Figure 1. For purposes of this study, it was decided to select three of these sites that were representative and three control areas with no adult business. A control area had similar characteristics of a matched study area in teams of land use. Defining Boundaries The process of defining the study area boundaries was conducted in the following manner. First, locations of adult enterta:i, ent businesses in Ell Paso were plotted. Secondly, the primary concentration of adult businesses were identified. Thirdly, a preliminary nary decision was made to select three study areas based cn concentration and geographic isolation f=m each other. Finally, the boundary of each study area was established so that each was appraodmately centered and had an area of one-quarcer (k) mile. In defining the control area boundaries, first the potential control areas were identified based on the absence of adult entertni-r A►,t businesses. Secondly, possible control areas were delineated in equal size to the study areas. Thirdly, the populat+on and land use characteristics Of ea&- possible ccnt=ol area was determined using the same method used for z.e s=dv areas. Finally, a ccn=L area was selected to match each study —ea as '=�Cse=-% as Assib"a sy a -tamer Cr all r _ _ _ :'esl.CentS, and a__ ot."ie_ • ,J I � AMA � �� - _ ---fir L'��:�.. �•' � be _r �► ail _ a, • I' LAM USE C-ARACI�SST<CC- F2 S-JDY Sim' LOCAITIMS LC:i.J�raDCLiC$ Table 1 identifies the percentage of land use for &e study and control areas. The percent distribution by race of the population for each area and the famly median income is found in Table 2. As can be seen, the areas chosen for the study and control areas have been --migrated proportionally using the land use and pomilation characteristics. A more detailed Land use for the areas may be fcmd in Appendix III to VIII. Percentage of Land Use As or ingust, Study Control Study Cm=l Study Control Area Area Area Area Area Area Ctne One TUV Tw n=ee 'Three Residential* .74 .72 .71 .72 .81 .00 Czamer cial** .19 .24 .11 .12 .16 .09 Industrial**'* .00 .00 .00 .00 .00 .00 Other**** .07 .04 .18 .16 .03 .01 1.00 1.00 1.00 1.00 1.00 1.00 Notes: *Includes Real Estate Codes Al, A2, A3, A4, A6, BI, B2, B3, C1, HI **Includes Real Estate Codes C4, F1, F3, F4, F5, F6, F8, F9, F10, C2, F7, II '*`**Includes Real Estate Codes F2, GI * **Lncludes Real Estate Codes C5, C6, Dl, D2, D3, D4, D5, El, E2, C3, Y9, Z1, Z2, Z3, Z4, Z5, Z6, Z7, Z8, Z9 =.BLE 2 Pozuiaticn Characteristics Study Control Study Control Study Control Area Area ?lea Area Area Area One One T-W T�M Three Three 1985 Population & HousUTTrends Population 1,275 1,845 1,971 21,083 2,322 1,422 Housing 509 636 536 - 525 769 471 income* $20,086 $14,203 $19,331 $19,729 $15,275 $19,745 Percent Distribution By Race & Soani.sn Origin** Black .01 .04 .00 .00 .06 .01 Asim .01 .00 .00 .00 .01 .01 Spanish .71 .85 .93 .93 .31 .75 .. Notes: *Daotes Median Famly Income **Source: U.S. Bureau of the Census Within StudyaAtea=One; two mule live entertai* e t clubs and two adult book store/theatres are found (Figure 2) . One rule live entertainment club is found within Study Area-Tww (Fig=e 3) and three nude live eater*ai*+ *�t clubs are found in Study-Area-Three (Figure 4) . Character of Areas Study Area One has approximately 509 single-family callings, and was olatter as Loretto Place Subdivisicr. in 1947. F.eavy cca-alercializat� along *�nt�--za Street. a o_---ter= i ;ct_r_t_es __c_ure retail r IGU= 2 S=d7/Ccr=c1 Cm - Aihi_ ante=: -mezt 3=iness Lccaticrs PArRK BIGGS ARMY AIR -FIELC IC - — - Faars-aLlasi - _ LRTERN A CONTIR ' C EfFlkf.11 Al tom+ st`r ASCARATE `�- '.t�2��' ' PA R K'y-� *t • r1l1dE I.tVe FZlt22'CairRr��t Club, Lomge, Bar Ault Bookstore Adult Maeat e - Adult Bookstore/M atre FIMME 3 Studv/Ccmtrol Area Two - Adult &-iteTtairmot Business Lccaticr"s a=_ ASCARATE _ a PARK— .. '• • ;: Off` h' `:'�`` . — "' ' o AROL 79 so r' r� -� a •? ; �.'t + +� mot. TROL it • Nude Live tertalapent CLub, Loinge, Bar Adult Bookstore Adult Mwatre Adult Bookstore/'Theatre 1 _0 t r M. 4 SC.rJ/Ccn=ol Awe? ,�eo u Less Lzcat�rrs TES =. " CAtV YOK PARK i40 - '� BIGGS ARMY AIR FIELD STU SA- LXTERNATIC � ti�.'•`� -. - 1. fC�_-�.- • NU& Live Ent club, L - mge, Bar Adult Bookstore Adult Meatre Adult Bookstore/1lv-.at`e shous, baking facil;t es, restz= nts, mec:hanic shins, arcade =,d pool hall, aid office uses. rNi.th L-t this area, eleven c::.antes of zcnizlg ha Noe taken place; sit to C-1 (Ccamerc=a ) zcn�ng, cne to C-2 (C�ercia1) zcni*lg and amour ��lges to A-0 (Apar=Ent/Office) . Ccnt`ol Area One has 636 housing units and like Study Area One has heavy co®ercialization along Montana Street. The cocmercial uses found within this area include primarily y retail establishments and office uses. Ttv changes of zoning classification have occurred in this area; one to A-0 (ApaT'=O t/Office) zoning and one to S-D (Soeci.al. Development District) zoning. Study Area Ttm was subdivided as McCamant (1923) , Balboa Place (1934) and Hidden Valley (1965) and includes apprrnritely 536 single-family dwelling units. Although this area overlaps three subdivisions, the residenri a 1 uses are found primarily within Hidden Valley Subdivision, Str_p comer am cial uses are found along Alameda Ave+nu:e including; re: shopping, auto sales and repair, laundremats and service stations. Thirteen changes of zoning have been processed in this area; three to C-4 (Commercial) zoning, five to C-3 (Cc=erc4- l) zoning, two to C-1 (C Oe -cial) zoning and three c=ges to R-4 (Residential) zoning. Control Area Tim, consisting of 525 housing units, was platted as Cedar Grove Subdivision (1953) . The cflmmercial uses also front along Alameda Avenue and are similar to those found in Study Area One. Within this area, four changes in zoning classification were processed. These include one change to A-2 (Apartment) zoning, one change to C-3 (Ca nercial) zoning and two to C-1 (Ccpme*cial) zoning. Studv Area Three was subdivided _n 1913 as Ybrningside Fle gets Add t_on. Annroxianately 76119. haus:Lng units are found in this area. Of r 5=: ar2?S Gale _CweG Jfand In Scurfy Area Three. The ^ajom-it;7 of ,m is are Iy ranging -Cm iCLLr ::J e'zrlt .rits per strnc��re. Tan c:^�- es in zcru--g cccL-:ed Li this area; y:e C-4 (C mercial) , t- to C-_ (CO=rcia.i) , cne to A-3 (Ana-�t) z d six to A-2 (Apar rie t) . In ccnt=ast, C.^ntroi Area T'rree eMe_r E, oranges in zoning, all to C-3 (Ccc=ercial) zoning. Within Control Area Three, 471 housing touts are found. The area was platted in 1906 .as Grand View Addition and as Military Heights Subdivision in 1919. As in Study Area Three, several multi-family apartmnt cc=lexes ranging in size from four to eight units per stricture are observed. A convenience store and latmdremat are ca=erci.ai activities found within this area. As shown in Table 3, the c-hanges in zoning were substantially higher within the sturdy areas. Althouesn several factors influence a change in land use, ccmnercalization of an area is an indicat=ve factor. Of the total rezoning changes within the study areas, fifty-mine percent Were TABLE 3 Percent Chance in Zoning Classification (As or A g st, Study Control Study Control Study Control Area Area Area Area Area Area. One Coe TIM TWO Three Three Change to Residential 0 1 3 0 0 0 Change to Apar®e►nt 4 1 0 1 7 0 Change to C ci al 7 0 10 3 3 4 Total 11 2 13 4 10 4 ' Sc=ce: Deoa_r--mL of Kannirfa, Resew`. and revelocma:t. Zcrninz C,mze '_es 1975 _o present c,urges to ccimmerc+al dis cus. TY is rercQ:ltaEe is represe:ltative of '-P comercializatlCn t'jcLng -lace WithIL--1 each area along the major �TLerZc1S Tap i_-Icrease in Zoning car, Ce may be atr^ibutable L scee ��.er close proximity of the residential cases to the adult e:iter-a;rrr�c+= businesses. Because residences are not conducive to the adult entertainment envircr=mt, or other calmercial type uses, propeT-ties within residential settings convert to office, ccxMMerclal or other intensive land uses. Adolt entertaiTn-ent businesses, by their cammercial nature, affect land uses within a neieborhocd and weigh heavily on changes to the character of such. -Real Estate Imaact Because of the great ,:tube= of variables that have the potential to cause a particular real estate market to perform erratically at a small area level, the Department of Planning, Research and Development solicite professional opinions from real estate appraisers regarding the market effect of adult --ertalnmmt businesses on land values. Locally, m-enty--lids attempts to contact the real estate appraisal ccmnm1 ty were Dade. Nineteen total responses were received by a telephone survey conducted during the week of August 25-29, 1986 (Appendix IX)- Each appraisal office was asked to respond to the following question, "In yo= best es--znd topless-bars,--within tone-block-•of=a..:residential-area�have=a,ri�tzi** rat- effects on=residential--property-valves?" Of the nineteen responses, fifty-three percent (10) responded afri=matively, sixteen percent (3) responded negatively and thirty-one percent (6) offered no opinion. The most ccu= rationale givers for a nr J cpi-^_cn resterse was that each t-rce of adult enre-r:ainment busirness ;tad t 1 be iudzed cn a case by case basis. was .- c� aClZL� enter-_aL,=)mt businesses ^. Dr=7 =7 to Other ccmMerc aI _-,':e Uses ad a c "e2ter eT;ect a- cr. +ei ^Dcr--=d zrcce`"t'T 'J3LL:es, tl,.-n so' a(Lul t LI-Iter- r !t establishment. Of . :.e fift,r-t'iree perc_:t wino :e_t that residential proper-ty values were reduced, forty-seven perceent -cm t� sanmle also felt that ccamercial business values were reduced. On a national Level, the Indiana University School of Business Division of Research polled the real estate appraisal c=trdm; subject. The survey was national in scope and was o -..m at two levels. T'M membership of the American Institute of Real Estate Appraisers and the Me ber Appraisers Institute were surveyed by the University. In j=1=7 1984, approximately 1500 Questiormai.res were mailed. Of the respcarents, eighty percent ovarVe,=iply felt that an adult entertaiz�t business Located in a neighborhood would have a negative impact on residmtial P=Pe''t9 moues of pre Lses located within One block of the site. Of these, t�nty-ane percent (21Z) felt that the property value wild de=ease in excess of twenty percent (20%) . Oa17 one-fifth of all the respondents saw no resulting cage in residential property values. Seventy-= percent of those responding also felt that there would be a detrimental effect on r i al property values within a GOe block radius . Only tea percent felt that the effect would exceed twenty percent Of worth, with the majority sixty, three Percent reporting a one to t•mnty Percent decrease in value. Twenty eight percent of these surveyed predicted that there world be no negative effect on ccmneTc-;al pr=e,zy. While the great majority of aaprai.sers felt that the effect of an adult e te_*taiM= business On property near a site would decease in properrty value, they felt that this amact fell off =ha-rosy as t:�e distance the site i*icresed. 7he rational t ::c_�ded - nat t:* major'_-=- t:7 or ese appraisers ,A v responded feet mat a negative :=act cn resider r-JAI and cc®erci--L prvpe:-ties w-aS evident .ritdn cne bloc-k radius of an adult ErIt ' business. - That the negative impact dissipates markedly as the distance from the site increases- - That the negative i=act of an adult ente_rtairmnt business is slightly greater for residential property than for cc cral propercy As in the national s-m-vey, joca l real estate appraisers ove-%&elydng ,n cared that an adult enter-`irmmt business does affect resicential ci; 'property values. Althougn a causal relationship between adult enterta;rmeszt businesses and neig�orr� deterioration cart: be proven, the statistical data does provide evidence of such a relationship. SOCIAL_EFFECTS CK..NEIGM3CEM= Survey Cb j ectives Adult ente t-qLTment businesses bave a strong and direct effect on people's perception of relies neighborhood. Mifs relationship was noted in the U.S. Supreme Court case of the Cit4 of Renton -vs- Playtime Theatres Inc• The court ruling showed that preventative versus after the fact Zoning is an appropriate means for cities to use in Protecting and presex-ving possibly ssibl their most valuable resource, ',quality of life" (2) . (2) City of Penton. et a!- . MM.� l nits v. Plavcime 'IY:eatr es. Inc. . .et al N.o. 84-=1-60, U.S. S=rme s e part of this st Vega :`pc4,0 State Cniversi r prepared �LI attit•�nal s=Jey tine s=& =d ccn=oi areas to sham the perceived effects of adult enter to -t :t businesses on neighborh=d residents. A neizbborncod questionnaire was areDared to deteTmire i* residents of neighborhoods containing adult entertainment businesses perceived Dore problems in their neighborhoods than residents who live in areas which aid mot contain such uses. A cony of their report to the Office of the City Attorney is attached as Appendix IX. Survey Format fie questionnaires were distributed rmdcmiy among three-hundred (300) respcnaents, a total of f;=t-y respondents fr= each study and-control area. Businesses were sampled in proportion to their prevalence in the neighborhood (using land use percentage) , the mining surveys were c=le_ed in residences. late views were conducted during working hours, weekends and weekday evenings. The questiarmaire for residences consisted of approximately ninety-eight (98) questions. The questions dealt ,-th perceived neighborhood problems, perceived neighborhood safety and fear of crime. All questions regarding neighborhood problems were designed for this research. The quest=maire for businesses was similar. It consisted of questions regarding neighborhood problems, fear of crime and perceived business problems. The analyses fzt= the questionnaires were taken separately due to the differences in questions. 'fie results from the three study areas were cc==ed, and those for the control areas as well. In reporting the results of the analyses, the typical statistical method of reporting p .05 as siPni=_cant anal o = .10 as mares=al?,r significant was used. in the stsre-r, =Ie samnie of wee ~L m ad is , teed to genera;-,ze air residents of the si_x i7ej zhhcrr.ccds. Iyl= s=le sizes are s"1a.1 1, as survey, sig:.ificant C=.:ere^ices are like=y cc be underestimated, t eTore significant:ficant dif=erencas were considered to be in the i ntemaretation of the results. Survey Results In teary, the survey snowed the following significant results: The residents of the study areas perceived siz- ficaatlyrmbre neighborhood problems than the residents of the control areas (p _ .05) . The residents of the study areas perceived their neI&nDOnIC0C as significantly less safe for children than residents of the control areas (p = .05) . - The residents of the study areas reported being the victim i crime significantly more than the residents of the control areas (p = .05) . - The residents of the study areas perceived their neie borhocd as somewhat less safe at night than the residents of the control areas (p = .08). - The residents of the study areas feared being victimized by crime samawimt more than the residents of the control areas (p = .10) - Residents of the study areas stated that they had more reasons to call the police in the past years to report a neighborhood crime than the residents of the control areas (p = .06). in addition to tale composite meas=ess , some individu 1 measures �Mrr e also siQnif_cant. The spec'i-ic ccr ce=—s that were viewed as being more pervasive in study areas t' c:,nt=of areas are as follows: s eel danzers for *1, sepal darinPrs for c.ildren, pornography - decl_, . moral standards, a�os�e cf �irors to adult aec-_=-19 property values and public ass. Of the prooleas vt,,ed as more prevalent within a neighbor Ood, the direct or indirect ►ie�at`ve influence of adult entertair=)ent businesses on children was viewed as sib=scant. Additionally, the survey concluded that a- strong and consistently higher pattern of M19Fnorhood e-ime, resident fear, and resident dissatisfaction in the ne gbQrhood con=in g adult ente, was e<rident. To mmmar ze, the szaveY clearly shows a difference between the perception of neighborhood residents in study and control- areas that can be attributed to the adult ente_rtairn t businesses located within the areas. Within the past six years, the Cangress and State Legislatures have been actively enacting legislation regulating adult entp*m-a;***+e * businesses. Virtually all states now have some form of regulation. Of the studies, reports and articles examined from other cities, it has been consistently foLmd that a relationsbip does exist between pornography and violence. The 1970 Report of the presidential Comrdssion on Pornography, and ibsce-nits reported no anti-social effects attributed to pornography, and a no cause-and-effect relationship between pornography and violence. Ln .hse 1986, however, the Attornev General's Cession on por:Mgraniry, wh'& was to assess the hatm caused to soc_et7 by pornography, fed that r, - .scm causal relationshp to tine 1e`J2' Or se.'^� V101E^_C9 _S �e=tee^ __CM ?or,-Czr'aphy" (3) • " p Ixpese cctnissicn, as it is more ccumoniy re.er:-ed to, also reported that more violmr- Md e:�Tlicit Por..cgraphy has flceced the �-:cet since I970. '?his has been acc=ani.ed by al increase _-i til nuaber of sex crimes. pdditiovally, the P1aradng Depart from Pt�t, Arizom, reported in its Adult Business Study (Mqj 1979) , that arrests 'for sexual crimes; and locations of adult business were directly related. The study showed that a h,eler amount of sex offenses were committed in neighborhoods in Fhoenix contain ing adult businesses that in neighborhoods without thorn. The Data Processing Unit of the El Paso Police Department tabulated all reported incidents of crime within the stony and control areas as a ,part of this study. The data was coapi.ed to identify any possible dirermces that might have occurred betwem the control areas and the areas where adult Entertainment establishments were in operation. The crime statistics are based on the actual instance of crime in the area9 The groupings were assembled to detezmine if crime occurred more frequently in areas containing adult entertaiTmnt businesses. Whether or not crime frequencies are determined by the land use (location of adult entertaimmt businesses) in which they were ca tted cannot be definitely answered. However, frequency patterns are visible from the comparison. The reported data was assembled for the period from July to December, 1985. The type of data assembled includes property crimes, violent crimes, sex offenses and traffic violations. The following table disPLaYs maJOr crime activities for the six month period for each area. (3) Time Magazine, Sex Busters, July 21, 1986, Rimed Stengel. =0 Crimes d C`=`ses (Fran .i y to Dece,,ner, 1°85) Study Control Study Cant:ol Study Control Area Area Area Area Area Area One one TM TWO Three 'Three Property Crimes* 129 92 i25 16 181 73 Violent Crimes** 20 19 25 0 71 21 Sex Offenses *** 2 1 2 0 1 1 Traffic**** 266 209 104 28 482 151 Notes: *Includes burglary, larceny, auto theft **Includes mnsder, rape, robbery, assault ***Includes rape, indecent exposure, le,,;d & lascivious, child molest ****Includes moving and parking violations Of the total mxber of property and violent mimes committed in the six areas, seventy-= percent (72z) of the offenses oc=xed within the study areas (See Figure 5) . This pattern was similar in r .ari cn with frequency of sex offenses within the same time period. OF the seven total sex offenses, five (5) or seventy-= percent (72x) occ=--ed within the study areas. Table 5 provides a more detailed breakdown of =-me with'.-: each area and is based on the total =er of calls .or se-r-rice. _C-�JRE 5 Perot Dist^:.-urn or Crime i=F' I ME=: MND i+FFEH'=E::3 ...:......................................................................................................... -- 1 ................. ................. ........................................... ............... y---• 1 ................. ................. ................ ~ 4 0 ................ 10 i�j� t f fr: r ',� ji'' '• 1 c ROPERTY IJ I OLENT SEA; TRAFFIC TUIi'•i' hREM' ' ::r• CONTROL AREA SET_'Tice Cal's (From .7uly co L:ecemer, 1985) Study Conte i S tz:dv C ro ant i Stu# Cor tro 1 Area Area Area Area Area Area Tvve Offe--Lce One One Tao TDM Three 'Three H=der 0 2 0 0 2 1 Rape 1 2 2 0 3 2 Rabbery 1 3 10 04 1 Assault 18 12 13 0 62 17 Burglary 39 40 43 14 87 44 Theft of Vehicle 18 9 15 2 30 10 Larceny Theft 72 43 67 0 64 19 Fri 1 4 0 0 0 3 p Prohibited Weapon 5 1 5 0 9 p Prostitution/Vice 5 0 0 0 0 p Sex Offw+ses 2 1 2 0 1 - 1 Of=uses/Family 3 1 4 1 9 4 'Drug Abuse 3 1 3 0 4 0 Liquor Laws 0 0 0 0 2 1 Drunk 36 43 26 1 56 40 Disorderly Conduct 201 162 177 46 495 139 Gambling 0 1 0 0 0 0 Lost/Stolai 21 20 9 2 25 26 Suicide 0 0 0 1 4 0 Attemated Suicide 0 0 1 0 1 0 Deaths/Bodies round 0 2 1 0 1 4 Injured Party 13 16 13 5 26 10 Missing Person 6 10 9 3 26 6 Miscellaneous 482 316 281 87 1129 315 Traffic Violations 266 209 104 28 482 131 Offense not known 0 1 0 1 3 2 TOTAL 1199 895 798 192 2533 794 3^ The table below i l l T:s mates a c=marison of the rat'_o of c_-;�e ::or etc:^. area. Both t`'.e s rudy and c.^ntrol areas e_�erienrced a si?ri�r=can i'?C'_CF21Ce OL C��IDe. -^ CL t"�5 -c ease is e_YDected �Ve— te'� !ccation in generally older and Dore populous neighborhoods of the city. There anoears to be a s"org correlation between crime -Frequencyand the residential character of neig-bbornoods. F=the''more, as can be sew., the ratio of c=M is hlgber w.thin the study areas in each classification of creme. TAHLE 6 Ratio of Crime (From u-y to ecemoer, 1985) Study Control Study Control Study Control Area Area Area area Area Area One One Two Two M=ee M=ee pr-ofle_'rtY Crimes* .30 .29 .49 .36 .25 •30 . Violent Crimes** .05 .06 .10 .00 .10 .09 Sew offenses*** .01 .00 .01 .00 .00 .00 Traffic**** .64 .65 .40 .64 .65 .61 Notes: *Includes burglary, larceny, auto theft **Includes m<sder, rape, robbery, assault ***Includes rave, indecent e�osure, lewd & lascivious, child molest ****Includes moving and paXk3 violations 24 ,he sex offense rates im tie sczdy areas is most sir-ani=_mot. is a r�oer of sex cfEnses cccmitted St-Ldy seas C}ne �::c ,� �r:it^ ha-ve a larger nuzber of adult mtert-- I nt '::us-esscs ?ecated Tw�.thi them. A1tl ugh t`1e analysis de=ns=ated in the c==a,r"scn w-i1? not in itse'~ establish an effectual relaticnship be m,--n adult Ente*"a�nt businesses and crime rates. The statistics do clearly show that within each study area the incidences are substantially higher than in the areas where adult entertainment is not offered. FIMINGS, CMUISIONS AM REM =CNS Given the me&s;ures and samples chosen to determine the effects of adult entertainment businesses cn and the attitudes of residents living near these establishments, the results of the study are quite clear. The study found that the following ccndit-_ons ex-Lst within the Study Areas: - The housing base within a study area decreases substantially with the concentration of these commercial uses. - Properties located within a one-block radius of an adult eat business realize a decrease in property value (affecting both residential and coma--cial prcoefi es) . Properties located near adult entertainmE t businesses e=)erimice an increase in listings on the real estate market. - The presence of adult entertainzeant businesses result in a 25 relat ,re ceterioraticn of the residential conditicn of a neie,b=, ood. star=stir ally si r`'_c-*it _"crease in cr'-'zn ls =:,ur:d areas where adult enterta=e t businesses are located. The average crime rate 1-i the study areas was seventy-two percent (72z) higher tl= that rate for control areas. - Sex-related crimes occurred more frern ntly within neighborhoods having at least one adult entertainment business than in those with no adult businesses. - The neighborhood residents within the study areas perceive far greater neighborhood problems than residents of the _control area . - Study area residents feared significantly more neighborhood deterioriation and =-me that residents of the control areas. No conclusions can be drawn from this study which correlate direct to a type of sexually oriented adult entertainment business. The diff-I milty of deriving measures for certain types of adult businesses necessitates collecting data regarding all types of adult ente*tairnmt businesses. The measures chosen for the study design, residential neighborhood condition and crime, are less AL to convert statistically. Since the effects demonstrated in this study relate to the concentration of adult entertai_Tment businesses, the following rec idatzicns should be considered in enactment of an ordiSL'Tlce regulating adult entertairme t uses: _6 (1) That the ordinance su=nr-z a reasonable balance bet-ween neigizborimod protection and 1 e constitutional might of t:- esp ousLnesses to east. (2) That the location of adult entert'a� nt businesses be li=Lted in a given area to avoid the crncentraticn of such establis'nzeats. (3) That a licensing systen be established for categorization of these uses, such license to be obtained by the Chief of Police or other designee. (4) That a statemnt of purpose be contained within the ordinance itself to support the validity of the regulation. (5) That the ordinance assert and show that the regulation protects the u elfare of the citizenry and the quality of neighborhoods. (6) That the ordinance speci_Fy distances from which an adult inter-,ijr Tx°nt business may be located from a residential area, public use, or any other regulated use. (7) That the provisions state, in some manner, the business of selling or dispensing alcoholic beverages within an adult entertgin x+nt establisbmeat. (8) That no adult entert'ai=m t establishment conduct business in a mama--- "'Mich pe=mits the observation of such to any adjacent prvpe r. 27 (9) That asual inspections be rewired of all adult entex:�nt businesses to Bete -j ne if all provisions are c=lied with. (10) That prcvi—,zic= for a reral,_y m d fine be enacted for adult �_ntertainment businesses violating the ordinance. (11) That special sign regulations apply to all Premises for adult entertai rment. �8 APPr—\IDa T ?cult E'nte=-t�,,nn*,t 3usiness L.istins - Citawide As or .Wane, b) NAME L,CCA'C'_CN Adult Theatre & Bookstore 4812 Montana 4 Aldo's Neer One 3802 Pershing I B-G Club 6746 Edgenere 1 Ws Cocktail Lounge 4005 Leavell 1 Black Garter 7601 Alameda 1 The Brass Lounge 4321 Dyer 1 The Cabaret Club 4834 Montana 1 Cosmopolitan 6343 Alameda 1 The Dollhouse 5715 Trowbridge 1 El Cine Theatre & Books/Magazines 314 S. Oregon 4 F.os Adult Bookstore & Movies 4828 Montana 4 Eros Adult Bookstore & Movies 108 W. Paisano 4 Eros Adult Finn Center 6213 Airport Road 2 Eve Theatre 1903 Texas 2 Flower Garden 4842 Montana - 1 . Golden Wheel 4910 Dyer 1 Lamp. lighter Lcu nge 9857 Montana 1 Martinique Club 7144 Alameda 1 Naked Harem 6343 Alameda 1 Nero's 10662 Vista del Sol 1 The Nugget 5711 Trowbridge 1 The Car House 6726 Alameda 1 Palomino 5813 Paisano 1 The Paradise Adult Books/Movies 209 S. El Paso 4 Persian Cat 3810 Pershing 1 Pits 4013 Flory 1 Playmate 113-115 E. Franklin 1 Rainbow Lounge 4620 The Red Flame 9330 Dyer 1 Starlet Club 6108 Dyer 1 Swingers Adult Bookstore & HNies 9872 Dyer 4 Springers Boutique Adult Bookstore & Movies 1603 Montana 4 Trixx Adult Cinema 2230 Texas 2 Notes: 1 Includes bars, lounges, and clubs operating with topless waitresses 7 Adult theatre Adult bookstore Adult theatre/bookstore 29 P.FPt",IDL{ I7 Neal Estate Codes 4/4/86, State Codes: A REAL RESIDENTIAL S--UZ F P2-E.Y P2 REAL RESIDENTIAL r?JBILE FIDE P2 CMXMI TIUM (IF ASSESSED SEr'ARATELY, Z. PAID TOWARD IXRION AREA) A4 'TOWNHOUSE (IF ASSESSED SEPARATELY, NN LAND) A6 LOT UTII= AS MOBILE HOME Bl REAL RESIDENTIAL M 111 FPX.Y -(DUF=) B2 APARTMENT HOUSE (WITH OR WIM= STREET LEVEL STORES OR OFFICES) B3 QUADRAPIEX OR TRIPLEX Cl REAL VACANT RESIDENTIAL, PLA= LOTS/TRACTS (FIVE ACRES OR LESS) C2 REAL VACANT CQMMERCIAL C3 REAL CCtjM OPEN AREA C4 CMIERCI& COMM OPEN AREA C5 AG AMID NON AG (FIVE ACRES OR LESS) _ C6 VACANT PARCEL WITH AMEN `� VALUE DI REAL ACREAGE, RANM LAM (OVER FIVE ACRES) D2 TMERIAMID D3 FARM LAND (OVER FIVE ACRES) D4 UNDEVEMPED LAND D5 AG AND NON AG (OVER FIVE ACRES) El REAL FARM AMID RANM USTMEMENTS (HCMEM:EAD AGRICULMRAL) E2 REAL FARM AMID RAN li (MM THAN El) - Fl REAL CCMIERCTAL (STORES AMID MANJFACIZJRM) F2 REAL F3 REAL CCM`lERCIAL (OFFICE BUILDINGS) F4 REAL COMM= (b= AMID M MEZS) F5 REAL C I RCIAL (GASOLINE STATIONS) F6 REAL CCKIMCIAL (GARAGES AMID PARKING LOTS) F7 REAL COMEgrIAL (WAREHOUSES) F8 REAL (THEATRE BUILD=) F9 REAL CMtMRCIAL qn ANCIAL =TTUTION.S CZEER THAN BANKS) FO REAL CO[OIIt= (HOSPITALS, MIMICS, AND NURSING HMES) GI OIL, CAS, AND KMAL RESERVES (UM MU MID) HI TANGI E PERSONAL VEHICLES S 11 REAL ESTATE OWNED BY BANKS Y9 REFERENCE Zl ALL ENTITIES ( SaMOLS, CTTY,-'WATER, COUNTY AND FIRE) Z2 CHOMC S, PARFM LOTS, PARSOMMS AND CDEM TF4 Z3 ��P,RI'rP,Bi�' Z4 PRIVATE SCHOOLS Z5 UNIVERSITY OF TEXAS Z6 EL PASO PUBLIC SERVICE BOARD Z7 PEOPLE OF THE STATE OF TEXAS Z8 MMOO Z9 UNITE? STATES OF AV=CA 30 ASPRMIX III Fed Use - Sc dv Area Crie ' t •• _ ®©�I.• w• r f� y ILI MW Lj 7 • "" �. J i ►r4 .1', y. � r •� gWfiv �� •��wir• .icra .rJr .j Residential ■ C am=ial ® Industrial ® Other • 31 APPE MIK W Laid Use - Control Area One (44 40 jib • ,.�� ct EN •• � • ••j ••.: � •T ice• •� '�i:�l �t .• .• m•vofcc „•• .. , ',.. i1 grpwR6 • .1.• .'.r .,•.ssoua • R2.Sldent a1 ® ale= 32 AP-01MIX V L,=.d Use - S tudv Area �y {k�•� .``v f•�1 � ry, �� ' 1,I� � a• ,�sr � GIs,.: • �� .r i Mom• .� � •: • ••� • .••• '� ♦:,� low •'r +ter •.._„� Jft i try Residential. ■ CzmmrC1al. ® Industrial ® OdwS 33 AP?MIX VI Iamd Use - Cantral Area TI m • 4•pQA ..•/=f• fl.nO • .. • t��►t•.. r./•.� C/ •� 00 ti• -ail f.�I•'•~ �' .tt+. •♦• •�- '� •/� •�' �P' O �•.;��`. `' J .ti�• • `:�ir:S .. 14. • •` N ti .y r �♦.•� •� � ` .art' ••1�` ~t•�.. � .i/. r � '•" �. • J.� A � •/ •d�� •r �Q�� I t .a +ct. •: ♦ It/�/ OI/^r • 0'41 Residential ■ ('cMmerc1 al ® Industrial odwr . 34 APPRMIX VII Laid Use - SC:av Area 7=ee 1,4 i avE JtiMASft7M 025 st:n• jiE AWC 00, Ns Ij- Tiz syE • fee •* `r t .. i�1 .a r.� .l . is Residential ■ CammScial ® Iiubastr-f a1 Otber rza 35 AFMMIX VILiI Land Use - Ccr+.=oi P.rea 'Three Nor 26, _i �•ter— � v.• ♦•�f 1VE •.•- 00. OA. pp , ITiI �_•• •A�,i� w•�w%•may ��:..�.t�.':1 I't� ��..1 L .':� •iif-:=:: 'i• '.� � ..1�.%'••i: •mot..r,�'J •: �It •v E r. esZ lvtpT W •:.�. .� �yI �►••i• :mil r�fir. .1• . •Lli1• .i� .!.•��1' y� ••~•�•L�: . tom....,, ..2• �:+2 Residential ■ C3=e-Ci a1 ® Industrial ® Other 36 APPEhIDIX IX Real Estate Q.aoraisal Poll Name Address Andresse;i & Co. , inc. 403 Executive Center Blvd. Appraisal Associates of El Paso 310 N. Mesa, Suite 212 Br *+ptr, Aaron 806 Myrtle Burns, Scott 1115 Airway Blvd. Clark Appraisal Service 1855 Trawood Davis, Jim 1851 Traaood Davis, John Alfred & Assoc. 2829 Montana Dempsey, Richard T. , Jr. 619 Arizona Flores, Moises 549 Magoffin G & R Appraisal Service 3517 Firestone Kemp, John 311 N. Kansas McKinstry, Fred 5862 Cramo Passero & Associates 5822 Crcmo Real Estate Appraisals of El Paso 6044 Gateway Blvd. East Rubalcava, J. Roberto, Sr. 3030 Montana Sellers, Ralph 5862 Crco Toner, David T. 4100 Rio Bravo, Suite 315 Wagner, Danis 4900 Montana. Wood, William E. , Jr. 4120 Rio Bravo 37 APPEMIX X Retort of the Perceived -Neighborhood Problems Kew Mdca State LkaversUE7 ALWust, 1986 38 REPOEC OF T-F—E STQD1' OF P=IVF*J NEIG-IMOR-000 PITJBi c'NS FOR ?'EKE OFFICE OF TF-V CITY ATTORNEY EL PASO, TEYAS BY THE CENTER FOR SOCIAL RESEARCH NEW MEXICO STATE UNIVERSITY August, 1986 Cookie Waite Stephan, Ph.D. Ronald A. Farrell, Ph.D. Box 38v/)mot C'um.New Mexco 880Q3 Toi onorr 6M)646-=l 'L�VERs�' , r August 29, 1986 Mr. Rudy Hernandez Office of the City Attorney 2 Civic Center Plaza El Paso, TX 79999 Dear Mr. Hernandez: Enclosed is the report of "The Study of Perceived Neighborhood Problems" for the Office of the City Attorney, El Paso, Texas, in accordance with our contract of June 24, 1986. Sincerely, _ err Cook ie White Stephan Professor Director, Center for Social Research PURPOSE '":e pur=ose of the study was to determine if residents of the City of El Paso who live in neighborhoods containing sex-related businesses perceive more problems in their neighborhoods than residents who live in comparable neighborhoods of the City which do not contain such businesses. 12THMMS Stele. The sample of the study was to consist of three neighborhoods containing topless bars, adult bookstores, and adult theatres (the experimental areas) and three similar neighborhoods containing no such businesses (the control areas) . In fact, one control neighborhood (area 4) contained a topless bar. In addition, another control neighborhood (area 2) contained a home for transients and a ditch that is a primary pathway for illegals to enter the city, both of which were seen by the residents as creating an unusual number of neighborhood problems. The experimental and control neighborhoods were matched for land use patterns and demographic characteristics of residents; in. each case the experimental and control neighborhoods were within close proximity. (See Appendix 1 for characteristics of the neighborhoods) . Fifty residences from each neighborhood Were randomly selected for interview, for a total sample of 300 respondents. Businesses were sampled in proportion to their prevalence in the neighborhoods; the remaining surveys were completed at residences. (See Appendix 1 for sample sizes) . Only respondents 17 years of age and older were interviewed. In businesses, either owners or managers were interviewed if' available. Otherwise clerks Were interviewed. '^,:e respondent samples are comparable in terms of demographic characteristics, with the exception of sex. As may be seen in the analysis which follows, sex is unrelated to the responses of respondents in this study. The interviewers were three female graduate students at New Mexico State University. The interviews were conducted either is Spanish or English, in accordance with the respondents' wishes. Sixty- five percent of the interviews were conducted during working hours from Monday through Friday. The regaining interviews were conducted during weekends and weekday evenings. The interviewers, who wore office of the City Attorney identification badges, explained the study as a survey of neighborhood conditions to assist the City in improving 1 these conditions. The response rate was 791. Survey forms. The questionnaire for residences consisted of 98 questions.�74aenty-eight questions were concerned with perceived neighborhood problems, 2 questions allowed the respondent to list questions concerned perceived additional neighborhood problems, 2 auesti Pe neighborhood safety for adults, 5 questions concerned perceived neighborhood safety for children (answered only by respondents with minor children living at hone) , 13 questions concerned fears of being the victim of various crimes, 13 questions concerned the perceived seriousness of these crimes, 13 questions concerned the experience of being the victim of these crimes, 2 questions concerned calling the police regarding crime, 7 questions concerned security measures, and 9 questions related to the demographic characteristics of the respondents. The questions regarding neighborhood problems were designed for this research. All other scales were taken or adapted from national crime surveys. ' ..ze questionnaire for businesses was similar. it consiste^ cf -73 questions concerned with perce-17ed neighborhood problems, 11 questions 2 + concerning fears of being the victim of various crimes, i1-7 questions concerning the perceived seriousness of --here crimes, 1.1 questions concerning being a victim of these crimes, 2 questions concerninc calling the police regarding crime, 7 questions regarding security measures, four questions regarding perceived business problems, and an item designating the respondent's relationship to the business. (See Appendix 2 for the survey forms) . ANALYSIS Data from residences and businesses were analyzed separately due to differences in the questions asked in the resident and business samples. Residences. To assess perceived neighborhood problems, a scale of perceived problems was formed from the responses to the 28 questions regarding neighborhood problems perceived to have existed during the last year. Any additional problems mentioned by the respondents were also tabuuated. To assess fear of crime, a scale of fear of being the -victim of 13 crimes was constructed. To assess actual victimization of crime, the respondents' rates of victimization for these 13 crimes during the last year were also tabulated. To document the seriousness with which the respondents viewed these 13 crimes, they were asked to rank their seriousness. As other measures of neighborhood problems, the number of times in the last year respondents reported they had called the police to report a crime in the neighborhood and the number of times in the last year the respondents reported they had reason to call the police to report a neighborhood crime were tabulated. To determine the extent to Which the respondents felt the need tC protect their hones from cri.,ne, a scale of security measures was crmprised of 7 items regarding household security. The demographic characteristics of the respondents were also examined. Businesses. A scale of perceived problems was formed from the responses to 28 questions regarding neighborhood problems perceived in the last year, and the additional problems listed by the respondents were tabulated. A scale of fear of being victimized by crime was constructed from the responses to the 11 questions regarding fear of crime. In addition, scales were constructed fray the respondents' answers to the 11 questions regarding the seriousness of these crimes and the actual number of times in the last year the respondents had been the victims of these 11 crimes. The number of times respondents reported they had called the police in the last year to report a crime in the neighborhood was tabulated, as well as the number of times tha reported that they had reason to call the police in the last year to report a neighborhood crime. A scale of security measures was comprised of the 7 it regarding security. In addition, the 4 items regarding business problems and the identity of the respondent were tabulated. Statistics. For each scale or item, a one-way analysis of variance was conducted to determine if the perception and experience of problems differed in experimental (sex-related businesses present) and control (sex-related businesses absent) neighborhoods. For these analyses, the three experimental neighborhoods were combined and the three control neighborhoods were combined. In reporting the results of these analvses, we follow the typical statistical convention of ceccrting n .05 as significant (5 or fewer chances in i00 of finding a difference between experimental and control neiahborhooais by chance) and o .10 as marginally significant (6 to 10 chances in 100 of finding a difference by chance) . In this study a sample of 300 is used to generalize to all residents of the 6 neighborhoods. when sample sizes are small, as in this study, significant differences are likely to be underestimated. Therefore, we consider marginally significant differences to be meaningful in' the interpretation of the results. Residence data. (1) The residents of the experimental neighborhoods perceived significantly more neighborhood problems than the residents of the control neighborhoods, 2 < .05. They also listed more additional neighborhood problems than the residents of the control neighborhoods. (2) The residents of the experimental neighborhoods perceived their neighborhoods as significantly less safe for children than the residents of the control neighborhoods, p 4 .05. (3) The residents of the experimental neighborhoods reported being the victims of crime significantly more than the residents of the control neighborhoods, p .05. These crimes were perceived to be quite serious in nature. (4) The residents of the experimental neighborhoods perceived their neighborhoods as somewhat less safe at night than the residents of the control neighborhoods, c 4.08. Le (5) "L^.:e residents of t::e experimental neighborhoods feared being victimized by crime somewhat ;Here than the residents of the cort_ol neighborhoods, o < .10. (6) Residents of the experL3ental neighborhoods stated they had somewhat more reasons to call the police in the east year to report a neighborhood crime than the residents of the control neighborhoods, o < .06. There were no differences in number of times residents in the experimental and control groups actually called the police to report neighborhood crimes in the last year, no differences between these croups on number of securit- y measures in the home, and no differences in the perceived seriousness of the crimes. (See Tables 1 -and 2 for all measures) . In addition to the .ccmflosite measures, some individual measures also were significant. The specific problems that were viewed as being more pervasive in experimental than control neighborhoods are as follows: sexual dangers for women, sexual dangers for children, homosexual misconduct, pornography in the schools, inability of families to guide the sexual conduct of children, declining moral standards, interference with the family's moral guidance of children, exposure of minors to adult entertainment, offensive business advertising, disturbing the peace, declining property values, public drunkeness, fighting, gambling, public indecency, and weapons. Drunk driving and adults who set had examples for children were viewed as somewhat more pervasive in experimental than control neighborhoods. The specific crimes of which residents of experimental neighborhoods had been a victim significantly more than residents: of • control neighborhoods were having someone expose themselves to the respondent and being endangered by a drunk driver. The saecifis crime which the residents of experimental neighborhoods feared somewhat gore than residents of control neighbor^cods was having someone try to seil or. show them pornography. The residents of the experimental and the control neighborhoods were similar in age, education, ' religion, religiosity, employment, and income. They differed only on one dimension: more females were interviewed in the experimental than in the control groups (Chi scuare = 4.24, P < .05) . Additional analyses of variance showed that sex of respondent does not account for the significant differences in responses to any of the measures reported above ( F 0.00, o = n.s. for problems, F = 1.88, P = n.s. for reasons to call the police, F _ .77, o = n.s. for safety, P -1.25, p = n.s. for safety of children, F = .66, ` in n.s. for being the victim of crimes. (See Table 3 for demographic characteristics of respondents) . Respondents with minor children living at home were more likely to report having called the police to report a neighborhood crime in the last year, p < .05; to believe they had reascn .to call the police to report a neighborhood crime in the last year, p < .01; to perceive more neighborhood problems, p < .01; and to have a high degree of fear of crime, p < .001, relative to respondents without minor children living at home. Respondents with minor children living at home reported being the victims of somewhat more crimes than respondents without children, p < .10. There was also an interaction between presence/absence of children and neighborhood area. (See Table 4 for means) . Respondents in the experimental group with minor children living at home reported about 3 times more neighborhood problems than respondents in all other group- s, n < .05. '^hese respondents were also somewhat more likely to have cared the poI'_ �c report a neighborhood crime in the last year tan respondents '_n all other groups ( F -3.18, D < .08 (See Table 5 for means) . Because the experimental and control neighborhoods did not differ in proportion of repondents with, minor children living at hone ( r^ =.40, n = n.s.) , the significant and marginally significant differences between experimental and control groups could not have been caused by such differences. Business data. There were no differences in measures between business respondents in the experimental and control areas. The lack of significance was anticipated, due to the small sample sizes. These respondents were included to ensure feedback from all types of neighborhood users. As a result of the random selection process, several operators of sex shops were respondents in the experimental groups. DISCUSSICN The data show that there are a number of differences between the experimental and control neighborhoods that can be attributed to sex- related businesses in the experimental neighborhoods. In neighborhoods containing sex-related businesses, residents perceive significantly more neighborhood problems, report being the victim of more crimes, and perceive the neighborhood as significantly .Less safe for children than residents of neighborhoods than do not contain sex- related businesses. In addition, in neighborhoods containing sex- related businesses, residents perceive their neighborhood as somewhat .4 %_ f t less safe at night, fear being the victim of crime somewhat more, and believe that they had somewhat ,mere reasons to call the police in the oast _year to report a neighborhood crime than respondents in neighborhoods that do not contain sex-related businesses. Considering the perceived problems in the control neighborhoods, especially those related to the presence of a topless bar, the data are markedly clear in showing differences between neighborhoods with and without sex-related businesses. The residents of neighborhoods containing sex-related businesses seem particularly concerned about the influence of these businesses on children in the neighborhood. Many of the problems that are viewed as significantly more prevalent in these neighborhoods than in neighborhoods not containing sex-related businesses concern direct or indirect negative influences of these businesses on children. In addition, the residents of neighborhoods containing sex-related businesses who have minor children living at home are significantly more likely to perceive problems in their neighborhoods. we believe that the numbers of problems reported are actually lower than the problems experienced by the residents in neighborhoods containing sex-related businesses. Many residents seemed to cope with the problems of these neighborhoods psychologically, by perceiving the sex-related businesses as being outside their neighborhood, even when they were in close proximity to their hoses. It was common for respondents in the experimental areas who were only two blocks from a sex-related business to respond that their neighborhood had few problems but that the people in the neighborhoods where there were topless bars had terrible problems. This redefinition of neighborhood boundaries may have allowed residents tf neighborhoods where sex- related businesses caused :roblems tc Justifj their continued residence in the neighborhoods. Other respondents told the interviewers that they could not tell then about the problems caused by the sex-related businesses because thev feared retaliation, or because they feared being involved in police investigations of these businesses. Despite the interviewers' assurances of confidentiality, the identification badges worn by the respondents identifying then as being from the City Attorney's• Office apparently caused many respondents to believe that their responses would be turned over to the police with their names attached. In conclusion, the data show a strong and consistent pattern of 'hiqher neighborhood crime, resident fear, and resident dissatisfaction in the neighborhoods containing sex-related businesses relative to neighborhoods that do not contain such businesses. We believe that these neighborhood problems are sufficiently great to justify action `` to decrease their magnitude in these neighborhoods. A Report On Zoning And Other Methods Of Reguloting Adult Entertoinment In Amarillo September 12, 1977 PLANNING DEPARTMENT CITY OF AMARILLO, TEXAS , A REPORT ON ZONING A',0 OTHER METHOOS OF REGULATING ADULT Et;i ERi AINMENT IN At.;�QLLO CITY COMMISSION Jerry H. Hodge Mayor Curtis A. Crofford Jerry Ammerman Commissioner No. 1 Commissioner No. 3 Houston Deford J. Dean Christy Commissioner No. 2 Commissioner No. 4 John S. Stiff City Manager PLANNING A,'rO Z014I►iG COt-J�ISSION W. E. (Bill) Juett Chai rrman U. C. Sterquell , Jr. , vice-Chairman Herbert Johnson Martin G. Manwarren ' Ronald Edmondson Marvin Hinton Jack Hazlewood PLANNING STAFF H. Dale Williamson Director of Planning , Traffic and Code Enforcement Secretary, Planning and Zoning Commission J 0 Smith, Jr. Chief Planner Donna Stanley, Planner II Geno Wilson , Draftsman II Gary Dumas , Planner I Steve Rcdri quez, Draftsman I Michael D. Moore, Planner I Gail Beck , Secretary III Tom Horton, Draftsman II Maxine Hawk, Clerk II September 12, 1977 i ` =FACE This report presents the findings of the Amarillo Planning Oepart.,ent recar, -� the adult entertainment industry within the confines of the Amarillo City limits . These findings analyze the land use effects of adult entertainment businesses and alternatives for their regulation. Adult entertain_ent businesses are those that customarily are not open to the general public by the exclusion of minors by reas�� of age. Presently, the only authority available to a city for regulating adult business is the city's power to Zone and license. These methods of control have been sanctior: by the Young v American Mini Theaters , Inc. case. The determination of what is or is not obscene is to be made by a jury on a case by case basis in accordance with the test descried in the Marvin Miller v State of California decision.. the crieinal offenses for dealing in obscenity, proscribed Lby the Texas Penal Code, are the exclusive province of the State, and the city rr.a: not invade this area by seeking to define obscenity or provide rebuff for its sale , display or distribution. a A REPORT ON ZONING ki: OTHEP O=TuODS OF REGULATING ADULT EN ErTAEI'.""-ch, iK WARILLO INT R000CTION This report on the current extent of pornography in Amarillo was initiated upon the request of the Amarillo Planning and Zoning Commission April 25, 1977. Accompanying the request was the desire for info.rretion concerning .the possible zoning control of all businesses catering to adults only. For the purpose of this report, adult-only businesses have not been limited to those that display porno- graphic material , but include bars , lounges , and any other business type which restricts entry, sale or viewing based upon a minir.:um age. This study is an attempt to briefly explore the national problem of adult-only businesses with a major emphasis on those w-hich deal in pornographic material . The Amarillo situation was. analyzed in relation to the extent of the national growth of the adult-only industry and the extent and limitations to which the City can coil "rough land use mechanisms , the proliferation of the industry outlets. t,o city ordinance regulating any type of adult business is included within this report and none will be drafted until discussion has occurred on the various options available for the control of adult businesses. In any consideration of whether or not to control and restrict adult-only outlets within the municipal jurisdiction, the following should be reviewed: 1 . To prohibit these uses to locate anywhere in the municipality, three points must be considered: A. The Courts have generally invalidated legislation which attempts to prohibit a particular use altogether from a municipality. B. Prohibiting the location of any pornographic use in the city could be contested on the grounds that it provides an individual engaged in such practice no means of livelihood within the City. C. Such legislation could also be contested on the grounds that it infringes upon the right of freedom of speech. 2. If these uses are to be allowed and restricted within the municipality, the City must decide where such uses are to be located.1 "THOD OF ANALYSIS In the preparation of this report, several data sources were emplcye%. Current weekly national news magazines were searched for references to hhe problems of major urban areas relative to this topic. Several individual cities known to be exploring methods of controlling the growth of the adult-only industry were contacted and adopted City Ordinances were reviewed. The American Society of Planning Officials provided advance information from an unr_1_ased publication on Adult EnterLainnent which has since been published (copy included for your review). Several recent Supre::m Court decisions were reviewed in order to determine the general mod of the lam: as handed down.2 This information was synthesized into a form which details the national limita- tions placed upon a state and city in the land use control of adult-oniv businesses . The Texas obscenity law was then reviewed in order to determine the li.:1tations of (M�-egislative regulation of adult-only businesses and the extent to which AMarillo , as a city, may regulate the industry through land use and licensing mechanisms. DEFINITIONS Obscenity is defined by the Supreme Court in the following exerpts from Marvin Miller v State of California: 1 . "Obscene material is not protected by the First Amendment, Roth v United .States , 354, U.S. 476, 77 S. Ct. 1307, 1L. Ed. 2d 1498, -reaffirmed. A work may be subject to state regulation where that work, taken as a whole, appeals to the prurient interest in sex; portrays , in a patently offensive way, sexual conduct specifically defined by the applicable state law; and taken as a whole, does not have serious literary, artistic, political , or scientific value." 2. "The basic guidelines for the trier of fact must be: (a) whether the average person, applying contemporary community standards would find that the work , taken as a whole , appeals to the prurient interest. Roth, Supra, at 489, 77 S. Ct. at 1311 ; (b) whether the work depicts or describes , in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political , or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary." 3. 'The jury may measure the essentially factual issues of prurient appea and patent offensiveness by the standard that prevails in the forum community, and need not employ a 'national standard' ." As stated above the basic guideline for determining what is obscene is throu- an evaluation of the material utilizing the forum. community standard. In Smith v United States , 97 S. Ct. 1756 (1977) the Court amplified its consideration of the community standard when it stated that community standards are required to be applied by the 'ur in accordance with its understanding of the tolerance of the average person in the community. The result being that the 'ury has the discretion to determine what appeals to the prurient interests and what is patently offensive in its community. "State law cannot define the cone.-porary community standards for appeal to the prurient interest and patent offensiveness that under Miller v California are applied in determining whether or not material is obscene . . . Though state legislatures are not co,.,,letely foreclosed from setting substantive limitations for obscenity cases , they cannot declare what community standards shall be . . . " [Smith v United States (1759)] The conduct regulated by the Texas Legislature is defined in the Texas Penal Code Subchapter 43g, "Obscenity". The following is that portion of Chapter 43 which regulates the sale, distribution and display of obscene material : 43.21 . Definitions In this subchapter: (1 ) "Obscene" means having as a whole a dominant there that: (A) appeals to the prurient interest of the average person applying contemporary cor=nity standards; (8) deoicts or describes sexual conduct in a patently offensive way; and (C) lacks serious literary, artistic, political , or scientific value. (2) "Material" means a book , magazine, newspaper, or other printed or written material ; a picture, drawing, photograph, motion picture, or other pictorial representation; a play, dance, or performance; a statue or other figure; a recording, transcription, or mechanical , chemical , or electrical reproduction; or other article, equiprent or machine. (3) 'Prurient interest' means an interest in sexual conduct that goes sut- stantially beyond customary limits of candor in description or represe,�:_ ation of such conduct. If it appears from the character of the material or the circumstances of its dissemination that the subject Ratter is de- signed for a specially susceptible audience, the appeal of the subje_. matter shall be judged with reference to such audience. (4) 'Distribute" means to transfer possession, whether with or without consideration. (5) 'C rcially distribute" means to .transfer possession for valuable consideration. (6) 'Sexual conduct" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; (B� any contact between the female sex organ and the male sex organ ; (C any contact between a person's mouth or genitals and the anus or genitals of an animal or fowl ; or (D) patently ofdfensive representations of masturbation or excretory functions. 43.22. Obscene Display of Distribution (a) A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene raterial and is reckless about whet`'-r a person is present who will be offended or alarmed by the display or distribution. (b) An offense under this section is a Class C misdemeanor. 43.23. Commercial Obscenity (a) A person commits an offense if, knowing the content of the material : (1 ) he sells, commercially distributes , commercially exhibits, or possesses for sale, cor:aercial distribution, or commercial exhibition any obscene material ; (2) he presents or directs an obscene play, dance , or performance or participates in. that portion of the play, dance, or performance that makes it obscene; or (3) he hires, employs, or otherwise uses a person under the ace of 17 years to achieve any of the purposes set out in Subdivisions (1 ) any (2) of this subsection. (b) It is an affirmative defense to prosecution under this section that the obscene material was possessed by a person having scientific, educational , governiental , or other similar justification. (c) An offense under this section is. a Class B misdereanor unless committed under Subsection (a)(3) of this section, in which event it is a Class A misdemeanor. 43.24. Sale , Distribution, or Display of Ha mful Material to Minor (a) For purposes of this section;- (1} "Minor" means an individual younger than 17 years . (2) "Marmful''material' means material whose dom-inar,t theme taken as whole: (A) appeals to the prurient interest of a m-i no r, in sex, nudity or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is utterly without redeeming social value for minors. j b) A person cormits an offense if, knowing that the material is harmful : (1) and knowing the person is a minor, he sells , distributes , exhibits, or possesses for sale , distribution, or exhibition to a minor harmful material ; (2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarre d by the display; or (3) he hires , employes, or uses a minor to do or accomplish or assist in doing or accorzlishing any of the acts prohibited in Subsection (b) (1) of (b)(2) of this section. (c) It is a defense to prosecution under this section that: (1 ) the sale, distribution , or exhibition was by a person having scientific, educational , governmental , or other similar justifi- cation; .or (2) the sale accompanied distribution ,edby aconsenti exhibition ncparent, guardizn,aor�spousenor � J, was (d) An offense under this section is a Class A misdereanor unless it is committed under Subsection (bj(3) of this section in which event it is a felony of the third degree. The preceding has outlined the substantive limitations of that which can be found obscene in the State of Texas. The enforcement of those sections of the State Penal Code applying to obscene material is left to the discretion of the District and County Attorneys. The remainder of this report will concern the controls that the City may impose to regulate the adult-only industry through land use controls , licensing, ant measures to assure that minors will not be allowed to purcl-,ase or view the display of pornographic material in co rcial businesses. THE NATIONIAL PROBLEM/CITIES Urban areas across the nation are beginning a crackdogn on the growth of oriented businesses. Recent public outcries and national exposes have been forcing new evaluations of existing pornography law. This renewed attack on pornography is _A_ Partially founded upon the Supra Court decision in Y This decision, affinring the City of Detroits Young v Ar+,erican Mini Thai•,. Police power ability to zone ` entertainment, redefined the standards the co.--uni ty can use to appraise that ad:,1; material which is found to be adult entertainment and protected by the 1st any 14Lh Amendments of the U. S. Constitution. The f American lini Thea�ers following exempt fro,:. Young v ` makes clear the Supreme Court er+ ' view of adult ent and zoning; a �ainrent Though the First Amendment protects co=unication in cation pictures from suppression, the State may content of such pictures as the basis for 1 the area of adult them in a different classification f y legitimately use tie D acing theaters exhibiting for zoning Purposes. The ra-1 other r.Otion picture theaters Character of its neig!�bornoods adequately in the present and future imposed on the place where adult-fil p y b the e exhibited. bited. As a resultng v 0f�_ M,ini Tit �t several cities have initiated control t zoning Ordinances similar to Detroit's to coot he proliferation of sex Loolutlets, into incompatible areas of city develo Atlanta Pnent• Kansas City, Missouri and Georgia, are examples of cities recently to control the adult entertainment indu �mPiementing zoning ordinances stry. These cities have accepted the fact that there is i a large marital for adult enterta enforcing a zonin nment. 8y ir,.pTe!-,entin g an-4 g ordinance to control site location choices to those site r et'In certain minimum requirements, these cities have Banc i s --- Inc industry. However, this sanction does not entail a toned the adult entertainment condonation of co.-.mercial sex activities outside the control of land use Plannin g g activities. The problems with the proliferation of adult businesse growing, not onl sin major urban areas a,.? y in the volume of outlets, but also in new types of a Lilies that have attem led to use tonin duff businesse. P g ordinances to define explicitly each controlled adult entertainment business have found that constant update as the adult entertainmentthe ordinances are sub indus c try implements new techni r the dissemination of its product. The followinglist t illustrates sa"r es that could have a blighting effect upon a kinds of pornographic adult business the prc�l neighborhood if allowed to grow uncontrolled. The list also points to attempting to define each new adult business . P r--h J- Ad Alt aUsineece5 Adult bookstores picture theater (peep shows) Adult mini motion Adult motion picture theaters. Artists body painting studios Eating places with adult entertaimmnt Exotic photo studitopless Lounges and bars, Lounges and bars, bottomless Massage parlor Nude theater parlor Nude wrestling p en laws dealing with certain listed businesses , her busir.esses As cities strength the industry. For • •n the same or similar services have been invented by ^ providing arlors were tightened forcing example, in Bi rn,inghzm, laws governing massage p eshine shops , where you can lie dawn while getting your shoes close' As a resul t, sho opened. The Ei ty �a vidinq the same service as the massage parlor, wereecould not lie down shined and pro that a person then forced to adopt another ordinance requiring ton when massage parlors were et a shoeshine. Similar situations to occurred �n Boston entertainment businesses g und er attack. A quick metamorphosis was c,ade of adult enter studios and under the guise of sensitivity training parlors , nude wrestling These later c=_natation businesses were clearly�no^. exotic photography centers. ,z�. r.._ssage parlors , even though similar services Mere offered, and were not sut' to the massage parlor ordinances. regulate the adult -Two di stinctly different zoning techniques have been used to entertainment industry. They are: Massachusetts approach. In 1974 Boston was entertainment l , The Boston, Mass stampon the ad Bthe nation reatedta special zoning for adult bookstores, peep Boston c -'7- shows, x-rated movies and strip joints. This zone was a special overlay district applying to only seven acres of the City's space. The overlay zone had two main purposes: (A) The City wanted to concentrate sirr,ilar adult entertainment uses into a single small area; and (B) the City wanted to prevent the spread of these uses to other areas of the City. The district approach has certain advantages over a case by case zoning approach. Specific district boundaries are set and developrent standards are established. These two items when taken together reduce _ greatTy the administrative cost when compared to a case by case condi - tional or specific use permit requirement. The limited confines of the district boundary reduces the potential for new development. The district approach also reduces the opportunity for arbitrary and subjective de- cisions. The overlay district offers the potential to evaluate the total public • service impact of adult uses. The concentration in a single area allo%•rs for the review of relative cost and revenues to the City. Police costs will certainly be higher, as will related traffic and parking costs . These costs though can be determined. Permits can be required and the fees for these can reflect the true costs to the community. 2. The Detroit, Michigan approach. In 1972 Detroit implemented an ordinance designed primarily to prevent the development of additional "skid-rows". It was found that concentrations of various straight and pornographic uses were generally determinates of the deterioration of surrounding areas . t Detroit has two objectives: (A) to separate typical "skid-row" uses from each other; and (B) to keep these same uses separate from residential areas. These objectives lead to a single policy of dispersing "skid- rvw" uses and spreading them throughout the commercial and industrial areas of the City. After "skid-row" uses had been determined,* defined and subjected to a conditional permit process , they were allowed in only certain zones of the City and then only in sites meeting certain requirements. These two techniques and adaptations to then, are the only methods currently being used to control the location of adult entertainment activities. The Supreme Court in Youno v American Mini Theaters has upheld the approach that Detroit has implemented. No test has yet been made of the Boston method of controlling the spread of adult businesses. Recently the Boston "Combat Zone" (the seven acre overlay district) has obtained some notoriety as being a failure, with social end administrative costs exceeding a tolerable level . Both Detroit and Boston have chosen land use controls as their primary method of regulating adult businesses. Both use coincidentally a licensing regulation. _Q_ Other cities such as Santa Maria, California, have chosen licensing as their primary approach to regulating adult businesses. Licensing approaches have bed. adopted in order to maintain certain minimum standards at places of adult entertain- ment. The licensing mechanism is designed to regulate entertainment businesses which also provide food, alcoholic beverages or exhibition of the human body. Licensing outlines required performance standards and sets fees and required deposits as guarantees of compliance with the standard. ADULT ENTERTAINMENT IN AMARILLO • Several businesses in Amarillo cater either wholly or partially to the adult-only market. The attached map, LOCA710 : OF ADULT ENTERTAINM_NT IN AMARILLO , illustrates the general location of the majority of businesses whose activities include catering to the adult-only market. As the attached map indicates , adult businesses in Amarillo have generally tended to congregate into several areas in a strip fashion along major thoroughfares. The Amarillo Police Department in a statistical analysis of street trines (rape, robbery, all assaults , theft from persons, auto burglary, driving under the influence, public intoxication, vandalism and illegal weapons) found that the incidence of street crimes was significantly greater around the concentrations of adult-only businesses than the overall City average. The Police Department wen: further in their. analysis and noted that these street crimes were 2-1/2 times the City average in the immediate vicinity of alcohol only adult businesses, and 1-1/2 times the City average immediately surrounding businesses featuring alcohol and semi-nude entertainment. In reviewind these facts relative to crime in the vicinity of adult businesses , the reader should be aware that adult-only establishments , especially alcohol only lounges , have tended to concentrate in several areas r while lounges featuring semi-nude entertainment are fewer in number and have tended to somewhat isolate themselves from other adult-only establishments. -17 1 ' Lo = • ••1 jr=� - --� Ivy — ILI- 3 M ! IM r 1 s w•a " i _ o Lq M Z , UAA • Ati Outlets for adult-only material in the City include several book stores , dr stores , grocery stores , etc. , with sections of books and magazines featuring n and nonexplicit sexual activity. Pornograahic publications featuring nudity with explicit sexual activity, are available within the City in only seven known loca- tions , three being adult theaters with books, magazines, novelties and peep shows. Thege are dispersed lineally across the CB0 and its fringe. There. are also four book stores that devote space to publications featuring pornography with explicit sexual activity. No attempt has been made to locate all activities featuring minilra' amounts of pornographic publications. As can be discerned from this overview of the extent of pornography distribu- tion within the City, our current problem is not great. However, the following paraphrased statement concerning Mason City, Iowa, illustrates the potential for grawth of the adult entertainment industry. Between 1963 and 1964 go-go dancers gradually began to appear in the Jounces and bars of the town. By 1965 the dancers were topless. In 1973 the City received an application for its first adult moviehouse license. The license was refused (probably by an arbitrary and subjective decision) . The applicant filed a judicial appeal and won the case forcing the City to grant the license. In 1973 an adult book store opened, cor..ple:e with sex novelties and movies. Also in 1973 a popular lounge hired totally nude dancers. Four competi tors loon followed suit. Finally the City gained its first massage parlor. . There is no reason to assume that A."rillo will be exempt from a growth or adult oriented businesses similar to Mason City. The lack of any valid City rechtnism to control and regulate the anticipated growth could lead to (a) concentrations of adult entertainment businesses creating a .crime incidence condition equal to or greater than the current situation around concentrations of alcohol only businesses , and (b) a proliferation of adult entertainment businesses in and around residential areas and other family or juvenile oriented activities. -11- CONTROL KE ANIS"S OF ADULT BUSINESSES IN AMARILLO POSSIBLE businesses in Amarillo are comprised of taverns , lounges , lounges wits se^i-nude entertainment, adult bookstores and adult theaters. Various state and local laws currently regulate to certain extents each of these uses. The Texas Liquor Control Act regulates all businesses selling alcoholic beverages , after local .option-approval , through a licensing procedure. These same businesses Trust also be licensed by the City and must conform to zoning and occupancy requirement-s . Those businesses that feature semi-nude entertainment are also controlled by Fenal Code Section 21 .07, 21.08, and 43.23 (Public Lewdness , Indecent Exposure, and Core rci al Obscenity) and City Ordinance 13.29 (Operation Regulations ; grcur ds for revocation , violations of Dance Establishments). Purveyors of adult printed and celluloid naterial are controlled only by Penal Code Sections 43.22, 42.232 and 43.24 and general zoning and occupancy requirements. While the above state and local ordinances work to regulate portions of the adult entertainment industry, they are at best a piecemeal approach. For example, the enforcement of Chapters 21 and 433, of the Penal Code through the appropriate court, is generally a slow and tedious process requiring manpower that is not avail- able for this type of low priority victimless crime. The maintenance of the minimu:7 requirements of the Texas Liquor Control Act and the various local laws regulating the sale of alcoholic beverages are only a means to maintain certain standards er operation in taverns , lounges , etc. The general zoning regulations which currently restrict adult businesses are not designed for the particular land use impacts resulting from the adult businesses. These impacts range from late night hours o; operation and resulting noise , traffic, lighting, etc. , to increases in crime rates irm—diately surrounding the businesses. Bypassing the intrinsic limitations of enforcement of the Penal Code, an apprroE to a more definite control of these businesses is through a strengthening of zoning regulations specifically defined to moderate the land use impact of adult-only businesses. Coincidentally with the improved zoning re"lulations, a license a permit mechanism can be implemented. This mechanism can set and require co _ with minimum standards of operation for various adult businesses and recover actual or expected expenses incurred in their enforcement through annual permit fees. Th.ese fees can reimburse the City for the added costs of police patrols, improved streets , additional street lighting to reduce accident and crimp_ potential, routine CIzy cent inspection, etc. These measures would generally be applied to all adult-only businesses . tic infringement upon their constitutional rights would result from compliance with a zoning and licensing nechanisc designed to rrinir..ize the land use and scCI impacts of adult-only businesses. Zoning regulations specifically designed to. restrict adult-only businesses can serve the following purposes: 1 . Assure a land use compatability between the adult use and the surrounding land use. 2. Require that certain minimum density standards for adult uses are maintained. 3. Require the amortized termination of those adult uses not currently meeting either or both of the proceeding zoning purposes. Licensing adult-only businesses can serve the following purposes: 1 . Maintain a record of business , location, owner, etc. 2. Assure that certain performance requirements are r.et, such as hours of operation, maintenance of employment standards and compliance with all laws governing material sold or displayed by the business . 3. Provide a method by which the City can recoup any expenditures for public services required above the city average exclusive of the licensed business type. Performance standards can include a provision for adrinistrative revocation of an adult business license for any noncompliance with a performance standard. This revocation of license would not necessarily be supported by conviction or state criminal charge against the license holder. The basis for the revocation would be for violation of the performance standards as defined explicitly 4oulshe City Code's standards for operations of an adult business. Performance stands-c= d of course be required to vary in content relative to controlled adult business ty: Adult business licenses should not attempt to regulate the land use effect of the use on the neighborhood or community, but should be utilized to assure per=or^- ance at a certain standard, to maintain an accurate- record of business locations, and to provide fees to the City for services above the average. By maintaining a clear distinction between the requirements of a license and the zoninc ordinance the entire control mechanism is strenathened. The pre ceeding portion of this section has dealt with the regulation of businesses that totally restrict entry, sale, -and view-ing of products to adults only. Methods to control the ease of view of generally distributed pornographic material are numerous and not detailed explicitly in this report. Briefly though, methods to control the -41solay of this material range from requiring the display to be in separate rooms ith an enforceable and enforced restricted admittance, to simply covering the entire publication with an opaque slip cover with the publication's name printed on the cover. The control of the display and sale of pornographic material through a City Ordinance licensing mechanism would work to protect minors from harmful material (Section 43.24) and adults who would be offended by certain displays of pornographic material (Section 43.22) generally available for the public's view. SU?INARY AND FINOING The analysis of the impacts of adult-only businesses upon surrounding land uses indicates that these businesses do have effects that can be distinguished from other uses allowed in like zoning districts. The following identifies two causal factors isolated in this preliminary analysis: 1 . The Amarillo Police Department's statistical survey of street crime in the vicinity of adult-only business indicates that crime rates are considerably above the City's average immediately surrounding the adult-only businesses analyzed. 2. Concentrations of these adult-only activities have detrimental effects upon surrounding residential and commercial ac�ivi ties . These effects are caused by (a) the noise, lighting and traffic generated by the pedestrian and vehicular traffic frequenting these businesses whose primary hours of operation are frog late evening to late night, (b) the increased opportunity for "street crimes" in areas with high pedestrian traffic, and (c) the tendency to avoid areas where adult businesses (especially pornographic) are established. This avoidance and other factors can lead to the deterioration of surrounding commercial and residential activities. Other cities have noted these effects of adult-only businesses and have atter:;te= re-adies to the problem. Boston, Massachusetts, has concentrated all adult uses into a single area of the City. Detroit, Michigan, has dispersed adult uses throughout the city to sites that meet certain minimum land use require-ents. Both of these cities have adopted zoning ordinances that restrict location choices of adult bock stores, theaters, cabarets, etc. Their ordinances are limited to those activities t! at definitely do not fall under penal cods control . The City of Los Angeles study on adult entertainment includes a consideration for the zoning control of other adult, oriented activities including massage parlors, nude modeling studios , ad motels , arcades , etc. Los Angeles has disregarded the question of legitimacy and has suggested zoning those adult businesses as recognized existing land uses. Detroit has implemented an ordinance which requires that adult entertain„-ar.t businesses not be located within 500 feet of residentially zoned areas , or within 1000 feet of another regulated use. In Amarillo, adult uses are currently allowed in general retail and all less restrictive zoning districts. If Amarillo adopted an ordinance with space requires-wents between regulated uses and residential zores similar to that of Detroit, the nurber of potential sites for adult businesses would be severely limited. This method,liriting severely the potential site choices of adult businesses , would probably not be upheld by the Courts. The limitation of site choices would be caused by the narrow cor:ercial strip developments less than 500 feet wide along most of Amarillo's major throughfares. Also, this a. acn would probably tend to concentrate adult activities into the.central business district and a few industrial areas. -15- =N ATIONS FOR THE CONTROL 0= AOULT-C';+_!' BUSINESSES I'; AMA_RILLO If the Planning and Zoning Commission and City Commission should find from to data presented in this report that there exists sufficient need to control aduit- only businesses . and businesses which display generally circulated pornographic caterial , the Planning Department would reco.:rnend the following: A. -Any zoning ordinance amendments proposed to regulate adult busin_sses should not attempt to define individual activities but should instead regulate the sate location choices of all businesses that restrict sale, display or entry based upon a minimum age, and not consider the legitimacy of the use. B. The potential site location choices for adult-only uses should be dispersed rather than concentrated. This distance should be measured radially from property line to property line and should be.at least 1 ,000 feet. Requirements designed to maintain the integrity of residential zones and other areas where the- there is considerable traffic in juvenile or family oriented activities should be adequate for the purpose but should not be overly restrictive. C. Should the City develop amendments to the Code of Ordinances designed to control the site location choices of adult entertainment businesses, it may be desirable to specify an amortized termination schedule for any existing adult business which does not meet the minimum site location standards as specified in the Ordinance. D. Concurrent with any zoning ordinance revisions designed to control adult uses , a permit and license mechanism should also be developed. The minimum operational standards specified by the license will vary according to the type of business to be regulated. E. Any zoning ordinance amendments concerned with adult businesses should provide ` provisions to regulate signs and sinilar forms of advertising. F. The CityCo=i i ss on should encourage a vigorous enforcement of the State Penal Code to remove illegitimate uses. Especially important' is that portion of the -16- Penal Code which protects minors fror., all pornocra-hic material . The City should impose specific amend-tents to the Code of Ordinances requiring busin (a publicly displaying generally circulated pornographic material to prohibit minors, by an enforced physical barrier, from viewing or purchasing pornogra:tic material . If the City Commission, following a recommendation from the Planning and Zoning Commission, finds the necessity to control adult-only businesses and the public display of generally circulated pornographic material , all ar,,end.-ents to the Code of Ordinances should be prepared as a total package and sub-mitted to the Planning and Zoning Commission for preliminary review,, before action by the City Cormnission. The Planning and Zoning Comrission review should have the intention of assuring the purpose and continuity of each amendment to the overall goal of regulating these adult businesses and adult material displays. 1 Zoning for the Pornographic Arts , City Developrent Department, August, 1976 , Kansas City, Missouri 2 The cases reviewed in depth were: A. Young v American Mini Theaters, Inc. , 96 S. Ct. 2440 (1976) . This was the Supreme Court review of the City of Detroit zoning ordinance which regulate (a) the proximity of adult uses to residential zones, (b) the proximity of adult uses to other areas where heavy traffic or concentrations of minors were found and (c) the density of adult businesses. The Court held that a city has the authority to control the location and density of adult entertain- ment businesses based on its police power right and duty to protect the health, safety and welfare of its citizenry. B. Miller v California, 93 S. Ct. 2607 (1973). This decision laid down the most recent standard for determining what is obscene. This decision is the basis for the Texas Penal Code Chapter 43, Public Indecency. C. Smith v United States , 97 S. Ct. 1756 (1977) , Paris Adult Theatre I v Slatcn, 93 S. Ct. 2629 (1973) , and Roth v United States , , S. Ct. 1304 951 . These earlier decisions were reviewed in order to determine the history of restrictions upon 1st Amendment guarantees. This review revealed that in effect the Court is ruling on the controversial problem of obscenity and state community standards determining prurient appeal and patent offensiveness on a case by case basis. 3 Amended by Act 1975, 64th Leg. , p 372, Ch. 163, 1 1 , off. Septerber 1 , 1975. 4 Acts 1973, 63rd Leg., p 883, Ch. 399, j 1 , off. January 1 , 1974. 5 U.S. News b World Report, September 13, 1976, p. 76. 6 Time, April 5, 1976. No Text CITY OF BEAUMONT, TEXA: r TO: Planning Commission and City Counci' FROM: Planning Department Eaj mt SUBJECT: Regulation of Adult Uses;- REVISED September 14, 1982 Issues and Analysis At present, the Zoning Ordinance d Hance of the City of Beaumont regulates certain adult uses by establishing a set of "special conditions" that must be met before such uses may be approved. By adult uses, the ordinance refers to "adult bookstores," "adult motion picture theaters," and other adult uses such as massage parlors or nude modeling or photography studios. The definition of an adult use is tied to situations where minors, by virtue of ace, are excluded from the premises. This approach was used to elimi- nate the need to make individual subjective judgements and to take advan- Cage of Texas Statutes concerning the sale , distribution or display of harmful materiai to minors. The special conditions which must be met before an adult use can be permitted are: (a) An adult use shall not be located within five hundred (500) feet of the district boundary line of any residential zoning district. - (b) An adult use shall not be established or �� ) A expanded within three hundred (-00 feet of any other adult bookstore , adult theater, bar, pool hall , or liquor store. (c) An adult use shall not be established or expanded within. one I thousand (1000) feet of the -ate.'' property line of a church , schocl , public park or"other recreational faci i i ty wherE r.i nc.rs c or. :•C- - Ur,fort unately, these special conditions do not apply to eating or drinking places which offer live entertainr*-tit that would norr,ally be cor:sid:red as an adult use. It is the position of the planning staff that eating or r'rir:kir,e places which have entertainment such as exotic dancers , str;rpErs , t o-�-ao airls , and other similar activities f rorr: which minors are excluded by virtue of age under the laws of Texas unless accompanied by a consenting ( parent , Guardian or spouse, should be considered and classified as adult {_ uses. This would necessitate amending the Zoning ordinance. Currently, all adult uses recognized in the zoning ordinance are allowed in the General Co:, ��ercial - Muitiple Dwelling Districts (GC-MD) only with a ; specific use permit. They are permitted in the C-M, LI , and HI Districts as a use of right. If and only if all of the .following conditions are found then the City Council is reauired to issue a specific use permit for adult uses in a GC-MD District: Adult Uses Page 2 Issues and Analysis (cont'd) 1) That the specific use will be compatible with and not i _ injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within vicinity; j2) That the establishment of the specific use will not impede the normal and orderly development and improvement of sur- rounding vacant property; 3) That adequate utilities, access roads drainage a Wage and other j necessary supporting facilities have been or will be. provided; 4) The design, location and arrangement of all driveways and parking Y P 9 spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; - �� 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes , dust, noise and vibration; 6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties ; 1 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8) That the proposed use is in accordance with the comprehensive plan. . From a planning perspective, the key conditions to the analysis of a request for a specific use permit are conditions il and #2. As a general rule, uses which are permitted in a zoning district only with a specific use permit have unusual nuisance characteristics which often are incompatible or injurious to the uses that are permitted as a right in the same zoning district. If unregulated, these incompatible uses r--ay significantly diminish or impair area property values and inpede the nor ..,al and orderly development of surrounding areas. The requirement that adult uses must qualify for a specific use, permit in a GC-MD District is justified on the basis of local analysis, and reference to studies on the subject prepared by the City Development bv4t. of Vansas City Missouri , the Planning Department of the City of Amarillo, the City of Detroit, and the Planning Advisory Service of the American Planning Association. The City of Detroit adopted adult use regulations in 1972 as part of an "Anti-Skid Row Ordinance" that prohibited locating adult uses within 500- Lfeet of a residential area or within 1000 feet of any two other "regulated" uses. The term "regulated uses" applied to 10 different kinds of establish- Adult Uses Page 3 ` Issues and Analysis (cont'd) ments including adult theaters, adult bookstores , cabarets, bars, taxi dance halls and hotels. Detroit subsequently amended its ordinance as a result of a District Court ruling by prohibiting the location of adult j uses within 500-feet of a residential zoning district instead- of any resi- dential area. Adult entertainment establishments were added to the "Anti-Skid Row Ordinance" by the City of Detroit because of evidence of the adverse socio- economic and blighting impact that such uses have. "That evidence consisted of reports and affidavits from sociologists and urban planning experts, as well as some laymen, on the cycle of decay that had been started in areas of other cities, and that could be expected in Detroit, from the influx and concentration of such establishments. "I i In Texas, the Planning Department of the City of Amarillo has prepared and Published a study entitled "A Report on Zoning and Other Methods of Regula- ting Adult Entertainment Uses in Amarillo." The essence of the report-was that adult entertainment uses have impacts upon surrounding land uses that P` are distinguished from other businesses permitted in the same zoning dis- tricts. The foil-owing are two of the causal factors identified in their analysis of adult entertainment uses. 1. The Amarillo Police Department' s statistical survey of street crime in the vicinity of adult-only business r indicates that crime rates are considerably above l the City'.; average immediately surrounding the adult- only businesses analyzed. Z. Concentrations of these adult-only activities have detri- mental effects upon surrounding residential and comm er- cial activities. These effects are caused by (a) the noise, lighting and traffic generated by the pedestrian and vehicular traffic frequenting these businesses whose primary ?Yours of operation are from, late evening to late night, (b) the increased opportunity for "street crimes" in areas with high pedestrian traffic, and (c) the tendency to avoid areas where adult businesses (especially pornographic) are established. This avoidance and other factors can lead to the deteriora- t tion of surrounding commercial and residential activities.2 t The analysis of the adverse impact of adult entertainment uses provided for the City of Amarillo is consistent with local experiences here in L ` Beaumont. The local consequences of the concentration of adult entertainment uses was clearly illustrated in the "Corn;e rcial 'Revitalization Plan for the Charlton-Pollard Neighborhood" which was prepared by the Planning Department in May of 1981. This plan was prepared as a "demonstration project" under L a grant from the Economic Development Administration and was developed to • �--- -- Adult Uses -- Page 4 Issues and Analysis (cont'd) be used as a model or prototype for the revitalization of other areas that have experienced commercial deterioration, neglect and disinvestment. The major points of the flan which have bearing on this report are as follows: "The concentration of bars, lounges , and package stores on Irving Street represents a semi-developed adult entertainment zone. Adult entertainment uses tend to have a "skid-row effect" on ad- joining properties and, when concentrated, often result in deteriorating residential and commercial property values , higher crime rates and depressed neighborhood living conditions. 1 - Between 1970 and 1980 the total number of businesses located on 1 Irving declined from 23 to 19. At the same time the number of package stores and lounges increased from 6 to 9. Neighborhood commercial uses such as washaterias , restaurants , and grocery I stores left the area and were partially replaced b 1 shops and car washes. Y lounges, body - - The character of commercial development along Irvin has h 9 changed in recent years from neighborhood c . .,ercial to highway or nuisance commercial with a high degree of incompatibility. - The high incidence of lounges and package stores on Irving actually discourages the retention or new develop-rent of neighborhood coc- mercial uses and is not conducive to ,oeighborhood co .Jercial revitalization. "3 The plan described in detail the downhill economic decline in this neig`bor- hood which was caused by the presence and concentration _of adult entertain- ment uses. Neighborhood convenience commercial establishments which were needed to meet the market demands of the residents in the area w=re driven �- away by the growing presence of these incompatible uses. Many residents in the area who were forrrr shoppers testified that they and their children were threatened and verbally abused by the customers of the various adult L entertainrent uses and they feared for their safety and well-being. This experience is consistent with the evidence used by the City of Detroit in deciding to disperse and regulate the locational asrects of adult enter-tainment cases. This local experience also was the basis for the recorm- L mcndation by the Planning Department that ". . . the adult nuisance uses in the. area which are not compatible with either residential or convenience commer- cial development and which diminish the chances for 1 local economic revitalization should a amortized out and removed at the earliest opportunity. " he Police Department of the City of Beaumont has concluded that adult uses tsuch aars , lounges or taverns , and especially those featuring such sex- ally-oriented activities as exotic dancers and go-go girls , are the frequent cene of,illegal sexual .activities such as prostitution and the sale and s b use of narcotics. Criminal activity in an area with adult uses is above Adult Uses ----- Page 5 Issues and Analysis (cont'd) faverage and is often attributable to the need of drug users to obtain money to finance the purchase of narcotics. Crimes against persons, such as mugging, are also above average in such areas. The bunching or grouping of adult uses has an even greater adverse impact. The character of the area attracts a distinct class of people and a crimi- nal element. It results in a reinforcing multiplier effect on criminal behavior and leads to -a higher incidence of crime. The preservation .of residential neighborhoods and business districts against the deteriorating influence of crime and blight ranks among the highest functions that city dwellers expect its planners , commissioners and elected officials to perform. Current zoning reoulations in Beaumont are not adequate .to control the adverse impact of sexually-oriented adult uses on surrounding residential areas or to prevent commercial-- deterioration and blight. ' In deciding -what additional minimum regulations of adult uses are needed to protect the residents of the City of Beaumont, it is significant to note the i recent efforts of the City of Galveston to regulate adult uses. The City of Galveston permits adult motion picture theaters and adult book stores in commercial and- industrial zoning districts but only with a specific use permit. In addition, these adult uses are not permitted within 500 feet of any residential zoning district or within 1000 feet of the property line � Y of a church, school , public park or recreational facility where minors con- gregate. The legal validity of the Galveston Ordinance which has some similarities with the Beaumont Zoning Ordinance was upheld in District Court. However, upon subsequent appeal , the decision of the District Court was reversed. It was the opinion of the Fifth Circuit of the United States Court of Appeals that the Galveston Ordinance went too far in that, under the guise of regulation, it banned theaters from showing notion pictures for adult audiences.5 The decision of the Fifth Circuit Court is a clear warning to local governments that they cannot adopt regulations which have the affect of banning adult uses. LSummation and Reco-r=endations There is clear and convincing documented evidence tF,at adult entertainment uses , because of their very nature , have serious objectionable operational characteristics , particularly when several of them are concentrated, that produce or result in a deleterious effect upon adjacent areas and the surrounding neighborhood. Special regulation of these uses is necessary to ensure that these adverse affects are minirized and controlled so as not to contribute to the blighting or downgrading of adjacent property and the surrounding neighborhood. At present, Section 30-33.B.2) of the Beaumont Zoning Ordinance establishes LL special conditions for adult bookstores, adult motion picture theaters and other adult uses such as massage parlors , nude mode Ting or photography studios. The planning staff recommends tha.t,these .special conditions should r Adult Uses Page 6 S f4l Summation and Recommendations (cont'd ( also be applied to eating or drinking places which offer. live entertainment " - r from which minors are excluded under the laws of Texas unless accompanied by a consenting parent, guardian or spouse. In addition, the planning staff recommends that a specific use 'permit should be required for all adult entertainment uses in the GC-MD District. In particular, Section 30-33.B.2) would be &mended by adding the following condition: d) Because adult uses generally have unusual nuisance character- istics which can be incompatible and injurious to other com- mercial or residential uses and which may significantly diminish or impair area property values and impede-the normal ( and orderly development of surrounding areas, a specific use 1 permit shall be required when the proposed use is to be located in a GC-MD, General Commercial - Multiple Family ( Dwelling district. { The planning staff would also recomrend that condition "c)" in Section 30-33.B.2 which prohibits an adult use being established or expanded- within 1000 feet of the property line of a church, school , public park or other recreational facility where minors congregate be reduced to 750. The reduction is recorrnended ;after consultation with the Legal Department concerning the impact of the decision of the Fifth Circuit Appeal Court on I the Galveston Zoning Ordinance. The planning staff has prepared a series of mars which will be presented at the public hearing which demonstrate that with this proposed- reduction in separation between uses that there are nu:r,Erous c „ercially viable locations for adult entertainment uses. These text amendments do not represent an attempt to ban adult entertainment uses from the City of Beaumont. FOOTNOTES V. r�r,c t"�c.-�: 1�!ir: T"rEa�reF, Inc., 96 S.Ct. 2440 ( 1976) . 2l,A Report epo on Zoning and Other Methods of Regulating Adult Entertain- m+�nt in Amarillo," Planning Department -_ City of Finari 1 lo, Texas .( 1.977) , pp. 14-15. 31,Con-ercial Revitalization Plan for the Charlton-Pollard Neighborhood," Planning Department - City of Beaumont, Texas ( 1981) . L �- 41lMemo on Neiahborhood Corner i c al Revitalization Plan for the Charlton- Pollard Neighborhood," Planning Department - City of Beaumont (June 23, 1982). 5dasiardanes V. City of CaZveston,`6821F.2d 1203 _ (1982) . f j � p3 HOUSTON CITY COUNCIL COMMITTEE ON THE. PROPOSED REGULATION OF SEXUALLY ORIENTED'SUS INESSES LEGISLATIVE REPORT ON AN ORDINANCE AMENDING SECTION 28-73 OF THE CODE OF ORDINANCES OF THE CITY OF HOUSTON# TEXAS; PROVIDING FOR THE REGULATION OF SEXUALLY ORIENTED COMMERCIAL ENTERPRISES, ADULT BOOXSTORES, ADULT MOVIE. THEATRES AND MASSAGE. ESTABLISHMENTS; AND MAKING VARIOUS PROVISIONS AND FINDINGS RELATING TO THE SUBJECT ' O 'J53� 2 C", I � COMMITTEE ON THE PROPOSED REGULATION OF SEXUALLY ORIENTED BUSINESSES LEGISLATIVE REPORT INTRODUCTION This Legislative Report has been prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses as a summary of the Committee 's work in. preparing the draft ordinance which has been submitted to the Houston City Council for consid- eration. This Report briefly sketches some of the most signifi- cant aspects of the history -of the Committee, summarizes prior efforts at the regulation of sexually oriented businesses both in Houston and elsewhere, recapitulates the principal themes heard in the public testimony taken by the Committee, and offers a brief section-by-section analysis of the proposed ordinance . This Report has not been drafted as a legal treatise on the regulation of sexually oriented businesses. Certainly consider- able care was taken by the Committee to consult with the Legal Department at every step of the legislative process. Representa- tives of the Legal Department actually drafted the language of the ordinance pursuant to the directions of, and in consultati with, the Committee. However, the various legal issues rais during the Committee's deliberations are dealt with here from the lafman's, not the lawyer' s perspective, although it is the lawyer's perspective that undergirds the. ordinance. The purpose V of this Report is to explain to members of Council, and to the general public, what the Committee has recommended, and why, in the plainest possible language. For the same reason, this Report is not filled with footnotes, although all of the informa- tion is drawn from the materials and transcripts compiled by the Connittee, and available as a matter of public record. CRIGINIS AND ESTABLISHMENT OF THE COMMITTFE. On September 27, 1982, Mayor Kathryn J. Whitmire of the City of Houston announced the formation of a special committee of Council Members for the purpose of determining the need for and appropriate means of regulating sexually oriented businesses in Eouston. This Council Committee on the Proposed Regulation of _ Sexually Oriented Businesses was composed of Council Members Dale M. Gorczynski, who represents District H, Council Member George Greanias, who represents District C, and Council Member Christin Hartung, who represents District G. Mayor Whitmire appointed Council Member Greanias to serve as chair of the Committee. The Committee was formed by the Mayor in response to grow community concerns about the proliferation of sexually oriente c Sexually Oriented Businesses page 2 •• musinesses in Houston. This concern had been summarized in a memorandum from Council Member Greanias to the Mayor on September 20 , 1982: 'Given its healthy economic climate and a legal environment that is, despite our identification with the Bible Belt, laissez faire on most sexual matters, Houston has long been an attractive environment for sexually oriented businesses. . 'Since Houston is not zoned, these sexually oriented businesses are located anywhere and every- where, oftentimes near, residential areas, or near schools, - churches, or public parks. Their locations are frequently marked by garish or enticing signage. The effect on the ability of neighborhoods and comer- vial areas to retain their identity after the opening of such businesses in the area has been extremely adverse. Moreover, the establishment of one such business in an area has often led to the opening of another, in a rathekI'jerverse example of synergy. Finally, there is a growing body of evidence to suggest that there are substantial links between at least some ' of these businesses and various forms of organized crime. .' The memorandum from Council Member Greanias made clear that in his mind at least the issue was not one of morality, or of passing judgment on the lifestyle of any individual, but of reasonable land use controls versus the rights and privileges of the individual: 'The importance of the city' s ability to deal meaningfully with the issue of sexually oriented businesses should not be underestimated. To some it may seem a parochial question, relevant only to those who live in areas where sexually oriented businesses have located; to others it may appear just one more item on the agenda of those who are convinced that the city is in the terminal throes of sexual degradation on every front. 'But the problem imposed by these sexually oriented businesses is much broader in its implica- tions, and runs directly to the heart of our present policies on land use. Does our decision not to impose zoning carry with it the requirement that we not seek to moderate the influence of sexually oriented busi- messes on our neighborhoods, whatever the consequences for the stability and quality of those neighborhoods? Sexually Oriented Businesses Page 3 • Does our decision not to impose zoning tie our hands in t IL dealing with the collateral criminal activity that NNOAP apparently attaches to some of these operations?" At the same time, the initial memorandum from Council Member Greanias to Mayor Whitmire underscored r problem for which the Committee was to show great concern during the course of its deliberations: 'There is also another, equally important question: Does our desire to protect the freedom and privacy of the individual, and to permit that indi- vidual to pursue his or- her life without inhibition, mean that we are proscribed from taking any actions that while not significantly infringing on those rights nevertheless sets a standard for the community as a whole?' It was these questions that formed the heart of the Committee's inquiry during 4-ts ._one year of existence. The Committee believes that these 'questions have been successfully addressed in the proposed ordinance that has been presented to Council for its consideration. ' OPERATION OF THE COMMITTEE ' Methodologz. The Committee conducted its work in several phases. The first phase, which was carried out in November and December of 1982, involved a series ubl'c hearin s in several parts of the city, as wellas at City all. There were three regional hearings and one hearing in City Council Chambers. The first hearing was held at Spring hoods Senior High School on November S. 1982. The second hearing was held at Berean Baptist Church on November 22, 1982. The third hearing was held at Bering Methodist Church on December 5, 1982. The fourth and final session in this first series of hearings was held in City Council Chambers on December 15, 1982. (During the course of these hearings, several comments were made about choosing churches as the sites for some of the hearings. The Committee chose -these locations not because of their religious significance, but because they had a history of being used for community affairs, their locations were well known to the general public, and access to each such site was convenient from various places around the city. ) After the first set of hearings had been completed, the Committee went into executive sessions for a period of approxi- mately three months, fro 5 ate er of 1982 until the eaf' part of April 1983. During that time, the Committee met w representatives of the Legal Department to review the testimo Sexually Oriented Businesses I. i Page 4' ' Cgathered in the initial hearings, as well as to discuss the ' results of staff researph on the subject . Among those partic- ipating in* this work were Messrs. John Whittington, Robert Collins, Charles Williams, and Adam Silverman from the Legal Department of the City of Houston, rent Speer, John Elsenhans and Michael McEachern from the office of Council Member George Greanias, Fred Harper from the office of Council Member Christin Hartung, and Nancy Brame from the office of Council Member Dale Gorczynski. Francis J. Coleman, Jr. , City Attorney for the City of Houston, also participated in these conversations from time to time. On May 6, 1963, the Committee published the results of its efforts: a draft of a proposed ordinance regulating sexually oriented businesses in the City of Houston. At the time that the Committee published its draft ordinance, further hg.arings were announced at which the Coa i tee would solicit testimony on the ordinance as proposed. These hearings -- originally planned to be three in number -- werr :.held .pn Wednesday, May 15, 2983, Wednesday, May 22, 1983, arid` Thursday, May 24 , 1983 , in City Council Chambers. A fourth hearing, not originally planned, was held on Thursday, June 16, 1983. (awe, Based upon these further public hearings, the Committee then went back into executive n w'th its legal counsel and other aa e or c The changes tom f nsnh made pursuant e p c comments are noted in the commentary on the specific ordinance provisions themselves. An additional word is perhaps warranted on the decision of the Committee generally not to meet with individuals and groups apart from the public se ns. It was determined early on that an ordinance such as that being considered by the Committee, with its potential for controversy, should not be subject to private bargaining between individuals or businesses and members of the Committee behind closed doors. It was felt by all members of the Committee that it would be far more preferable to gather all testimony and evidence in a public forum, and then reflectively to consider the information without conferral with private parties. At the same time, the Committee felt that its executive deliberations were justified in encouraging the free flow of discussion of ideas and sensitive concepts, knowing that the . entire work product would be subject to the public comment, review and debate inherent in the Committee's procedures and the processes of Council. The Committee also felt it imperative not to become subject U-to demands for quick action at the price of working with deliber- te speed towards its goals. It is for this reason that the original date scheduled for submission to Council of a draft a J • Sexually Oriented Businesses Page 5 version of an ordinance was moved from January 25 to July 1v. (This date was pushed back several more times , and for similar . reasons, before the ordinance was finally submitted to Council. ) It was for this same reason that additional hearings were scheduled during the second phase of the public sessions . Likewise, the Committee decided to request that the proposed ordinance be considered during the course of three readings , as contrasted with the normal procedure of suspending the three-reading practice and passing ordinances -- even those oftentimes having major effects on the city -- on an emergency basis in just one reading. Throughout its work, the goal of the Committee was to assure ample ventilation of all points of view, the thoroughgoing examination of all of the very difficult questions involved, and as complete an understanding as possible by all parties of the issues confronting the Committee and the solutions arrived at. Analysis of Testimony, The hearings held by the Committee on the Proposed Regulation of Sexually Oriented Businesses were among the most extensive suer .head by any committee of the Houston City Council. The hearings were open to all persons who wished to testify, and the Committee made no attempt to limit the type of remarks made to the Committee or to censor those remarks ' in any way. (At this point it should be noted that the Committee (,,) also accepted written comments from anyone, regardless of whether they testified in person. Such comments became part of the Com:-nittee's public record as a matter of course. ) However, a \clear distinction should be drawn between the Committee's will- ingness to permit full expression of diverse views -- a willing- ness that is reflected in the transcript of the hearings -- and any wholesale incorporation of those remarks by the Committee into the ordinance proposed to Council. Indeed, a chief function of the Committee was to evaluate the testimony, and to set aside those comments seen as not germane to the issues at hand or not dealing with problems, addressing instead those issues within the rightful purview of the city. Thus, although there were a substantial number of witnesses expressing a fundamentalist opposition to what those witnesses deemed obscenity and pornography, the Committee chose -- and in fact made clear during the hearings -- to focus its efforts on land use issues rather than questions of pornography and ob- scenity. Similarly, a number, of witnesses made comments adverse to the operation of gay bars. Again it was pointed out to those witnesses that such establishments were not necessarily within the working definition of a 'sexually oriented business' (a definition that was modified over time as the ordinance was further refined) and therefore not a subject in themselves to be dealt with in the proposed ordinance. Finally, a number of (400111witnesses made statements and proposals that would effectively ' Sexually Oriented Businesses Page 6 ban all sexually oriented businesses, as that phrase is broa defined. The Committee made it clear, both during the hearings - and afterwards, that it was not the intention of the Committee to propose any ordinance that would be subject to a successful court challenge because it either directly or indirectly for for that matter inadvertently) eliminated the opportunities for such businesses to exist in the City of Houston. With these comments by way of preface, it is useful to review briefly the principal points made during the hearings and later relied upon by the Committee in the drafting of the proposed ordinance. Further comments on the use of the testimony in the development of the various ordinance provisions can be found in the section by section analysis of the ordinance that concludes this Report. Th �irstpoint made by many witnesses that seemed of merit to the Committee was that sexually oriented businesses, while a nuisance and not necessarily representative of the desires or activities of a majority of-Houstonians, nonetheless have a right to exist. The rights of individuals were a theme in the testi- mony of a number of the witnesses. The willingness of Houstonians to 'live and let live" was reinforced in the finding- of a Houston attitudes survey conducted by Dr. Steven Klinebe of Rice University# along with others. Briefly put, that stu concluded that Houstonians were loath to support restrictions on personal behavior. Among those witnesses Whose testimony was seen as most helpful by the Committee, the majority of such witnesses were generally solicitous of individual and minority rights, not anxious to impose any community standard of conduct on unwilling individuals, and concerned with merely striking an appropriate balance between the needs of the community at large and the rights of individuals to do as they please. The ''' .�,"�' point made by many of the witnesses to whose testimony the Commmittee repeatedly referred during its delibera- tions was that while these businesses might have the right to exist, protection of their rights could be consistent with effective regulatory restrictions that would minimize the adverse consequences of those businesses to adjacent areas and activ- ities. These witnesses -- many of them individuals who had direct personal experience of these businesses in their neighbor- hoods, or representatives of civic organizations that had had many dealings with the problems created by such businesses -- stated - that while the businesses might have a right to exist , steps could be taken that, while not unduly restrictive of their operations, would offer some assistance to those neighbors an businesses surrounding the sexually oriented business. instance, one gentleman living on West Alabama next to an ad bookstore, while agreeing that such businesses would probably ' Sexually Oriented Businesses Page 7 • Continue to exist and that he was resigned to that fact, also cited a series of untc:+ard incidents occurring on or near his property that were dire:tly related to that adult bookstore. His position see.-nod to be that while Council might not be able to rid him of the business, it might nonetheless take steps to amelio- rate the worst effects of that enterprise. The hi point wade by many of the witnesses who proved most helpfu to the Committee in providing guidance for the drafting of the ordinance was that among the most important negative effects of these businesses were the adverse conse- quences on neighborhood protection and enhancement, and the consequent adverse effect on property values. A number of eighborhood representatives and civic club participants re- counted numerous instances of problems that had been created by these businesses for neighborhoods which were trying to preserve a neighborhood fabric. JESveral real estate brokers with substan tial experience in areas a_fe t10-by sexually oriented businesses , offered documented instances in which property values had been affected by the establishment--of sexually oriented businesses, as Well as information of a more •general . nature as to the effect of y, these businesses on the course of neighborhood development. In -V ert tea on b D . An 'ck of the Rice Center, givenfore the full Council, this •cause and effect' syndrome was ain attested to. It *seemed to be a consensus among both the lay_ and expert witnesses that in neighborhood areas and areas of , quality ce=ereial development, the establishment of sexually -� oriented businesses had a detrimental effect on property values,_ at least in part because they were perceived adversely to affect the quality of life -- including among other things such issues as suitability for family activities and stability of the neighborhood e,nvironsent -- of the area. The ourt point zade by the witnesses whose testimony was most common relied upon by the Committee was that among the most significant problems created by the businesses were the ancillary activities caused by the clustering of businesses, as in the case of street prostitution in the lower UTestheimer area , and the problem of exterior appearance. Even where businesses could not be forced to relocate because of apparent preemptions in state law, most witnesses stated that reasonable controls on signage and exterior appearance were required. The intrusiveness* of the signage and exterior features into the consciousness of the community was repeatedly cited. It was also noted that although adults sight train themselves to ignore such signage, it would be hard if not impossible to demand the same self-discipline fro= children. That children would be likely Uttracted to such advertising (which in at least one case even eatured popular cartoon characters) was perceived as a significant problem in the expert testimony of one psychiatrist , ' Sexually Oriented Businesses Page 8 who cited information discussing the relations between expose *14-A to such signage and psychological problems those children might subsequently experience. Th if point developed in the testimony and regarded as significant y the Committee was that sexually oriented busi- nesses are likely contributory factors to criminal activities that are encouraged as ancillary to these enterprises. This link between these businesses and related problems of criminal activity was affirmed by the Chief of Police and other represen- tatives of the Police Department, as well as by non-expert witnesses with long personal experience of living in areas where sexually oriented businesses are located. To the Committee, this issue of criminal activity occurring in the area of sexually oriented businesses was not a central problem, but rather . a concurrent question of somewhat lesser significance than the land use issues. At the same time, however, the Committee felt that the testimony justified the conclusion that the criminal activity that does tend to occur in the vicinity of sexually oriented businesses, particularly where those businesses have clustered, has an adverse effect on property values. This adverse effect makes such activities a secondary concern, even though the principal focus of the Committee and the ordinance is on land . matters. The th oint brought out in the testimony -- particularly the testimony of city employees engaged in enforcing current statutes regulating such businesses, as well as private in- dividuals who have sought legal recourse against such businesses v-- was the difficulty of achieving reasonable enforcement of the law. Part of this enforcement problem centers on the relatively limited arsenal of remedies available to home-rule cities under Texas law in such circumstances. Some of the problem has been alleviated by cooperative efforts between cities and counties, as is the case in Houston, where Harris County cooperates with the city by bringing suits whenever requested to accompany a city suit, thus bringing into play the padlock power of the county -- a power the city lacks. However, another part of the problem is that existing laws and ordinances are structured in such a way as to make it difficult to sustain an action against even an of- fender clearly in violation of the law. For example, if an injunction for abatement of a nuisance is brought against the owner of a particular sexually oriented business -- such as an adult modeling studio -- it is quite possible that by the time the suit is actually brought to trial the ownership of the business has been transferred. The case is then thrown into limbo because the appropriate party or parties is (or are) longer 'joined' in the suit. The lawsuit stalls while business continues in operation. Sexually Oriented Businesses Page 9 ' nother o ' which the Committee thought relevant to its 'deliberations regarded those businesses which are thought to enjoy special protection under the First Amendment. This issue was perhaps one of the most difficult that the Committee faced . Despite whatever personal preference the members of the Committee might have had, the clear mandate of the Committee was to prepare/ an ordinance that was as legally defensible as possible. After considerable deliberation, the Committee accepted the contentions of those lawyers who argued that to lump First Amendment and all other businesses into one indistinguishable category for purposes of regulation would probably be unwise and cause the ordinance to be submitted to substantial challenges. This is not to say that the arguments of the lawyers are unquestionably correct. Nor is it to say that following the recommendations of these lawyers represents what the Committee believes to be wise public policy. But what the Committee did was to remember continuously its principal charge, and to set aside its personal preferences and opinions in favor of proposing an ordinance with a maximum likelihood of being upheld in court. while a variety of other*`i'ssues and problems were raised in testimonv taken before the Committee, the foregoing points seemed , to members of the Committee to be the most significant and worthy QI attention. The manner in which this testimony was translated nto proposals for legislative action will become clear in the Section by Section Analysis that follows below. PRIOR HOUSTON ATTEMPTS TO REGULATE Early Efforts. The proposed ordinance does not represent the first attempt by the City of Houston to regulate sexually oriented businesses. As stated in HOUSTON: A HISTORY, by David G. McComb: *In 1840 a city ordinance provided a fine of not less . than $SO and a jail term of ten to thirty days for any woman committing lewd actions or exhibiting herself in a public place in a style 'not usual for respectable females. ' Brothels within the city limits could not be located closer than two squares to a family residence. A supplementary ordinance in 1841 required a $20 bond for a ' female of ill fame' found in a public place after 8: 00 p.m. in order to ensure good behavior. Although perhaps not a prostitute , one of the most notorious female characters from the period was Pamela Mann, an expert at firearms, knives, horseback riding, and profanity. She appeared in court at various times charged with counterfeiting, forgery, fornication , larceny, " and assault. According to William Ransom Hogan , she ran the Mansion House Hotel in such fashion that 11►irs. Mann and her 'girls ' achieved a satisfying success ' Sexually Oriented Businesses Page 10 ' *a providing Houston with female companionship of a ' robust none too virtuous nature. ' " Universal Amusement. A more recent and perhaps more relevant attempt to regulate sexually oriented businesses in Houston occurred in 197], with the passage of Ordinances 28-65 and 36-14. Ordinance 28-65 amended a prior ordinance to make it 'unlawful for any person to operate or cause to be operated an adult commercial establishment within two thousand (2000) feet of a Church, school or other educational or charitable institution. " Under this ordinance, an 'adult commercial establishment' was defined as 'any business or enterprise hav' as a ubstant'al or _S{cni f 1 cant port i on of its _s*=n trade or activity the sa e, distribution, lending, rental, exhijoltion, or of er viewing of material depicting sexual conduct or specified anatomical areas for consideration." Ordinance 36-14 made it unlawful to operate within two thousand (2,000) feet of a church, school or other educational or charitable institution any motion picture theatre "which exhibits a film that explicitly depicts . . . contact between any part of the genitals 9f-•one person and the genitals , mouth or anus of another person; . . . contact between a person's mouth, anus, or genitals and the mouth, anus, or genitals of an animal or fowl; . . . manipulation of a person's genitals; ' defecation; or . . . urination. ' Both ordinances required businesses coming under the ambit of the law to bring themsely into compliance within thirty (30) days of passage of the ordinances. (A third ordinance, not as significant, dealt with a redefinition of "public amusement park" and 'places of public entertainment and amusement. ') The 1977 ordinances were successfully cr, h_llenaed in a 1977 case styled Universal Amusement Co. , v. Hofheinz. In an opinion handed down October 5, 1977, Ju�e Ross N. Sterling granted the request of plaintiffs for declaratory and injunctive relief. At the conclusion of the trial, the Court orally declared the ordinances unconstitutional on their face, permanently enjoined their enforcement against plaintiffs, and severed plaintiffs ' claims for punitive damages and attorneys ' fees. For purposes of considering the ordinance now being proposed by the Committee, it is instructive to consider the grounds on which the 1977 ordinances were struck down as unconstitutional by the Court. Although at least one of the attorneys appearing before the Committee during its second session of hearings alleged that no ordinance could be fashioned that would meet the objections made by the Court, the Committee is of the opinion that it is indeed possible to draft such an ordinance. In summary, Judge Sterling he ld the ordinances unconstij tional on grounds of vagueness, stating that this alone would be sexually Oriented Businesses Bags 11 • Cufficient grounds to void the ordinance on grounds of unconsti- tutionality. However, he went on to say that in his opininn there were other constitutional defects, namely that the ordi- nances were violative of the First and Fourteenth Amendments to the Constitution by abridging the freedoms of speech and press guaranteed therein, that they denied the plaintiffs the equal protection of the laws as guaranteed by the Fourteenth Amendment, and that they denied plaintiffs due process of law as guaranteed by the Fifth and Fourteenth Amendments. Vag2eness. The Court found that the challenged ordinances Violated basic tenets of constitutional law. It cited the general rule that whenever a penal statute is involved -- as was the ease here, since a fine of up to $200 was to be imposed for violations of ordinance 28-65 -- the terms of that statute "must be sufficiently explicit to inform those who are'-sub ject to it what conduct on their part will render them liable to its penal- ties" and that "a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at -.its -meaning and differ as to its application violates the first essential of due process of law. " - However, the Court was quick to point out that even more ' an the usual rule requiring exactness in the drafting of a penal statute was involved in the case at hand. The ordinances in question were not only penal, but also restricted the exercise of First Aaendment rights. While the Court did not hold that no such restrictions on First Amendment rights could ever be suc- cessfully enacted, it did state emphatically that in such in- stances even stricter standards than those required of ordinary penal statutes would be called for. The plaintiffs in Universal Amusement claimed that the ordinances under examination failed both the general test of strictness required of any penal statute, not to mention the stricter standard applied when a law restricting First Amendment rights are in question. With this argument the Court agreed. Especially troublesome was the lack of any definitions_ha_t_ver for such words as 'Church, " "school, ; or "ot er a ucational or charitable institution." S4mi l-r'f the works "Substantial" and " QnifiCdnt" aS „�P tQ, yfy "r^-*inn of its stQc1� i n trade or -activity* was found by the Court to be *hopelessly vague. " As the Court pointed out: 'Any theater which ever exhibited 'X or R' movies might be covered from time to time, depending on the meaning of the words •substantial ' and 'significant. ' " The Court noted that one of the asserted purposes of the ordinances was the protection of children, but held that this Sexually oriented Businesse3 Page 13 to live in a particular section of town so that a wAtchful could be kept on them. To paraphrase The Mikado, the legislative remedy should fit the problem. Another possib a way of looking at it is that the cure should not be worse than the disease. In Universal Amusement the Court found that there was not just over ,rem t , -but substantial overbreadth. ' The Court seemed to be of the opinion that the attempt to regulate busi- nesses which dealt in material depicting 'sexual conduct' or "specified anatomical areas' failed the overbreadth test because it raised the distinct possibility that the ordinances would Meter those who normally deal with such materials from exercis- ing their right to sell or exhibit them because (1) what they sell or exhibit might tall within the scope of the ordinance, and (2) their dealings with such material might result in the brand- ing of their businesses as 'adult commercial establishments. ' In the opinion of the Court, the ordinances being challenged had the r potential to effectively prohibit all theatres from showing "R" rated movies and medical bookstores from selling books on anatomy or physiology which depicted. nudity or partial nudity. Coupled with the fact that the ordinances as written were not in the opinion of the Court subject to narrowing by state law decisions , the ordinances were found to be consequently overbroad ar '' therefore constitutionally infirm. Protected Speech. The ordinances that were the subject of the lawsuit in Universal Amusement attempted to regulate to some extent activities normally considered as under the ambit of the First Amendment. Therefore one of the issues was whether the ordinances abridged freedom of speech in any unwarranted fashion. The Court noted that there could be regulation of such speech. But, the Court stated, such regulation must be reasonable. In the case of the ordinances at issue, the Court held that the administrative officials charged with enforcement of the ordi- nances were left free to exercise what the Court characterized as 'virtually unfettered discretion. ' For instance, under the ordinances it was left to a policeman to determine what was a 'church' or 'school. ' Such breadth of discretion was found by the Court to be unacceptable in ordinances which proposed to regulate what were considered First Amendment activities. This concern for protected speech was heightened by the fact that as a practical matter the ordinances did not merely limit the time and place and manner where the activities at issue could be engaged in. Instead, in application the ordinances banned all such activities from the City of Houston, at least as far as the Court could see under its review of the facts. Under sue. circumstances, the Court stated, it was impossible to say t these particular ordinances represented a reasonable restraint ' the First Amendment activities at issue. ' Sexually Oriented Businesses Page 14 E ua1 Protection. The Court in Universal Amusement also Catedthat while a city can treat different c asses of people in different ways, the difference in treatment must be based on some rationale directly connected with the appropriate exercise of municipal power for accepted purposes. The question in the particular case was whether the city, in treating the businesses at issue differently than other businesses, was doing so for reasons that were grounded in acceptable public policy consis- tently applied. The Court also noted that of some importance would be whether the state had already enacted legislation to deal with the public policy issues ' stated as the grounds for the ordinances. In Unive=sal Amusement, the Court found that the purported purpose o protecting c 1 ren and permitting them to be raised in a suitable atmosphere, while perhaps worthwhile, did not call for the expansive ordinances that had been attempted. Moreover, the Court noted that there were already a substantial number of laws on the books at the state level dealing with the problem of protecting children from spch activities. The Court distin- guished the Detroit ordinanee; • oa which Houston had relied, by noting that one of the primary purposes of that ordinance was to preserve the quality of urban life. Given these facts, the Court ' teemed to believe that the City of Houston had gone too far in s ordinances, given the goals it was seeking to accomplish. Due Process. The final issues dealt with by the Court in Universes Amusement was that of denial of due process. The Court found tat while some exercise of municipal authority in this area might be justified, the ordinances at issue went far beyond what was permissible and in effect deprived persons of their property without adequate reason or compensation. First, the U. . ordinances effectively banned such businesses from the' city even though it purportedly only limited their ability to locate in certain areas. Second, the ordinances were drafted in such a way that even if a business could find an acceptable location, the. business would forever be in jeopardy of losing its authority to operate if a church or school moved within the prohibited distance. Summary. In reviewing the decision of Universal amusement for purposes of its work in drafting an ordinance proposal, the Committee kept several points in mind with regard to the fore-. going discussion. First, businesses that are argued as under the ambit of the First Amendment enjoy special protection. But even the Court in Universal Amusement seemed to indicate that such protection is not a solute an that reasonable regulation is ,W�ermissible. . ' Therefore, the Committee took special care in all tters of regulation affecting First Amendment businesses to Ulercise what the Committee deemed prudence and restraint, • Sexually Oriented Businesses Page 16 . Fifth, the Committee has provided in the ordinances Vseveral avenues of recourse for any party that believes himself - aggrieved by administration of the ordinance. At the same time , however, the ordinance has throughout been designed to limit the discretion of the administrative officers in charge of the czdinance to minimize the possibilities for such abuses of discretion that would require redress. Sixth and finally, the Committee has spent considerable time reviewing computerized maps to . give reasonable assurance that while the ordinance may be restrictive in absolute terms of locations available to sexually oriented businesses, it is not prohibitory in what it seeks to accomplish. After reviewing a series of maps developed in accordance with the distance formulas set forth in the ordinance, the Committee feels that there is reasonable evidence to support the conclusion that such is indeed the case. REMEDIES ADOPTED BY OTHER CITIES Houston is not the only American city to have had to deal with the problem of sexually oriented businesses. Other munic- ipalities such as Detroit, Boston, Chicago, Dallas, Los Angel -- ' and Santa Maria, California, as well as regional governments as Fairfax County, Virginia, have also grappled with the iss J. Although Eouston is unique as compared to these other governments with respect to the zoning issue, there are nonetheless lessons that can be drawn from comparing the experience of other municipalities to our own. Detroit. The efforts of the city of Detroit to regulate sexually c ented businesses found their roots in attempts made in 1962 to combat the skid-row effects occurring in certain neighborhoods. Ultimately, the city in 1976 amended the anti-skid row ordinance developed out of that earlier effort to cover sexually oriented businesses. These new regulations were upheld by the United States Supreme Court. The keX elements of this ordinance provided the following: (1) Sexually oriented businesses were explicitly defined; (2) Sexually oriented businesses were prohibited within five hundred feet (500• ) of an area zoned residential; (3) Sexually oriented businesses were prohibited from locating within one thousand feet (10001 ) of any two other regulated sexually oriented businesses; and •` Sexually Oriented Businesses Page 18 • 4Lixed into the general run of office buildings and retail and holesale operations. Substantial residential housing or resi- dential activities were not part of the fabric of the neighborhood. The decision to create a Combat Zone: proved advantageous to the city of Boston for a number of reason. First, the creation of_a single such zone where all businesses were treated alike avoided any charges that the Boston regulatory scheme violated the equal protection provisions . of the Fourteenth Amendment. Second, by creating a particular zone where such businesses could be established without question, the City avoided the sometimes difficult issues involved in trying to define what would or would not be considered a 'sexually oriented business.' Finally, the city was under this scheme able to avoid the difficulties and confusions that can sometimes be attendant upon any system involving licensing. In addition, the Boston approach entailed lower administrative costs, gave the city firm control over the growth of the sexually oriented businesses industry, and provided city officials with a controlled environment -- essentially a laboratory -- in which to Txivesi•igate the effects of sexually oriented businesses on their surrounding environment. It is interesting to note that while the Boston plan has met with ' �zeasonable success, it has not been copied by any other American Jci ty. While the Committee was urged to consider the combat zone concept for Houston, the - proposal was discarded at a rather early point in the deliberations. The principal reason for rejecting the concept was the geographical difference between Boston and Houston. Boston proper is a city of fairly limited land area. Houston currently contains approximately 560 square miles. While . a single combat zone might work in Boston, given its limited size, the Committee concluded that a defensive combat zone approach in Houston would require at least several such areas throughout the city. otherwise, those located at a distance from the single combat zone might argue that their right of access to sexually oriented businesses had been wrongfully limited. The other problem, of course, would be that of locating sites for these multiple combat zones. Although several witnesses advocated this approach to the Committee, no witness was ready to volunteer his or her area as a candidate for such a zone -- in itself eloquent testimony to. the perception of the effect of these businesses on their surrounding areas, a perception that ' expert witnesses would show appears to translate into adverse consequences for property values. exually Oriented Busishesses age 19 Chicago. In 1977, the city of Chicago amended its municipal to include new regulations on adult-use businesses. The :s iicago ordinance generally followed the Detroit legislation. I- Tne basic strategy of the regulatory scheme could be broken into )f three parts : first, there was a strong effort to define the 'ie irpose and intent of the ordinance; second, there was a good :d veal of effort *put into defining sexually oriented businesses; and third, there was substantial time spent to carefully define ie type of regulation and enforcement being adopted. is ie The Chicago ordinance also had some features not found in 3s ie Detroit ordinance. First, registration standards were imposed re _.iat required nine types of responses, mostly concerning owner- he ship. Certain restrictions, though vaguely defined, were placed to i exterior displays. On this particular point, the ordinance al 1 -ovided that "no adult use shall be conducted in'any manner that ng permits the observation of any material depicting, describing or a 2 :lating to 'specified sexual activities' or 'specific anatomical i -eas ' from any public way or from any property not registered as an adult use. " This provision. was under the ordinance applicable os to *any display decoration, sign, "show window, or store opening. " ct I .nally, fines of not less than fifty dollars ($50.00) nor more he than two hundred dollars ($200. 00) were imposed for each offense -- With the provision that in the case of a continuing offense I day during which the offense continued could be -counted as a bcr..rate case. ng Dallas. The city of Dallas adopted an ordinance regulating L-xualTy oriented businesses in 1977. Interestingly, while ax Dallas is a zoned city, this regulatory ordinance was not made i- rt of the zoning ordinance, but rather was incorporated into ed t e general municipal code. The Dallas ordinance, like that in of :hicago, was closely modelled on the. Detroit law. Under the Dallas ordinance, the distance requirement between of sexually oriented businesses and areas zoned residential was oae S- t`ousand feet (1000' ) . This distance was measured as a straight ice I ne from property line to property line of the two conflicting :ue structures without regard to intervening structures. It is +nt i^structive to note that this one thousand foot (1000' ) re- .� "wo i riction was struck down due to lack of evidence as to the in ieteriorating effects sustained by neighborhoods as a result of so :he interposition of sexually oriented businesses. ►pe -PI Los Angeles. In 1978, the city of Los Angeles imposed a :he :hirty 30 ay- moratorium on the establishment of new sexually _i- Tented businesses in order to provide an opportunity for the :_tom to draft a new and comprehensive ordinance regulating the r try. (It is not clear whether such a moratorium would be z._Assible under recent antitrust decisions involving the Sexually Oriented Businesses Page 20 liability of municipalities for violation of the Sherman Act. ) " The city then used its Planning Department to study the effects of sexually oriented businesses on their surrounding environ- ments. The conclusion of this study was that regulation of sexually oriented businesses was necessary to "prevent the continued erosion of the character of the affected neighborhoods. " The drafting of the Los Angeles ordinance followed the basic pattern established in the wake of the successful effort by the city of Detroit. What businesses were "sexually oriented" was meticulously defined and the activities of those businesses were likewise carefully delineate Similar care was taken in the definition of the city ' s regulatory authority and with respect to the fines imposed for violations of the ordinance. An additional section provided for severability of the ordinance, thus allowing the ordinance to stand even if a particular section failed a judicial test. At this writing, our best information indicates that the Los Angeles ordinance has withstood any challenges and remains intact as originally passed. Again, a key element in the success of the ordinance was the careful development of information on the nature of the problem being addressed, thoughtful efforts to .� delineate as clearly as possible the intent and operation of the ordinance, and a strong rational tie between the problems being addressed and the regulatory scheme. Fairfax County, Virginia. The ordinance adopted in Fairfax County, Virginia , for the regulation of sexually oriented busi- nesses again follows the general pattern successfully established by the city of Detroit. However, in the area of issuance of permits , the Fairfax County ordinance is much more detailed. Specifically, the Fa -fax—County ordinance gives the chief of Police—jurisdiction over the application process. In exerc ing this responsibility, the chief of police receives assistance from the Inspection Services Division, the Fire and Rescue Services, the Director of Health, and the Zoning Enforcement Division. The annual fee for renewal of the license is Two Thousand Dollars ($2 , 000. 00) ; this annual renewal fee is in addition to a business license tax. The applicant must also complete a comprehensive application form dealing with the type of business , location and ownership. With respect to ownership, in-depth information is requested, and checks are made on the criminal records or prior questionable activities of the appli- cant. Additionally, permit fees are required from massage techni- cians. These permits specify fees , term of the permit and health a J J Sexually Oriented Businesses Page 21 requirements. Again, the application is comarehensive and delves into the applicant ' s background and history*, and is accompanied by fingerprints. The ordinance also goes further than the Detroit law in setting minimum standards for sexually oriented businesses with reQ_ard to structure and general hygiene, the display of permits, and the establishment of a right of entry for relevant government inspection agents. Santa Maria , California. The ordinance enacted by Santa Maria, California, is interesting in that it provides a regulato- ry scheme whereby sexually oriented businesses are divided into different classes, as follows: "Class A" sexually oriented businesses are those which provide entertainment in conjunction with the operation of an eating place. "Class B" sexually oriented businesses are those which provide entertainment in conjunction with a business whose principal activity is the serving of alcoholic beverages. "Class C" sexually oriented businesses are those where entertainment is offered' in conjunction with either of the business activities described as "Class A" or "Class B, " but where the exhibition of the human body is involved. Under this regulatory scheme , "Class A" businesses are the most lightly regulated, "Class B" businesses more so, and "Class C" businesses most of all. "Class C" businesses must deposit with the Director of Finance a refundable deposit of five hundred dollars ($500 . 00) . This deposit would be used to pay the costs of additional city services such as police and fire assistance. This particular legislation was probably less referred to by the Committee than any other statutory scheme because its purposes seemed on the face of the ordinance to differ notably from the purposes of the ordinance proposed for Houston. SECTION-BY-SECTION SUMMARY OF ORDINANCE Legislative Findings. The legislative findings sections of the ordinance has been drafted to summarize as concisely but as completely as possible the underlying reasons why an ordinance is needed , and why the ordinance has been structured in its present form. This Report is also incorporated by reference into the Legislative Findings. The city bases its right to regulate sexually oriented commercial enterprises on its general police powers -- the right a J Sexually Oriented Businesses Page 22 • Cto pass legislation to assure public safety, health, morals and other related goals . The city also bases its right to regulate as proposed in this ordinance 'under specific grants of authority from the state, including Art. 1175 , 522 (authorizing regulation by municipalities of places of public amusement) , Art. 1175, 523 (authorizing licensing by runicipali ties of businesses suscepti- ble to the police power) , Art. 1175, 524 (authorizing municipal regulation of billboards and other exterior signage) , Art. 1175, 534 (authorizing municipalities to exercise the general police power) , and Art. 2372w (authorizing municipalities to regulate businesses whose principal activity is the offering of services intended to provide sexual stimulation or sexual gratification) . The Committee has proposed that Council exercise the foregoing powers on the basis of its findings generated through the hearings held by the Co=ittee and Council between Novem- ber 4, 2982 and October 25, 2983. These findings have already been discussed at some length in the foregoing subsection titled "Analysis of Testimony. " The Legislative Findings section of the ordinance briefly summarizes_those findings. Article I: Definitions. The definitions included under LArtie e I ave been care u lv crafted to conform with the Commit- ' tee's intention to regulate as effectively as possible, without infringing on federal constitutional guarantees, areas preempted by state legislation or the operation of legitimate businesses. Although most of the definitions are by their nature self-evident, comments on some of the definitions .are warranted to underscore the balance which the Committee constantly sought between effective regulation on the one hand and, on the other, the limits placed on municipal action by federal constitutional guarantees and state law. "Enterprise, " for exarple, refers o ly to those establish- ments whose maiar hilsiness involves products or services intended to provide sie3iia_l stimulation or gratification. Inclusion of the word "major" is intended to exempt out sucILbusi eases as con ve- n'once stores wh or- ayg-ir-Pror nther simi ar such magazines as a relatively small part of their overal opera- . In addition, specific exemptions are granted to several Vp; categories of businesses. Adult bookstores, adult movie theatres and businesses licensed to sell alcoholic beverages are exempted because of apparent preemption by state law; massage parlors are a31 omitted because they are covered by another city ordinance. (It nmi should be noted, however, that although the foregoing businesses t12 are not defined as 'enterprises, ' and therefore not subject to the locational and permit requirements of the ordinance, they r'`O„ Utill are subject to specified provisions of the ordinance. ) usinesses licensed by the state, such as those employing W-W 51� RS♦,{ ' Sexually oriented Businesses Page 23 • psychologists or physicians are also exempted, as are businesses whose major activity is the selling of clothes. The definitions in Article I also offer good examples of the consistency in reasoning which the Committee sought to achieve in its work. For instance, it has already been noted that a major theme in the testimony heard by the Committee concerned the deleterious effects of sexually oriented businesses • on children, and the consequent problems caused for neighborhood stability and the. quality of life, as reflected in property values. For this reason, schools were placed within the category of protected establishments near which such sexually oriented businesses cannot be located. (It was this same general line of reasoning namely, the need to protect areas frequented by children and used for family oriented activities . -- that led to including churches among the protected activity categories.] However, it was also concluded by the Committee that at some point a person, even though still in school, matures to the point where the city can no longer reasonably claim the right to protect him or her from such businesses. llhile=the. age at which maturity may be achieved by different individuals may vary, it was concluded by the Committee that a reasonable cutoff age as a general rII would be seventeen (17) , coinciding with earliest usual ager lko < graduation from secondary school. For this reason the :definit �j of *school' (Article I, Section V) is limited 'to public and private schools used for primary or secondary education.* Another problem the Committee faced in drafting the ordi- nance proposal was to minimize opportunities for circumvention of the ordinance. Concern was expressed by all members of the Committee and by the Legal Department, that some sexually oriented businesses, eager to escape the locational restrictions placed upon them, might start showing movies and argue that they were in fact 'Adult Movie Theaters' protected by state law and not subject to municipal restrictions on location. The Committee has sought to deal with problems of this sort by careful drafting, as in the definition of 'Adult Novie Theatre' , which specifically requires that such theatres have tiers or rows of seats facing a screen or projection area, making it clear that simply setting up a projector and a screen will not make a modeling studio a movie theater under the ordinance. Article II. Permit Re ired. Article II of the ordinance v establishes that aIT— sexually oriented commercial enterprises within -the Houston city limits must obtain a license from the Director of Finance and Administration before they can operate. Article III. Permit Applications. The requirements wF must e u i e before a permit may be granted to a sexua y oriented commercial enterprise are set out in Article III . The Sexually Oriented Businesse's Page 24 • Qist of information to be supplied, which shall be submitted to he Director of Finance and Mministrstion, was taken for the most part from the present ordinance 28-73. This was decided by the Committee on the basis of issues raised during the hearings . For instance, a number of witnesses cited the problems inherent in tracking down the person ultimately responsible for a partner- ship or corporation; hence, the Committee has recommended a o disclosures which, while not onerous to the business enterprise, wil provide information adequate for reasonable enforcement of the ordinance should its provisions subsequently be violated. The application requirements also call for submission of relevant state-issued documents pertaining to the authorization of the enterprise to do business within the State of Texas. The application form shall also include a written declaration that all information contained in the appli- cation is true and correct, and that the applicant is in con- formity with all provisions of the ordinance; violation of these provisions will be grounds for suspension or revocation of the permit. Article IV. Permit Fee. ' "The ordinance establishes a permit fee o $350. 00 for each permit application. The amount of this fee was based on testimony by William R. Brown, Director of ' Cach inance and Administration, which fixed the cost of processing such application at within Ten Dollars ($10.00) of the $350.00 figure later adopted by the Committee. Since the $350. 00 represents the cost to the city of actually processing the application, regardless of whether the permit is approved or disapproved, the fee is payable at the time the permit is re- quested and shall be nonrefundable. The permit shall be good for one year from the date of issuance, and shall be renewable annually; the $350. 00 fee for each renewal of the permit repre- sents the costs of each year's review of the permit application and the ongoing costs of administering the regulations estab- lished by the ordinance, including the costs of enforcement through inspections of the establishments by city personnel. It should also be noted that just prior to submission of the proposed ordinance to Council, a general review of all fees and charges of the City of Houston was undertaken. This general review, which will generate the most reliable direct and indirect cost data in the city's history, may produce a different figure for the processing of the peririt. If so, an adjustment (most likely upward) will have to be made in the permit fee. At the time of this writing, however, the $350. 00 figure still repre- sents the best estimate of the actual cost of processing the application and administering the regulations proposed under the ordinance. Sexually Oriented Buzinesse's Page 25 Article V. Issuance or Denial of r Permit. Assuming submitted application conforms to the requirements of the ordi- nance, the Director of Finance and Administration must within twenty (20) days issue a permit to the applicant. Although there are several grounds on which an application for a permit will be denied -- the failure to supply all of the -required information, for example, or the giving of information that is knowingly false, fraudulent or untruthful -- the most important of these reasons focuses on certain distance requirements that must be met in the location of sexually oriented commercial enterprises. (Again, exempted from these locational restrictions are adult movie theaters, adult bookstores, businesses selling alcoholic beverages, and massage parlors.) Specifically, the ordinance would require that all subject businesses be located not less than 750 feet from a church or school (both terms being defined in the ordinance) and not less than 1,000 feet from each other. (In the event two such businesses are closer to each other than 1,000 feet, then Article VI, Section B provides that a permit shall be issued to the applicant 'having the longer period of enterprise ownership at the�eame • lgcation for which a permit is sought.') A third distance requirement set out in Article V has b ' characterized as the *residential concentration" test. A cir with a 1,000 foot- radius is drawn around ' the location of t�) proposed business. ' If within the circle thereby-determined seventy-five percent (75%) or more of the tracts are residential (that is, if seventy-five percent (751) or more of the tracts were coded as residential, in the city' s Metrocom computer) , then the business could not locate there. Conversely, however, should land use in the area become more commercial , such that the percentage dropped below seventy-five percent (753) , the business might under a new permit application be granted the right to operate at the formerly unacceptable location. - These distance requirements are good examples of the Commit- tee's efforts to analyze the information preserved during the public hearings, to distill from that information the real nature of the problems to be addressed and to then develop solutions logically and consistently related to the actual problems. For example, while many who testified acknowledged the right of such businesses to exist, and while many of these same witnesses expressed solicitude for the rights of those who might want to avail themselves of the goods or services offered by such busies, nesses, the same witnesses also expressed strong concern about balancing these considerations against the effects such busi- nesses might have on children and the fabric of the family unit. as well as property values and the quality of urban life. reviewing the testimony, the Committee concluded that t concern was justified -- particularly in light of some of the ' Sexually Oriented Businesses Page 26 - • xpert testimony offered -- and hence created the 750 foot rule with respect to churches and schools which were viewed as centers for family oriented activities. A second set of problems brought outt,, in the hearings is the detrimental effect that the 1 clustering jo f such businesses can have on a surrounding area. estimony from the Chief of Police , as - well as information supplied by residents of areas where concentrations of such businesses are unusually high, repeated the point that the clustering of such businesses exacerbate the problems they create by developing an atmosphere in which a v *secondary market' of illicit activities -- both sexual and otherwise -- are encouraged. .although most witnesses agreed that the location of such businesses could not be restricted in such a way as to effectively eliminate them altogether, most witnesses -- including the Chief of Police -- stated that in their view a •separation" or •nonclustering• provision would alleviate some of the problems normally associated with the operation of such businesses. In reviewing this testimony, and in considering the experience of cities such a a- Detrpit, the Committee concurred with the judgment of the witnesses and therefore included a requirement regarding spacing of the businesses from each other. A third set of problems identified during the hearings was he difficulties created when these businesses locate in areas QAthat are\ rimarily residential in character. These problems are aggravated in Houston because of the lacTc of' zoning laws; in the absence of any ordinance, only deed-restricted developments are allowed some measure of protection and even that degree of protection stops at the border_ of the deed restricted area. Most witnesses who testified on this point before ' the Committee acknowledged that there was little likelihood that zoning would be imposed in Houston. At the same time, however, many of these same witnesses indicated their belief that reliance on de-ed restrictions as the sole method of protection was woefully inadequate, particularly since so many of the areas most severell �- affected by the problem of sexually oriented businesses were ones, in which deed restrictions had irrevocably lapsed, or in which` such restrictions had never existed at all. In reviewing the testimony on this point, the Committee concluded that there were sound policy reasons for the city to provide greater protection for areas of high residential concen- tration from the adverse consequences of too many sexually oriented businesses. Concern for children and _ family-related activities already cited—above with respect to the distance requirement from church and schools was likewise a factor here. �C�oncern was also felt for the need to maintain some degree of a 't. re o corresponding s a i ihy in t e property tax ase . Sexually Oriented Businesse's Page 27 . Finally, concern was expressed that the protections afforded deed restricted areas, however minimal, ought to be extended by providing singular (if not the same) protection to any area with a high concentration of residential usage. (although the Committee considered extending the same sorts of proections to areas less residential in character, it was not thought that the same policy considerations applied with equal force as areas became "less residential. ") In evaluating these distance requirements, the Committee also remained sensitive to concerns that were raised during the hearings by opponents of the ordinance. For instance, at least one of the lawyers representing some of the businesses that will be affected by the ordinance argued that the "residential concen- tration" test was tantamount to zoning. after careful considera- tion the Committee respectfully disagreed. To' the Committee, there is a great deal of difference between an ordinance creating a zoning commission which then proceeds to establish use cate- gories for entire areas of the city and an ordinance which merely requires that if the market,_operating freely, has resulted in an area that is 'predominantly:- 'residential" in character, then certain businesses cannot locate within a fixed distance of t ' area. In the first instance, the city dictates land usage only a change by the city in the ordinance fixing such usage wi permit 'deviation from that rule. In the second instance, the city merely provides that ;n the event usage in a particular area should through operation- cf the free market develop along certain lines, then certain restrictions will be involved. Conversely, should the market dictate a change in overall usage of an area (as in a case where an area formerly predominantly residential became commercial) , then the city restrictions would be lifted. The difference might best be characterized as that between active and passive -- or *reflective* -- land management. The Committee also took quite seriously the eorcerns ex- pressed during the hearings by some representatives of the affected businesses that determining whether a proposed location would conforb with the ordinance would prove unduly burdensome and costly. However, the Committee believes that introduction of the Metrocom computerized snapping system into city government effectively answers this concern. As stated in testimony offered before the Committee by Ren Strange, the Metrocom administrator, it will be possible, for a minimal charge which reflects the actual cost of computer and clerical time, to determine in advance ..-- and within just a few hours -- whether a particular proposed site is permissible for a sexually oriented busines Under the circumstances, the Committee concluded that the "r : idential concentration" test was not only a suitable remedy some of the problems adduced during the hearings, but also that Sexually Oriented Businesse's Page 28 the test would not place an undue or unfair burden on the businesses to be regulated. A brief comment should be made with respect to the appeals process established to provide recourse from permit denials by the Director of Finance and Administration. While an initial appeal hearing before the Director is provided for in the ordinance, the Committee felt that given the nature -of the issues involved, and the desire to assume that the ordinance in both theory and practice did not operate to abuse individual rights , an appeal to Council should also be provided. This has been done in Article V. Section E. Article VI. Existing EnteERrises. The method of transition from the present situation to that under the new ordinance, and specifically the treatment of previously existing businesses under the new ordinance was the subject of considerable -thought by the Committee. The results of that lengthy consideration of the transition problems are embodied in Article VI. Section A of Article VZ provides the timetable under which businesses must conform with the ordinance. For this purpose the ordinance divides the City into four quadrants; compliance with ' . the terms and conditions of the ordinance are phased through use of these quadrants. Section B provides that where two subject y businesses are within 1,000 feet of each other, that business having the longer period of ownership at the same location shall receive the permit, while the business with the lesser ownership period at the same location shall be denied a permit. In the opinion of the Committee, this approach seemed the fairest way to treat the difficult problem of dealing fairly with businesses too close together to comply with the ordinance, without abandoning entirely the attempt to enforce the ordinance against existing businesses. The Committee chose to remain• consistent' with this 'prior in time, prior in right' approach by providing that where \ ' a subject business is closer than 750 feet to a church or school, V that business will not be required to abandon the location if it can be shown that the period of enterprise ownership at the same location exceeds the length of time the church or school has been located at that site. Sections C and D of Article VI deal with the difficult issue \,of grandfathering versus amortization of existing businesses. The Committee decisions with respect to the issues raised by this question again exemplify the careful attempt to base legislative action on the relevant information gathered during the hearings _ process as well as the desire of the Committee to offer the maximum possible protection to individual interests while also ealing effectively with the need for action testified to in the hearings. ' sexually Oriented Businesses Page 29 • . During the hearings , it became evident to the Committee t . the problems created by sexually oriented businesses had been allowed to persist for so long that merely addressing the problem "from here on out" would not be adequate. Prospective legis- lation would do little or nothing to alleviate the current serious problem caused by businesses already existing. The Committee therefore concluded that existing businesses should come under the ordinance; for this reason the Committee rejected/ grandfathering of existing businesses and determined that amor- tization would be the appropriate. approach. At the same time, however, the Committee recognized that even if existing busi- nesses were to be brought under the ordinance, this could not be done in a way that would ignore the investments that had been made in the businesses (and therefore prima facie unconstitu- tionally deprive persons of their property without just compen- sation, ) . . The Committee understood -- and if it had not, it certainly would have after having hSen drilled on the voint numerous times by re 'v s of the Le al Department -- that even under an amortization approach the amor iza ion period could not be so short as to aftectively deprive the owners of the subject businesses of their' property interests without just compensation. Sensitivity to the need for an adequate amortization per' J was frustrated, however, by the lack of evidence in the heari record on which the Committee could base its decision as to what constitutes an appropriate amortization period. No member of the affected industries, nor owners or representatives of affected individual businesses, appeared before the Committee for purposes of offering testimony on this point. (One owner of an adult bookstore did suggest, by written correspondence to the Commit- tee, that the amortization period be extended to ten (10) years; however, the Committee believed that this suggestion was un- realistic. Certainly the recommendation was not supported by any factual data. ) ' in the absence of such testimony, the Committee found itself in a difficult position. while the Committee admittedly wished to legislate the shortest possible period within which subject businesses must come under the ordinance or, alternatively, abandon their present locations, the members did not want to impose a time limit that, based on actual numbers, was unfair. The problem, however, was that the numbers were not available because the relevant affected businesses had chosen not to supply them to the Committee. (The Committee briefly considered using the subpoena powers available to Council under the Charter when considering such legislative matters, but decided against doing so for reasons explained below. ) { • ' Sexually Oriented Businesses Page 30 In the end, the Committee devised ordinance provisions -- ections C and D of Article VI -- which deal with this dilemma in an effective, fair and practical way. Section C of Article Vi provides that if an existing business cannot qualify for a permit under the ordinance, then that business shall terminate its operations at that particular location within six months after the business receives notice from the Director of Finance and ✓' Administration of its ineligibility for a permit. However, should any business so notified believe that six months will be insufficient for the business to recoup the investment represented by the enterprise, then the owner or owners of that business shall have the right to petition the Director of Finance and Administration for an extension, which can be as long as the Director determines appropriate based on the evidence presented. The Committee believes this approach adequately answers the dilemma presented by the lack of factual testimony in the record as to the earning capacity of these businesses. The provisions set forth a reasonable minimum time period for compliance that speaks to the Committee's deli-re for-. speedy implementation of the ordinance. At the same time, businesses which believe six months is too short, can, if they choose, come forward with books and records supporting their contention that they are entitled to a ' cnger amortization period -- indeed, to as long an amortization Wdmriod as they can prove. Should the Director of Finance and inistration refuse to grant such an extension despite the evidence submitted or should the extension be less than that reasonably justified, the decision could be appealed to -the Council under Article V. Section E. And if that appeal failed, it is the Committee's understanding that the applicant may have standing to appeal the Director' s decision to the state district courts as an arbitrary and capricious exercise of discretionary . authority under those doctrines relating to taking of property. The Committee believes that this approach is fairer and more feasible than fixing a longer period of amortization effective with respect to all businesses. Moreover, this approach avoids the need to subpoena books and records from business owners unwilling or at least hesitant to divulge financial information in order to develop an amortization period grounded in a hearing record. Instead, the decision is left to each individual busi- ness and its owner as to whether that particular owner wishes to . divulge business data in order -to secure an extension of the six month time limit. This assures the business owner maximum privacy should he or she so desire, while also allowing the city to achieve its goal of speedy compliance with the ordinance in order to deal as effectively as possible with a serious existing -problem. • ' Sexually Oriented Businesses Page 31 • Article VII. Revocation of Permit. The Committee in hear VA testimony became concernednot just about the circumstances under which the initial permit would be granted, but also about the means by which a permit could be revoked should a business fall out of compliance with the ordinance during. the term of the permit. For this reason, the Committee requested the drafting of provisions that dealt with the principal problems testified to dur,ing the hearings as to the operation of these businesses . These common problems can be classified as follows: Minors as Employees. A number of witnesses before the Committee expressed concern, particularly with regard to adult modeling. studios, as to the actual age of some persons employed on the premises. Article VII, Section A(1) provides that a permit shall be revoked if persons - under the age of seventeen (17) are- found to be employees of a subject enterprise. Seventeen years of age was selected to comply with relevant state law. A companion provision, Article XI, prohibits the entry upon the premises of such businesses of anyone younger than seventeen, and reg41res "each affected business to provide an attendant to assure compliance with this prohibition. ' Exterior A seance and Si na e. Although a .majorTit—y---ol the witnesses appearing before the Commit- tee felt that the control of the exterior appearance and signage of such businesses would help deal with the negative effect of such businesses on neighborhood stability and property values, most also stated concern that such provisions, if enacted, would not be heeded seriously by the businesses in question. In consider- ing these arguments, the Committee concluded that effective enforcement of these provisions was a neces- sity. The Committee therefore provided that violation of these provisions will result in loss of the permit to do business. Recurring or Chronic Criminal Activitv. A consis- tent* them in the testimony before ta Committee, whether offered by experts, citizens with specially significant experience with sexually oriented busi- nesses or members of the general public, was the problem of associated crime taking place in these establishments witbout action being taken by the city or any other suitable authority against such establishments. Once again, many witnesses stated that while they understood the need to accept the right of such businesses to exist, they believed there was a need to provide sanctions against those businesses Sexually Oriented Businesses Page 32 which operate outside the law or which permit (either deliberately or by acts of omission) unlawful activities to take place on their premises. Article VII, Section A(3) addresses this problem raised during the hearings by providing that whenever three or more persons are adjudged guilty in a trial court of committing certain criminal acts (as specified in Chapter 21 , Chapter 431 Section 22.011, or . Section 22.021 of the Texas Penal Code) on the premises of such a business, the permit of that business will be revoked 9it can be shown that the owner or operator of the 3iness either knew of the activities and did not seek to prevent them, or else• failed to take adequate steps to become aware of the activity. • The Committee believes that the concept of three or more persons being found guilty in a trial court serving as the triggering mechanism for this position Us both fair and effective. Requiring actual convic- .v tions deals with the concern expressed by some during the hearings that such a provision, if triggered only by a certain number of arrests, would encourage police harassment of such establishments. The sensible alternative appeared to require judicial action on the arrest. At the same time, however, members of the Committee were keenly aware that the pace of the judicial process makes it unlikely that in any one-year period three or more persons would be arrested, tried and have their cases heard at all levels of appeal. Given these realities, Article VII, Section AM represents a compromise in which judicial action is required, but completion of the appeals process is not. Moreover, should a particular businesk owner feel that this revocation mechanism is being used improperly against him because of .some defect in the adjudications relied upon, this issue can be raised independently in the appeal on the revocation where the Director can then make a determination on the merits of the argument separate from the criminal process. False , Fraudulent or Untruthful Permit Informa- tion. One of the most significant difficulties reported to the Committee during its hearings by those agencies currently charged with enforcement of existing laws against those businesses proposed to be covered by the ordinance is the lack of accurate and complete data. In many instances according to testimony this lack of information is due to the businesses themselves, which engage in practices ranging from legally complex schemes of corporate ownership that • Sexually Oriented Businesses Page 33 obscure true authority and control to outright falsehoods and fraudulent misrepresentations with respect to the operations of a business. It is of course impossible to divert those who are determined to undertake such actions from doing so. But the Committee concluded that a major gap in enforcement would be created if the giving of false, fraudulent or _ untruthful information on the application form were not provided for; this is the reason for, and purpose of Article VII, Section A(4) . - As a concluding comment, the Committee would point out that all of the revocation provisions are subject to the same appeals process provided for elsewhere throughout the ordinance. (These appeals provisions are set out in detail in Article V, Sections C through E.) This appeals process would include ,an -appeal to Council. The Committee is also of the opinion that in the event Council were to uphold the revocation of a permit by the Director of Finance and Administration, that decision would be subject to appeal to a state district court. , . Article IX. Other Permit Provisions . Article IX includes a new,ber---o-f—m—i'-'Sc—ellaneous but important provisions. Section requires posting of the permit on the premises of the busin authorized by that permit. The permit must be posted in an "o and conspicuous" place to assure ease of enforcement ' by public officials. (Open and conspicuous posting of the permit also benefits the business, since it allows for a check of the per- mit's existence with a minimum of disruption to normal business operations. ) Section B makes all permits issued under the ordinance good only for the location for which the permit was originally issued; in addition, permits are not assignable or transferable. This latter provision was adopted by the Committee in response to the problem cited during the hearing of 'rolling over" ownership of a business. The propensity of such businesses when under scrutiny (as during a court case brought by the city for prohibited activities) to change ownership and thereby continue to do business while avoiding further legal action (because the new owner has not been named as a defendant in the city suit) is dealt with by making any such change of ownership grounds for termination of the permit. Section C of Article IX makes it unlawful to counterfeit, forge, change, deface or alter a permit ' in any way. Articles IX and X. Restrictions on Exterior Appearance and Signage. Article IX which covers all sexually orients u/' nesses, as well as adult bookstores, adult movie theatres, massage establishments , sets restrictions regarding the externs ' Sexually Oriented Businesses Page 34 pearance of all such businesses. (With respect to businesses elling alcohol , only signage and not exterior appearance is regulated. ) First, no such business can allow its goods or services to be visible fron any point outride the establishment. Second, the ordinance forbids the use of flashing lights or pictorial representations on the exterior of such businesses; words can be used to a limited extent as noted below in the discussion of Article X. Third, the ordinance requires that all such businesses be painted a single achromatic color --that is to say, some shade of grey. Excepptions to this requirement are permitted where the business is located in a commercial multi-unit center where the entire center is painted the same color, or where the color scheme employed is part of an overall architectural 'system or pattern. (A similar exception is pro- vided for any unpainted portions of the. exterior. ) The ordinance • provides that all subject businesses will come into conformity with these provisions of the ordinance within six months of- the effective date of the ordinance. Article X regulates thg :s ignage of all sexually oriented ? businesses, including adult bookstores, adult movie theatres, and massage establishments; businesses licensed to sell alcoholic beverages also are subject to the signage provisions. The ' ordinance allows two types of signs to be displayed. The first type -- a "primary sign" -- may contain only the name of the establishment and a generic phrase, selected from phrases specified in the ordinance, describing the nature of the establishment. The letters on a "primary sign" must be uniform and must be of a solid color. The background on the sign also must be of a solid color. Additionally, "primary signs" must not contain any pictorial representations or flashing lights , must be rectangular, must not exceed 75 square feet in area, and must not .exceed 10 feet in height and 10 feet in length. The second type of sign is the "secondary sign." A *secondary sign, " while smaller than a "primary sign, " has fewer restrictions placed on it. "Secondary signs" are regulated only to the extent that they must be attached to a wall or door of an establishment, must be rectangular, must not exceed 20 square feet in area and must not exceed 5 feet in height and 4 feet in length. Non-conforming signs must be removed or made to conform within six months of the effective date of the ordinance. Exten- sions of the six month period can be granted by the Director of the Department of Finance and Administration if it can be proved that more time is needed to recoupment the investment in the CI on-conforming sign. Approval of the request for extension annot be withheld if the request is adequately supported by financial records. The procedure for securing such an extension Sexually oriented Businesses Page 35 . is virtually identical to the procedure set out in Article Sections D through E, concerning requests for extensions of the six month amortization period for non-conforming existing enterprises. The Committee adopted these provisions regarding exterior appearance and signage after hearing considerable testimony, both from expert witnesses and members of the lay public, regarding the problems caused by the exterior appearance and signage of the businesses. Again, -the majority of witnesses admitted the right of -such businesses to exist, and a number of witnesses pointed out what they believed to be the state-imposed limitations on the eity's ability to reg-4late the location of certain kinds of these businesses, such as adult movie theaters and adult bookstores. However, it was also pointed out to the Committee by a number of witnesses that despite these concessions, action -should still be taken to minimize the adverse effect of these businesses on their surrounding neighborhoods. The Committee found in hearing testimony that these adverse effects take several forms:"' Firsrt, a number of experts in \l Houston real estate testified that the businesses adversely affect the value of adjoining and neighboring property. Specif*I examples of this phenomena were cited to the Committee during hearings. (Similar testimony was offered during the addition hearing held before the entire Council. ) Second, the -Committee received lay testimony regarding the " effects of the exterior appearance of such businesses on children. A number of parents expressed concern over the consequences to their own children and children of others because of exposure to the language and signage, including pictorial representations, used by these businesses. This testimony from lay persons was corroborated by expert statements regarding the adverse effects of such 'signage and exterior decoration upon children. These two considerations -- the effect of the businesses on the value of neighboring properties and on children -- seemed to the Committee to be part of the more general problem of preseving a reasonable level of quality of life in Houston, a problem of paramount importance if the city is to maintain a stable community environment where property values are maintained (an essential element in any consideration of municipAl finances , for example) and further investment is encouraged. There was considerable testimony, for instance, to the effect that the current situation along lower Westheimer is impeding economic redevelopment of the area. The sexually oriented businesses clustered in that area are apparently able to pay extraordinaril high monthly . rents -- much higher than non-sexually orienr" businesses can afford. The result has been the "shutting out' non-sexually oriented businesses , which could survive Sexually Oriented Busiriessea Page 36 economically except for the artificially high rents. (In addition, there was considerable testim;ny as to how the atmosphere created by the clustering of such busineese made it difficult for non-sexually oriented businesses to attract sufficient clientele to be successful.) This inability to attract *seed businesses' has in turn made it difficult to encourage other larger-scale quality development in the area. It has also discouraged those who wish to reside in the area and thereby continue the mixed-development plan of land- use that has historically made the Montrose a unique community. In response to these problems, the Committee did not propose steps that would ban sexually oriented businesses altogether. Instead, the iemedies proposed would limit the concentration of such businesses and their obtrusiveness even where allowed to locate; it is the intention thereby to create an economic situation in which other type's of businesses might also be encouraged to locate in an area, thereby achieving a more balanced urban mix. Where the particular type of business could not be regulated as to its ^location -- as in the case of adult bookstores or adult movie theatres, thanks to the apparent preemption of any city action because of state law -- the Committee recommended the next most effective and available ' ,action: namely, to make the businesses as unobtrusive as possible, and to minimize the negative impact of the businesses on their surrounding areas through controls on signage and exterior appearance. There were those who argued to the Committee that the signage of sexaully oriented businesses is no more alluring than that associated with other outdoor advertising. other witnesses contended that even the garish external appearance of these businesses was no worse than might be found in conjunction with other non-sexually oriented businesses. Based on all of the testimony, however, the Committee concluded that the qualitative difference between the signage and exterior appearance regulated under this ordinance and other signage and exterior businesses themselves. Based on the testimony, it is the opinion of the Committee that sexually oriented businesses have adverse effects on their surrounding neighborhoods unlike any negative effects that could be shown by strip shopping centers in general , convenience stores or other commercial establishments. As the. Committee reads the testimony of those witnesses deemed most credible, a clear case is made that sexually oriented businesses , because. of their unique adverse consequences on the surrounding neighborhoods, require regulation in whatever way reasonable possible to minimize those adverse consequences. C, It is also the .Comnittee's finding that based both on the testimony and the experience of other city's, the single most sexually oriented Busiriesse5 Page 37 •• •. • , effective action to be taken with respect to sexually orie businesses is to restrict their location. However, locatiolpff restrictions by themselves are not enough; where the law allows , these should be coupled with restrictions on external signage and appearance to minimize the obtrusiveness of the sexually oriented business wherever located. Where thanks to state law the city' s right to regulate location has been preempted, the need to strictly regulate exterior signage and appearance becomes even more critical as almost the only meaningful tool. left in the municipal arsenal to deal with the problems posed by sexually oriented businesses for the quality of Houston life. Article XI. Age Restrictions on Entry* A recurrent theme in the testimony before the Committee was the effect of these businesses upon children, which in turn would affect the quality of life in Houston. one of the specific problems considered by the Cocmittee in this regard was the entry by minors onto the premises of such businesses. The Committee felt that .barring persons under the age of seventeen from entry onto the premises of a sexually oriented business -- ,which in this instance would include an adult movie theatre; adult bookstore or massage esablishment -- Was a reasonable response to this concern. Section B of Article XI, placing an affirmative duty on the ' establiment to enforce this provision seemed to the Committe be the simplest, most reasonable means of attaining enforc of this article, particularly as the alternative would be a la number of roving inspectors, the cost of which would most likely be borne by the establishments through the permit fee. lrticle XII. Restrictions on Employment of Minors. In addition to concern about the presence of minors in sexually oriented businesses as customers, the Committee also received testimony indicating that minors might be employed in some of these businesses, particularly the adult modeling studios. For this reason, the Committee felt .it necessary . to include a specific prohibition against the employment of persons under the age of seventeen in sexually oriented businesses =- .again including adult movie theatres, adult bookstores and massage establishments. Article XIII. Priority of Right. one issue raised during the Cocmittee's deliberations Was whether a sexually oriented V enterprise, once lawfully permitted, could lose its permit if a school or church were to be established within 750 feet of the enterprise, or if seventy-five per cent of the tracts of land within the calculated circular area were to become residential in accordance with the terms and conditions of Article V, Section B (3) .- After substantial deliberation, the Commirt,, ee concluded that the 'prior in time, prior in right' doc should be consistently applied. A church or school •' • Sexually Oriented Businesses Page 38 .. nowingly chose its location despite the prior existence of* a exually oriented commercial enterprise, were not deemed by the omaittee to occupy the same status as those schools, churches and residential areas which existed prior to the establishment of the sexually oriented business in vuestion. However, the Committee did provide that this right to continued existence would terminate with the expiration without timely renewal or revocation of the permit. Article XIV. Effect on Massage Establishments. ' The City of Houston a rea y as one ordinance governing massage establishments -- Chapter 27 of .the Houston Code of Ordinances . The provisions of this ordinance are not intended to supplant that Chapter; but instead are designed to complement its provisions. If a conflict should be deemed to exist between Chapter 27 and this new ordinance, however, the provisions of the new ordiance will govern: Articles XV - XIX. Additional Provisions. Articles XV through XIX are additional provisions deemed necessary by the Committee for a complete and• .ef#active ordinance, Article Xv sets the rules regarding notices under the ordinance; all such notices must be sent in writing and will be considered as having been delivered there days after their delivery to the D.S. Mails. 7ipurposes ticle XVI makes violations of the ordinance a Class C sdemeanor; each day a violation continues is deemed for of the ordinance as a separate offense. Article XVII ' establishes the authority of the Director of Finance and Ministration, or his duly appointed subordinant.es, to enforce the ordinance, if necessary by lawful entry by means of a search warrant onto the premises of the business in question. Article XVIII empowers the City Attorney to file suit to enforce this ordinance. Article XIX provides that if any provision of the ordinance should for any reason be held invalid, the remainder of the ordinance shall continue in full force and effect. CONCLUSION The Committee has attempted to show in this Report that the new ordinance regulating sexually oriented businesses is not a 'knee jerk' response to public complaints about such establish- ments. Rather the ordinance is the cumulation of over one year 's work during which time citizen input was received, specific problems were identified , various remedies were considered, and legal contours wore set. The Committee candidly acknowledges that a more restrictive ordinance was envisioned in the early days of the. project, as reflected by the draft initially .--propagated by the Committee. However, such a restrictive rrdinance could not be sanctioned if the Committee were to adhere �.� Sexually Oriented Businesses • Page 39 •• • to its goal of striking a careful balance betuseen the rights those persons who do not wish to be exposed to sexually orient businesses and the rights of those persons who wish to operate or patronize such establishments. The Committee earnestly believes that the current proposed ordinance achieves that goal, and that the ordinance proposed to Council represents the furthest legally defensible extent to which the city can go in the regulation of sexually oriented businesses. r DEFENDANT'S > EXHIBIT - - Q V ;- Icc L- - R -4 - 7 C r MIN i, ES EGULAR MEE'ING - MARCH ' g l i ib PUBLIC HEARING - 2:00 P.M. BILL Nn 7R-11 - AMENDING TITLE XI OF THE CITY CODE BY ADDING A NEW CHAPTER PrtuniniiiNG THE ESTABLISHMENT OF "SEXUALLY-ORIENTED BUSINESSES" IN CERTAIN ( AREAS OF THE CITY OF LAS VEGAS 1 , Mayor Briare: Ladies and gentlemen, there have been several Public Hearings scheduled f this afternoon, one of which is shown on the Agenda as Item "C" - i Bill No. 76-it to prevent the blighting abd deterioration of neighborhoods and certain business districts by limiting the locations of sexually-oriented Facilities. I would like to ask if there is anyone in the audience at this time who is here to speak on this proposed ordinance at this Public Hearing. The reason I want to ask is because our City Attorney has a couple of things 1 he needs to complete and if there is something to be discussed about this pro- posed ordinance, we would hear you right now. However, we would then delay our ultimate action on the Bill until later on this afternoon. Since you are here at the appointed hour, we would be delighted to hear whatever comments you have on this ordinance. Question: Any action on this then will be postponed until later? Mayor Briare: That is correct, but this is the time set for our Public Hearing_ and this is the time to speak on the subject if you would like to. Question: May I speak now? Mayor Briare: Yes - please state your name and we will be happy to hear from you. I am Or. Harold Boyer. My office is located on property formerly at the corner of Eastern and Charleston 2404 E. Charleston. This may be closing the barn gate after the horse is gone as I have just recently sold my property, but I have had ideas about the zoning for this type of thing for quite some time and have written i letters and have attempted to have my taxes reduced because of the proximity :c an area of this type, to the extent that I was unable to rent available space - first quality space - for a period of at least two years. Secondly, in that profession L I have had unfavorable comments - perhaps not serious - but comments made about the location of my office near a pornographic area. I have had patients over '.he years come in and say - why did I have to have my property deteriorated by the proximity to this area. Those times when I did not use this as my office my f parking spaces have been utilized by cars I felt had been going into this area. F� For the last three years my associate and I have felt obligated to escort our nursing personnel out to the back of the office to their cars as early as 5:30 ' in the evening - particularly in the winter time because during the time this property has been there I have observed individuals who would be considered to L.. be a little dubious. , I have had three break-ins in my office, and I feel this has been largly contributory to the deterioration of my property. I have strong personal feelings about this. I feel it has been detrimental to the residential area which is immediately behind my office. In the immediate area L it is now taken over dim I - almost completely by these sinners. I know of two l r CITY COMMISSION - MINUTES - R�-GULAR MEETING - MARCH 15, 197E Pace _J2 - o. 78-11 individuals who have moved out because their clients, or customers , (cont'd) not want to come there. So, generally, I am strongly opposed to this use because I think it contributes to the pollution - it's the same whether it's air pollution - it is pollution of our country and I think they should be in the areas of the dump yards and sewerage disposal plants. That's where I think they belong and I might add that is the observation of many I have talked to over the years. Mayor Briare: Thank you very much Doctor. You are echoing some sentiments that have been expressed certainly for a number of years and,' unfortunately,the City prior to this proposed ordinance - hopefully, this ordinance will be of great help - as you have indicated, it is something that already is in existence. I wish we had had this ordinance three or four or five years ago. -,,4 You have indicated that in your opinion it has had an adverse effect on the value of your property, as well as an adverse effect on the safety and well being of your patients and employees. It is very helpful to have that type of information from a person of your stature. Dr. Boyer: Thank you. ' (2nd Speaker) Mayor, I am Bill Baker and I am the Executive Director of a group of concerned community citizens here called Christians Coalitionr", This is a group of concerned people who live in our community of Las Vegas and they have asked me to address the City Council today on this ordinance this proposed ordinance. We are concerned about all aspects of our society here, incliiri _ cne moral legislation and any proposed ordinances which oppress it. I am here because it is a Public Hearing. I appreciate the opportunity to have some input and dialogue with you on this particular proposed ordinance. Our first concern is the establishment of this so-called "adult sex-oriented businesses" within even a remote proximity of Schools. I have noticed the wording and I would like to get down to the exact wording a little bit later as it has come to me from those within City Hall , of 1000 feet - not within L1000 feet of schools, or park, or churches. This ordinance, which attempts regulation of location L according to legalistic= j space and footage rather than a realistic evaluation of in-sight of such t � location, is not acceptable to this group. The suggested limitation of 1000 feet borders on the realm of thirty, actually - you could almost walk, or spit, that far, and to say not within 1000 feet of schools, is a bit absurd. Our concern, as parents, as citizens, is the easy access this would afford I to a naive and perhaps guible customers. We are not only concerned about V the location of such businesses, we are equally concerned with the political representation, or legislation, which would create such an ordinance, not on the basis of moral concern or the well being of children in our community, L-` but rather on the business ethics and the rights of businesses to exist, such as this. As parents 'and taxpayers and community citizens, we are concerned when more L r r CITY COMMISSION - MINUTE_ - KEGULAR ME T-NG - MA rc�r � i %d '3ce 10 j BILL No. 73-11 consideration is given to the rights of these oeople anc ,^es_ -�Pes of so- (cont 'd) called sex-oriented businesses than the good and we] Fare OF our cnildren. rWe are appreciative of the opportunity to express this concern and I assure you that our fears are not based upon fraudienc sexual hang-ups , or extremism of any kind. We are simply concerned with the present and future of our community and the moral fiber which must be enhanced if this society is going to survive. Today's young people, we believe, are tomorrow's woric just as in Las Vegas, the same situation. jI am in favor of preventing these sex shops from being located, not only near schools and parks, but in the community as a whole, as the Doctor who preceded me here - the damaging effects of such establishments. I am just quoting Deputy City Attorney Sitter, as quoted in the SUN - the intent of this ordinance is to prevent blighting and de-terioration of the City's business districts. And he also continued to say it has been proven there is a certain amount of shying away away by the public to any area where these businesses are located. May I suggest that if it is know that such businesses traditionally insure blight and deterioration of the City area, and in areas where they have been located across the country, and if people really do shy away from such areas, why encourage, or implement, any such negative business to open in th ` first place? Especially within proximation to schools, churches and parks? Now, I believe our City has more than enough sex-oriented businesses (and I keep using that phrase - it is not mine, originally - it's that of Deputy City Attorney Sitter) it is evident in the parts of the world that I travel that you can come to Vegas and get any kind, or attend, of sex deviation you wish - whatever-your pleasure might be - from prostitution or porno movies. That is already here - Downtown and on the Strip, and every day I read in the newspapers and in the media - they are full of reports of theft - ripoff robberies and even homicides - in these so-called "adult enterprises". Now if (and I say "if") we must legally allow these businesses to flourish in the first place, then I would urge that we make it not any easier or desirable for more, and others, to follow entrain. Other cities have their L porno areas outside the City Limits. They have said - we don't want them in our City and they put them outside their city and what's happened is to allo,. them to exist door-to-door - on top of one another - if they so wish. Those L that wish still have constitutional rights to visit these places - whatever they refer to them as - and in this manner the majority rights, both adults, young people and families in our community are upheld. I 'm talking about th. L rights of those - the right to work and raise children, without a negative,M debilitating disease of pornography taking a part and parcel of our a° community structure. _ So, members of the Council , we expect you to think not only in behalf of businesses such as these, but also on behalf of concerned persons and their i families. Thank you. LMayor Briare. Thank you - Commissioner .Lurie: That.-was a good .speech - I don't know where you've been Lfor maybe the last five years, but I would like to send a copy of that to CITY C NUTES - REGULAR ME�TiNG - MARCH 15, 1978 Pace C '3-ll the District Courts and to the Supreme Court so that they understand )nt 'd) concerns. and what we have been going through for the past five ycur s because this Commission (I 've been on here for five years) has never issued a License to a massage parlor or escort service, or any other adult-orienter business. It has all been done by the Courts. So, if you don 't mind, like to send a copy to these people who have bee d n making the judgments I '' where these businesses could be located. on City Attorney, Mike Sloan: I would like to comment: To me it is almost incomprehensible that someone could be as concerned as this man obviously 1 is, and so completely misread what the intent of our office is . i First of all , the ordinance clearly prohibits, for the first time, the Possibility of the establishment of these types of businesses in residential areas - out in the C-1 area, which is now permissible. The requirement of the 1000 feet of churches, schools, parks, in addition restricting them to particular areas. The way thepCityrofnLas s Vegas is zoned, obviously, is that we have certain thin layers of commercialism which back up against residential - against schools - against playgrounds. We have some churches that are located in commercial areas. IThe whole intent of this ordinance was to prohibit the fur the of these types of businesses into our community. Now, I knowrthatroachment everyone would feel as you do - they would like to totally exclude these kinds of businesses -from the City of Las Vegas. If I could figure out a way to legally do that, I would be delighted to do it, but it is just no Possible' and if you can tell me of a city where they have upheld a challenge tohe ' United States Supreme Court, or any competent Court, excluding them completely from the city and zoning them outside the city, I would welcome seeing that case and taking a look at it, but I am familiar with what has haene city after city across these United States. We have analyzed thisweihave looked at the situation to create a compound, or a combat zone, and it just becomes an outlaw district. Our whole purpose here is to try to enact a regulation which will minimize the encouraging of these sex-oriented businesses into our City. I don't want this to be interpreted that this is something we are doing on their L behalf. I think you completely misread the interpretation. We are trying to regulate it.' Perhaps if I came up with an ordinance that said that we're going to outlaw all these businesses . . years, has tried to do things like that but tit always he City fwould Las Vupain they the courts. So the fact that Commissioner Lurie would like to send your remarks along, if you would like to make those remarks to the District Court - the Court is not going to be impressed - Mr. Baker: I 'm not here to impress the Court and I 'm You - I am not here to impress�. here representiC. ng a coalition of citizens . p eSs I Mr. Sloan: I understand that' - we're trying to improve a situation . Mr. Baker: Yes - you are on a positive bend and from the point of view from where You are doing what you can you' re from - Mr. Sloan: Would you prefer to`have rno ordinance or this ordinance?,., . Mr. Baker: We would prefer to have a little more teeth in it - you talk r _ PULLCITY COMMISSION - MINUT=c - REGULnR M��EETING - MARCH 1c . ' 9'3"Jo. 73-11 about 1000 feet - that's what we want to address our remarks to - isn ' t (cont'd) that the old liquor permit - where they can 't - Mr. Sloan: There is a particular case out of Detroit which upheld certain requirements - and you have to take these requirements in toto - we have taken a look at the map of the City of Las Vegas showing where these things would be allowed and where they would not be allowed. We came up with a couple of different versions. In the first one - the one we wanted the mos there were about only two places in the whole City where they could have these businesses. The Supreme Court made it very clear, in the Detroit case, that if you overly restrict it, under the First Amendment, the ordinan would fall . Many of the other ordinances we looked at from areas throughout ■ the country, contained less than the 1000 feet requirement - I think, 500 (t r feet. I would like to put in a 10,000 feet requirement. We have question- aires here that we passed out in the community - the realtors and to the business people - most of them said - keep these guys out of town. I too agree with that, but it's not legal . It is not going to be upheld so it is Silly to go through the exercise to put in 10,000 feet because when they go to court . . . Mr. Baker: Well , our concern is not infringing on the rights of these businesses, Our concern is the rights of our young people, and our schools and a depth of 1000 feet is absolutely absurd. Mr. Sloan: You will have to concede that most schools are in d areas. They could not be located there. If, for example, you rhad antial school , and I don't know how close the John S. Parks School to the location on East Charleston - but you may have a school - we had the old Fifth Street School on 5th Street and that's in a commercial district. This 1000 foot requirement becomes relevant because you have a school in a L commercial area. If you put in a 10,000 foot requirement, because of the strip zoning, you might have some problems. I 'm flexible as to the footage - the only catch is, the more you increase it .the greater the likelihood is that we will go to court and lose. Mr. Baker. What about the self determination of the cities, and the right of that community to determine that which is against - again, that goes ( back to the Supreme Court ruling, I believe - of a city with a self- determinative right right to interpret what is gad and what is good for the community. What I 'm saying is that you have phrased in this proposal - the ordinance says the conditions and the offspring are blight and deterioration. It is very hard to get a positive out of a negative statement like that. f Mr. Sloan: that's the whole purpose of our ordinance - that a concentration c +` of these businesses - as documented by the Doctor's statements - b th L ress ads you have - by the Sociologist we have an y e 9 d the material we have from Los Angeles and other cities, that a concentration of these businesses is going to deteriorate and blight that area. You have that on one hand. J U. You have on the other hand the fact that the United States Supreme Court 1 i has recognized that book stores and theatres, no matter what they are show- ing up to a certain level are first Amdmenr activities and that you cannot i act to restrain their activities. In fact, the court has gone so far as to L i say if you catch the same guy showing the pornographic movie five times j and you convict him five times, you still cannot revoke his- license to show Lthose movies. I was trying to accommodate the honest desire of this r _ I�G I�'LTES - u4��r i5 1978 - ?ate 106 _ ILL SO. 79-11 Commission to acccmodate the obvious desire of this Continued Commission to put as many restrictions as we can on these sexually oriented businesses, ans.sibly d to do it in a legal manner. It doesn't do any good to pass something if the court is going to throw it out. fMr. Baker: We would just like to see some attention if possible given to a little more teeth in that particular ordinance. Thank you. Mayor Briare: Thank you very much Mr. Baker. Is there anyone else who wishes to be heard on this particular ordinance at this time? Mr. Sloan did you want the public hearing continued, or since there is no one else in the audience that wishes to be heard, should we close it, and wait for your further.. . . Mr. Sloan: The only thing I wanted it continued for is that a lot of people are interested obviously, and for certain things for the record we need to do, and I just as soon continue it. Anonymous Speaker: Can someone speak anonymously? ' ,► Mayor Briare: What are of you y going to say. Mr. Sloan he doesn't want to give his name. I don't know of any rule that says you have to give your name. We usually like to have it for the record, but if you don't want to give Your name, and if you are in good order, then go ahead. LAnonymous Speaker: There is a couple of things I just want to say about this Bill. There is a lot to the Bill, but I just think that you are going to create a monopoly t for the existing businesses by preventing. businesses to go close to each other in one respect. As far as the Charleston development is concerned, that is very close to t the County line, so I don't see the point. There could be iL a Bill, but this is not the one. I know that they tried to figure out the best Bill, but if you create a Bill, like stores where they are,L other than the Charleston area,then you will create a monopoly for the consumer. Also what about businesses that have the significant portion of its stock, most of the businesses here have a lot of L = ; the glossy page Playboy type magazines and so forth. As they get more provacative through- the years, are you going to go in there and tell them that they are violating a zoning law. i In addition to that, that's a business, it doesn't say adult books, that is a business that is two fold. It has the popular magazines as well, like. Popular Mechanics, and so forth. What about the movie theatres that have "G" pictures, and "GP" pictures, and then all of a sudden they have a picture L that comes out of Hollywood, high production, and it is an "V picture. That violates the description in these laws. L 2:'jus t sew a'picture "The_Betsy";"and I think that would violate this law. So what are you going to do? You are not going to enforce that. The enforcement is going to be against t � REGULAR MEETING - - "i`�LLES MARCH 15, 1978 - °aze i07 BIT..:. NO. '8-11 some new operator. In addition to that, if you are not Continued giving out licenses in the last five years, and you pass this Bill, which I think pretty much what is going to happen. If somebody comes in and applies for a license are you going to give them a license? Even if he is somewhere on a commercial street somewhere in the boon docks. Are you going to give him a license when you pass this Bill? You are not going to give him a license anyway apparently. It is just an exercise in futility anyway. Commissioner Christensen: I think you missed part of it. When he said that we haven't issued. a license within the last five years, he means that we haven't issued a license except by court order. Anonymous Speaker: Yes, but you cannot legitimize something here, and then at the same time say you are not going to give out the license anyway. Commissioner Christensen: We haven't illegitiaized anything. The Supreme Court has made these things legitimate. We would like to have them illegitimate, but we can't. Anonymous Speaker: O.K. then we all go along with the Supreme Court. But you are trying to make this a law like it is the legal law. Do you know what I mean. A law of- the City in this respect, and at the same time not give out the licenses which is. what the courts have all rendered. Which means expense of somebody going into business. Commissioner Christensen: If this were enacted into law, and someone came in for a license for one of these types of businesses, in a particular area that was allowed under this ordinance, then we couldn't deny 'that license. Anonymous Speaker: So you are saying that if this was enacted, that somebody could come in for a license you would issue one? Commissioner Christensen: If they fit the criteria. We would have to give them a license if they fit our criteria. Mr. Sloan: This is a zoning ordinance. What you have done N in the past five years in denying people licenses is under + the business- license application. As I recall the Talk of { the Town decision, the Supreme Court of this State, and the l � District Court, almost every time the City has passed an ordinance a 7 trying to make it more difficult to get a business license to -engage in those businesses, they have frustrated your efforts. ? V They have said that you have to treat them essentially as you N treat other businesses. Now we may not like that, but that is L what we have been told by the courts. We are not saying by this zoning ordinance that you have to give them a license. .I think that might be a requirement of law, as laid down by f the Supreme Court of our -State, and the United States Supreme LCourt, but. . . . ISSIC`I - .ZGUL�R MEETI::G - '°!IvUTcS - `!aRCH '� _�7S - ?are 108 SILL NO. 79-11 Commissioner Christensen: :'hen to reinterpret that, we Continued would probably have to give them a license unless we could find legitimate reason to deny the license, such as falsification of an application and so forth. Mr. Sloan: But whether or not you enact this ordinance, that is the requirement of the law today. jCommissioner Christensen: That is a requirement either way right. 1 Anonymous Speaker: What would you do about businesses that have a multi-use. Originally book stores were in the back f room sort of speak to separate the adults from the children Il and so forth, and they had the popular magazines in the front row. Now what would happen to a business like chat? There happened to have been one in the County at one time, but he is not there anymore. Mainly in the City you have just the adult stores. In addition as I said, we create a monopoly. The ones that should be in favor of this ordinance should be the ones who are existing in business now, because it creates a monopoly. They will have no competition. I want you to know that the prices here in Las Vegas are three, and four times the prices like in Citys like in Philadelphia and New York. Commissioner Lurie: Well it should be. I would like to move all the stores back there. Anonymous Speaker: Obviously you are creating a monopoly for the existing stores. Mayor Briare: Thank you very much. Now is there any- one else? (No response). Then we will continue the public hearing to such time as Mr. Sloan has the additional documentation that you want. The next public hearing is for a.. . . Commissioner Leavitt: These affidavits that have been presented /today, are they supposed to be submitted as part of this public hearing? L Mr. Sloan: That is basically why we are continuing the hearing, just to put all that material into the record. It would take 10 or 15 minutes just to complete our record, and I didn't t Q want to impose on these people. Commissioner Leavitt: Well are you putting it in the record now, or are you giving it to us for review? 0% Mr. Sloan: We will give it to you now, and then we will introduce YK 1 it into the record when the Mayor resumes the hearing after we take care of this other business. I - �G 1978 _ °aze 173 BILL ayor Pro-Tem Lurie:Con c_:ued We will now go Bill. 79-� ,continuation of the Public Hearing. to a Mr. Sloan: For the benefit of the Commission I am going to make some remarks for the record in case we wind up in court on this matter. I have made available to members of the Commission, and would like to have entered into the ` record the results of four different q esc, MY office - 'yes, which prepared and. conducted. One which was distributed to brokers and realtors in the Las Vegas area. We received 46 answers, which overwhelmingly document the blighting \ and adverse effect to business, as attributed, or attested V to by brokers and realtors of the concentration of sexually oriented businesses. The other questionaries are similar in the result that we took from homeowners and residents of the area that are located near sexually oriencea businesses. Businesses located near the East Charleston concentration and those over in Las Vegas Boulevard South, and a cross section survey of residents and areas not presently impacted by sexually oriented businesses. Each of these questionarres fully su is a under in concept of the dispersal order finance• In addition to those four documents, I would like to have entered into the record three affidavits, two of which are familiar to the Commission, because they are similar ` to the ones that we used when we adopted the downtown moritori=.One is by officer William Powell who is a police officer with the narcotics division of the Metropolitan Police Depar^ent. Based on his expert testimony he concludes that there is a �'lhigher instance of crime where there is a concentration of sexually_ oriented businesses. The other is an affidavit from Don Saylor based on his experience and background of 25 years N of P21—a-ZILLU, as to the adverse and impact of the concentration of such businesses. In addition there is an affidavit by Don Carns, who is a sociologist with execellent credentials who gives a detailed explana—t n of the perception of the blighting which results in the concentration of these businesses, which is similar in nature to the affidavit which was used in the Detroit case which was upheld by the Supreme Court. In addition I would like to incorporate the documents which were used as evidence during the moratorium, because they are similar in nature to this. Our concern is that it is L obvious no matter what we have tried to do there is a problem c of perception on the part of the public. That was made clear by the comments of that one individual. -I hope he doesn't speak for a _ great number of people. We are trying to do the best we can in .our office to come up with an ordinance which is going to restrict these businesses. It may be that you ' c would like to hold this until the next meeting after we hear the recommendation from the recommending committee. Hold this V until April Sth so that you will have an opportunity to �. gather additional public input, and then take action on this matter. (Moratorium L exhibits "A thru G" filed in separate folder with Commission Meeting of 1/4/78 reference Bill No. 77-63) Mayor Pro-Tem Lurie: If the Commission agrees with that, then this item will be held for further study between now and April Sth, at which time we will take action on ordinance 78-11. A. TD Ii l .. C�A C' NEVADA Sb .s CER7 IED AS A T3U1.=E%CL:'1Rti ) � � l oc \ Si DOS':iLD J:�YLOL� DCiG6 �1rS: CL'lt" C P^ TY f� JACA S 1. Fie is the Direztar of the Dc par ;t. nt c Con:t-uai;- 6 Dc\•clop-'nent of the City of Las Vegas and has s s_rtzc . such capzety for the 7 last 15 years; 8 2. He holds a M4aster's decree in planning from the i.'niversity of Wisconsin, has had 25 years of professional planning experience, is a full IO memb_r of the American Institute of Planners add h_s served numerous ti;aes Il as an expert witness in the area of planning in courts of the Star: of Nevada; 3. In his capacity as Planning Director o: the Ciw of Las Vedas , I3 he has reviewed a proposed zoning ordinance dispersing sexu all y-orientec I4 businesses so that no such business is allowed to exist «ithin 1000 feet of I� churches, schools, parks or other similar businesses. The preposeCi ordin�-nc �. I5 h zs beer. endorsed by the Planning Ccrn riission of the City of La.3 Veb;s . 17 prior to adopting such ordinance the City conducted an e:,nensivc survey of I8 residen;:es, businesses and real estate brokers and zgar.Ls . Such su.rvevs 19 sh,-rxed that the concentr2r.ons of sesu ally-oriented businesses cid indeed ` 20 bring about a deteriorating effect on the surrounding neighborhood end busi- 21 nesses: 22 4: The objective of the proposed net-.- zoning cIr dinanc_ is to main- tain an environ:nen: that is cf;nciucive to the tourist industry, t•;,';ic' in his L 2,; juZgm�:.-it can best be accornplish-.!d by cxcludin; businesses :hat are not i2S cuncuci•:z to th--t intent, such as adult bonkstores, ad'-,It movie thaat'2rs, 25 ^as.:agv p;+_-lors , and other s,=ually-oriented businesses; 27 5. Brsed upon his cr:sininr and a::pericnct, he believes that 28 of sexually-oriented businesses can have a decaying and blioh:ir. �. ` 29 effect on tL: City of Lus Vegas, as subst:.n:fisted by the above-mentioned R. 30 Sul.I.Ct. - - -- ♦TTOR`El ;1 .��• � �•♦ 1 1- G . file is fam111.-.r t'.-.th th,! Ltudy of the ^frecta of the conc-'ntr;46'!n i 'I I a I 1 the De22rcrrment of City Planning and based upon his educac.on and experience, j2 , believes that :many of the conclusions- set forth in that repor: cor.ce_nino the 1 3 1 adverse i-noact of t:Ze concertraticr, of such businesses in ary oven locator. 4 I are ap?licable to the City of Las Vegas as ireL' as to the City of Los Ankles; i 7. Based on his training and experience, the concept of a dlzpe_•sL 6 j ordinance aimed at spreading out ser_ually-or.e nted businesses as well as ccn- I l 7 j �-ring them to commercial and industrial areas, is coasistem. :pith proper 8 p.zc....ng tech-niques and is in the best i..t:._cst of she inhabitance of the City ' i g of Las Vegas. 10 t 12 / L ! 13 SUBSCEM'ZD and to before me i 14 this ti-4•-= day of /� ,�• z�- 1578. 15 16 Nocary Public L 17 . EAULA TOV2:' .�� Net�n ��. . S:eR •f tIM60 , 19 T ::� c�•t _,�,:, ti!7 Cor=.:1�� E_;;:rr Sett. 22, 1979 i 20 21 L 23 2J r . . `"_?RCS II A:'_ DAV7 n 2 3 i STATE OF NEVADA ) ss. COUNTY Or CLARK ) _ } 6 WMLLIAM POWELL, first being duly sworn says and l I _ 7 deposes g 1) That he is a detective with the Las Vecas Metropolitan Police Depart.. ent assigned to the Vice and Narcotic_ 10 11 Division and has served in that capacity for the last two and I� ?z 'I one-half years; f 2) in his capacity as a detective with the vice and ( Narcotics Division he has had occasions to observe the incidents 1 14 of c_ime in areas within which adult oriented businesses such 15 as raassage parlors, bookstores and adult theatres have been L16 ( located; ?? � 3) That he is familiar with the recent study of the �$ i effects of the concentration of adult entertainment establishmen- 191in the city of Los Angeles prepared by the Department of City 20 ! Vlanning of t'he city of Los Angeles , including that portion of 2: the report beginning on page 51 which sets forth 4nfor.;,a-4 22iextracted from a report to the Planning Commissicn on "the i:loac- 1! 2.3 ; of. sex .obi ented ..businesses on the police problems of the city' of Z4 ! Los Angeles" prepared by the Los Angeles City Police Department: 4) That based upon his experiences as a vice detectiv: L • 1 1 20 ; and the information set forth in the above-cited report, as i 27 cell as his knowledge of criminal activities 'in other major 1 7-17$7,1:v L e I I cities your affiant has concluded t that she conce^traticn o� 2 adult entertainment establishrlents such as adult bookstores land theatres, massage parlors,- escort services, and otter sex oriented businesses tends to incourage and promote the concentra-tion of criminal elements and results in increased cyinninal 5 I y activi t i in the e_f Irected area. [ 9 ll wILIZ. roc•ELL 1 10 1 z III,,\ � I- ; Subscribed and shorn to before ne n �1 is fl%1 day of Jarua_^y, 1978. y III iJ �I tI� N%FcO:3�t;a�XrYv Pubiic in and,lor said I5 f County and State I ;jam PAULA TOV:7 - �� Notary z N7 ry P v6Jic ue:i e2„-e1 Air Co'+a;z;» Srat n, 079 L III 20 L 21 LI L 24 8 n i! t ST:�T— OF NEV"'%J1 ) li ) s s . CC ?NTY CZ' CLARR ) ! 51 6 DONALD E. CARNS , being first duly sworn deposes and saes that l I . $ 1) He is a Professor in the Department of Socioloty at Ithe University of Nevada , Las Vegas and has taught in that depar- IO ment since 1973; 2) He holds a doctorate degree in Sociology from, Indian,- -1 4r> University, Bloomington , Indiana , and an M.A. and B.A. ir. I i3 i Sociology from Southern Illinois University, Carbondale, Illinois ; I4 3) He is the author of numerous books , including Cities in Chanae , Sociology': The Study of Human Interaction , and Sexual I5 Deviance; ?? ! 4) He has been involved in extensive research programs I8 i including from 1966 to 1968 , Institute for Sex Research , Indiana I? University; and 1975 to the present , Research Facility and Surve Unit, College of Arts and Letters , University of Nevada , Las 2I � Vegas ; all as is more fully set forth in the attached Vita; '. 22 I 5) In a free-choice society , characterized as the Unite n I` en- o L States is , by private enterprise and ohousing choices , nothi:� p _ _ 24 � affects urban change so. profoundly as the collective and shared 25 I perceptions of the city ' s residents and business owners . Othcr L 25 factors also have a strong bearing on internal change in a city . M Notable among these are shifting market conditions , changes in population demographics , legal factors , natural and man-made 2� events , and the like. But all things beinu equal , when any give c� ` � r I city with a steady growth rate ,s considered , the collective 1 ''-ay by =ar the a-catcs , _o '_e in the d c:iorat�c; s ;:abiI city ' s sub-azcas \ 3 o ) ':'or a nur.:be= o_ .year t:^.e invas suc__ssion pr_ ocess I� of land usage provided an ideal example of the forecoinc in t;,e u area of small businesses. in the no•_w too-distant past the Tir„es 6I Square-Broadway section of New York City was symbolized by 7 � residents and visitors alike as the heart of 24ew York and, in 8 � some respects , of the whole country. A series of v i e en is began 9li to undermine the economic base of the area to the West of Times IOiI so u Square -- roughly between the Hudson. River and Broadway . W ,i _ he_e i . , once great ocean liners departed from mid-town piers on the jr) ,i Hudson, now there stood useless piers, abandoned warehouses and +I derelict people. The West Side highway was also allowed c to decay Ills and much of the area which bordered the River became storage lots ,L 1 '! and municipal dumping grou,-Lds , devoid of residents , businesses or IS ', anything remotely resembling a hi;:nly valued land use. And the I �7 I' blight spread eastward. What had oc been the glittering i� ne t _heatrical district of New York - 42nd to 48th Streets , west cfr I Igl1 Broadway -- became the tawdry theatre district. Seemingly over- . 20 it night le ' }i�� c legit- mate theatres shared blocks with numerous porno 2111 theatres , adult bookstores , massage parlors , topless discos , 1► i� and the like. Businesses which had once been the mainstav l 22 ii supports of the theatre district -- restaurants , hotels , night- 24 � clubs -- went out of business or moved elsewhere. The street L 25 i population shifted toward pimps , prostitutes , migrants , people 2cl on the make. Land values fluctuated but the quality of use i• �I deteriorated. Crime increased many times over. But perhaps 28 I most importantly, New Yorkers lost faith in Times Square and the 29 Theatre District. The out-of-towners followed suit. Since °o I sexually-oriented businesses and all rho., .._end of recline is no'.. inevitab_e . There ex_s �c an ecenc7 ^vsical , social , and ultimately symbolic cccl; ne ;n a system of land use. Once legitimate users of urban space �e-ce \ 4 its decline and share this feeling: with others , the 5 I effect tends to accelerate change in a negative directicn and 6 the neighborhood becomes irretrievable . 7 7) What is particularly poignant about the end product 8 of this process is its finality. In recent years billions of 9 Federal and private dollars , not to mention local political 10 spending, have been ploughed into "saving our cities, " a goal li I all too often translated to mean the downtown or central busines 12 districts of older cities which have experienced invasion-surges= 13 processes for many decades and which now stand like tutted hulks 1.1- reserabling in form only the once vibrant, organically inter- 15 related places they were in times past. Witness : Detroit, 16 Cleveland, Gary, Baltimore, Philadelphia , Washington, Providence 17 Buffalo, St. Louis , and many other cities which grew to prcm^; nen 18 and population before the wide-spread use of the internal com- L19 bustion engine in transportation. Nor have many later predom. - 20 inantly Western cities fared better. Agai^. witness Los Angles ' 21 downtown periphery and San Francisco ' s rapidly deteriorating 22 Union Square area. Pushed by irrational Federal policies w:.ich 22 encouraged suburban sprawl and private transportation systems , 21, the people , in a complex series of decisions , hesitantly at 2Z first , but ultimately with an agreed upon necessity , decide that L26 a city ' s area has had it . The neighborhood or area is lost for- J 27 ! ever to an), previous land use basis , and can only be retrieved , 2S I if zit all , by significant expenditures of investment , massive i 20 I public relations campaigns , innovative legislation , taxing J0 dictricts , -and the like . Such mcanures would never have been 21 rieccssary if steps had been ta',zen earlier in the change pr.occss . !I C_ ^"_":SS',�N 11I =a --er be=c_ethe 2 Os 2 'I se1_ -ful__11_. - ti _ ._cm an eccnc- -- a 7 � I ,1 l?c ^c soc_a_ cef_n� t_o^ Z_ .h one _ "' co s�ce-- viable for the city as a %-:hole . ! 6 8) Proposals to limit the growth cf such ac::1t-cr4ented 6I enterprises near schools , churches , and residential neicr,borhoocs I 71 have been properly enacted pursuant to the zoning power of 81 municipalities . Such proposals a__rc bases on she po,_ ential hazm of such. businesses to the in and neighborhoods in prox_ 10 i:,,ity as well as nearby residents and even the "clients " o _ j suc`: 1'- businesses_ What we are arguing is a si^pie extension of the 121 logic of such dispersal ordinances : that 'as Vegas residents � I1� and vysitors , in a clear majority, conceptualize the growing pro- , liferation of adult-oriented businesses as a clear sign that the �I 15 , city area is on the decline,. and that worse things will ccme, I i 16 including higher crime rates . This' p r e_cep t ; on , when _.. reaches f17 the inflection point of shared awareness , will have an inevitable 18 irreversible effect on the economic v � vitality tea__ ..�,i , ty o_ Las Vegas . Since 19 this area and the tourist industry in� y general are vital to the 20I economic well-being of all Las Vegas , it follows that as adult_ 21 oriented businesses proliferate in the downtown area without � I planning or direction , they will undermine neighborhoods even t 231 away from downtown , will event,_,ally undermine she economic basis i 2; Lof the city, ,and ultimately will require the same local and 25 Pederal stop-gap actions that have been detailed earlier as 26 ineffective and expensive. 9) To underscore this prediction we should consider 'C:L 23 various types of businesses which flourish in and around ma jor 20 job and money creating institutions such as hotels and casinos . so tie can anticipate four tvnAc - I C:"'.' MC ISSION UL�R `!=`"I`IC — !!,;Wit_^c _ ,!��C.. g _ p 7o ate i I 1 i^crease the desirability of a carticular lane] use cf a-: arec ii - 1 � In this category we should include 2 ! legitimate service agencies such as car rentals , and a _;mite:'. number of parking facilities . i D I B) Symbiotic businesses which do not, Per se benefit the major definition of land use, but also do not unduly detrac 7 I from it as long as too large a concentration does not result. $ :n this category we should include bail bond agencies , limited g ' numbers of adult-businesses if sub-zoned properly , lower -;ncane hotels , and the like. These establishments provide needed se_- vices or facilities and can, under the right circumstances , '� (! benefit the major economic institutions of the area. 1g I C} Benign land use which includes , in moderation, thcs facilities which locate in the area for reasons hav,ng notir.: 15 ( do with recreation and tourism: public and official facilities ; i banks , real estate and law offices lead this category . f Yr I� D) Parasitic land use, i . e. , businesses which feed cff L the major economic sector and its people-generating capacity , but which do not benefit the area or remain benign * to it. Inste their very existence can prove deleterious to the economic heal i �l of the Downtown area, and to areas in close proximity to resr- I dential neighborhoods by providing a basis for negative evalua- tions of those areas by locals and visitors in the fashion . !. I 2•1i discussed previously. Adult oriented businesses , in high co:.- 25 ' centration , aRe in this category . 11 t is my fir ;', � 10) Based on the foregoing discussion , ; m L I. 27 belief that a dispersal ordinance would not only limit the con- �� I, centration of these adult-oriented busines;scs , but stop the T • n _ C1 15 - _C I I f 1 invasion-succession process before it begins and be-Fore it guts 2 the now prosperous business�cis'tricts to a point of irretriev- 3 ability. DONnL7 CARNS 1 s 1 f ij 8l Subscribed and sworn to before me this 15th day of March, 1978 . 91 10 11i 'rotary Public in andffor said I County and State Er L ( PaUU TOY f 13 Notary Pablic - stare •I Ne j •o[e 1, 141 camiftirron F:piie� S+pt. 22, 19'9 15 16 171 L 1$ 19 L 20 Ls = 24 �. 25 r C::Y `!4RCi? 15 978 - Paee ac O O n o c c — LO = ro LO � - .. .. Z V1 p v o K K v h z rr (n to d rG C rr R Z Q N K Fes• 0+ z Q N OR+ R L C3 M S 3 R � H O C7 Z O K C3' fD O [9 z r m ` v CZ n m (D Y- rn C� 0 rn � n n O n " 7 > n R R 0 h1 J > F-• o "7 7 > n R n [7 W En rr O 6< rr C+7 to w C R r7 En cn rr .�C n Y- \ M M im r; - M M < c, a o N N a ►3 a? a z z rf•• (D Z Z ►OnrOD Z Z �C G (OD En 0 of rr z z rn K Y• C• ►? y (D F (D C C F+ fJ C C 0 (D > > (D K Y t=7 C=7 7 C7 :: G C C Hv N N. O K O m 0 O O n En O p En CD ►C ►G (D K O rt O \ \ K O C' R O R ID to rr to cn m PC G •C K -4 rt > > m m a v m 0+ o r•C c+ r r ►t r rr K R r• ►t rrrij C ` > > A cr Y R V: O r• .?'O O v v C — mC am N H Q. (n r, _7 r r r- n O O.O n 0 N H R Or 10 to 0 r-n ►3 0-3 Y• R K 0 Co i p K ►< O (D O SD rr ri Ci lu C. CJ L`. G. I Cn m 0 M G G. G A+ G ra K )..., !c O R rr Y R C. R P" r K O I T cncn M m f•+ :, R In C © w W IV m O rr R n R CD Y• (D A C M (D (D 0V rS Pl. p O tT m rd Y 0o rrL a 5 R K C A. Y 0 Y r- r- ►, L< 7 W 7 rs .. K O fD Y (D O m M C: N (D .0+ R O O rn R R R `< rr R (D G ? rn • K CD M O (D Y• (D ( C M M La X N L (DO < n rr nn rr < ).— ci rn p C C� O (D 0 C C C K C Enrr rr Y N Y• N N N 'C !J rr (D rr (D mf- C aC � C j (n (D rr t7 R rt I = (n 1-- Ln ... (n O tPlh rr (n Y C' a 1a o w r- O 0 (D (<D n < L 7 r En r Y O R O (D p rr a to C a. a N n N CJ ? S (D rJ (D N © V j rn (D <. 03 Cr'7 N a B c r o cn rr n a C7 r a a x R •• a r. rt ti (n N < (D A+ Z N �--• o �? rr O C' n' X Z Q H rr C r rn O 1-• !-fl f~. N (DD fD a O m Z (D = n < M Z O Uf < ht1 N « z N 7 � n j � (D (D rr Z � `< r c rn O (D C: rr 3 0 .. r a CD O C=7 O = lD N N G r7 cn ~ :3 =r O O O O (n 0 0 rr rr C. W rrn Ci rr fD O O n O (D It1 En (D(D rr M ? N Z Z = (aS cm _ H n rr a N C) C) (D n C. (D H < CD N tV r•+ O r n n ra* rr rr m N r pn c CD O n n n r n c rr a (D �S n (D n , N N rr N C. a O n rr pi a Cl n c = (D N rr CD a a 'o 0 rr En O tr- = a n ~ (D a O 0 F•• = (n rr err ►� O .. a < Oc� n rr O �, rn L< r- n %+ O 'O �' cn Al a �- M n C. M rr C. W �< �-. N G .. a " c rr F•r O C f... rr C. rr rr ( rD rr r / O rr = (n O Al CD ~' ll n C ? rr (D a c °• c rr � f.. (Da H' O rr (D rr r s fD O < O rr C1. a rr Al O• (nM a 0 r, �C � n rr rr ..""� Fes• �, � f... a R M O 3 0 (D (D C i IV N W 9 O = 0h, aO X ►C (J f- rr a� to H+ rr fD 1-• C. n Z C rn O O � r c a O O rr rr (n rr CO �- Z r`.1 =* rr �. E (A K rr (D f. rr a :a N N fD a rr (D CD o C rr rr rr O N n a 1-•• N rt En 0 En F�- (D 0) (D O M O' ? rra rr .. W N n rr n. a 3 (D (D ` (D G7 X G rD x r• rr Z r-`< rr fin, N m O rr N < O rn a <, a a. 3 .. rr m m to LA M O C<J Z (D rY (D N ` p, 7 fD Ca r' < L , O 3 O rr a � (n (D (n rr 0 c rr r„ r•- rr c ►3 n r* a r• ? �- ►- r z n c C- CCM�:CC'-• `�-RC' ? _ _ i ?3Qo 10 Cl \ ZL O O •� N F• C n o c O c p o tr- 3 cn �. t c Z cn � O (D o O o In 7 0 Oy H = r0 rSC-'j O 7 f.+ o In O [r7 cr. rr rr 0 (D ILm r O Z Cn Z E Z n Z y O `c ti In a- rJ y or y p < y ►-� v ►c 0 n 7 0 > 0 ►~-, ran oo C •' to H v t" z < G C. L O Z 0 o Z z rr n t" h7 Q > rr rr to (D ►< rr �.. [7 c ll tS: t" n o o o c t7 o > c a o C; o rr N a o y o c� O r• rr o a s 0 0 rot-- > � roM b � 0 (D ►� y r7 Cr r (D { CC rr PTI Mj (D En En cD .. _ a rr r F.. G F-- rr K 0 I " = Ln (D (� G rr he rr � n m M N 1✓ F... rr Fi H pi 0 i .�.. H. H (D 0 H n z a rr z 0 r- ? n r G ►-' ► o c]N N N N rN 3 a O O o Y• Q r G O r rr w r � � rt fD a rr G WCD to (D rr to (D fD (DF•+1'q Ina Orr � a p � ✓ r r2l O � N O r• G tTl a 0 mpi N N 1.1J (D Y• NJ N N (7 G (D • tT� co V �.O a C1 V rr n L cn > > Y Clt tT] p C77 r" rrV) r (D > v c fD ? m - IA Ln .. t� a (D Y' rr, m L 0 r � r r rr _ Y• O r+, (D In rr rrO (D rr Z z rr Z O N O O 0 r• O Y• ZO t*7 r 0 to m r ? rn to < m M r• 0 O '7 G (7 (7 G m ~ m ~� y n r r (D N rr O (D (D rt E-• O CD — N O O O (Z O N " T G +t O }.. M N (D Gn � (D a CD rr a O G7 r n z n N o rr rr K G. ►. N r' r- rr Fr y (A CL G O r r* G _-r C. N f] a rr O CD cn (D rr r• O M r• 0 N c c G G ? O ( rr F- a. rr rr 0 (a C- 'r X l S r r r• rr no c O S .: r G O (D 0 (D cD C O Q N r r C £ (A (D A+ G G K (D (D G O G K N CT N O t K Q. rr F-- K rr - G N _ K7 M a G (D r- 3 O G r„ rr (D G rr O ►-• G c1. G ra z ( rr 0 r* r G N r -�I) n G (D (D G. N A n a ?Ikn (D (D � N rr r7 rr N N O G, S ^J G r- O trO wr " £ O G G (D p m K to 3 a �- 6< tl. S tD ►-' h7 'O a rr 7 a (D a G C. f.. Q. rr = N rr (9 3 G rr A. 0 rr N N F•-r N S a, S rr f.. 3 rr (D n 3 (D a r- < a a r< G +( 7 (D n KLn 3 ram.• ~ < 1 BLS (D a N D+ fD !D O Q iT1 K rr £ (D ~ N rr 3 y • Q rr a fll (A C) O f.. O .. t N m O G O O 3 R. O N r0r M (D (D 0 (D %Q N O rr a = r- a O rr rr (D rr r7 N K rr S K r- (A rr O (D O' F- G 3 G O %a £ a O O K C? (A K (D K M K O (D N h rr 7 rr (D (D G CT7 w H n L< m :; n3G. m c o o W tQ CI a cr r-. H 7 (D '< LL N CD N O L a (D G K O r n G M rr`< O S r H O £ rr of (D (£D 0 r"h�< C N K (D r�•t L r. G rr (D O .. c a N a N CL O r CT M r- LL }-- O rr K 1-' (D h► K rr O a N N C) Di o (D - CL - z rr rr rA (D O F- -x rr O (D rr rr O N N a 3 Ln n rr O Ch L. M O R O S (D OH K y (D G il. O G G r• CL Z `1S '_"Iv G C p C e z_ o C L _ d .� `< ►a--• R l�-- rnr fN ¢• r G N G� 0 G z c z ^� c z •� c rr rr O O (D O O EncD o o O r o o0n rn < '-' c n c r:; y c n "7 �? ci rt 7 N (; ra r �- -7 ►-+ C. a %n r (Dn cr: a r• n r r a , n n c n m a m PC CD (D t n 's7 = (D r n !; rr rr '3 r [� n CD M c n cr r 0 (D (� c o c n a n n rr a 0 n n r* m e rr rr n n ti �. rr W m rmr m 0 C O .. a O •• G P... a O 0 � C, r K r,b< r►< �< ( v r tv 0 C r N ID C r, N to N O r. N { C M M C. K = (D (D C M, G. r M ^ R G cD a rD C r rr a rr 0 rr rr r t rr O rr c• a r a � a ri r* rr r* rr r. N (D a a - C- a a rr c C.c r c r• c c r rr O r+ a C r 0.- M 0 rr rr rr r' E (D Q d rn Q C (D G C 6< C C 0 r► ? K = C m (D (^ pi (D rr rr z rr z ►t r• Z r* rr rt Z Z (D z r a (D Z (r1 (D z r- (D a 0 rr O C. ►c O G) Cl pi O C) a n O n �t r• h a • 0 rr ►-3 > W. rr > rt rr > R c ►, r• > a ►3 ¢1 n, X h C? r X ►-+ 0 r• X Pyr a r X ►�-i r• 7 z < (D C z < •- z < rr rr (n = O V3 K (D Z r? (D O h O m N R E z z m C z C7 C z C7 l Q VJ v rr '+7 . rr '7 rr "7 rr C rrPJ3 pi .1 "7 () C] 0 (n n rV w [7 n 0 * r C) N � n !n c r• n 7- rr y rr rr rr � r ►3 -- a N a a a (n f... O' .a N rr rn r� C r t r L (D � rt r a r• ).... F..O (n r S Ln N (n r• N fD Q (D !D (D 0 rr O rr rr. rr L R = 0 O O N N (n tv co (n CZ) - N � 1--• X, (D (D ? ? N a pi a ¢• < n < a < < < 0 Q' r• r• � S C S r ¢ to c• ¢. p, L O O ni D > rr S .7 rT `< to O O 0 v (D C LN (n •,,,I s - :.i1978 n � CD rr r O M. �+ a• cn o c cn rr < H cn 7 C rt K rr •• 0 f-• •• M CD = H p 3 H z p 7 C Q' ? X C• rt O z r-I n p O C C rr K CD rr`< n �3 ti r cn r K -< a o r•. ;3 n z 7 cD n r £ C cD c c r 5 ► o M ►� ►•3 O rr rr rr < n M cD 11 r O O r• =1 -j o c n v O r? x ro O cD ►-• i•t C r-r r cl ►-3 < •? x (n :3 to O ;3 "V r-I �-+ i ►3 a 0 rr r CJ C 5� p z - O a oo ao c. NN o C) Q `- n s C C rr n rr r ro z -j w I-• N Z rt G ti< r-I C7 Q i 7 M rr a (D I Orr rr p Z C En < o nF•• _• n O (D (D a ri .. rr O rn rr rr c CJ C •O ? I Q • ►= a rr r tr O r• r- n C r O 7 r M CD h-• < C (a (D (n C C-1 m0 O (D rr �� -0 C. w.. y ^.• C rt A' fA cn rt < m r7 z C w G7 (n O a a L ? �• - y 3 _ > rr cr rr O C 7 Cn O J s Z K Z %^Q O r✓ i C -: (D rr !� - O n O C h rr n t-+ r+i r- rr ca C r r 0 ri z w r y N a w n m c a o � rfD y << II rn K O cn - O (D r- a rr O O K m ^J O m O ►t C C •.J O n z U] rr N a n K C r OCC O K rrm = Q 3 O r-I4 p ry=s n O (D (n = U) h•- — (D 3 to z z > z m w C. O p [17 > Z O O f•- r- \ M ►, z ►� O O rr £ a = O N ► r z 7 O `^ n rr7 n O CD ( G O a O -• cn m 7; m r 'I cn cn cn •a c c w rr r t-• c � v O �•, cn 3 (�TJ K W I-h co (CD (D 'J 0 m x 7 �j o rt r c c tJ- z� z z c tr G rr o > �-3 z � n C. ? (D C) m 1v 0 � m n ma f• 0 rr C7 H 7 cn H. m G }" O a• O � K - cn p K C K !•-• C: X r t9 y R c� F V) C • CTJ Q, �• 7 rrE � rr (n r7 L O L Nl< a rr y a tJ' a ►- o cn En N T , \ .;VC ate rr r? K C r, n to � r, m O M O r. (D ci m CY 0 C 3 a (n R 7 Cu En 0 Cn ( A+ r• � O O A► a r, cn rr R G n lD A O O X � G O r• R r (n rr rr R r 6< _ y ti ¢' C to M rD r- r'S '< O 0 G O rr R 0 a N r. a a ►-• CD n, - r• (D < O tr+ ?� C a r( rn (n 0 O O O l< 1 c� ZT' �C G r* r• 3 - r- O p O 1f rr C r- r a. a c n ?I P m 7 G r G CD P. C w r G 1 rr r? '^ C 7 R rt ? .� LL (D ? a 0 CJ n fD O O u 2 O CD (n (D t( ? C J N O N [ CD ° IV c c R f n (D n n to K a a c cCo t✓ Cr K (n r• (D rr r r, W fD 0 a S G 7- r• r-• to C7 C�. a cr (D 0 CJ 0 E3 3 n `a C C En C. (D r•v H r cD CD 0 a 'a (n G rr 0 O m C h•• a 0 r• R 0 K co 'a K a a (n G sn a s � x (D M rr fD a 0 r C^ I (n • R 3 N 7 ►~- z uri 00 O• m a fD G r- K r Ll co0 a a � a M 0 O N CD r F-• a '< O r• CD fD O �C (n K r• G N R ri CD (D a c O a s G, Pi < R < ] rr G R CD fD 0 _ ►< � , w O n r. a R r- r• r• r• � r• C C a tp r+ 0 CD `< G (D (n ►', rr G O N O,` rt / R ri n L< L r (D C� rr ✓ rr G (n CLCD a a r• � f Cr ►t 0 G 3 PC r fJ 0 G (n G •r-( r• R a a � N (D r rr R C 0 iv 0 O L M� < Ln r- CL. �- 0 (D (D r-r, a L N� Q .,, �c � O p z O r: c c < < F. T7 a, lr3 n O O h O Lr y a r r G) cn .JLn :a C. O "*7 ►-i < CL O ^1 }•+ �..., � "' '� r' to H r o n y C: tT1 'IIII n H [rJ M n :+ tr7 .. ro G 'f*J f�D F• M M r- O •• C'7 M M O t7 CTJ 0. rD pm SOD `3 H ^ ran H ►3 •.� N C 0 a 0 — — .. � F•- rt, ~ r• rOr cn C. — O 0 LL � L< o (D0 KO a a 0 c J o z rr n (D C*1 Vl O O rr rr n rr rrO r � � a nJ z CL rr rr �. 7 r [TJ cn j. � 1 O C O r F. � �' o r. 'C r•r r- r. rr y J—r n O a_CJ rJ n fD cJ r' u. r•r a rr O O C� rr O a cD rt 2 0 K n' K K H O rr m rr a r. K a = a w a rr y a N f Q' F rr Cr rr rr rr O O K !D CD G S O_ 0 N N N N cn c, rt a rr rr ^J a CJ < N rr (AtD N (AN � c7 Z rr S K ? O- rr 3 < y OO r � O � 0rr r. O rr rr rr to c G y n N 3 cnN N rr _ CD _ 0 r c rr a a a < < < L .j - rr o a n. n, C. a � ' C 0 cnO O O N a C N fD S N S rr O tiO S N [J (p _a^^<e 9; O O O O C � c c V C t7 CD K K rr o) �✓ Cy •-- " 6< to �- 'L CD •• m .. m f.. .. C7 O ..O tv �- c c is H z N < ►-+ r s z z c z z M v d = ►< rr o a n n o o m c c a G O < H74G G) to 6< Y rn fD K r7 m O O m N •< t1l > �- :T a' 6< W m H "I O c ^7 ►-4 ►� a o ►3 m 0 m fD m < < a > > CD O G C > v n N C' n m [7 C o = y Y x z rr C rr N m •v m Y m m o n N 0 CD to h7 C ¢' '< O (D n O C) N P (D rr] ' C o0i rr (D < M m � O p .. F+ rS N rr p CD (� n n c p p W tD r = O ri H T G O Q f D rr IN-, 3 K r A. rr C oj " z rS r O -• < Q mO O r o Ln .Oy o m cn � c s �-� - a• •p z x z 3o z r 'Ctn c c G a o 'a o c� o r c > r r r* - C v fy N H r•. •a 7 O O it L a S3. n p C) y r tT CD C7 n Qi 7 ►? ;z rr r ;c rD (D t✓ C ►c (n N f1+ O :r O co N M > fD rr < r a > z 7 tD CD h• to n L " fD Mrr N O c� V m Cn Y r• y P) r- N < x Y \ C CD � ~• N O a• C o C O O CD O H Z •• H .� t� c, p n C) to c' c c C f• (D- O to C to n rn to N C Q h �' r m fD rD rr C n C7 H t7 N r7 H m < rr rr < Fi © n •J n Q, N N C O fD Fi O O > rr C, ,a O CF 7 y tT n N Q. rr N K t: a "3 ca W o c a •J cD r lV H m a n O 0 C N r to Ln y > m to Z y " r H to n r, CD C c) to a m r � 4 rOn O �•••� cn r� y (DD L o lT rr CD .. o n C t7 o to N 7 a p, P L) H M c o to `� � `� n z n n •� v r• c 1< to a to C n r tT p v n r* n cn ►-� rr fD • 0 ISSi0N - RSG .LA R C ,j a;S - ?,,P , ?o r 1 J O O O O O O O p tic > .7 Cn (n CD U7 J r' (n L. ^J — r a •J J (� G cn O C y O r; c+ d < r• < o < rr < G < rr < 2 a (D CD c (D n K (D M cd (D N O N C C ". r* C" rr rr p G K G '< O L< :S '< L< rr > Cn y 0 K c7 O O rr O rr O O N S z S H Cr u+ a G CD G C G G n (D z n , Alln K tS a C. 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(n S (D r. � R rr a y (D nc fJ rr � (D N C N r• Ort+ � / L C •(D x rr L< ►•• (D C n (D �r• (D3 c 1 cn Oita 7 rr d 7 (nD C E rr z rr a rr a C N O'er NNE-- WrOOO t�Kr (�D fD r- r, L �•• -. p, rt 0 ro a (Da (n c G (D Cr 0 :;• f7 '"• r• ►t a a (D rT (D �17 (D CT• � al = n 0- m a ►--•< r O ►- a. � 0!91 < H o C C (D C (<D - rr K 0 S a rr? r C C 00 r- .< • •r. 0 CL C EPARTIrIc 0 1 tF(Ni •�''��BROOM�S61`�� 's:L02 ANglus'. CALIfORNiA f ciTm. D_ E PLAMNIN42, STUDY Of E'fficls Of THE n! 0 �U, U E -4 i • r IN THE CITY Of [US F' ANGELES DEPARTMENT OF CITY PLANNING CITY OF LOS ANGELES JUNE 1977 ' 4 •v. CITY PLAN CASE NO . 2647; Council File No . 74-„452'.-S . 2 STUOY OF THE EFFECTS OF THE CQNCENTRATION OF AOULT ENTERTAINMENT ESTABLISHMENTS IN THE-CITY OF LOS ANGELES :ia1 .-� �,� mow^•_. P I.-J4.04 its C'644*t be Ainge ics `City Eauik i I.: _ Prepared by: Los Angeles City Planning Oepartment June, 1977 TABLE OF CONTENTS 5 Summary and Recommendations . • • • • • • • • • • • • • • • • • • 1 I . Findings. . . . . . . . . . . . . . . . . . . . . . . . . . 4 II . Purpose and Scope . . . . . . . . . . . . . . . . . . . . . 7 III . Methods Currently Used to Regulate Adult Entertainment 9 Businesses . . . . . . . . . . . . . . . . . . . . . . . A. Approaches to the Regulation of Adult Entertainment by Land Use Regulation . . . . . . . . . . . . . . . . 9 1 . Boston Approach. . . . . . . . . . . . . . . . . . . 9 2. Detroit Approach . . . . . . . . . . . . . . . . . . 10 3 . Vari.ations Adopted by Other Cities . . . . . . . . . 10 B. Alternate or Supplementary Forms of Regulation Currently Available Under State and Municipal Law . . . 14 1 . Red Light Abatement Procedure . . . . . . . . . . . 14 2 . Police Permit Requirements . . . . . . . . . . . . . 15 C. Other Regulations of Adult Entertainments 18 in Los Angeles . . . • • • : • . IV. Methodology and Analysis . . . . . . . . . . . . . . . 20 A. Changes in Assessed Valuation Between 1970-1976 22 1. Study and Control Areas . . . . . . . . . . . . . . 22 . . . . . . . 25 B. Public Meetings . .• . . . . . . . . . . . . . . . . . 27- C. Questionnaires . . . . • • • • • • • • • • • • • • • 32 1 . Description of Survey . . . . . . . . . . . . . . 32 2. Results of Survey . . . . . . . . . . . . . . . 33 0. U.S. Census and Re-fated Oat& . . . . . . 44 1. Description of Hollywood using 44 :Cluster Analysis: . . . • • • • • • • • • ' L 4 TASLE OF CONTENTS ( cont ' d ) f Z . Oescri;tion of Studio City And North HollywocC using Census Oata . . . . . . . . . 4' V Polica Oepartment Study of Hollywood . . . . . . . . . . . . 51 TABL:S I . • No. of Ordinances Regulating Adult Entertainment ' Uses . . . . . . . . . . . . . . . . . . . . . . 11 II . Ordinances Regulating Adult Entertainment Uses by Oi spersa l . . . . . . . . . . . . . . . . . . . . . 13a Ili . City Council Files Relating to Adult Entertainment . . . 19a :V. 1970-76 Changes in Assessed Valuation . . . . . . . . . 24a V. Studio City, North Hollywood and City of Los -Angeles Comparison of Census Oata . . . . . . . . . 48 :'I . Reported Crimes and Arrests 1969-75 - Hollywood and City of Los Angeles . . . . . . . . . . . . . . . . 53 EXHIBITS Exhibit A - Generalized Location of Adult Entertainment Sites in Hollywood and Central City, by Census Tract . . . . . . . . . . . . . . . . . . . . 22a Exhibit B - Generalized Location of Adult Entertainment Sites in Studio City and North Hollywood, by CensusTract . . . . . . . . . . . . . . . . . . . 22b APPENOICES A. Assessment Data - 1970 and 1976 B. Form - General Questionnaire C. Form - Appraiser Questionnaire 0. Respons4t and Summary of Privately-Distributed Questionnaire (not a portion.. of study) E. Oata from U. S. Census - 1960 and 1970 SUMMARY ANO RE%0:1!~Eil0ATi0�15 A. Types of Ordinances to Control "Adult Entertainment" Uses Two methods of regulating adult entertainment tusiness via lan_t use regulations have developed in the United Sates . They are 1) the concentration of such uses in a single area of the city as in Boston ; and Z ) the dispersal of such uses , as in the City of Oetroit . The Oetroit ordinance has been challenged and upheld by the U. S. Supreme Court ( "dung vs . American Mini -Theaters , 96 S . Ct . 771 , 1976 ) . B . Effect of "Adult Entertainment" 3usinesses on the Community There has been some indication that the concentration of "adult entertainment" uses results in increased crime and grater police enforcement problems . In the City of Los Angeles , the Los Angeles Police Oepartment has found a -link between the concentration of such businesses and increased crime in the Hollywood community. (The major portion of a Police Oepartment report on . this subject is herein contained. ) While several major cities have adopted ordinances similar to the Oetroi : ordinance, no other major city has , to our knowledge, adopted a Boston-type ordinance.. Testimony received at two public meetings on this subject has revealed that there is serious public concern over the proliferation of adult entertainment businesses-particularly _ in the Hollywood area. Citizens have testified of being afraid to walk the streets; that some businesses have left the area or have modified their hours of operation; and that they are -' fearful of children being confronted by unsavory individuals a of being exposed to sexually explicit material . A representative of an adult theater chain testified in 'support a the manner in which this business was run and in support of the type of clientele which attend the theaters . The Planning Oepartment staff is of the opinion that the degree of deleterious effects of adult entertainment businesses depend largely on the particular type of business and on how any such business is operated. ?_ A mail survey questionnaire conducted by the Planning Oepartment has tended to emphasize general public concern , over the proliferation of sex oriented businesses and has indicated further, that appraisers , realtors and representatives of lending institutions are generally of the opinion that concentration of adult - en.tertainment businesses . exerts a negative economic impact on both business and residential properties . They feel that the degree of negative impact depends upon the degree of concentration and on the specific : ;; type of. adult entertainment business. The .1970-76 change in the assessed value I residential commercial properties containing concentrations of adult enter- tainment businesses was compared with other areas without sick concentrations , and with the City as a whole . On the basis or this comparison, it cannot be concluded that properties containing concentrations of adult entertainment businesses have directly influenced the assessed valuations of such properties . Data and analysis based on the U. S . Census of 1970 and certain trend data from the censuses of 1960 and 1970 as applied to areas of the City containing concentrations cf adult entertainment businesses are included in the body of- the reoort, and in the Appendix. C. Scope of. the Ordinances Enacted by Other. Jurisdictions The scope of "adult entertainment" ordinances encompases a variety of adult activities . For example, the Los Angeles Study has considered "adult entertainment" establishments to include adult bookstores acid theaters , massage parlors , nude modeling studios , adult motels , arcades , and certain similar businesses . Many other ordinances studied, however, are less broad in their coverage. The Detroit ordinance, for instance does not regulate massage parlors or adult motels , hor does it pF—oviae for the closing of any such businesses by amortization , which would be necessitated by the retroactive application of such =- ordinance. Table I on page 11 indicates the ordinances revei� : and the mafor categories of uses they regulate. Effect of Ordinances Enacted b Other Jurisdictions: The U. S . Supreme ours* in Youn vs . American Mini -Theaters pointed out, as one of the bases or upholding the Detroit ordinance, that the regulation did not limit the number of "adult entertainment" businesses . Our study has indicated that the practical effect of literal adoption of "Detroit" language without modification in the City of Los Angeles would be to limit the potential �. locations for such businesses rather severely. Due to the predominance of commercial zoning in "strips" along ma or anS secondary streets, an. ordinance preventing "adult -entertainment" business from locating within 500 feet of residentially zoned property would, in effect, limit such businesses to thosa areas of the City where there is commercial zoning of greater than 500 feet in depth. Areas with such commercial frontage would include downtown Los Angeles a small part of Hollywood , 'aestwoo L and Century City. A few industrial areas would also T - afford. a. separation of this distance from residential properties. The limitation of 1,000 feet between establishments (as provided in the Detroit ordinance) would likely be inappropriate in tht.,City of Los Angeles inasmuch as commercial zoning is located in `a strip pattern along most of the City' s approximate 1,400 miles of major and secondary highways. ( It is estimated that approximately 400 miles of such "strip' coaamercimal zoning exists in the City. ) ' ,�. � ,fly ��t-.•_ �:.:.tea•- � ... ..•_• ,v .. Recommendations 1. If the City Council should find it advisable in light cf the findings of this report to recommend the preparation of an ordinance to control adult entertainment businesses , Such an ordinance should be of a dispersal type rather than a concentration type. (To build a planning policy basis for such regulation, the Council may also wish the Planning Department to consider the development of appropriate policies for incorporation within the Citywide Plan . ) 2. If a d1swsal type ordinance - is reccmmended by the City Council , the Planning Oepartient is of the opinion that such an ordi*ance should be designed for specific application in the City of Los Angeles, rather than the direct adoption of the Detroit model . If such a dispersal type ordinance is recommended for enactment locally, it should consider: a. distance requirements between adult entertainment establishments . The Planning Department recommends that a separation between establishments greater than -- 1,000 feet is. necessary and desirable. b, distance requirements separating adult entertainment establishments from churches , schools , parks, and the like. The Planning Department suggests that a _ separation of at least 500 feet is necessary. 'A similar distance separating adult. entertainment uses from single-family residential development should also - -' be considered. --sy" C. the possibility of enacting additional provisions to regulate signs and similar forms of advertising should also be considered. -_ .3. If the City Council should find it advisable to recommend ?• all of the types of "adult entertainment' businesses included in this study, it should consider whether all such - { uses should be in the same class and subject to the same regulations . �;.;,-.i': =:ter.,•. .. . .:. . , 4. Should the City Council recommend the preparation of a zoning ordinance to regulate adult entertainment , _ .. . businesses, other sections of the Municipal Code relating :• subject, including police e��ur.~. to the sub� permit requirements , should also be amended in order to be consistent with the zoning regulations and to facilitate the administration and enforcement of such regulations . The Planning Oepartm_nt acommands tnat : : rust-ic __. := review existing zoning regulations applf4 -g to the C• zc� : which currently prohibits "strip tease Oows" and that _-le Zoning Administrator. through interpretation ; consi *er expanding the list of prohibited uses in said zone :o include additional adult entertainment uses as h2l indantified. G . _ To assist in the ragul'ation of "adult entertainment" busi - nesses , the City should continue to vigorously enforce all existing provisions of the Municipal Code relating to the subject, including Zoning regulations . 71 i!� w} _~�� - M:1a•}� �7c.•1•.. ` .�- fit_ / •. - it• •' �.t� _ •./I Rom•• .. kv ••••ice •••. '^�;•.• • �. ' ;sue—• i . FINOINGS i . A Boston-type ordinance ( concentration) to control adult entertainment businesses would not be acceptable nor desirable in the City of Los Angeles . 2. In the event legislation is enacted in the City of Los Angeles there is adequate basis for a Oetroit-type ordinance ( dispersion ) which requires a distance of 1000 feet between establishments and 500 feet from residential zones . -- Existin locational patterns of adult entertainment businesses ?in Hollywood, Studio City, North Hollywood) actually represent a concentration rather than a dispersion of establishments . ( Such patterns are contrary to the Oetroit concept and are due, in fact; to the City' s strip commercial zoning pattern. ) 3. If dispersion is desired in Los Angeles, an ordinance should be designed specifically for the City. (Oi�ect application of the Oetroit ordinance would not be desire i-a or appropriate in Los Angeles and would, in part • tend to result in a concentration of such businesses . ) Statistics provided by the Los Angeles Police Oepartment (LAPO) indicate a proportionally larger increase in certain crimes in - Hollywood from 1955-75 , as compared with tha City of Los Angeles as a whole. (Hollywood has the largest concentration of adult entertainment businesses in the City. ) 5. Statistics provided by the LAPO indicate that there has been a large increase in adult entertainment enterprises since 1959 , particularly in Hollywood. From Oecember 1975 to Oecember 1976, however, there has been a decrease in such establishments . 6. Testimony obtained at two public meetings on the Adult Entertainment study conducted on April 27 and 28, 1977 indicated that: Many persons , including the elderly, are afraid to walk the streets in Hollywood. Concern was expressed that children are being exposed to sexually explicit materials and unsavory persons. Some businesses no longer remain open in the evenings and others have left the area allegedly directly or indirectly due to the establishment of adult entertainment businesses . In Hollywood, some churches drive the elderly to * services and others provide private guards in their parking lots. - Nearly ail persons opposed the concentration of adult entertainment activities . -4- 7 . a3spon5_5 o _j a,nnI 'i indicated that : Appraisers , realtors ; lenders ., etc beIiave concentration of adult entertainment estabIis`,nents nas a. adverse economic effects on both businesses and res ; d:ntial property in respect to markat value; rental value and rentability/saleability; that the advers, economic effects diminish with distance but that the effects extend even beyond a j000-foot radius ; and that the effects are related to the degree of concentration and to the - specific type of adult entertainment business . Businessmen , residents , etc. - believe that the concentra- tion of adult entertainment estab; ishments has adverse effects on both the quality of life, and on business and property values . Among the adverse business effects cited are : difficulty in retaining and attracting customers to non- "adult entertainment" businesses ; difficulty in recruiting employees ; and difficulty in renting office space and keeping desirable tenants . Among the adverse effects on the quality of life cited are increased crime; the effects on children ; neighborhood appearance: litter and graffiti . 8. A review of the percentage changes in the assessed value of commercial and residential property between 1970 and 1975 for the study .araas containing concentrations of adult entertain- went businesses have indicated that : - The three study areas in Hollywood containing udhi businesses hove increased less than the Hollywood Community, and less than the City as a whole. Two of the three study areas in Hollywood have increased less than their = = corresponding "control areas"; however; one such study aria ` increased by a greater amount than its corresponding control area. - • , a --JThe study -area in Studio City has increased by a grcatar percentage than Tts corresponding "control area" , by a slightly lower percentage than the Sherman Oaks-Studio City Community; and by a considerably greater percentage than the entire city. . The• study area in North Hollywood has increased by a considerably lower percentage than its corresponding control area, the North Hollywood Community; and the City as a whole . On the basis of, t,1e foregoing it cannot be concluded that adult entertainment b.usinessas have directly influenced changes in the assessed va1,ue- of commercial and residential �= propertias in the areas analyzed. _ gThere are various existing - laws and regulations (other than .. zoning) - available to effect -proper ' 'regulation of adult ., . � . entertainment businesses. ti ••�M •,�.jai-r-�,i,�!• e._•�+ � . There is a high degree of turnover in ind'_•r:,'4aI entertainment businesses as evidenced on pacu 51 t:^ cg change is preLably due to police enfoccemenL. ) 11. The Los c.ageles .City Council, both on its own initiati"» and the urging of Numerous citizens groues, has proposed a variet-r of approaches to limiting the possibly deleterious e!fects vc "adult entertainment" business on neighborhoods. 12. At 1eazt 10 cities have adopted ordinances similar to tie Detroit dispersal ordinance. Several other cities* ►.a',e .ilac ed oth-'r :erns of regulations. 13. The Detroit ordinance does not regulate massage parlocs. 0` cities with regulaticns, three have included mass3yP p,:r1-:_s within th= pu:view cf their .zoning ordinance. 14. None of the cities surveyed call out oc regulate adult motels a part of their "adult entertainment" ordinance. 15. The Detroit Ordinance is prospective in its application end therefore does not include an amortization pravidion, i.-I. provide for a time - period for the removal of exist.:,:. businesses. Although other such ordinances have included sucn provisions, none had been validated by the courts at the tixa o-' this st:idy. cc WA laws cri • � .' cam-- � g � c�c,, - �� .; CD 46W aM4fto cc c mom WWI 43 t 4 • •is_ .. .►�i-t.. . i•... , tom..' ice.•• � �R •�. w• �Zf LY Ju 71 1 X =a V. =-sueLU _ Izi Coll lam -Y1.J► 1'�` yam.- -�` `i� �`7..I`�Y��__i�.� ��-�1 II -� �Z;.►ill-�_ zV-�_'� ��.-i, ` _ __ "• t�•��,�,� t/t ' �•.' - '� ' j r J- f�~ ��.► .f_• .mac ` - _ � 2 . ..� t t ►a� •v �z.r- �-- i. �^-y0� r �y--'�� r-.{-.44 art. � • a**�1 �— � � ZA IL i t i C ►�rIl� i •► �'l _ r� IN , • lU - OOKS. 4 WA low 1 � �f - �r ,rye �.•� II . �u PURPOSE AND SCQPE On January 12; 1977 ; the Los Angeles City Council instructed t,nis c Oepartment, with the assistance of other City agencies . to conduct a `- comprehensive study. to determine whether v!e concentration of so-called " adult antertainment" establishments has a blighting or degrading effect on nea-by properties and/or neighborhoods . The term "adult entertainment" is a general term utilized by the Planning staff to collectively refer to businesses which primarily engage in the sale of material depicting sex or in providing certain sexual services . These would include the following : adult bookstores ; X-rated theaters ; adult mot`ls with X-rated entertain- ment ; massage parlors; sexual therapy establishments (other t;1an those operated by a licensed psychologist, psychiatrist, etc. ) ; and nude, topless or bat-topless bars and restaurants . During the past few years, there has been increasing concern in Los Angeles over Wi --proltfttation- := •of such sexually oriented businesses . The deriEvattan of such' concern is:,. varied--religious , moral , sac iolog:tc.al•-inn, e_co�aa�fie:�;; T =:positions:' ' adii�Cated by the public range from. a "laisser- fi+a.* "-attitaft. 14 _gddtrtght moral indignation and demand for It should be noted at this time that the topic of newsracks, was not dealt with in this study. The primary reason for not considering newsracks is that, in addition to the absence of a specific Council request for this Department to deal with that subject, this matter has been and continues to be a topic of liti¢ation in our state courts . Additionally;... 1 ��&4%14 —joe lip n the City Attorney, Bureau of Str =M'aintenance, and Building and Safety; are presently pursuing __issigamenti regarding newsracks ; ` and it is premature to determimt.-whether. newsracks could, feasibly be studied as "adul-t entertaisnt!• businesses, from ' a practical or i constitutional standp�irtt. . In giving the Planning Department this assignment, the City Council essentially called for a fact-finding process to determine whether adult entertainment establishments , where they exis in concentration, cause blight and deterioration. When this question has been posed to the public, there have frequently been anguished retorts to the effect that "the answer is so obvious it is ridicuious to even ask the question, " and "what is the City waiting for before it takes action to eliminate these scourges of society" On the other side of the spectrum, certain parties who are against the adoption of an regulations regarding "adult entertainment" question the legit Macy of the government ' s interest in the subject ; and they have noted that magazines as "scurrilous" as those sold in adult bookstores are also available in the markets and drugstores where the likelihood of perusal by youngsters is obviously greater than within the confines of an adult bookstore (where no p;rsan under 18 years of age is allowed) . -7- i In completing this study , the Planning Department hasate 3,�0� "� enter_3in effort to ensure a fair andQnnb1n5eductedysi �o Of "adult rite ment . " The staff has be_ o y information of a factualnddatthe ; and , glarge personal , orcefuily of organized groups a and in expressed at the staff phas�cmaintaineds independence the ssuch questionnaires , the s strong emotions in evaluating the data gathered. As noted above, the staff has specifically been given the . charge to determine whether the CO or of degradinglteffectertoonnmethe establishments has any blighting neighborhoods in which they reside. We did not consider the specific nature or content of thehtsaterials ohaveery constituted rendernda advertised or proices mise , for censor-like role for thOepartment which was neither _ desired nor requested by the Council . This study has focused on the Hollywood coma+Uhftj� as well , as portions of having the greatest concentratioty and North nodoes pandirlt. •-neas + ° Angeles having 9 _ establishments . In order to- assess the effect a Car.,. ;n starr of "adult entertainment" establishments in these= .areas , the values, has analyzed such factors as--chvrges ---- in assgSsad R�perty and reviewed various cr��ablestatistics theasU.S11 as ot her Census . Indeadddition , and related data as ova the Oepartment"has reviewe entertainment" businessshedncludingchiegislatio regulation of adult a ndt Ax. ter efforts of the already snar t -by�ther:jurisd,�-.t-�.W-::5 _� .. City of Gas "ger A.r e 4tr means `of'-. tv* prtrbtac�-; ettagY-=or'r` tfie �.:s"It. anua coy By Plsaniia 1E' ission, arid' throug� representatives of tht Ctty: 4' tment has also attemG: - of a mail survey questionnaire, tNe'�ft r. tation relative to the actual or perce ; provide additional documen impact of adult entertainmeatisti csuses hasss n the mu been provided in in separate information on crime sL ngeles Police Department, major - pprtrons report prepared by theLosincluded. of which are herein III . METHODS CURRENTLY USED TO REGULATE "ADULT ENTERTAINMENT" 31USi?+E::ES A . APPROACHES TO THE REGULATION OF ADULT ENTERTAINMENT BY LAND USE REGULATION Two primary methods of regulating "adult entertainment" businesses via land use regu; at ; ons have developed in the United States : the concentration aoproach , as evidenced ty the "CamCat Zone" in Boston , and the dispersal approach; initially developed by Detroit . 1. Baston Approach In Boston the "Combat Zone" was officially established by designation of an overlay Adult Entertainment District in November of 1974. The purpose of the overlay district was to create an area in which additional special uses would be permitted in designated Cemmarcial Zones which were not permitted in these zones on a citywide basis . The "Combat Zone" had existed unofficially for many years in Boston , as the area in question contained a majority of the "adult entertainment" facilities in the City. The ordinance was adopted in response to concern over the spreading of such uses to neighborhoods where they were deemed to be inappropriate. Other considerations included facilitating the policing of such activities and allowing those persons who do not care to be subjected to sucz businesses to avoid then. Under the Boston ordinance, adult bookstores and "commercial entertainment businesses" are consid-red conditional or forbidden uses except in the Business Entertainment Oistrict . Existing "adult entertainment" businesses are permitted to continue as non-conforming uses, but, it 'discontinued for a period of two years : may not ba. re-established. Establishment of uses in areas of the city other than the "Combat Zone" requires a public hearing before the Zoning Board of Appeals . The effectiveness and appropriateness of the Boston approach is a subject of controversy. There has team some Indication that it has resulted in an increase in crime within the district and that there is an increased vacancy rate in the surrounding office. buildings . Due to complaints of serious criminal incidents , law enforcement activities have been increased and a number of liquor licenses in the area have been revoked. Since the "Combat Zone" and most of the surrounding area are pa.-t" of -various redevelopment projects, however, the change in character of the area cannot be attributed solely to the existence of "adult entertainment" businesses . -9- In Los Angers • the Policy OQparr.mcn: 'nas ? nv-_St "3- -•�- effect of "adult ant_rtainment" businesses � n HOI =^c found a link between tha clustering of thcs,� _Sta S:^-znt and an increase in crime . ( See Section V pages z, 55 ) . For this reason , and dua to the 2nforcamcnt pro- 1 `n created by such concentrations , t;je Police Oepartment is not in favor of a concentration approach in the City of :o5 eles . Public testimony at hearings and through Planning rn—gDepartment questionnaires ;1as indicated an overwhelming public disapproval of this approach for the City of Las Angeles . 2 . Detroit Approach The City of Detroit has developed a contrasting approach to the control of "adult entertainment" businesses . The Detroit Ordinance attempts to disperse adult bookstores and theaters by providing that such uses cannot , without special permission, be located within 1000 feet of any other "regulated uses" or within 500 feet of a residentially zoned area. This ordinance was an amendment to an existing anti -skid row ordinance which attempted to prevent further neighborhood deterioration by dispersing cabarets , motels , billiard establishments rather athan dance halls allowingthem toconcentrate.similar The ordinance was immediately challenged and eventually wa upheld by the United States Supreme Court. ( Youngv'" American mini Theaters 96 Supreme Ct. 771, 1976. ) In response to our request, data supplied by the City of Detroit Police Department indicates that the combination . of the dispersal ordinance and a related ordinance prohibiting the promotion of pornography have been an effective tool in controlling adult businesses . To date, 18 adult bookstores and 6 adult theaters have been closed. There ara 51 such businesses still in operation in Detroit and 38 pending court cases for various ordinance violations . 3 . Variations Adopted by Other Cities The success of the Detroit ordinance has spurred attempts b7 a number of other cities to adopt similar ordinances . The uses controlled and the types of controls established by these ordinances are summarized in Tables I and II , infra. While the current study of the effect of "adult entertainment' businesses on neighborhoods in Los Angeles has encompassed all forms of "adult entertainment" , th; ordinances reviewed and the Detroit Ordinance -specifically, are less encompassing in scope. Table t; on the following, page. lists and reviews , a number of ordinances ; whi regulate various specified adult uses. -10- TABLE I Number of Zoning Ordinances Regulating Specified Adult Entertainment Uses ( 11 Ordinances Reviewed-i not adopted) No . of Cities USE Regulating* Adult Theaters it Adult Bookstores g Mini-theaters and coin operated facilities 5 Massage Parlors ( includes "physical culture establishments) Modeling Studios/Body Painting 2 Pool/Billiard Halls Z Topless Entertainment 1 Newsracks O Adult Motels f f i (Numbers hav3 incorporated-where appropriate-uses entitled "physical culture establishments" and "businesses to which persons under 18 could not be admitted" . ) -I1- The patroit dispersal ordinance does not ragulacl lorS ;- nor does it require any existing business by amortization . Many of the more recent _nc_s par include amortization provisions Ind several of tees'- are currently in varying stages of litigation . Perhaps the most comprehensive ordinance proposed to d '-'- ( although not adopted ) is that of New York City . Tie proposed or creates five classes of controlled uses , one of which is entitled "physical culture establishments" and is defined as a general class 9 establishment which offers massage or other physical contact by members of the opposite sex . The ordinance would also apply to clubs where the primary activity of such club constitutes one of the five defined classes of adult uses . The ordinance also provides for a special permit exempting individual adult uses from amortization requirements when the Board of Standards and Appeals makes findings regarding : 1 . The effect on adjacent property; 2 . Distance to nearest residential district ; 3 . The concentration that may remain and its effect on the surrounding neighborhood; 4. That retention of the business will not interfere with any program of neighborhood preservation or renewal ; c 5 . In the case of an adult bookstore or motion pictu�2 theater, the Board finds that the harm created by use is outweighed by its benefits . of Bellflower and Norwalk have enacted Locally, the cities ordinances requiring adult bookstores and theaters ystud , obtain a conditional rsm . As a over 90part of cities tinir5outhern the City of Bellflo e surveyed were California to deterOfnthe cities whichher respondedcontrolling to the adult bookstores . 0 Bellflower survey, •12 require a conditional use permit for new bookstores . The conditions for obtaining such a permit generally include dispersal based Be11flowerta also nce reincludes tsparking upon the Detroit model . requirements and the screening of windows to prevent a view of the interior itPhicans bethe use heard offromudspublics or ar sound eQuipwen which . semi-public areas . Other cities impose such controls as design review, and raguire prohibition of obscene material on"adult"9ns Such controls identification of the business as are a possible alternative or addition to regulation of adult uses by location. - --- -12• Exterior controls affect the aspects of adult PZus : -Issas which are most offensive to some citizens . The oasis such controls stems from the recognition of privacy as a constitutional right and the right to be " left alone" as a part of that right . ( See Paris Adult Theatre I v Slayton, 93 S .Ct . 2628 1913 . ) Table II , following , provides a comparison and description of ordinances from various cities which are regulating "adult entertainment" businesses by dispersal . 1 The theory that there should be no first amendment bar to sign controls is discussed by Charles Rembar, in "ObscEnity--forget It', Atlantic Monthly, May 1977, pgs. 37-41 . -13- ..Ci = ado � °6 cc c � 41 u o o a 4+C+ O r+ • ° $ � c. � y ° c 00 .2 0 Q .Izoeco L .. ., e 492N C.+4 14 OCv $4 0SdC0.4 � OC62CG-y < Q Lc++ w 0.4 _ O y o -4 C+ >� a ++ C 01- C m +4 cc 0 Qa O cc� Z dC N NV 64 ld gym " 03 C gg o V D Has = v 114 ci - i o N 04 I+ y o cal c _ 0 • y0 • •AJ `Qo a c a L O C Cl O Lr O 4 •.r • • �p•� is Ir 4 qP4•+ • N O-+ 4 a 0 a tr M y00404 O O as O Aj C.0 •r .r C C m .r v • CC » Qa 04014•. .+ er ao �•4-+ OIOU s. 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Red Light Abatement Procedure Red light abatement is a mechanism authorized by state law which allows local government to control criminal sexual behavior by controlling the places in which such behavior occurs . Sec. 11225 of the California Penal Code generally provides that every building or place used for iliega•1 ' gambling , lewdness , assignation, or prostitution , or where such acts occur, is a nuisance which shall be enjoined. abated; and prevented. there are three basic steps involved in the City' s application of the Rad Light Abatement Proc3dures : ( a) A complaint is filed by the City Attorney based upon the declarations of police officers of instances of prostitution taking place on the premises . (b) The City attempts to obtain a preliminary injunction to shut down the business until completion of the scheduled trial . If the City succeeds, the premises may only be re-opened as a legitimate business until the time of the trial . (c) At the trial , the burden is on. the City to prove that prohibited acts occurred on the premises . The remedy may be closure of the premises for all purposes for one year, placing the building in the custody of the court, or an order preveneing the use of the premises for prostitution forever. Complaints may be filed by citizens, and Sec. 11228 of the Code provides that in Red Light Abatement Actions uevidence of the general reputation of a place is admissible for the purpose of proving the existence of a nuisance' . This method has been used successfully by the City to abate adult entertainment• establishments in Hollywood along Western Avenue. Although Red Light Abatement is directed at regulating sites, a Red Light Abatement conviction can affect the ability of an owner or operator to obtain a permit for a similar business at another site ( see permit requirements supra) . Oue to the requirement of a court proceeding, however, this method of control is both time consuming and expensive. . -14- 2 , Police Permit Requirements Section 103 of the Los Angeles Municipal Code :r:vi �es f the regulation and c--ntrcl of a variety of businesses permits issued by the Board of Police Commissi3ners . Permittees are subject to such additional requirements _s may be imposed by law or by the rules and regulations cf the Board. Those businesses fcr which the City of Los Angeles requires a police permit and which may also be oriented tewarts adult entertainment include : - Arcades ( Sec . 103 . 101) - Bath and Massage ( 103 . 205 ) - Cafe Entertainment and Shows ( 103 . 102) - Oancing Academies , Clubs , Halls ( 103 . 105 , 106 , 106. 1) - Motion Picture Shows ( 103. 108) In some cases, - the specific regulations 'applied to a business , if enforced, preclude adult entertainment activities as a part of, the operation of the business, with revocation of the operating permit an available remedy for violation of the regulation. . +i- The most detailed regulations are applied to cafe entertainment ( Sec. 103 . 102 LAMC) and are summarized as follows: a. Businesses Subject to the Regulations Operation of cafe entertainment or show for profit , and the operation of public places where food beverages are sold or given away entertainment, shows , still - or motion furnished, allowed or shown. The regulation �aes apply to bands or orchestras providing music for dancing. It. -Cafe Entertainment Defined 'Every form of live entertainment, music solo band cr orchestra, act, , play, burlesque snow, revue, pantomime, scene, song or dance act". The presence of any waitress , hostess , female attendant or female patron or quest attired in a costume of clothing that exposes to public view any portion of either breast at or below the a'recla is included with the purview of the ordinance. -15- C. Summary of Activities Prohibited Allowing any person for compensation or not , or while acting as an entertainer or participating in any live act or demonstration to : ( Q .._Exptose his or her genitals , pubic hair, buttocks or any port-Lon of the female breast at or beiaw t h e a r e o l a-:-,_ (2 ) Wear, use, or employ, or permit , procure , - counsel or assist another person to wear us., or employ, any device , costume or covering which gives the appearance of or simulates the genitals , pubic hair, natal cleft, perineum or any portion of the female breast at or below the areola. Tne above provisions do not apply to a theatrical oarfarmance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. The permit may also be revoked for conviction of the permittee, his employee, agent or any person associated with permittee as partner, director, officer, stockholder, associate or manager. of: (1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play; ( 2) An offense involving lewd conduct ; ( 3) An offense involving use of force and violence upon the person or another ; (4) An offense involving misconduct with children ; (5 ) An offense involving maintenance of a nuisance in connection with the same or similar business ooeration;' or, if the permittee has allowed or. permitted acts of sexual misconduct to be committed within the licensed premise. Massage businesses have traditionally been regulated by licensing. The latest changes in the massage regulatiors beeLme effective in November of 1976 . The application for a permit now requires : ( 1 ) det.. iled information regarding the applicant ; • (2) nave, addrass of the owner -and lessor of the pr,.Perty upon or in which the business is to be coiducted, and a copy of the lease or rental age cement; -16- -(3) rccui rcment of r. publ; c healing prior to : s ::.r.c= of pe=riit for the ooerp-tior. of business. operating -equirenents for Message businesses - a permit for L eh Tassage tecr.^.ici�n; regulation of the hours of operation; - postad list of av?�31ahic services arse their cost; r. record of each treatment, the name ; address of the patron, neme of emp3ogee and type of treitment administered. So-called "private" clues or "consenting adult cuts" which have ostensibly been formed as an alternative to massage parlors had until recently been regulated via the requirement of a social club permit. In Jun-, 1977, however, the ordinance establishing such requirement was declared unconstitutional. Ly a Los Angeles KunciPal Court due to unreason.�b' restrictions on the freedoo. of association. To d' it Is urkncs.•n whether the City will appeal the ruling or emend the ordinance. f i `'err HER REGULATION OF AOULT - ENTERTAINMENT BUSINESSES IN LOS ANGEL_S egulation of adult entertainment businesses has a long history in Los Angeles . In 1915 the "prevalence of sex evils arising out of massage parlors" caused the City CCunCil then to enact Section 27 .03 (L .A.M.C. ) as "a safeguard against the deterio- ration of the social life of the community. " The ordinance provided : "( a) It shall be unlawful for any person to administer , for hire or reward, to any person of the opposite sex , any massage, any alcohol rub or similar treatment , any fomentation , any bath or electric or magnetic treatment , nor shall any person cause or permit in or about his place or business or in connection with his business , any agent, employee. or servant or any other person under his control or supervision, to administeS any such treatment to any person of the opposite sex. " . This provision remained in the Code, in one form or another , until a similar Los Angeles County ordinance was declared Invalid in 1972 due to the pr1emption of the criminal aspects of sexual activity by the State. In reaching its conclusion, the court referred to the discussion of the Los Angeles City ordinance in In Re Maki . This 1943 case . Lupheld the constitutional validity of the ordinance, and, according to the court, established the primary purpose of such. ordinance as the limiting of criminal sexual activity. The late 1960 ' s and early 1910 ' s brought a proliferation of. nude bars and sexual scam joints in the Los Angeles area. In 1969 , the Cafe Entertainment regulations (Section 103.102 Los Angeles Business Code) was modified to include strict controls on nudity (See discussion infra) . A variety of Council motions were made to control other types of 'adult entertainment' such as arcades, massage parlors, and newsracks . Many of these were initiated due to substantial citizen complaints, and some resulted in final ordinances . ( See Table III pages 19a to 19d. ) 2 In Re Maki 56 CA 2d. 6339 1943. 3 'Section 27 ,03.1 Los Angeles Municipal Code, 1938 . Lancaster v Municipal Court 6 C 3d 805 , 1972. . •18- 3eginnizg in 1974 , several Council motions ware mad: S_r::r_ calling for an investigation and preparation of a n c c r_gu; ating adult theaters and bookstores . The advice c7 t'-a City Attorney was sought ; and at the suggcstio;, of t:iat Cfficz . action was delayed pending the Supreme Court decision regard ' nz the Octroit Ordinance. That decision was handed down in June of : S7y . On July 13, 1576 . a Council motion was int-cduced ::� Councilman Wilkinson requesting a study of concentrations of adult entertainment similar to that cf Detroit . Ta5le III provides a generalized summary of t'--a major C"'--- i ' files and actions relating to adult entertainment . White not part of this study;, a recently enactad ord; r--n— controlling On site sate of alcoholic beverages should recogniz:d as an attempt to control another adult-t;pe us : . Effective Marcy 1 , 1977 , the Los Angeles Muncipai Cody amended to require a conditional use permit for the on-site i of alcoholic beverages . (Council File No . 70-200 . City P ' =^ Case No. 22878) . Although aimed at the regulation o-, anti -social activities in all establishments serving aIcnh.oliC beverages . the subject ordinance would; of course, also i1ave n;p: llover" effect with regard to those businesses which have aoult entertainment as well as alcoholic beverages . Generally, the ordinance would, in all cases, require . ssuenc:. of a conditional use permit for any business selling alcoholic,, beverages for on-site consumption, rather than the pccv Ott practice of permitting them as a muter of right in s a zones . The advantage of the new procedure t t;�2re prerequisite of approval of an indij procedure apPTicati atianooscd use must be a public hearing to determine whether the will have a detrimental effect upon nearby properties and t�;_ neighborhood in which it is being proposed . In the long run : the ordinance may prove to be an effective device. to- regulate uses (dispensing alcoholic bevar?gas) which tend to have deteriorating effect of an area; some of which mAy, coinci - dentally, also be adult entertainment businesses . -iS- C 0 C ••• 41 � m :j C 0 40 a �+ •+ a .� eV AJ-r 4% C. 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METHOOOLOGY ANO ANALYSIS Methodology In complying with the City Council ' s instructions , the Oepartment has utilized various available data sources , including property assessment data, U . S . Census data, and obtained other information germane to the subject in an effort to determine, on an amoiricai basis , the effects ( if any) of adult entertainment facilities on surrounding business and other properties . The Oepartment also reviewed sales data of commercial and' residential property in areas containing concentrations of adult entertainment businesses and in "control areas" containing no such concentrations . The staff also attempted to secure information on the sales volume of commmercial properties , but was unable to obtain this information . It should be emphasized that, in conducting this study, every effort was made by the Oepartment to preclude the introduction of subjec- tive judgment or other bias , except where the opinions of other individuals or groups were specifically solicited. * It was the Oepartment ' s intent to base any conclusions entirely on relevant data and other factual information which became available during the course of conducting the study. The procedure employed by the Oepartment in conducting this study involved the following areas of emphasis : " 1. A measure of the change from 1970-76 in assessed "market value* of land and improvements for the property occupied by and within an appropriate radius of five known "clusters" (nodes ) of "adult entertainment" businesses . An identical measure of four "control areas" without concentrations of adult entertainment businesses was also made to determine if a significant difference in the rate of change in assessment values occurred in such areas between 1970 and 1976. Comparisons were also made with the entire community in which the concentration nodes were located. 2 . An analysis of responses received from a -mail survey questionnaire conducted by the Planning Oepartment ; * Expert opinions were requested from realtors , realty boards , appraisers and lenders through letters and questionnaires . The Oepartment also sent letters to local members of the American Sociological Association requesting their assistance in this study. . Their replies were limited in number and not. significant in terms of this study. -20- Review Of availab-le data from the U . S . __nsuses o � 3 . 1970, including the results Gf a "Cluster :n! lt s ' S ' 4 Igo. ' description of Hoilywood based on such analysis =-^- the City' s Community Analysis 3ureau ; 4 . An analysis of verbal and written testimony obtiin3d at two public meetings on t`tis suCjact conducted on April 21 and 28 , 1917 by representatives of th3 City P •. anning Commission ; S . A review of various approaches to the raguletion of ":dolt entertainment" businesses . including legislation enacted by other jurisdictions ; 6 . An analysis of alternate forms of control ; including existing Municipal Code provisions relative to this general subject; 7 . A discussion of earlier efforts of the City to control adult entertainment in Los Angeles ; and S. A presentaticn of the Los Angeles City Police Oepartment ' s report dealing with crime statistics and their ralation to "adult entertainment" businesses in Hollywood. . 9 , The actual " last sales price" of commercial and residential properties in areas containing concentration - were entertainment" businesses were compared with _ values of property in such areas . The results C, t compared with "control arias* containing no conc�ntrati of such businesses . ( It was found that the actual sal e prices tended to parallel assessed values and that in other cases the comparison was inconclusive. No Turner discussion of this aspect of the study is contained herein . ) 10. In an attempt to determine any possible effects of "adult entertainment establishments" on business sales volume, the Department reviewed sales data from a Dun and Bradstr<<_t computer tape file for the years 1970 and 1976. However, this source of date could not be used since it did not contain- directly cemparabie information for the two years indicatad. (A substantial change in the number of member firms listed apparently occurred aftar :970. ) In addition, the Department requested sales information from the City Clartt_' s Business Liccnse File. The City Clark advised that the generation of the information requested would require 100 man-days of work: consequently their information could not be obtained within the time constraints for completion of the study. -2i- Qems 5 , 6 . and 7 , above, are- the subject cf Section iII :^ s port , entitled -Methods Currently Used to Regul -ta , 1 ,1tartainment Business " . The Police Department ' s r3;^rt Is discussed herein as Section 11 . The Plcnning Oepartment ' s !nIlys '- s cf topics 1 through 4 is described in detail , below . A. CHANGES IN ASSESSEO VALUATION BETWEEN 1970-76 IN FIVE SEPARATE AREAS CONTAINING HIGH CONCENTRATIONS OF AOULT ENTERTAINMEIT 3USINESSES In order to determine if there has been a significant . change in assesses' property values which may have been influenced by tree proliferation of "adult entertainment" businesses , the Oepartment has calculated the change in the assessed value cf land and improvements for properties occupied by, and locatec within, a 1 ,000 to 1,800 foot radius of known concentrations ;f adult entertainment businesses . Five such areas were selected for analysis , as described below. The year 1970 was selected as the base period because of the availability of data for that year , and since that point in time corresponds approximately with the beginning of the proliferation of adult entertainment businesses in Los Angeles . The percentage change in the assessed "market" value of land and improvements for commercial and residential properties was calculated for the 1970 base year and for 1976 . Similar calculations covering the same time period were also prepared for "control areas" ( containing no concentration of adult entertainment businesses ) but which were similar, in tarms of zoning and land use , or ,which were located in geographical proximity to the study area nodes . Four such control areas were selected. 1 . Study and Control Areas On the basis of field invesigations and other available data, the Oepartment determined that there are five different areas within the City suitable for analysis , each containing a relatively high concentration of adult entertainment establishments . As shown in Exhibits "A" and "B" on the following pages , three of these concentrations (or 'nodes' of activity) are located in Hollywood; one is In Studio City; and one is in North Hollywood. In each case, the focal point of the area selected for analysis was the intersection of two major streets , with the adult entertainment businesses located along the commercially zoned frontage of one o-r both of the streets forming the intersection. In four of the five areas selected, residentially zoned and developed ' properties are situated not farther than one-half block from the commercially-zoned frontage. (One node in .Hollywood is entirely surrounded by commercial properties . ) -22- 'tS ��oOH Nair V r j 0 i VII L Or ; N r 0 SAW WCU" ? r e 46 CL ICI �'SQ 0 ` • O ` '1 r � Z•� Q O + 4 :r :� a < 1 •' W.� 2i Z' OW co }S pw�r5• lid • ,� r _ o h t } Sa''`'d�r � < �Cyr • z s lie O V J t �. • •< Z � � • O t v • M s' a «- �••-_ s <, O co y� Now rs a �: Y • ems• . � ae 3 • z �t O' • r w OS Although main Street intrationoWof Lsex-orgenta _ `businesses relatively high concen t- s area was (primarily theaters, arcades and bookstores) , p e no residential orccerties not selected for analyslsthereto. In addition, Main Street are located in proximity arcades, has traditionally contained burlesque theaters, arcades, has bars and similar types of establishments, been no significant change in generalised pattern of land use during the past ten years. In the Hollywood area, the focal points of concentration are he the following three intersections: Santa Monica • Boulevard and Western Avenue (containing 12 businesses) ; Hollywood Boulevard and Western Avenue (9 such businesses) ; aad scimna Avenue and Cahauenga theulfocal (coa taining 7 such businesses) . In Studio City, a Avenue point n east e (atmain EurekaerDrive)n which - cof ontains six ungand Vineland Avenue a in North Hollywood the adult entertainment businesses; an focus of concentration is at Lankershim Boulevard and Vineland Avenue (containing 4 n the foot area, property within an approximate I th thfoot radius of the above named intesections was included fog purposes of analysis. In Studio City it was appropriate to include =adiusproperties intersection ofthEureka an- approximate 11500 foot within an approximate Drive; in North Hollywood, property 1,500 foot. radius of the intersection of for analysis Boulevard and Vineland Avenue was se_ in Exhibit "A" , three separate "control As also shown in Hollywood , each originating ,t areas " were established the intersection of two major s�tee1s000�footoraeiusm��ssthe all property within an ontapp � l areas Street inter52ctiCn . C�ntr01 dr215 were established 3t : Santa Monica Boulevard and Vermont Avenue ; Hollywood Boulevard and Highland Avenue ; and Hollywood Boulevard and Gower Street . In the San Fernando Valley, Exhibit 8 indicates one control area, centered andtersection of encompassing Lankershim Boulevard i p approximately 1 ,500 feet of property within a radius of that intesection , relates to the two nodes of oaf concentration eencontrol in Studio City and North Hollywood . s within its areas has adult entertiment thesarea5esurrounding the boundaries , with the exception intersection of Hollywood Boulevard and Gower Street which contains one such business . Table I-V, indicates the percent ag90htog�uly 1976ssfor in asseedand and improvement value from July 17 commercial and resrdau�dang eacherof theomfiveednodes taf applicable radius su concentration, together with their corresponding control areas . For purposes of comparison, the same data is- shown the for the entire City and for Shnceomconcentratmunity hons in wofchadult study areas are located. entertainment businss business hproperave a tiesicinaranefarea, °a the value of other separate tabulation is also and control for of area. (cabmeercVal zoned land within each s Y As indicated in Table IV ,l tvaluat0ion6 ofrccommerciallyge and in total assessed market land plus improvements) residentially zoned property increased in all three areas in Hollywood containing con" ncentrations of adult entertainment businesses• increase . nce in the magnitude of there was some varia the g• 8.11, and Changes in the three study area nodes were Zin the three 3.41 percent; compared with increases corresponding control area of 12.53, 1. 94 , and 5 .09 percent, respectively. The study area node located Zt79apeTcent�, iccompared Boulevard withand a Western Avenue increased yin the substantially greater increase of 12.53 pedant assessed "control area associated with that node. Of value within the study area suBoulevard tincreasedhe eCbyon3.41 Selma Avenue and Cahuengathe percent while the associatedco5 .091 percent. In bdirect slightly greater a�pattecunt of however , the Hollywood and contrast to this pattern, while its Western node registered an 8.71 percent increase, corresponding control area increased by only 1.94 percent . f q I I I w a r O Q n N I m + ► �"+ �+ r r al E, .+ I ( N e•� i o c r aa4 coy I I I I � r C I �d M I r••l N N > P4 I Q in w LO 4 � � m � � � m h �O r Q% .� O I i I I f•9 r /V m m m en Cn ►re u � sr I I t I c > 04 ri i N �o o m N � 1 4 0 V C N m {A P1 rl h N O 0vv m0 4 c � e c ..� m a 1 1 1 I .a y O ev o I a+ o i t rl .•1 rC I �o qr I ° yy y � ' � r+ c-4 w I 1 I I M .rioau y u*3 k3 w P4 c m r oa %I dto►► 1 1 1 I �' .+ o ci c o O a 1 1 I I a y .= o� I > c � oo s l e c ,° I me+w rio 0 so l y rw 1 0o I o C y r .� s3 w l v v w l a v w I +�+•• c v 1 o •s o.• o w-- w u o w � °' � v+ O•1 .` � •+ .• $$ 1 A r I s r $ 1 q.Oi G O I s Lei lOr e-ai o 0 3 I m � i b 1 e.q t .d s P4 r .+ .. u • O a 7 U � G t 4 C mimam 1 > > 1 O O Q 1 Oin Ot o C = one .1 O O r1 • ... isw -+ o o•+ n i ao •• m •y 1 a- m�+ v can o o`s ._�.�IA e� -too 1 $`=o' `=o' I _ a I r a atiz .. � � I •w°•s oo: 3 INSi ,3 o 1 ; I (400, coo a C •� C '+ C �� Ow C {1 CO i •+ O � O I � a '♦ w 1 v46 or•+z a� 4 1 = 4 a iC l CA st m I h m .ot •C 1 f m n o •+ 41 O N ♦ .� P� ■ e+ C 1 ■ !ft C v+ N o a o w qr • • ~ �► N .+ 04 H rtf 7 Fy aP4 In at N in0 In O it a • • • " y rft a O O O H !r A c y 1 O c c � a+ ■ n - C4 ' at 4 4 1 m Oct! e+ Z Z Z Z ri Z s r1 h i+ 0 a V4 �o Oar ° w = a y . 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N Lf N t E • O rD E• !V CV rl t: o p7 a m i ej 2 4 +1 n +Ci O ii i "CJ C C7 a � ! C 1A r•i �O N Ct Q ii P-4 •� m Ch u's In 1 > c -4 y it -+ a+aiac0 Z o o N � 1 m � s mtg�m a 1 V c • L La C vAj t aacaaa sr .+ = ad • TRH t mC4s Aj 120 a E ye OC 'd !V at PW- N 1 :0w a W4 z Q • • • • 1 hl a+1 Pi .4 O y m e•! .♦ 1 0 .4 >•a C• y 0; t > ewo � Ce y e► t m U >-4 B a ■ 0 a 1 0 7 C t� 0.4 .4 � y 7 s 1 o -04 • O O N N Ow . C y 0 P4 1 +_+ � Oenv 'O C C 00 yi omw ■ocy Pod.04 e •4 00 t eo-4wa a I v e to► t r•e+ e .�•t e y O y at t . b . . . r • 1Z G tip cc ZsmO z z z z t 4 O 0 � �••i = ••+ o .+ got 1 oy " i'4cw iO1 0 1 •• G• O w w • r7 •C 'O • • O • 00 • 1 > Oi1 3tw ago 0.04 Vol -.04 too .+ as O .04Q 1 C = a qy a • i as y 1 to .4aw ao = 1 > wileel AO i• . � C y t ~ � < 4 +& a -4 )t ►A �1 .i • O 4 as �/ • t O O e • 1 'O -W 0o1046 tiO w ++ • 1 v 4"'++-40.4 31 40 a. • 1 1 a e a 0" y •i A o eo•w■ i o , = "o All yam ■ iv v a. 1 e �++ � • w�y ooe ii a o --4 t o 4eme O Oey A toV 1 O o qCq� wo %a 01 m 3 .3 1 CI rC . Z t■ Z Or The percentage inc; n_ge to assessed values within the t`tree the control 'ret.s : was considz-zljY study areas : as well as `ins registered by th.. less in each case, than percent!92 9' the City as a whole . Community or in the San In the case of the study area nodal located Fernando Valley, the pattern appears to be, somewhat more The study area node containing adult spurious . ( Centered entertainment businesses located in StuAvenueitand Ventura east of the intersection of Tujunga Boulevard) increased by 64. 93 percent--the largest increase of the areas analyzed. In direct contrast , of any The "adult entertainment node" 16cbteonly 12 -61 p?•mCent . Th and Vineland Avenue increase Yarnando one "control area" associated witerC2nie--tw 3 substantially Valley nodes increased by 42. ol p e: cent greater gain than the North Hollywood n (Whether the ode: but 22 percent less than the Studio City the percentage increase shown frea.ssessmentor the o cannot bewreadily direct result of a recent re determined. ) that of the entire Sherman The increase in assessed value within the Studio C_Y Study- The area was virtually the same percentage a s-Studio City Community but almost twice the P in the es gain for commzrcia�thaHcllywoodential study apeaPincreased by a entire City. The N° than the North Hollywood considerably lower pe-centaga Community and the City as a whole. ercentage change in assessed With regard to commercialh roperties considered s?pass a e Table IV-A raves s that t e / generally values of land and improvements ints n wcorrsponding laser in all study areas is the control areas. One notable exception : however, which Santa Monica Boulevard and Western Avenue "ode control increased by 3.4 percent; while its corresponding percent . area (Santa Monica and Vermont) . dacreased by and Hollywood In Hollywood the change iney�nssi; vtheesenti Of rel study r=as control areas Mal jaFarnando Valley the two study . Community. In the San both increased less than the entire communities• within which they are situ&te Z , Conclusion - Chan es in Assessed Valuation m to be some On the basis of the foragoing. there would see property basis to conclude that the assessed nc entr ti of f adult within the study araas containing concentrations oincrease entertainment businesses have enerall tandedw�tfiout such to lesser degree than Simi ar areas anion concarations . However, in the staff ' s op there would appear to be insuffiOn$ ofent eVsex-orientedsubusiness s contention that concentratio s in have been the primary cause of these patterns of change ;25- assessed valuations between 1970 and 1913 . Hawevcr , responses to the Oepartment ' s mail questionnaires from real estate representatives and appraisers have indicated that in their opinion, concentrations of adult entertainment businesses have, in some cases , had a direct negative impact on property values . (owl f -26- 3 , PUBLIC MEETINGS representatives of the Two public meetings were conducted by receive citizen "adult City Planning Commission any, of concentrations of regarding the effects , properties end entertainment establishmentoticeoof theahearings was published of surrounding neighborhoods . to in local newspapers. airesidentialon diproDertYedwithin ow500s f . commercial :nd multiplepreviously radius of the study areas and also questionnaire.persos who had responded to the Oep Le The first meeting was held in Hsecond*meetingriwasl ' conducted in Conte Junior High School . The Northridge on April 28 , 1977 ;it Northridge Junior High School . conducted by Planning Commission Presidi Suzette Neiman and Planning Both meetings were Commissioner Oaniel Garcia, wth OeputY City Attorney Chris Funk also in attendance. questionnaires were available at the meetings for the 0 to submit their comments in writing . E convenience of those wishing - Hollywood Attendance was rpproximately 200 persons at the A combined meeting and 300 Persons at s the tNorthridissioneet7he� foilowin�Tais total of 60 persons the Commission. a summary of the comments received by for lei Office, Rocm recordings of the hearings are alannib1eCommisseView under City - Plan Case Number 26475 Halle telephone (213) 485-5071 . ) 56I-K, Los Angeles, City was ~ The most prevalent type of comment at the Hollywood meeting where an expression of fear of walking s izreareancentrated . "rThis entertainment' and related parents , reluctant to alloy their concern was expressed both by p and by children to be exposed to offensive signs and wares , either women and elderly persons who feared walking in the in the day or evening; because of the incidence of crime f ste5tified that they felt ttieir citatlon and other crimes we re area. Specific instances o their recited. Some proprietors businesses have suffered, dUe totsfcencernedear on the part of t e customers . Other common Statemen Physical or economic deteriorationof the area resulting from the influx of adult businesses . An increase in street crime. Offensive signs and displays . such as prod A need to use existing enforcement tools : entertainment" light abatement to busi.Desses. -27- Genega art gallery proprietors Representatives of La recent establishment of an adult expressed concern over the °ts incompatibility with gallery thea ter in the area and i use. Theaters" organization "Pussycat nea .ers the theater A representative of the survey taken by Of patrons were middle informed thndi�ated.Sthattthe majority and that many were operators registered voters , class , that mos * were re9 � was stated that a large patrons were found to reside within a few miles t married fntheaP college educations . It of this theater � chain number o The representat of their theaters . lumping" Of . all adult entertainmenof expressed concern at the He felt that in terms the into one classification . the neighborhood , businesses and effect upon aesthetics, clientele, the were not in the same classCammissoion arequestedot other theaters it has not been Of adult businesses . (The however , written docoumdea�ea�ion of the survey; received t expressed concern Several speakers at the Northridge meeting opinion an that their displeasure should the he that the City even felt it neededto request their over such a subject . They felt ra hic materials s la of pled p had been responsible distribution and ( Vindicated how they San Fernando obvious . Citizens also of certain establishments the speakers indicated Lfor the closing and other means . and display of , Valley by picketing the availability that they were disturbed by obscene material in drug stores and supermarkets . relevant The fo l low i.ng is a summary listing of specific comments from the two meetings: Nollvwaod Meetin April 279 1977 that organized crime in the businesservice It was alleged business and that this is a $64 millionBoulevard was once a Hollywood Hollywood and particu there is a different class of people . cultural center; not+ wood and Hollywood Boulevard . This is a degeneration of Holly people walk around in In Hollywood, due to fear for safety, P • groups, not alone or as couples. are there ttutes, etc. public nuisance laws, red light abatement sa _ Zoning is not the ultimate response to obscenity: pare in P did not allow their children There was concern abohatttheyffects on children; and attacks . Hollywood indicated there are too many muggings to walk unescorted: in o ulation of problems brought on by the changing p p minor _ There are A hts, acts of mischief and the area: street f i9 property damages have resulted . ** -28- thjt the htd not «�?.kid in the Persons ind'-ca�uggings. soYicitrt=ens , etc. area for ycres due to City should mike 9 :eater use or the Red Light AbatemZnt Law. _� be:.n9 c:.sentat_va ta?.ked y on rcP :01 was .� •1 • w,ocd Bcu3 va;d; thrt cr_ A hcmeown2zs' rs�°Gont and that this was acccstlid by a 9- tyefts, an "fal S-cut" of adui t entertai=tm�ny mcecr_ for ctimes, such es burglary, muggings, the like. te �sscnallY offen_ed, and stat2a that the Some person a Effected'. rasidzr.ts ecenomica'_jY `n� sex businessesive h aesthetically. . ue businesses act dealers; ant-gstcres) on La Art pLalersro cletors of legitimate book oper=tcrs; P P.d were concerned over the Prclife;rtion of stores in Cienega Bou_.eva- • there *re vacant tot adu] t adult entc:tainment busincsscsm` go 'nto use to�-Ciadu3t this cnsga area that they fear aLe concerned that La this tainmgnt business* lheycentec . tur a.- will no longer be a .u. d Acto:' s r-gainst an adult cesentatives of tie ScredQmcnstt-ted Guild ustA. to Rap had inC Equity indic.. they en tzrtainment bcckstcrQ and appeajet' to the help with this problem. �hambcr of CoRscerce }rA Hollywood �.ser...,, but A representative Of 70 surveys of the its + v should mr+cl i f y indicated there hs eeHe^S`i�' the `vie arcades. lack of City support. C4 Zone =Qguiat!crs .+nd El '.m:nate mO c' sent ?t,000 rep2.iers tea' tc* indicated hcuestionn:�ir¢s (under his A Studio C�tY sn pepartmcnt' s $e Indicated of the Planning Studio City. , and that letterhead) to residents of the re tree � �du.' t ate?s ne3c universal Studio_ Moore were dosing• iicllywccd bockstcre caner in 1?77) A former non-adult material icketec on AV 25• rent Of tccrtion P was said, his (past tenant s tuilding move indicated that when h-s of trsee day ncticcs • (to dcutr2sdt that cthot tenants 9 _- .0 c?.:imad scmethin9 was getting cut r th%t radio cut) ,, that everyb�Y H3 a? so indicated was going on in tmhacvec:lfrom the area. station RP'V�8 be wc;m,.n emp:eY`'es It was fndicatad that iC"Ut8 mcvEd in that were afraid. It was alsa strated that a Cestaurant building went out of bus ine -29- A local minister indicated ccncern for the elderly , _nd that children from 4 to 7 years cld cr.nnot ride their b � k_s without being accosted ; he also indicated there had been 23 arrests for prostitution near a local elementary school ; he further stated that residents have to go to other areas to shop. . A representative of a local synagogue stated that the elderly were afraid to walk to religious services and that car pooling h-ad bean established. A representative of the Hollywood Businessmen ' s Association advised that 50 percent of the sex crimes reported ( in the City) were in the Hollywood area; that since the Police have closed some sex establishments crime has dropped ; that adult entertainment businesses have contributed to a deteriorating condition in Hollywood ; that there is a 100 percent turnover in school attendance ; that the business license ordinance should be modified to require an environmental impact report and proper sign controls for new establishments and that notice should be given to persons traditionalthin businessesalf weremleavingethelso reiterated that area. It was indicated that property values had gone down; Vine and Selma was valued at $12.50 per sq . ft . years but recently it was worth only S8. 50 per sq. ft. Northridge Meeting (April 28, 197 71 A representative of the North Hollywood Chamber of Commerce indicated that adult entertainment businesses were an economic and social blight; that the Police Commission was no help;. that they had proposed the M3 Zone for these uses ; that we need more police and should make greater use of red light abatement; that the Alcoholic Beverage Control Oepartment should do more. Claims were made that the Pussycat Theater in North Hollywood , was a dangerous environment to women and children ; that in the recent past 2 teenage girls had been accosted and a woman had been attacked and had to jump from a car. A beauty shop owner near a Pussycat Theater indicated she no longer stayed open in the evening because her customers were afraid. Adult entertainment businesses should be required to rent space in "Class A' buildings. Various persons objected to newsracks , obscene material , problems of congestion and ingress and egress. -3Q- The Miller vs . California curt case was � i SCusse•-' : :5 contended that this case established that "a sat its awn standards" . to impactoshouldebe°sed factss needed etoer develop m� an anr:; inanceC , �! impact control adult entertainment . Claims were made that adult entertainment business bring crimes and violence to the area. A speaker stated that both the Boston and the Oatroit ordinances are unacceptable. "You c-annet ccntr-- 1 pornography by zoning" , and opposition to the z?niny approach to obscenity was expressed. "California is the pornographic capital of the world . " People are offended by pornographic material in department stores , drug stores , supermarkets , etc. The recent Los Angeles County newsrack ordinance was discussed. One person posed the question "why don 't we have an Environmental Impact Report for pornographic businesses?" Church representatives and a teacher at the Christian School were concerned about their members and children being exposed to pornographic advertising displayed .--- at th.e Lznkershim Theater and Pussycat Theater. They are afraid f to let their children out on the streets. • It was stated that "we should use civil , public nuisance • and red light abatement to control adult entertainment businesses . ' Conclusion In summary, the overwhelming majority of speakers felt that the concentration of "adult entertainment" businesses in their neighborhood was detrimental , either physically by creating blight or economically by decreasing patronage of traditional businesses; or socially by attracting crime. As a result of increased crime, nearby residents have become fearful- and have been forced to constrain their customary living habits in the community. Although the testimony obtained at the public hearings would from a subjective point of view, substantiate the conclusion that "adult entertainment" businesses have a deleterious effect on the surrounding community, the staff is of the ohinion that legitimate questions may have been posed by Theaterrepresentative regarding a single classification for all 'adult entertainment" uses . There would appear to be some basis to support the contention that certain types of such use are more "abjectionablr than others, hand be that minimiieci,ve effec deGz^din of a particular type of business mi 9t on how the business is operated and advertised. C. SURVEY QUESTIONNAIRE CON-OUCTEO BY OEPARTPiENT OF CITY PLA:! i ,;� 1. . Oescripticn of Survey In order to datarmine additional factual data raI ting t� the subject , and to seek the comments and apinI -ns if property owners , businessmen, realtars , real estate boards , real estate appraisers ; representatives of banks , Chambers of Commerce: and others , the Oepartment conducted a mail survey. Two questionnaires we-e developed. One Weis designed primarily for businessmen and residential property owners and is hereinafter referred to as the General Questionnaire. The second was designed for realtors , real estate appraisers and lenders 'and is hereinafter referrad to as the Appraiser Questionnaire. A copy of tha twa questionnaires is contained in the Appendix . The completed questionnaires , together with other letters relative to this subject; are on file in Room 510, Los Angeles City Hall . The General Questionnaire was mailed to all property owners (of other than property in single-family use) within a 500-foot radius of each of the five study areas . The questionnaire was also distributed to various community groups ( including local and area Chambers of Commerce) and at the public meeting in Hollywood and in Northridge. The Appraiser Questionnaire was mailed to all members of (a,, the American Institute of Real Estate Appraisers having a Los Angeles City address and to members of the California Association of Realtors whose office is located in the vicinity of the study areas . Each of* the two questionnaires contained spaces for a respondent to check answers to a series of questions relating to the overall effect ( if any) of adult entertainment establishments on nearby properties . It should be emphasized that the Oepartment intentionally structured the "objective response" portion of the questionnaires so as' to reduce "bias" and to solicit the maximum range of responses to any specific question . For example, a respondent could check "positive", "negative" or "no effect" in response to the question. . . "That overall effect do you feel that adult entertainment estahlish ments have on a neighborhood?" In addition to the direct response portion of the questionnaire, information of a more subjective nature was also solicited. For example; after each question; space was provided for a respondent to list any comments or examples which might -pertain to a specific question. The L beginning of each questionnaire also invited the respondent to write comments in the space provided or on a separata sheet. -32- aet.*een - February 10 and April 30 , 19771 a t.ta i of - mately 4,000 questionnaires weee maijad ( w n envelapes prayided ) or otherwise distributed t businessmen, real estate appraisers , re?itc•'s reprasentatives of banks and savings and loan instituti3ns , the owners of multiple-unit residential property . and others . Of this -number , 694 questionnaires were completed and returned to the Oepartment ( an overall 17 .4 percent rate- of return) . In- addition, the Oepartmant received '-.97 non-sal '.c '. �ad : completed questionnaires from propert; cwners in Stud .o City. These questionnaires were- distributed in a p,'' vate mailing by " a ' private individual . The subject mailing included a repi.ica of the Oapartment ' s appraiser - questionnaire: together -with written material alleging City intent to create an adult entertainment rode in Studio City (copy included as Appendix 0-2) . According to the subject individual ' s testimony at the public- hearing on April 27 , 1977 , 11, 000 replica questionnaires were mailed. Oue to . the prejudicial nature of the mailing; these questionnaires are not included in the study. However, the staff did tabulate the. subject resporses and the tabulation and summary are included in- " Appendix 0-3. All persons responding to the above mailing were sent a memo from the ..Oepartmant: correcting the misinformati.an (copy included in Appendix 0-1) . 2. Results of Survey questionnaires A tabulation of the responses to the specific quasticns solicited in the objective portion in each of the two types of questionnaries is presented below. A summary of the comments follows : GENERAL QUESTIONNAIRE - RESPONSES `- Total no. of. resoonses 581 16% return Tote no. of questicnna res 3M uestion_ 1. what overall affect do you feel that adult entertainment establishments have had on a neighborhood : Positive Negative No effect Effect on the business condition (sales i profits) in the area: 43(7 .4%) 492(84. 7%) 36(6. 203) Effect on tomes ( value L appearance) in the area immediately adjacent to adult entertainment businesses: 37(5 .9%) 472(81 . 2%) 25(4.5%) *-33� Positive Veaative Effect on homes ( value b 35 ( 5 .0z) 446( 76 .8%) 19( 3 . 3: ) appearance) in the area located 500 feet or more from adult entertainment businesses? 2. Oc you believe the 25 (4 .5t) no effect 305 ( 52 . 5 ) establishment of adult prcGerty values entertainment facili - 206 ( 35 . 5%) lower rents ties in the vicinity of your business has 275 (47 . 3%) vacant 13 ( 2 . 2:) incre!se-4 had any of the businesses property vrlu_s following effects? (Please check all 288 (49 .6%) tenants 16 (2 .8:) lower those effects which moving out taxes you feel have occurred. ) 224 ( 38 .6%) complaints 98 ( 16 .9%) nigher from customers taxes 3 ( - ) less crime 489 (84 . 2%) decre_sac! . business activity 370 (63 . 7%) more crime 1 ( - ) improved 8 ( 1 . 4%) increasa_ neighborhood business appearance 416 (71 .6%)deteriorated 312 (53 . 7%) more l neighborhood litter appearance 8 ( 1 .4%) other ( please specify) 3. (Not applicable for tally. ) 4. Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? 167 (28 .7%) Yes 165 (28 .4%) No S . would you consider expanding in your current location? 83 (14 . 3%) Yes 177 ( 30.5%) No 4 -34- 6 . What types of adult 410 ( 70 . 6%) adult 179 ( 30 . �; ; entertainment bookstores topless �!n-'' establishments are there in your area 310 ( 53 . 4%) massage 389 (61 .0�) a�u : ' ( Please check parlors theatres appropriate boxes . ) 190 (32 . 140') peep shows 240 (41 . 3%) adult motels 237 (40.8%) bars with X-rated entertainment 3 other sex shops How far 'from your business is the nearest adult entertainment establishment? ( Not tabulated due to limited response . ) - 3S - Responses to the foregoing Questions reveal e_ 1 that adult ertt2rt?! i nmen t businesses are perceived by the ,ma ;ority o.F respondents as exerti;,g negative impact on surroundin3 bus ' ne;ies . and rasidar, ti31 operties . '4hether or not such negative impacts have Actua ? lv occurred; or only perceived to have occurred, Cannot bE readily datermined, empirically, on the basis of this survay. However, in terms of the!t: itudes of the respondents toward such businesses , the conclusion rrtust Oe drawn that the overall effect on surrounding properties is considered to be negative. Among the adverse effects of adult entertainment establishments cited by businessmen are: - Oifficulty in renting office space - Oifficulty in keeping desirable tenants - Oifficulty in recruiting employees - limits hours of operation (evening hours) - Deters patronage iron women and families ; general reduced patronage Of those businessmen indicating that they have not seriousiy- Lrgnsidered moving because of nearby concentrations of adult tertainment business, the most frequent response was that they had en in the area a great many years, and to establish elsewhere would be too risky and/or that their investment was too great to move. A few respondents* indicated that it is the adult entertainment businesses that should move, not they. The few businessmen commenting that they would not consider expanding in their current location indicated that their business did not warrant expansion. Several businessmen indicated that their businesses are relatively unaffected by nearly adult entertainment establishments . Among the businesses cited are a; commercial art studio; a building trades contractor; a main order business; a telephone answering service and a wholesaler. Among the few positive effects cited by businessmen is the increase in business for certain non-adult entertainment businesses such as tourist-serving businesses (e. g. car rental agencies) . "The b!d effect it might have is cancelled - out by the business it does attract; x-rated theaters attract tourists. " Many respondents commented on . the crimes associated with adult entertainment establishments : prostitution, dope,etc. A high percentage of respondents report they dotnott,feelbber safe 1n such areas. L A high percentage of respondents commented on the? r concern '�r effects of adult entertainment environment on the morels nd s-1e:y of children . of respondents commented on tgZ.._zys*hetshzbbl ; A high percentagerespondents garish , adult entertainment many commented on the incre!scd blighted, tasteless, etc . Also, so, incidence of litter and graffiti . —37s APPRAISER QUESTIONNAIRE RESPONSES - ' Total no . of resoonses 2 81 X- 20% return Total no . of questionnaires �d Ouestion Resoonse 1 What -effect does the concentration increase in value 1 of adult entertainment establishments have on the mr.rkat value of business decrease in value 71 (87 . 1:) property ( land, structures , fixtures , etc. ) located in the vicinity of such no effect __5__(6 • Zt) establishments? 2 . What effect does the concentration increase in value 1—( - ) of adult entertainment establishments ' have on the rental value of business decrease in value 55 (o7. 9X) property located in the vicinity of such establishments? no effect. 4 (4 .94A) 3. What effect does the concentration of increase in rentability/ adult entertainment establishments saleability 3 (3.7%) have on the rentability/saleability of business property located in the decrease in rentability/ vicinity ( length of time required to saleability 48 (59 .3X) rent or sell property; rate of lessee/ - buyer turnover; conditions of sale or no- effect' 3' (3 . 7ColX) lease, etc. )? 4 . what effect does the concentration of increased income 2 (2.5:) adult entertainment establishments have on the annual income of businesses decreased income _(72 .8%) located in the vicinity of such establishments? no effect 7 (8 . 6X) S . Have any business owners or proprietors yes . 23 (28.4%) considered relocating or not expanding their businesses because of the nearby no _4 (4.9%1 concentration of adult entertai-nment establishments? not known 28 (34 .6%1' 6. In recent years, has the commercial yes _45_ (55 .6= j vitality (sales, profits, etc. ) of any area in the City of Los Angeles been no. 29 (35 .8%T affected in any way by the nearby _- concentration of adult entertainment not known establishments? * -38— r 1 . What effect does the concentration of adult entertainment establishments have on the market value of private residences located wit,nin the following distances from such establishments? Increase Oecrease No effect Total Less than 500 feet 2 (3 .8%) 48 (90.604) 3 ( 5 . 1X) 53 500 - 1000 feet 2 (3 . 6%) 51 (91 . 1%) 3 (5 .4%) 56 ,More than 1000' feet 1 ( 3x) 29 (87 .9%) 3 (9 . 1%) 33 S. What effect does the concentration of adult entertainment establishments have on the rental value of residential income property located within the following distances from such establishments? Increase Oecrease No effect Total Less. than 500. feet 2 (3.4%) 51 '(87.9%) 5 (8.6%) 58 500 - 1000 feet 1 (2.6%) 33 (86.8%) 4 (10.5%) 38 More. than 1000 feet 1 (2 .8%) 27 (75%) 8 (22.2%) 36 9. What effect does the concentration of adult entertainment establishments have on - the rentability/saleability of residential property located within the following distances from such establish- ments? Increase 'Oecrease .,No effect Total Less than 500 feet 1 (2.5%) 37 (92..5%) 2 (5%) 40 500 - 1000 feet 1 (2.6%) 35 (89.7%) 3 (7.7%) 39 More than 1000 feet 1 (2.8x) 28 ( 77.8%) 7 (19. 1%) 36 10. In regard to the questions setforth above, please describe the effects which you believe the concentration of adult entertainment business has on each of the following: Prooerty values of surrounding: ecrease Unknown No effect Increase Commercial property 45 (56.8%) 32 (39 .5%) 1 2 (2. 5%) Residential property 42 (51 .9%) 38-..(46.9%) 1 General 16 ( 19.8%) 65 (80.2%) - -39- w Rent! l values of surrounding: Oacrease No response No effect Incre!sa ommercial property 39 (48 . 1%) 42 (51 . 9%) -t4v;esidential property 37 (45 . 7%) 44 (54. 3%) - - General 12 ( 14 . 8%) 69 (85. 2%) - - Vacancies Number 1 56 (69. 1%) 1 23 (28 . 4%) Length 1 72 (88.9%) 2 ( 2 .5%) 6 -( 7 . 44') Rate of tenant turnover - 49 (60.5%) 1 31 ( 38 . 3X) Annual business income 24(20. . 6%) 53 (65 .4%) 2 ( 2.5%) 2 ( 2 . 5%) Complaints from customers and residents due to concentration Yes 24(29 . 6%) 57 (70.4%) Neighhorhood appearance 24(29.5%) 3 (3 .7%) Crime I 1 - 48 (59 . 3%) Litter - 1 1 44 (54 . 3%) Other (please specify) f —40- S.e-veral respondents commented that the adverse effects _r_ - to t)e degree of concentration and that one free-standing tusiness may have no r.?fect; also, that the effect is related to the tae f adult eatertainwImt business (unspecified) . A few respondents indicated th�r�hewQ�idperty iac��szvalue fo+' bvs��e•sses tilJs�ss v4l&oe fer any gives �r compatible with adarit -j=z'r'taiWent, b,usTfteVtic , g•4• other aduit g4)dra=„'ft�wt 4"iZe;ses, bars , etc. 4 40" 101410 "r=Qtage .41 -a"ra"4►•e and Mlttcrs C"Na"ed on the a "Pse effects of the sub4e-ct bv;fOe"g ort Z.-.i•ghbarhood aa4>earaxca, 1 i titer mLd graf fft i . —4 GENERAL QuESTIONNAiRE REALTOR RESPONSES - Total no . of responses - 32 NOTE : Oue to distribution, certain realtors received the General Questionnaire rather then the Appraiser Questionnaire . For analysis purposes , the subject responses were tabulated separately and analyzed together with the responses to the Appraiser Questionnaire. Question 1 . What overall effect do you feel that adult entertainment establishments have had on a neighborhood: Positive Negative No effect Effect on the business condition - 31 (97x) 1 (sales & profits) in the area: Effect on homes (value & appearance) - 31 (97x) 1 in the area immediately adjacent to adult entertainment businesses: Effect on homes (value & appearance) - 29 (91%) 2 In the area located 500 feet or more from adult entertainment businesses: 2. Oo you believe the 1 ( 31 . 3%) no effect 29 (91%) - decreased establishment of adult property entertainment facilities 23 (71 . 9%) lower rents values in the vicinity of your business has had any 25 (70 V vacant 0 increased of the businesses property values following effects? (Please check all 25 (70%) tenants 3 (9 .4%) lower taxes those effects which moving out you feel have occurred. ) 25 (70%) complaints 7 (21 .9x)higher taxes from customers 0 less crime 23 ( 91%) decreased business activity 26 (81 . 3x)more crime 0 increased business —42— 30 ( 94%) deteriorated �_ ; a�: ; - neighborhood appearance Other ( please specify) 3 . ( Not applicable for tally. ) 4 . Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? _ 10 (31 . 3%) Yes 15 (46 . 9%) No 5 . Would you consider expanding in your current location? 10 (31 .3%) Yes 12 (37 .5%) No 6 . What types of adult 27 (84. 4%) adult 13 (40 .6%) nude or entertainment estab- bookstores topless dancing lishments are there in your area? 17 (53 . 1%) massage 24 ( 75%) adult ( Please check parlors theatres appropriate boxes . ) 15 (46 .9%) peep shows 15 (46 . 9%) adult motets 12 (37 .5%)- bars with X-rated entertainment How far from your business is the nearest adult entertainment (Not tabulated due to limited establishment? response. ) 43 - � . a. S . CENSUS ANO RELATED OATA I . Cluster Analysis "Used by Community Analysis Bureau to ]_ scribe Various Parts of the City" JThe last U . S . OecenniAl Ceniu:; y:- conducted er. April i , 1970. with the prcl ? fera* icn of !dint entertainment business it would seem aFpropri =te to 4nclud2 cs t2ckground information a description of the socio-=ccnomic and physical characteristics of the arias L.lid ar study as revealed by census data. Such z description mey provide- insight as to the underlying factors contributing to the concentration of sex-oriented business in th@e arets under study. An excellent available scurce providing such a description is a 1974 report prepared ty the City ' s Community Analysis Bureau (CAB) concerning the "State of t`e City" .* In this document , the CAB has utilized a statistical technique known as *cluster analysis" to identify specific areas within the City which have common characteristics, as revealed by census data. In conducting this study, the CAB made use of 66 census data items for variables) which were selected from the entire spectrum of socio-economic and physically descriptive data• items available for all census tracts in the City. The U .S. Census .Bureau reports data on numerous geographical levels , the "census tract" being the smallest geographical area for which data is maintained and reported on a regular -basis . There are 750 such census tract areas in the City, each containing a p.pulation of slightly fewer than 4,000 persons, on the - average. The five study area nodes and four control areas under study herein are contained within portions- ef 25 census tracts. The particular variables' which most accurately describe a particular census tract were used by the Community Analysis Bureau in such a manner as to combine those areas which have the most similar characteristics . As a result of this procedure, thirty , cluster groups were established throughout the City, each such cluster consisting of one cr . more census tracts, each census tract within a particular cluster being more similar to other parts of that' cluster than to any other geographical section of the City. * he State of the City - A Cluster Am31 sis of Los Angeles - City of Los Angiles Community Andlysis Bureau, June 1974. -44— 02scription of. Hollywood Area - :.in ' ng areas in Hcllyweod _re The three study entertainment bus ine : :s adult Th_ r three ct ncentrations of contained within within portions of 11 Ce�TCialjycts • included included are P are all associated ■control .are as ZO tracts roCrt as nine census tracts - These larger area identified in the CA „s ccngisting within a- entitled "The Apartment Owell`as ' quoted from "Cluster. IS' , A .description of tissarea forth below. The of 34 tracts . which is now the previously cited CAB report, the disadvanttge=us, for fact that this descriptinnotisbeaSzd on data entart~ai�mant seven years old may inasmuch. as adult purposes of this study, began to flourish i n the �.96°-10 period. 1 . o l d businessesredominate .Y Cluster 15 is a lower intone, P " area located west of the Civic Center. • • " apartment of 174.,000, The "The cluster 54% female . Theamedianlag'onisVe40average 46% male and 54X tom but does have an above Japanese , 2% area is mostly White, mix--19X Spanish-Americans cluster of worke-'. ethnic It is over - • Chinese, 3% Slack It in five residents is highest Senior citizens • elation under 18 is Female Participation in the ThelapaP force is t e n• .:N' ._• • of the * 30 clusters . wome seall • Many of the families are headed by esi.�nts labor active r • . .Close to seven out of to.lost completed high school are whits collar employed . At $9, 700, median family _ for the City. This. -lower and 15x completed college. high income is below the average into an abnormally and a income does not translate in ten families distribution.,. One individuals are poverty ro ortion of unrelated smaller P p welfare recipients . • •" located to ■ . .Residents of the cluster are central Yst Downtown and its commerMany publicaltransit both the 0 Boulevard. Y 40% of the extension, Wilshire Close to or routes service the area. presence -Of two Of .the older apartment households have net accmmoni1e• he p more cars is have no on- faci�l.ities. . •" complexes many " . . .Old apartments c^mprise 42X cf the units . One of the he=viest ccmcentraticrs occurs : s of Western Avenue and north of Olympic Scutavard . These are high density, closely picked , ract-ngul !r shaped, stucco units which line the streets apprct.ching Wilshire Boulevard . South cf Olympic Boulevard, the pattern remains cne of multiple family units, but these are generally interspersed with homes or are the end product cf converted two and three story frame houses . Hcllywacd is similar, but is has several single family residential areas and !pe.rtment encroachment appears to have more of an impact. . . " " . . .Most of the cluster ' s 1.02 ,700 dwellings are renter occupied, including a majority of the homes . Median rent averages $108, but 17% of the multiple dwellings are available for less than $80. . . " " . . Single family residences are a small proportion of the total housing stock and like the area ' s apartments , many predate World * War II . Few of the essentially single family residential neighborhoods have the kind of zoning protection which requires that new construction be single units . Replacement housing has tended to be large apartments . Homes averaged S26,000 in median value, which is mere a factor of the land than the improvements . Much of the land west of Western Avenue adjoins the more expensive Hanc:ck Park area. . . • " . . .Cluster 15 has one of the highest pcpulaticn densities in the City, 19 ,080 persons per square mile, not exceptional fcr an apartment area. It also has the highest cluster average of elementary school transiency rates--46% for incoming students and 34,00 for students leaving . This mobility of the residents did not seem to affect the median sixty grade reading score. It was above the City average . The cluster has 8 park sites within its boundary end is also served by the more regional recreation areas of Echo Park , MacArthur Park and Griffith Park all of which are within access. . . ' • . . .The incidence of burglary per 100 improved parcels is high, a partial reflection cf the large number of dwelling units per land parcel . One of the more disturbing aspects of the cluster is the suicide rate. Outside of Oowntown, only three of the clusters had higher rates . . . " I —46— 2 . Use of , g�Q Census Oata to Oescribe Studic Cit r.nd He vwccd a_ yeas CitY nsus tracts which comprise the Studio three There are four C2 tracts in Mort Hollywood; study area; two such for the also resenting the "control are tracts census tracts rep (One of the "control area" Fernando area. ) forms part Of the Studio City study that these night i reveals inasmuch The CAB' S cluster analys • s contained within six different different ceAsus tracts are all quite within dissimilar. as the seven tracts are this ,,cluster s' • A detailed description of eachof would not be practical , f� key variables clusters a Summary of certain and study. Now�v�r, two study areas in Studio City attributablg �d the two the one Correspondinq control area �lorth HoilywoTyCtiv�, and is thareforn Prthentdatan is also might be in`ft iv eies of cempariso , following. For p• as a whole. shown for the City y 1 —47— TABLE V Comparison �dio4Cityus i and eNorth mHollywood 1.470 SNodes Describing St tndin Ccntrol Area and Corresp . 9 AREAS--- ---AND-----------VALUES 4t LES Studic City Mcrth Hollywood Ccntrcl (Tujunga b (Lankershim & (Lankershim Entire Ventura 8,265 5 ,893 Vineland)__ whio° 1e) C� pul_ 5 ,742 .6:041 pulation per s4 • mile 18.2 16 .7 30 .2 Persons 1-17 18 .4 17 .9 15 . 2 10. 1 Persons 65+ 10.6 92 .0 0 0 17 .2 85 .3 90 . 7 50 .3 whits (non-Spanish) 0 7 .7 � 8.4 . Black 65 13.7 16 .4 •16 . 2 Spanish-American 16 .4 Families w/female head 10.6 ►ucation High School 22. 1 38.6 25 .3 38 .1 dropouts, 25 & older 13 .9 25+ who have finished 22.0 10.2 18.3 4+ years college ccncmies ,pproximate median $15 ,672 S 9,471 $12,575 SI0, .535 ily income 77.3 57 .4 )te ccllar 5O.4 60.6 9. 1 7 .0 toyed 7.8 6.1 9 . 9 t unemployed 3.7 10.0 6.6 families in poverty f- I 4.7 9 . 9 t families receivi ! ' ng 43 7 .6 51 . 7 welfare . 48.9 34.2 1-unit structures 50.6 Approximate median value, S25,335 535 ,53O 525 , 100 owner occupied units $34,14I Approximate median $ 129 S 107 monthly rent, renter S 1;5 S 123 occupied units % of owner :ccupiQd9 52.2 28 .5 1 unit, structures 24.1 52.4 built before 1940 % of renter occupied, 30 .7 2+ unit structures 13.9 21.8 built before 1940 10.9 -4 8- -ABLE V (ccnt ' d) Comparison of 24 Variables from 1970 Census Oescribina � Corresponding Control rth Area llodes n AREAS----- -------ANO---------- --VALUES VARIABLES Studio City North Hollywood Control (Tujunga & (Lankershim & (Lankarsnim Entire Crime Rates VenturaL Vineland) b Whicole) City Assaults per ,465 . 374 .478 • 8- 100 population Robberies per 172 .267 . 170 . c' •; 100 population Burglary per 100 13 .86 10 .94 13.5 14 . 9 improved parcels Total Arrests per 4.23 4 . 26 4 . 10 8 . 26 100 population Narcotic Arrests per 100 1 .39 1 .60 2 .04 population aged 14-44 2.66 On the basis of the foregoing 1970 Census data, it is possible to develop a general descripticn of the two study area modes containing adult entertainment businesses in the Valley. As indicated above, such a description must necessarily be based ' on data applying to entire census tracts, even through the study areas may encompass Only portions of tracts. . Residents of the Studio Cit Study area node in 1970 were € w predominantly an upper midd a income group, with a relatively high percentage of college graduates. High school dropouts were considerably below the citywide norm. Eight out of ten employed persons were in "white collar" gobs. The percentage of families receiving welfare or in poverty The was unemploymenterateywasbelow slightlyh citywide percentage. higher than that of the entire cite. The median value of owner occupied homes in the Studio City area was more than $12,400 higher than the City one-unit About one-half of the housing units structures. Apartment rental rates were also higher than the city as a whole. The percentage of one-unit, owner occupied housing units built before 1940 (24.1 percent) approached the citywide median of 28.5 percent. With regard to crime statistics (as of 1970) , robberies per 100 population in the Studio City area were below the rate for the city as a whole ( . 172 and 454, respectively) , althou h the number of burglaries per 100 improved parcels (13.863 was close to the citywide ratef14.96.one-half arrests per 100 population (4.23) w about the 8.26 rat* which prevailed city-wide. The North Hollywood st.udY area contrasts rather T S 71 i was 9 slarply with the above descr � Ded Studio 9,4 arn • 1;10-- lower Hollywood, median family income than the citywide median of S10 , 535--and considerably 1c-4er o itud than the $15 ,672 median income cf residents in tha City study area m . Sixty-one percent _f plc,vcd persons Stud were in "white collar jobs in North Hollywood , compared with 80 percent in Studio City and 57 percent in the entire city. The percentage of families in a poverty status in North Hollywood was considerr.bly higher than in Studio City (10 .0 percent and 3 .7 percent, respectively) - The ent of families in North Hollywood receiving welfare was higher than in Studio City, but lower than in the entire city. Unemployment rates , however, were lower in North Hollywed than in Studio City and the entire City. Housing values were considerably lower in North Hollywood than in Studio City, and slightly lower than average values thr^ughout the entire tcity. StudMedian Citynbut rents highererthanowin in North Ho . lywoodhan all of Los Angeles . all builtoprieroctopi1�40 on"-uthe it structures, 52 .4 percent were North Hollywood study area, compared with only 28. 5 plywood in the entire city. Single-family homes in North ' Hollywood are older than in Studio City. As revealed in Table V , 1970 crimes rates for the seven variables tabulated were lower in North Hollywood than in" the city as a "total Excearrests per 100obberies per population" a00 population* and tots n in the ll other rites in North Hollywood were lower than Studio City stuidy area. Tabulation of U .S . Census Trends from 1960 tc 1970 lue in Time series ( trend) data can often cie-economice coy vaphysical identifying underlying s characteristics which may have contributed to the chang the in staff an area. During the course of this study, prepared a tabulation of the 1960-70 change in selected socio-econceic variables as reported in four the U .S . Careas , � covering the five study areas , the and the City as a whale. This was area inodes'order were determine if changes in the study significantly different than the "control areas or fr.,m citywide norms. A tabulation of this data is contained in Appendix E . A review of this data revealed that tpcpulat5on70 trends in the economics and variables selected signs(relating different for the study housing) were not significantly areas than for the 'controlhe data weregoalsol � similar icto or percentage changes in particular the citywide trends - and no firm dconclusions of relevance to the study could • -so- V. POLICE DEPARTMENT STUOY OF HOLLYWOOD This section of the report considers the number and percentages f adult entertainment businesses in the City, changes it these businesses since 1975, and more specifically, crime rates in the Hollywood area as compared to crime rates , citywide. The following information was compiled by the Los Angeles Police Oepartment and shows the incidence of certain adult entertainment establishments as of two different time- periods-- November of 1975 and December 31, 1976 . The statistics show a decrease in message parlors, bookstores, arcades and theaters and a slight rise in adult motels . This was during the same period of time that there was stepped-up surveillance and deployment of officers in areas where concentrations of adult entertainment establishments existed. (The Hollywood community is within the West Bureau . ) This information and that which follows involving the incidence of crime lation the betweenHollywood crime andarea theprovides presencewhat of adultbe Positive enterainment corrorre facilities . Percent- TYPE OF ACTIVITY Nov. 1975 Dec . 1976 of Change - du t Motels Massage Parlors 147 80 -45% Bookstores/Arcades 57 45 -21% Theaters _47, -4 "_6' TOTAL 288 207 -28% DECEMBER 31, 1976 LOS ANGELES CITY POLICE DEPARTMENT ' BUREAU OF ACTIVITY AND PERCENTAGE CENTRAL SOUTH WEST VALLEY TYPE OF ACTIVITY BUREAU BUREAU BUREAU BUREAU Adult Motels 5(13%) 23(60%) 5(13%) 5( 13010 Massage Parlors 6 (7%) 4 (5%) 42(53%) 28( 35%) Bookstores/Arcades 6(20%) 1 (2%) 24(53%) 11(24%) Theaters 7 16x 1 2S 28 64x 8 18X TOTAL 27(23%) 29(14%) 99(48%) 52(25X) i ,* . -St— from report t= tna i s 3n extract 2,� •;2 f,:rmaticn in this sectionals �f 5`x Or, 2nt�d 3usinessest1 ne ` ,S ng Oepa rtment ^n "The I 1 * � pr`pared �Y ,; a Problems in the Cit CT LCS Zn c e ' The C4ty Council in instructing the ngelas City c ice Oepehas rtment• the Adult Entertainment 't�nt � ;but2 lconing Cepartment to conduct r wit` such r �ncies to cvcperat� with and c= lse instructed other City g' recess . In accr.. d_nca necessary to the report P s adult entertainment the Police Department ccnnuc`fd �n analysis cf } the nstructions . Hollywood are- as •2laticnship between the concentrattc 196g and criminal activity in the beginning during ,.stablisr►ments wide crime rates for the per;^d a :cmpared to the city , rison covers the 'years .r_ liferated and ending 1S75 . This period of c..mPa• which adult entertainment establishments appeared and P in the Hoilywood area. a hose criminal acts which most SeVere1y,ssr.ultt . aggravated Part I crimes are include homicide, rape, the period of their victims ; larceny, and vehicle thaftParOuri"gcrimes in the robbery, burglary' reported incidents of showed a 4 .2 1969 through 1575 ' Part I crimes increased at Hollywood Area increased 1 percent while the C' y rmance to the y Thus , Hollywood' sIn conf c percent increase• r�te of the City ' s increase. person , not nearly twice the Part I crime committed against a P overall trend, eVeincreased at a higher ratenan Hol484lywood Purse Area against property, robberies a $t. e_t acC�sted by their assailant, in the citywide total . directly respectively; the 'Aberein the victim was greased by 93 .7 perce6nt andercent and436 .8rpercent. tywide increase was 25 P Hollywood Area criminal acts in This Suspects arrested fcr Part I dropped by 5 .3 percent• total increased 16 .2 percent wh�� le the City t Hollywood Area was 21.5 percent over the City e reveals threhens ion of serious criminals during the seven year in the aPP period• sts , increase in Part I arre is the Hollywood Equally alarming as the increase 53-54) increased in in Part It arrests (described on Table City pages Ho llywocd the City• �} percent , Area as opposed t45t5eperce.Stfwhile the City rose but 3 . this category by 15 times showed a 24 .5 percent Pr-os titution arrests in HollywooMhileathecCetsed o a raterestituti:n greater than the city average . hike . Hollywood bounded to a 312 . 3 percent increase �" arrests. increased by n Hcl 475 '0 arrests in Area not? Similarly, pandering cf 133.3 percent. (See percent, 3-1/2 times the city increase p. 54. ) the Lcs Angeles City PcC1ty by l files under e ccn+p .ete report Prepared Planning Department. Oepartment is available for osvAngelestCityffiann Plan Case Mc . 21475 in the L TW3 VI ROUGH 1S15 SURVEY ESTS00 _. ._ � gES TN ASO W REPORTED CRIMES Cif Hr11 wood Area 195 J 9 han E 1915 X C tS6S 1515 x Chan e 574 part I Offenses 37 +94 .7 377 1794 19 -7 .0 21i5+6 .9 89862 30861 14994 +1 .3 homicide 214 199 +46 .5 14798 +23 .2 tape 605 886 -2 . 9 11909 19489 +6 .0 Assault 1591 55 +75 . 5 65546 93485 +4 .0 Rcbbery S695 Agrav • 905 51. 3478 _4 .0 Burglary 7852 8396 -0 .5 32149 Larceny 2521 2508 225857 +4 .2 Aut^_ Theft +7 .6 216756 17911 19268 6684 +25 '6 TOTAL +93 .7 5321 2668 +33 .8 381 738 +51.4 1951 St. Robberies 185 280 484 Purse Snatches ARREST' C i� VO d e Hall wood Area x Chan e 1969 1975 mile . f' 1989 � 975 Chan a 73 +20 .6 Part 1 Offenses 475 552 _35 •7 21 26 -23 .8 858 _49 .4 . 67 47 -29 .9 6250 3163 +5 .7 Homicide 348 +45 .6 4855 5132 Rage 239 -22 .6 6032 _22 .9 Agra, . Assault 368 285 -40 .5 7823 11706 +70 .2 Robbery 864 514 +151 .1 6877 3121 -5 . 3 Burglary 546 137L1 _29 .2 4820 30219 -5 . 3 Larceny 319 227 +16 .2 31958 Auto Theft 2424 2811 C i e TOTAL Holi Mond Area ig75 X Chan a 1969 9599 1975 -'-'� 185417 +4 . +3 .4 *Part II Offenses 54 179233 10660 15503 and counter- include: Other assaults, property. TOTAL forgery prostitution , *(Part II arrests and fraud, and other miScellc'.nEGUS feiting, embezzlementlaMs� gambling, stolen nr.rcotics, liquor misdemeancrs• ) x Chan e • 1969 1_ -� +372.3 Pr^stitUtinkn Arrests 433 2045 +24 .5 Hcllywo ed Area 2864 3564 1� Citywide . -53- Table VI (c^nt ' d) 1.969 1975 : C` an e LerinjArrests 8 46 +475 .0 Hollywcod Area 42 g8 +133 . 3 Citywide NOTE : (The prostitution arrests omade inf all ar�estsv +fcrArprestea ntut97n represents 57 . 3 percent made in the city. . The pandering arrests made in pandering Area in 1975 represents 4.during percent hat ye�r . )all pandering arrests made in Los g DEPLOYMENT Ho' 1 wy .cad Area i969 1975 X Chan e +29 .4 Patrol 145 97 261 +35.6 Investigators 242 316 +30.6 TOTAL 5194 7506 +21 .1 Citywide ADULT ENTERTAINMENT ESTABLISHMENTS AREA 8LI5HMENTS f1969 through 1915 1975 1969 3 Hard-acre motels Hard-core motel 2 8ac+kstcres 18 8cekstares 7 Theaters 29 Theaters 1 Massage parlor/scan Joint 38 Massage parlor/scam joints 1-1 Locations (Total ) . 88 Lccations (Total ) „ —54— • fn cc T 0 W W O ti W 'ft W I 2 N Z W - r = O I � a 40 40 � $ Q $ Q $ .O 0 0 0 0 o �e3 ,�i 10 '% $ a a mft .a so �+ '^ . ti 1 W ti N Z W I Q W Co N Z h G W N � J m � O O r N NO $ $� 8888Q, m in {V • a .� •Ouring the period inc • lded in this report , the Citywide :_� ' :f: (�f police personnel rose by 21 . 2 percent . However, with _ s:,' of rrime in the Hollywood Area, deployment there incre,sa: ty 30 . ercent, 9.4 percent higher than the rest of the City. : ^c ud=-d i � his figure is a 29 . 4 percent hike in uniformed officers and 35 . 5 ercent rise in investigators to cope with the criminal Clements . This survey reflects a seven-year span during which time the adult Entertainment Establishment in the Hollywood Area proliferated fr::m a mere 11 establishments to an astonishing number of 88 such locations . The overall deleterious effect to the entire community is evident in the statistics provided . The overwhelming increase in prostitution, robberies , assaults , thefts , and the proportionate growth in police personnel deployed throughout Hcllywco.d , are all representative of blighting results that the clustering of Adult Entertainment Establishments has on . the entire community . These adverse social effects net only infect the environs immediately adjacent to the parlors but creates a malignant atmosphere in which crime spreads to epidemic proportions . The remaining sections of the Police Oepartme.nt report are letters and signature petitions from concerned businessmen, clergy, merchants, citizens and police officers and are in . the file and available for inspection upon request. The following paragraph summarizes this section of the Police Oepartment report. The police officer reports can be summarized as follows : all officers felt the sex-oriented businesses either contributed to - or were directly responsible for the crime problems in the Hollywood I-Larea. The officers felt the sex shops were an open invitation - to undesirables and thereby directly caused the deterioration of neighborhoods . Also , it was suggested that these businesses purposely cluster in order to establish a "strength in numbers" type effect, once they establish a foothold in a neighborhood they drive the legitimate businesses out. The letters from the businessmen, clubs, churches and c-.ncerned citizens were all in support of police efforts to close adult entertainment facilities . The letters all expressed the feeling ng that the sex shops attracted hom--sexuals, perverts , prostitutes other undesirables and directly contributed to the decline cf the Hollywood area. •-35- ae � • z :, • W W Q . O ___ ... .... �. 3 z 2C � Q Q Ew ta o ® • t ul N Q Rf 2' cd J a lL O In* } � > N a Q � oil _ Q � f W Oa .. 04 lu 3 °C J J } Los. Angcles City Planning Department Calvin S . Hamilton , Oirectcr Frank P . Lombardi , Executive Officer Glenn F . Blossom, City Planning Officer Citywide Planning and Oevelooment Oivision Glenn 0. Johnson, Oivision Head Code Studies Section Jack C. Sedwick , Senior City Planner Robert Janovici , City Planner Charles S. Rozzelle, City Planner Marcia Scully, Planning Assistant, Project Coordinator Evelyn. Garfinkle, City Planning Associate Fred Hand, City Planning Associate Ronald Lewis, City Planning Associate ( former project staff member) Charles Zeman, City Planning Associate Staff Support Oonald S. Jacobs , Oata Analysis Fred Igo, Planning Assistant Joyce Odell , Cartographer Gilbert Castro, -Cartographer Barbara Reilly, Typist Corrine Gluck , Typist Mary Volz, Typist Mewland Watanabe, Typist Jeanne Crain, Typist Audrey Jones, Typist - Mason Dooley, Photographer � r ` APPENDICES wig=a..r�j..:;'+• - y • . 1 . f ' w • � v n p n eev i H o v O 1• • ♦ n O e+ ♦ e+ ♦ n e f" ♦ � • w ♦ n • ♦ A � .w• � er � ., � � r r A • r r ♦ N eN w N A i•VI • to 0 ev n • v v2-6 h M • � A M +�+ w V h e e O r n d4 O O • O r r N • O w r r • • • !► C 40 . • w A • • V M e0 .wi O n e• O r .� O r .r r • A in w O N w le w • • • nwy In • r O r h ry er n n V y� • w 4 • 4 y J POi O V • V N O r O V .0 tr • w Vfq.� V N • A r pit • w v h o w e A y •.y '► ,� • .y 4 Q Y e .ri .rr M n M 04 .r � �+ Y • qop be O. w r • M A N Q = 4 4 4 Is O • , 4 C. •. • A �1 !f♦ �1 A F. • 4 V • ..w w .ri oni r .r .e • • N Mel .+ S.�'j .fir • • w �e • M A w v � O '' e o e e • e e e e w eit 960 •J O O A •_ • O O ^ 00 r v e P. w i r w p y w sk w w i e s ... w � .. r e o t • • w i .Ai .O.e .oe M A 're � •Mi •+ • A • >ad C N en � y O • • O • O • • • r y e O O O • • h M „e • O .r �•, r rn • er 4 Ok in • V « ~O t in • '� w r in w en .i r i O 40 'n �A0 a A • •y • do Y as 40 S3 s o f 0 a � °� ° !� O � v Y v n A O C 1� • n � r O • + • w .r � O w v • • v w n n e. ,� � A Y � h o Q e o e o e e e o • e w Y • O h O • V O V • r r O • w e � n v e n • v • • Y .. o h v N e o -+ N r• e. •• N � N � .r w ^ n � ,� Y Q � � ^ � i•f y^j N ~ V V de J r v``o 34'. w n ci M am F% a • v • •wiv w e e o 1.0 e e e d e w •, e• w r+ M N • • • w • •: -. • •w w w e� w • • • h .� ..fY • ++•. w • r• M w w •. e► • O • • P. ^ !• .� rw n ba • ba ■ Y • • •M O O O O • O No N ... • O • • • O v • v • • • • • • • r+ w • rw r• 0 w • r�+ . . • s ti • w 'a • w • w M •. + • Y • �+ • � •+ o •+ • • • • 21 wn � v r► � V � v w + e � • qp rr O V + v • N .+ a .. w� .. r• w w • .. + h • .. w e + w • .. • w •. w V V N w •r .� v • v v �+ n w • • .•� .v .o rb • • • • N • • • O O 3 s 7 • + N • • r r. O • N i • o w • • r. .. + ra w N • • a�+ •. w •r n • • �n w • • r d VA O • !bM lip + M N O � " • N 0�Y • 10 1 ' +ai • is of dig .4 3 O • Y r • die •• • r.• r ., M rY In : Y Of Q a •i � 4q► � a� A �+ • ^� •= yv r CITY OF LOS ANGELL6 CALIFORNIA COrr1i�10A CITY ►LAMMING SUZC"t MCIMA11 •�� _as •hccus G 2 AttOpT .� F0140 [. CAS9 vlct.P4911100" OAMIt1.P GARCIA 1.13T19R a. At" A PRANK / _--MGAMOI LIONARO WIYY c:ceunvc or.ccw TOM ORAOLEY RAYMOMO 1. NORMAN M AY O R �tptrA.Y APPENDIX B march 14, 1977 REQUEST FOR YOUR ASSISTANCE IN OBTAINING INFOluATION REGARDING 'ADULT ENTERTAINMENT ESTABLISHHENTSi1 The Los Angeles City Council has recently requested the Department of City Planning, in cooperation with the Police Department and other City agencies, to conduct a study concerning "adult entertainment" businesses. u th Because of your particular knowledge of the businesses in e vicinity ;of your adress, we are requesting that you answer the questions on the attached questionnaire. These questions relate to the effect of adult entertainment establishments on other businesses and neighborhoods in the surrounding area. The results of the questionnaire will be of great value to us in conducting this study. Please return your completed questionnaire in the stamped envelope provided before April 11 1977. If you have any questions about the study or wish to discuss this matter with Planning Department staff members, please call 485-3508 . we greatly appreciate . your cooperation in assisting us in this survey. Original signed by Calvin S. Samilton CALVIN S. HMILTON Director of Planning CSB:CSR:cd . 0417B/0029A B-: AN CQUAL s=P60yuff fT 0P"W MrrT—%M11A3AnV9 AA=QM 9AUW-OT2X Ju ADULT ENTERTAINMENT QUESTIONNAIRE Los Angeles City Planning Department May 9, 1977 Please answer the seven questions below by checking the appropriate spaces. Feel free to write comments in the space provided or on a separate sheet. For the purposes of this study, an adult entertainment establishment includes businesses such as: adult bookstores; nude or topless dancing establishments; massage parlors; adult theatres saow:ng X-rated movies; "peep shows"; so-called adult motels, and bars with X-rated entertainment. 1. What overall effect do you feel that adult entertainment establishments have on a neighborhood: Effect on the businesses condition (sales i profits) in the area: positive negative no effect Comments/Examples: r Effect on homes (value a appearance) in the area immediately adjacent to adult entertainment businesses: positive negative no effect Effect on homes (values & appearance) in the area located 500 feet or more from adult entertainment businesses: positive negative no effect Comments/Examples: (OVER) *3-1 2. Do you feel the establishment of adult entertainment iacii:ties in the vicinity of your business has had anv of the fol_cui- effects? (Please check all those - effects wnich you feel hav occurred.) no effect decreased property values lower rents increased property values vacant businesses lower taxes _ tenants moving out higher taxes complaints from customers decreased business activity _ less crime increased business _ more crime ____. more litter improved neighborhood appearance deteriorated neighborhood appearance _ other (please specify) Please list specific . examples relating to any box .checked, immediately above. F 3. What are the hours of operation of your business? 4. Save you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? yes no Why? 5. Would you consider expanding in your current location? yes no; if not, why?_ 3-2 S. What types of adult entertainment establishments are thar3 in your area? (Please check all appropriate boxes. ) _ adult bookstores nude or topless dancing _ massage parlors adult theatres peep shows adult motels bars with X-rated entertainment How far from your business is the nearest adult' entertainment establishment? Thank you for your cooperation. Please return this questionnaire to: City of Los Angeles Department of City Planning 200 North Spring Street Room 513, City Hall Los Angeles, CA 90012 Name (Business) Address C 2-3 - CAL.1 PCANIA COMIItIi�tOtW 4 CITY t"14 N I rG �=fit Hqy� �''�•� !Ot GiTY .+.►V IVC0 t. GAst y r OutCTO• tSANItL P. QAJICfA I _ TMA" 6V S. i" o ' SD ` ►WANR a "CCU"S 9rrrCLA TOM eRAOLEY RAYMONO 1. NORNAM SCCXR,uV MAYOR APPENDLX C March 14. 1977 RFE1.2UBST FCR Y^.U": F SSIST UXCE IN CBTA-W.IITC Z. 1 ::..:ir_ii�:drLLs The Las Angeles City Council has recently requested the Department --f City =laaniag, in cooperation with the o.ice D epartment and ether City • agencies, to conduct a study concerning "adult entertainment" businesses. Because al. our articular !mCwled a of the businesses in the. vici:it' =f-I Y p 4 � your address, we are requesten- that you answer the questions on the attached questionnaire. These questions reiats to the 3 fect zi ad•: t enter- tainment establishments on other businesses and neighbor - surrounding area. The results of the questionnaire will be -zf to us in conducting this study. tease return, your czmpleted questionnaire in th- stamped envetc:_ provided before April L. 1977, If Y= have any questions about the study or wish to discuss this rs3tt:r pith :•tanning apartment staff memBors. pleas call 435-350 . v', a greatly appreciate your cooperation in assisting us in this survay. CALVnY S. EULMILTCN Director of 21aaaing CSS:CSN:1mC AM [OUAL. Z3dPt VUtMT AC"0#4 s;UPUDYs>R . Los Angeles C!t7 ?la.-= g Cepa t=en: • ' • ' Wch 14, 197T Please give your opinion regard...'ng questions set forth belcw t7 c�-ck:-; the appropriate spaces and providlna comaents in t:e space rrov:=e: a aparate sheet. per the pcu;ases of this study, "adult entertainaent es:abllsh=en:s' :-- elude businesses such as: adult bookstores, nude or topless danzing _s:t: lishMents; massage parlors; adult theatres snowing X-rated =ovies ; ";eep ahovrs% so-called adult motels and bars with X-rated enter:a::L=eac. EFFECT _ON_SURSCUNDIYG BUSINESSES 1. What effect does the concentration of adult entertal ^.t e3tab1:s4- ments have on the carket value Of business prvpe=-:! (land, 3t _c:u_-s ; futures, etc.) located in tae vicinity of suca ss;.ab1-3;:=ent3? Increase In value _ decrease In value__ no effect Comments/examples: (Please cite specific examples, including avail- . able data.) •2. What effect does the concentration of adult entertainment esta:lish- ments have on the rental value ot%businsss property located in the ._- -- vicinity of such establishments? : increase In value_- decrease in vsluf__, lie st:aet_,_, .. Coents/examples: (Please cite specific exa:ples, ircludlrg av mm a. = -: . able data. ) - 3. What effect does the concentration of adult entertair ent establ=G2_ rents have on the rtntabill:y/saleability of business proper-7 lc e in the vicinity (length of time required to rent or sell proper-7 ; rate of lessee/buyer turnover; types of businesses of prospeC==•Je lessees/buyers; conditions of sale or least, eta.)? increase in rentability/saleability - - � - decrease in antability/saleability . no effect Comments/examples:. (Please cite•specific examples, including data.) C-1 - 4. • Nhat effect does the concentraticn of adult enteral_en: ment3 have on the asu:ual -n 2=2 of businesses located :.. :J : of such estam st.:ents? • increased income decreased income no ef:eet • Comaaents/ex=Ples: (Please cite specific exaayles, including a•�a:_ _ data. Have any business owners or proprietors considered relocating or rot s� expanding their businesses tecause of the nearby concentraticn of adult entertainment estab lishcments? ?ti goy_ not known_ IZt yes, please indicate the specific reason, it known. 6. In recent years, has the co=orcial vitality (sales, profits,, e of any area in the City of Los Angeles been aff ected in a.:y wa/ •`.e • nearby concentration of adult eaterca,innent establishments? Not known__ If yes, Mhieft areas? - Ca nts/examples: (Please cite effects and provide available data.) C-2 • E�'r"" OY SUR.?OU?fDI`IG °�S:r='."":.;L oedpev,.�� s • T. What effect does the concentration o. adult en:er:a:=-en: es:at:_s�t_ ment3 have on tie ma-ricec value o: private residences leca:ed +:::• . the following distances from such estabL'sh=ents? " . Increase Decrease No Less than 500 feet 500 - loco feet more than 1000 feet Comments/examples: (Please.cits speci:ic ezaiples, including ava:=at: (data.) a. What effect does the concentration of adult entertainment establish- meats have on the rental value of residential income proper:y located dithin the following d+stances from such establishments? Increase Decrease Yo E::ect • Less than 500 feet - 50o — 1000 feet ' Mars than loco feet . r Comments/examples: (Please cite specitie ezasaples, Szcludi^g a•ra:lab:: • data. 9. Mmt offset does the concentration of adult entertainment establ_st:- • mats have on the rentability/saleability of residential propertq loeatod Within the following distances frog surh establtshrants? Increase Decrease so Et:ec: Less than 500 feet 500 - 1000 feet ' More than 1000 feet Comments/examples: .(Please cite specific examples, including available 10. Za regard :o the questions set forth above, please _esc: e t. effects which you be'_isve the concentration of adult e.^.:e::a:_•; businesses fis an each of t.,%e following: Property values of surrounding: . Commercial property Residential property Rental values of sur:oiiading: ' Commercial property ` Residential property • Vacancies Number . Length Rate of tenant turnover Annual business ineom+e Complaints from customers and residents dab to concentration • • NeSglnborhood ippearance Crime • • Littur Othcr (PIO&SO specify ' Thank You for your cooperation. Please return this questionnaire to: C1t7 of Los Angeles ' Department of City Planning 200 North Spring Street Roast Sid, City Hall • Los Angeles, CA 90012 Naas Organization Address . Do You wish to be notified of the public hearing on this matter? , •�� a_ APPENDIX 0-1 'fay 3, 1977 Concerned i+2ember3 of ti23 Public ADULT SVJDY We -r;sh to thank yos for your interest in the above -utter. Recently, r.A3+C'.';:t3 o= the Studio City area have received orroneo,:s information rr;a:dinq the activities of this Oepa=tnent. Specz�i- ca ly, :'�r..; IZ=:re been ir.!o=cd that it is our i.tert to create -an •adult ent+3rtai-.went- zone" ca Ventura Boulevard. This +n:o=Ation i3 not czrrract. in Sanuary os this year, the L s An ales City Can cil instructed the pInn--ierg D?z»-tr&nt i: %o cJnduct a stcd to date=ilns! whether so-called "adnl t enter :airmen•t' elt bli sbments, whare they exist iz ccacortrati:n, tent to harp a deteriorating or blighting effa:t on adja_tnt grope::ti s ane rr,r.s. S;r ce that =irre, the Dee ztms en•_ staff ::as ccen evaluating ester froci the public and ;ovo::�ez:zl agenc?es to e..etE:r.:tir.e a:hetha: evi1oti ce of such e`:ects exi:.ta. ?7ithia tie next two months, the anal.�si3 0: the info=nation gathered will be p_esented to the Loa Ainge'.es City Courcil which rill sc3::e a dccision a.: :o w.'acth• = adc?ticn of -regulations is apprepri ate. we req;et that you were sent ala_-wing e==oneouc info=ation; if you have ary fu_-ther questions, please call rry staff at 485-3508 or �i85-33Ga. (C:iginal signed by) Director of Planninq CSH:R7:mw t � 01 • • . • • • of��\�t+�o�� t c t° Qa�' 0 • • a S r`O �4° •r � pJ'`"E� • . • • l\,ps MODEL \t��a ea roe+ �� ' . • • �� t4V age ,ra oco ro t�l 0 v o G:� ESE \�°b V46Ott�d `rt'�\\�''+o� r��9`�,� \act o �c�\p+ �a� ' \+� 0446 \ �� t y°Jap to\A ��\�� • t.G Ora P C.ri ,lac .i `� QEQ,o �aa�`rq ♦hoc , Ptt°�• tt`c� p. �`o Q QQ,O \� � CA cotQNti \N.4E��\6S . \N Go\ A00 O� �Q Pti QF\'QS J Pl' �•� CPOQ .sue r� P . 46��,� •ems . `� G ��,.��,F��'` �"�► •.hoc � Q s to l vj',' >r APPENOIX 0-3 PRIVATELY OISTRI8UTE0 QUESTIONNAIRE (Note: Not a portion of Planning Oepartment Study) - RESPONSES - Total no . of responses 197 Question Resoonse 1 . What effect does the concentration increase in value 2 of- adult entertainment establishments have on the market value of business decrease in value 178 ( 90 . 4:) property ( land, structures , fixtures , etc. ) located in the vicinity of such no effect 2 establishments? 2 . What effect does the concentration increase in value 2 of adult entertainment establishments have on the rental value of business decrease in value 169 (85 .810%) property located in the vicinity of such establishments? no effect 3 3. What effect does the concentration of increase in rentability/. adult entertainment establishments saleability have on the rentability/saleability of business property located in the decrease in rentability/ vicinity ( length of time required to saleability 161 (81 . 701) rent or sell property; rate of lessees/ ; 3 buyer turnover; conditions of sale or ho effect lease, etc. )? 4 . What effect does the concentration of increased income 2 adult entertainment establishments have on the annual income of businesses decreased income 149 ( 75 . 6: ) located in the vicinity. o such 5 establishments? no effect 5. Have any business owners or proprietors yes 71 (36.9%). considered relocating or not expanding their businesses because of the nearby no 4 (4.9%) concentration of adult entertainment establishments? not known 96 (48.7X) 6 . In recent years, has the commercial yes 100 (50.8%) vitality (sales, profits, etc.. ) of any area in the City of Los Angeles been no. (28.9i<) affected in any way by the nearby concentration of adult entertainment not known (35 .8%) establishments? 0-3-1 ? , What effect does the concentration of adult cntartainment astablishr.:ants have on the market value of private residences local min the following distances from such establishments? Increase Oecraase No affect Total Less than 5OO feet - 148 (100%) - 148 SOO - 1000 feet 145 ( 100%) - 145 � _ 9%) - 148 ��tare than OOO feet 142 (95 8. What affect does :he concentration of adult entertainment establishments have an the rental value of residential income property ed within the following distances from such establishments? increase Oecrease No effect Total Less than 500 feet - 143 (99.3%) 1 144 500 - 1000 feet - 138 (98.6%) 2 (1 .4%) 140 More than 1000 feet - 133 (95%) 7 (50%) 140. 9 . What effect does the concentration of adult entertainment establishments have on the rentability/saleability of residential property located within the following distances from such establish- ments? Increase Decrease No effect Total . ,Less than 500 feet 147 (100%) - 147 ' _ 500 - 1000 feet - 141 (99.3%) 142' More than 1000 feet - 141 (97.2%) - 145 10. (Not tabulated) In summary, the respondents felt that the subject businesses have a decidedly adverse impact on surrounding businesses and residential properties and the large majority believe that the adverse effect extends beyond the 1000-toot radius. 0-3-2 Comments indicate concern for: personal safety, e . g. assaults 2 . moral effect on children 3. safety of property, e. g. vandalism, robbery, etc . 4. neighborhood appearance . Adult entertainment establishments were described variously as tawdry, tacky, garish , seedy, messy, neglected, untidy, blighted, unkempt. S. litter, e.g. cans, bottles , newpapers, etc . , strewn about public and private property, especially heavy after Saturday night. 6. spillover parking into residential areas . On-site parking is often inadequate. Customers seeking establishment,anonymity onpark residential distance away from any given streets. 7. graffiti on public and private property. 0-3-3 APPENOIX E SANTA MONICA 80ULEVARO & WESTERN AVENUE NOOE CITr POPULATION 1960 1970 1960 1970 Total Population 18,484 19,033 2 ,479 ,015 2 ,811 ,801 Black 38 340 334 ,916 503 , 606 Percentage 0.2 1.8 13 .5 17 . 9 Spanish 540 3,833 260 , 399 5i8 , 791 Percentage 3. 7 20. 1 10.5 18 . 5 Median Age 42. 1 38.0 33 . 2 30 . 6 Persons 0-17 21190 3,126 756 ,640 849 ,246 Percentage 11 .8 16.4 30.5 30 . 2 Persons 65+ 2,437 3,334 253,993 293 , 395 Percentage 13 . 1 17.5 10.2 10 . 1 No. of Husband & Wife Families 3 ,153 3,380 545 , 109 553 ,504 No . of Unrelated Individuals 3 ,833 6 ,190 329,97.7 421 , 701 Average Household Size 1 .95 1 .90 2. 77 2 . 68 HOUSING Total Units 9,859 10,667 935 ,507 1 ,074 ,17 Singles - 2 ,938 1 ,919 559, 745 560 , 378 Percentage 30.0 18 .0 59 .0 52 .0 Multiples 6,921 8, 748 375 , 762 510 , 261 Percentage 70.0 82 .0 40 .0 47 . 4 Built Pre-1939 7 ,039 5 ,736 481 , 797 328 , 988 All Occupied Units 9,226 9,962 876 ,010 1 ,024 , 835 Owner 1 ,330 1 ,078 404, 652 419 , 801 Percentage 14.0 11.0 50.0 39 .0 Renter 7 ,696 8,986 471 ,358 607 , 573 Percentage 86.0 89.0 43 .0 56 .4 ECONOMICS Median Family Income 5 ,699 7 .713 6 ,896 10 , 535 Median School Years Completed 12. 1 12.3 12. 1 12 . 4 Median Value Owner Occupied in S 16 .450 25 ,825 17 ,300 26 , 700 Median Rent in S . 77 105 78 114 Total Employed 9,370 9,113 126 ,276 1 , 150 , 796 Unemployed 900 912 6 ,914 . 86 , 802 Percentage' 916 10.0 5 .5 7 . 5 'rrr E-1 LANKERSHIM SOULE` ARO & WHI??:.E S7.RE_r ( Valley Control Area) NOOE C : ryw ;nr POPULATION * 1960 1970 1960 197•0 Total Population 5 ,497 5 ,897 2 ,479 ,015 2 ,811 ,801 Black 9 2 334 ,916 503 ,606 Percentage 0.0 . 1 13 . 5 17 .9 Spanish 100 439 2GO , 399 518 , 791 Percentage 1 .8 7 .4 10 . 5 18 .5 Median Age 42. 1 41 .6 33 . 2 - 30 .6 Persons 0-17 1 ,106 1 ,091 756 ,540 849 ,246 Percentage 20. 1 18 . 5 30. 5 30 . 2 Persons 65♦ 729 1 ,076 253 , 993 283 . 395 Percentage 13. 3 18 .2 10.2 10 . 1 No. of Husband & Wife Families 1 ,371 1 ,301 545 , 109 553 , 564 No. of Unrelated 841 1,337 329,917 421 , 701 Individuals Average Household Size 2 . 36 2 . 11 2. 17 2 . 68 HOUSING Total Units 2,520 2 ,865 935 ,507 1 ,074 ; 173 Singles 1 ,289 1 ,082 559, 745 560,378 Percentage 51 .2 37 .8 59.0 52 .0 Multiples 1 ,231 1 , 783 375 , 762 510,251 Percentage 48.8 62.2 40.0 47 . 4 Built Pre-1939 898 813 481,797 328, 988 All Occupied Units 2,328 2J90 876 ,010 1 ,024 ,835 Owner 1 ,076 989 404,652 419 ,80i Percentage 46 .2 35 .4 50.0 39 .0 Renter 1 ,252 1 ,801 471 ,358 607 ,573 Percentage 53. 8 64. 6 43 .0 56 • 4 ECONOMICS . Median Family Income 8,086 13 ,154 6,896 10,535 Median School Years Completed 12.6 12 .6 12.1 12 4 Median Value Owner Occupied in S 22,350 37 ,700 17 ,300 26 , 700 Median Rent in $ 92 136 78 114 Total Employed 2,574 2 ,736 126 ,276 1 , 150, 796 Unemployed 177 280 6 ,914 86 ,802 7 . 5 Percentage 6.9 10.2 5 .5 E-2 HOLLYW000 & WESTERN NOOE CITY;► ''IN E POPULATION 1960 7970 1950 iS70 Total Population 6,860 8 ,438 2 ,479,015 2 ,811. ,801 Black 3 72 334,9i6 503 ,505 Percentage - . 1 13 . 5 17 . 9 Spanish183 909 260, 399 518, 791 Percentage 2 .6 10.7 10 .5 18 . 5 Median Age 43 .9 41. 3 33 . 2 30 . 5 Persons 0-17 576 803 756,G40 849 ,246 Percentage 8. 3 9.4 30. 5 30 . 2 Persons 65+ 1 , 158 1 ,644 253 ,993 283 , 355 Percentage 16 .8 19.4 10. 2 10 . 1 No . of Husband & Wife Families 1 , 306 1 ,408 545, 109 553 ,564 No. of Unrelated Individuals 21805 3 ,602 329,977 421 , 701 Average Household Size 1 .76 1 .62 2.77 2 .58 HOUSING Total Units 6,773 8,044 935,507 1,074, 171 Singles 764 702 559,745 560 : 1- Percentage 11 . 3 8.7 59.0 Multiples 5 ,818 7,559 375,762 5.L.: : . . . Percentage 85.9 94.0 40.0 47 .4 Built PrQ-1939 3,731 3 ,037 481,797 328,988 All Occupied Units 5 ,996 7,506 876,010 1 ,024,835 Owner 394 420 -A?04,652 419,801 Percentage 6.6 5.6 50.0 39 .0 Renter 5 ,502 7, 137 471 ,358 607 ,573 Percentage 93.4 94.4 43 .0 5 . 4 ECONOMICS Median Family Income 5,429 8,537 6,896 10,535 Median School Years Completed 12.5 12.6 12.1 12 . 4 Median Value Owner Occupied in S 22,200 37,333 17,300 26 ,700 Median Rent in S 92 123 78 114 Total Employed 6,535 6 , 745 126,276 1 ,150,796 Unemployed 481 575 6,914 86,802 Percentage 7.4 8.5 5 . 5 7 . 5 E-3 ' SANTA MONICA 80ULEVARO & VERMONT AVENUE NOOE Y"-I POPULATION 1960 1970 10150 1�'70 Total Population 16 ,855 1.5 ,736 2 , 479,015 2 ,811 ,80.1 Black 510 1 ,287 334,515 503 ,606 Percentage 3 .0 8.2 "63 . 5 17 . 9 Spanish 869 3, 936 250, 399 518, 791 Percentage 5 .2 25 .0 10. 5 18 . 5 Median Age 38.8 34.2 33 . 2. 30 . 6 Persons 0-17 2,482 2, 751 756 ,E40 849 ,245 Percentage 14. 7 17.5 30.5 30 . 2 Persons 55+ 2,830 2 ,432 253 ,S93 283 , 395 Percentage 16 .8 15 .5 10.2 10 . 1 No. of Husband & Wife Families 3,343 2,720 545, 109 553 , .464 No. of Unrelated Individuals 4,881 4,818 329,977 421 , 701 Average Household Size 2 .04 2.01 2 .77 2 .a8 HOUSING Total Units 8,866 7,982 535,507 1 ,074, 173 Singles 21655 1,913 559,745 550,378 Percentage 30.0 24.0 59.0 -52 .0 Multiples 5 ,531 5,081 375,762 510,251 Percentage 62.4 76.2 40.0 47 .4 Built Pre-1939 6,589 4,093 481,797 328, 988 All Occupied Units 8,274 74 636 876,010 1 ,024,835 Owner 1 ,404 896 404,652 4112,801 Percentage 17 .0 11 .7 50.0 39 .0 Renter 6,870 6,748 471,358 607 , 573 Percentage 83.0 88.4 43 .0 56 . 4 ECONOMICS Median Family Income 5,901 8, 142 6,896 10 ,535 Median School Years Completed 12.2 12.5 12.1 1-2 . 4 Median Value Owner Occupied in S 15 ,975 24, 100 17 ,300 26 , 700 Median Rent in S 76 103 78 114 Total Employed 9,073 6,528 126,276 1 , 150, 795 Unemployed 595 465 6,914 86 ,802 Percentage 6.6 7.1 5.5 7 . 5 E-4 SEIMA AVENUE CAHUENGA BQULcVARO NODE =rTni [ '0E POPULATION 1960 1970 1SS0 :STO Total Population 14,88E 13 ,827 2 •479015 2 ,811 ,801 c03 ,606 Black 43 342 334131�5 17 . 9 Percentage 3 2 .5 Spanish 840 1 ,822 250 , 359 5i8i8c5 Percentage 5 .6 13.2 10 . 5 33 . 2 30 . 6 Median Age 14309 � 3248 7:S ,6c0 84; , 2:5 Persons 0-17 30 . 5 30 . 2 Percentage 8.8 9.0 283 , 395 Persons 65+ 2,896 219.E 253 9S3 i0. 2 10 . i Percentage 19.5 No . of Husband b 553 ,504 Wife Families 2,406 1,876 545 , _09 No . of Unrelated 6,631 5,951 329,977 421 , 70.1 Individuals Average Household Sfze 1 .68 1 . 60 2 .77 . 2 . 68 HOUSING Total Units 10,022 9,680 935, 507 i3O'a • ' Singles 1,714 1 ,140 559 ,745 - - Percentage 17.1 11.8 59.0 , 26 8,110 8,533 375 ,762 SIO�:77 . Multiples 40.0 4 Percentage 80.9 88.2 Built Pre-1939 7,197 5,161 481,797 328, 088 All Occupied Units 8,938 8,658 876,010 1,024 ,835 404,652 415 ,801 91 7.9 50.0 Owner . 683 39 .0 Percentage 7 , • ' ' 471 ,358 60 Renter 8,164 7,S65 Percentage 91.1 92. 1 43 .0 ECONOMICS Median Family Income 51,335 7,584 6,896 10,535 Median School Years 1 , 12 .4 Completed 12.2 I2.5 - , 2, Median Value Owner 17 ,300 26 , 700 Occupied in S 20,125 30,925 78 114 112 Median Rent in S 12 111 Total Employed 8, 6,990 126 ,276 1,150, 795 Unemployed 998 943 6,914 02 85,8 . 5 Percentage 12.3 13 .5 5 .5 7 E-5• TUJUNGA 30ULE-7AR0 1 VEN%RA 30ULEVAR0 NOOE LOPULATION i960 1970 1960 '-`=70 Total Population 1.7 , 54 11. , 599 2 ,479,015 2 ,81i , 80i 5 Black 44 334 , 516 5G3 ; 506 Percentage . 3 .4 13 . 5 17 . 9 Spanish 398 758 2i01399 518 , 79 : Percentage 2 . 3 6 . 5 10 .5 i3 . 5 Median Age 39 .6 38. 7 33 . 2 30 .6 Persons 0-17 3 ,638 2 , 137 755 ,640 849 : 245 Percentage 20 . 7 18.4 30 .5 30 . 2 1 ,368 1 ,�232 253 ,993 Persons 55+ 283 , 335 Percentage 7 .8 10.6 10. 2 i0 . 1 No. of Husband & Wife Families 4,526 2,E54 545 , 109 553 , '.:5s N3. of Unrelated Individuals 3 ,100 2 ,832 329,977 421 ,701 Average Household Size 2 .36 2. 17 2.77 2 .53 HOUSING Total Units 8,110 5 ,529 935,507 1,074, 173 Singles 4,520 2, 716 559 ,745 500, 378 Percentage 55 .7 49. 1 59 .0 52 .0 Multiples 3 ,590 2 ,813 375 ,762 510 , 261 Percentage 44.3 50.9 40.0 . 47 .< awliBuilt Pre-1939 2,058 1 ,009 481, 797 328 , 088 All Occupied Units 7,548 5,367 876,010 1 ,024 ,835 Owner 3 ,904 2 ,463 404,652 419 ,801 Percentage 51 .4 45.9 50.0 39 . 0 Renter 3,644 2,904 471,358 607 , 573 Percentage 48.3 54. 1 43.0 56 . 11 ECONOMICS Median Family Income 9,9'56 15 ,672 6,896 10,535 Median School Years Completed 12.6 12.9 12. 1 12 . 4 Median Value Owner Occupied in S 23,700 39,650 17 ,300 26 , 700 Median Rent in S 98 142 78 Total Employed 8,800 5 ,965 126,276 1 , 150, 795 Unemployed 584 504 6,914 86 ,802 Percentage 6.7 8.4 5 .5 7 . 5 I E-6 HOLLY'WOOO BOULEVARO ANO HIGHLANO AVENUE NOOE CITYWIDE -ICPULATION 1950 1970 1960 1970 Total Population 1.1 ,438 12,016 2 ,a79 ,015 2 ,811 ,801 Black 38 325 334 , 916 503 , 506 Percentage 3 -2. 7 13 .5 17 . 9 Spanish 357 1 ,509 260, 399 518 , 791 Percentage 3 . 1 • 12 .6 10.5 18 . 5 Median Age 44.5 41.0 33 .2 30 . 6 Persons 0-17 832 970 756,640 849 , 2:6 Percentage 7 .3 8. 1 30. 5 - 30 . 2 Persons 65+ 2,281 2,379 253 ,993 283 , 395 Percentage 19.9 19.8 10. 2 10 . 1 No . of Husband & Wife Families 1,718 1,606 545, 109 553 , 554 No . of Unrelated Individuals 5 ,768 6,408 329,9.77 421 ,701 Average Household Size .1 . 57 1 .56 2 . 77 2 .58 HOUSING Total Units 8,261 8,835 935,507 1 ,074 , 1 Singles 1,169 858 559,745 560, 37; Percentage f 14.2 9.7 59.0 52 . 0 Multiples 7,067 7,958 375 ,762 510, 261 Percentage* 85.5 90. 1 40.0 47 . 4 Built Pre-1939 5 ,768 4,344 481 , 797 328 ,988 All Occupied Units 7,322 7,755 876,010 1 ,024 ,835 Owner 559 559 404,652 419 ,801 Percentage 7 .6 7.2 50 .0 39 .0 Ranter 6,781 7 ,197 471.3,58 607 ,573 Percentage 92.4 92.8 43.0 56 .4 ECONOMICS Median Family Income 5 ,792 7,510 6,896 10,533 Median School Years Completed 12.3 12.6 12. 1 12 . 4 Median Value Owner Occupied in S 23,000 33,300 17 ,300 26 , 700 Median Rent in $ 85 117 78 114 Total Employed 6,469 6,177 126,275 1 , 150 , 796 Unemployed 861 878 5 ,914 85 ,802 Percentage 13.3 14.2 5 .5 7 . 5 c_� HOLLYWOOD BOULEVARD AND GOWER STREET NODE CITYwrn..r POPULATION 1960 1970 1950 1970 Total Population 7 ,067 2 , 342 2 : � 79 ,015 2 ,811 ,801 Black 9 53 334.916 503 ,106 Percentage 1 2 . 3 13 .5 . �17 .9 Spanish 292 311 250, 399 518 , 791 Percentage 4. 1 . 13 . 3 10. 5 ' 3 . 5 Median Age 45 .2 37.3 33 . 2 30 . 5 Persons 0-17 567 227 756,640 849, 246 Percentage 8.0 9.7 30.5 30 . 2 Persons 65+ 1 ,445 325 253,993 283 , 395 Percentage 20.4 13 .9 10.2 10 . 1 No. of Husband b Wife Families 1,316 336 545, 109 553 , 564 No. of Unrelated Individuals 2,707 1 ,155 329,977 421 , 701 Average Household Size 1 .74 1 .64 2.77 2 . 68 HOUSING Total Units 4,334 1,571 935,507 1 ,071 , 173 Singles 669 226 559,745 5601373 Percentage 15 .4 14.4 59.0 52 .0 Multiples •3,463 1,365 f 375,762 510,251 Percentage 84.6 85 .6 40.0 47 . 4 Built Pre-1939 2.,778 726 481 ,797 328 ,988 All Occupied . Units 3,924 1,446 876,010 1 ,024 ,835 Owner 345 93 404,652 419 ,801 Percentage 8.8 6.4 50.0 39 . 0 Renter 3,579 1 ,353 47143588 607 , 573 Percentage 91.2 93.6 ECONOMICS Median Family Income 6,102 8,515 6,896 10 , 535 Median School Years 12 .4 Completed 12.4 12.4 12.1 Median Value Owner Occupied in S 21,750 27,600 i7,308 2j , 114 Median Rent in S 84 112 Total Employed 3,885 1,430 126,276 1, 150, 796 • Unemployed 380 148 6,515 8G ,807 .5 Percentage 9.8 10.3 LANKERSHIM BOULEVARO b VINLANO AVENUE NOOE C POPULATION 1960 1970 1960 1970 Total Population 7,600 9 ,344 2 ,479 ,015 2 ,811 ,301 Black 1 0 334,916 503 ,606 Percentage 0 0 13 .5 17 . 9 Spanish 263 146 260, 399 518, 79i Percentage 3 .5 1 .6 10.5 18 . 5 Median Age 41 . 9 '38.7 33. 2 30 . 6 Persons 0-17 1 ,551 1 ,697 756,640 849 , 246 Percentage 20.4 18.2 30. 5 30 . 2 Persons 65+ 1 ,268 1 ,674• 253 ,993 283 , 395 Percentage 16.7 17.9 10.2 10 . 1 No. of Husband & Wife Families 1 ,833 1,963 545, 109 553 , :64 No . of Unrelated ' Individuals 1 ,325 2,521 329,577 •R .21 , 70I Average Household Size 2 .35 1 . 70 2.17 2 .68 HOUSING Total Units 3,558 4,897 935,507 1,07.4, 173 Singles 19705 1 ,359 559,745 560, �' Percentage 47 .9 27.8 5:.0 - 5 Multiples. 1,853 3 ,538 375 ,77622 510 , Percentage * 48i,797 328 , 988 Built Pre-1939 1 ,501 1 .6» 876,OI0 1 ,024 ,835 All Occupied Units 2.711 4+ 024 ,835 Ownet, 1 ,213 1,143 404,652 01 Percentage 44. 7 24.4 50.0 39 .0 Renter 2,098 3 ,534 47143580• 6075573 6 . 11 Percentage 55.3 75.6 ECONOMICS Median Family Income 6,690 9,471 6,896 10 ,535 Median School Years 2 4 Completed 11.9 12.4 12. s 1 - Median Value Owner Occupied in 0 17,800 25 ,450 17 ,308 Z6 , L14 Median Rent ins 86 118 Total Employed 3,48.1 . 4 ,452 126,276 1 , 150 , 796 Unemployed 267 291 6,914 86 ,202 Percentage 7.7 6.5 5.5 7 • 5 E-9 VallasG CPre- 19R7 a mcrl�tncnf� HEC,D DEC - 6 Q Qo ; i f 4U L-1 :41k1k aw cdMied Bndaares CHAPTER 41A entertainment to their Intended market. SEXUALLY ORIENTED BUSINESSES (b) It is the intent of the city council that the beational regulations of Section 41A-13 of this chapter Sec.41A-1. Purpose and Patent. an promulgated pursuant to Article 2372w,Revised Sec.41A-2. DeAri tions. Civil Statutes of Texas.as they apply to nude model Sec. 41A-3. Classification. studios and sexual encounter centers only. It is the Sec.41A-4. License required. intent of the city council that all other provisions of Sec.41A-5. Issuance of license. this chapter are promulgated pursuant to the Dallas Sec. 41A-6. Pees. City Charter and Article I ITS, Revised Civil Statutes Sec.41A-7. Inspection. of Texas.-(Ord. 19196) Sec.41A-8. Expiration of license. Sec.41A-9. Suspension. SEC.41&L EEMTIONS. Sec. 41A-10. Revocation. Sec.41A-11. Appeal. 1n this chapter: Sec. 41A-12. Transfer of license. Sec.41A-13. Location of sexually oriented (1) ADULT ARCADE means any place to . businesses. which the public is permitted or invited wherein coin- Sec. 41A-14. Exemption from location restrictions. operated or slug-operated or electronically. Sec. 41A-1 S. Additional regulations for escort electrically,or mechanically controlled still or motion agencies. picture machines, projectors, or other image- Sec.41A-16. Additional regulations for nude model producing devices are maintained to show images to studios. . fire or fewer persons per machine at any one time, Sec.41A-17. Additional regulations for.adutlt. and where the images so displayed are distinguished theaters and adult motion picture or characterized by the depicting or describing of theaters. - 'specified sexual activities' or 'specified anatomical Sec.41A-18. Additional regulations for adult areas.' t motels. Sec.41 A-19. Regulations pertaining to exhibition of (2) ADULT BOOMORE orADULT VIDEO sexually explicit Sms or videos. STORE means a commercial establishment which as Sec.41A-20. Display of sexually explicit material to one of its principal business purposes offers for sale minors or rental for any form of consideration any one or Sec.41A-21. Enforcement. more of the following: Sec. 41 A-22. Injunction. Sec. 41A-23. Amendment of this chapter. UU books, magazines. periodicals or other printed matter, or photographs, films. motion Pictures, video cassettes or video reproductions, slides,or other visual representations which depict or SEC.41Ar1. PURPOSE AND IIQTMfT. describe %pecfied sexual activities' or 'specified anatomical areas; or (a) It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, (B) instruments, devices, or safety, morals, and general welfare of the citizens of paraphernalia which are designed for use In the city, and to establish reasonable and.uniform connection with'specified sexual activities.' regulations to prevent the continued eoatc�rttration of sexually oriented busnesses within ths,1dty,`„The (3) ADULT CABARET means a nightclitl - p:WV*k s of this chapter,have neither"tb,�•��„ur�pos° bar,restaurant. or simflar commercial establishment nor effect of imposing a Imitation cc=eatricdon o n the which regularly features: content of any =m m micative msterLls;isicludiaQ sexually.oriented materials.,iS 1Y.�k k not the UU petsorus who appear is a sate od_ Intent nor effect of this chapter to r4strictdeny nudity; or . access by adults to sexually oriented t&terlals .„ protected by the First Amendment,or to deny access (B) live performances which are, by the distributors and exhibitor's of sexually oriented characterized by the exposure of 'specified city Code `. 'i W93 r. R f 41A-2 8saaally Otlamt3sd Easisassss ,,f 41" anatomical areas' or by`specified sexual activities'; offers to privately model lingerie or to privat or perform a striptease for another person. (C) films, motion pictures, video (9) ESCORT AGENCY means a person or rosettes,slides,at other photographic reproductions business association who hrrnishes,afters to furnish, which are characterized by the depiction at' or advertises to hirnfah escorts as one of its primary de ription cf'spocSod sexual activities'or•specified business purposes, for a fee, tip, or other anatomical areas.' consideration. (4) ADULT MOTEL means a hotel, motel (10) ESTABLISWAMgT means and includes cc sfatilar commercial establishment which: say of the following: (A) offers accommodations to the (A) the opening or commencement of public for any form of consideration;provides patrons any sexually oriented business as a new business, with closed-circuit television transmissions, ins, motion pictures, video cassettes, slides, or other (B) the conversion of an existing Photographic reproductions which are characterized business,whether or not a sexually oriented business, by the depiction or description of 'specified sexual to any sexually oriented business; activities' or 'specified anatomical areas';and has a sign visible from the public right of way which (C) the addition of any sexually advertises the availability of this adult type of oriented business to any other existing sexually photographic reproductions; or oriented business; or (B) offers a sleeping room for rentlor- (D) the relocation of any sexually a period of time that is less than 10 hours; or oriented business. (C) allows a.tenant or occupant of.a (11) HISTORIC DISTRICT means a historic sleeping room to subrent the room for a period of overlay toning district as defined in the Dallas j time that is less than 10 hours. Development Code,as amended (3) ADULT MOTION PICTURE TREATER (12) LICENSEE means a person in whose means a commercial establishment where, for any name a license to operate a sexually oriented form of consideration, films, motion pictures, video business has been issued, as well as the individual cassettes, slides, or similar photographic listed as an applicant on the application for a license. reproductions are regularly shown which are characterized by the depiction or description of (13) NUDE MODEL STUDIO means any 'specified sexual activities' or 'specified anatomical place where a person who appears In a state of areas' nudity or displays 'specified anatomical areas' is provided to be observed, sketched, drawn,palnts4 (6) ADULT THEATER means a theater, sculptured, photographed, or similarly depicted by concert hall, auditorium, or similar commercial other persons who pay money or any form of establishment which regularly features persons who consideradon. appear in a state of nudity or live performances which are characterized by the exposure of 'specified (14) OPERATES OR CAUSES TO BE anatomical areas'or by'specified sexual activities.' OPERATED means to cause to tanction or to Vitt or - CA CHIEF OF POLICE means the chief o? 1os°p In operation. A person may be fburd -be operating or causing to be operated a police of the city of Dallas or his designated agent. oriented business whether or not that perso:t fats o' owner,'W owner,or licensee of the business'°`' (8) ESCORT means a person who, for ,wY, consideration,agrees or offers to ad as a corapanior, (13) NUDITY or a STATE OF NUDITY tide,or date for another person, or who agues:os means: ( the appearance of a humia�t�is Daaas City Code 2 03 4UL-2 Nemoany Od■oWd Dod� 4UI63 buttock anus, male genitals. female genitals, or the fondling or other erotic LW 1 female breast; or touching of human genitals, pubic region, buttock, anus, or female breaets; (B) a state of dress that fails to opaquely cover a human buttock anus,male genitals, (B) sex acts, normal or perverted, female genitals, or any part of the female breast actual or simulate4 including intercourse, oral below the top of the areola. copulation, or sodomy, (16) PERSON means an individual, (C) masturbation,actual or simulated; proprietorship,partnership, corporation, association, or or other legal entity. (D) excretory functions as part of or in (17) RESIDENTIAL DISTRICT means a conaection with any of the activities set brth in QQ single family, duplex, townhouse, multiple family or through (C) above. mobile home zoning district as defined in the Danes Development Code. (24) SUBSTANTIAL ENLARGEMENT of a sexuany oriented business means the increase In floor (18) RESIDENTIAL USE means a single areaex.pW floor by the business exists On by re than 25 family,duplex,multiple family,or'nwbile home park pert , ag themobile home subdivision, and campground' use as defined in the Dallas Development Code. (25) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and (19) SEMI-NUDE means a state of dress in includes any of the following: which clothing covers no more than the genitals, :U pubic region, buttocim. and any part of the_*male ., (A) the sale,lease,or sublease of the breast below the top of the areolae, as well as- business; portions of the body covered by supporting straps or devices. (B) the transfer of securities which i constitute a controlling interest in the -business,- (20) SEXUAL ENCOUNTER CENTER means whether by sale, exchange, or similar means;or a business or commercial enterprise that,as one of its primary business purposes, offers for any form of (C) the establishment of a trust,gM,or consideration: other similar legal device which transfers the ownership or control of the business, except for (,A) physical contact in the iorm of transfer by bequest or other operation of law upon wrestling or tumbling between persons of the the death of the person possessing the ownership or opposite sex; or control. (Ord.Nos.19196;19377;20291;20552;21838) (B) activities between male and female M.41" C1.ASSIFICKTION. persons and/or persona of the same sex when one or oriented businesses are classified as more oS the persons is in a state of nudity or semi Sexually nude. (21) SEXUALLY ORIENTED BUSINESS (1) ulult arcades; means an adult arcade,adult bookstore or adult video store,adult cabaret,adult motel,adult motion picture (2) adult bookstores or adult video stares; theater, adult theater, escort agency. nude model studio,or sexual encounter center. (3) adult cabarets: (22) SPECIFIED ANATOWCAL ?AREAS (4) adult motels; means human genitals in a state of sexaral arvossl. (� adult motion picture theaters; (Z3) SPECIFIED SEXUAL ACTMTIES means and includes any of the following: Dan"airy cos.. 3 IZ/93 f 41Ar 3 Sexualb Odonted BOdaeaeee S 41Ar8 y A adult theaters; BBC.41A;d. =RUMCS OF UCOM. (6) n nt (� escort agencies; (a) The chief of police shall approve the J Issuance of a license by the assessor and collector of (8) nude model studios; and taxes to an applicant within 30 days after receipt of an application unless the chief of police finds one.or (9) sexual encounter centers. (Ord.19196) more of the following to be true: SEC.41Ar4. 1dCEM>RBQtMM. (1) An applicant is under 18 years of age. (a) A person commits an offense if he operates (2) An applicant or an applicant's spouse a sexually oriented business without a valid license, is overdue in payment to the city of taxes,fees,fines, issued by the city for the particular type of business. or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a (b) An application for a license must be made sexually oriented business. an a form provided by the chief of police. The application must be accompanied by a sketch or (3) An applicant has failed to provide diagram showing the configuration of the premises, Information reasonably necessary for issuance of the including a statement of total floor space occupied by license or has falsely answered a question or request the business. The sketch or diagram need not be for information on the application form. , professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of (4) An applicant or an applicant's spouse the interior of the premises to an accuracy of plus or-. has been convicted of a violation of a provision of this minus six inches. Applicants who must comply-with �.�,chapter,other than the offense of operating a sexually Section 41A-19_of this chapter shall submit a diagram, oriented business without a license,within two years meeting the requirements of Section 41A-19. Immediately preceding the application. (c) The applicant must be qualified according (5) Any fee required by this chapter has not to the provisions of this chapter. been paid. (d) If a person who wishes to operate a sexually (6) An applicant has been employed in a oriented business is an individual, he must sign the sexually oriented business in a managerial capacity application for a license as applicant. If a person who within the preceding 12 months and has demonstrated wishes to operate a sexually oriented business is an inability to operate or manage a sexually oriented other than an individual,each individual who has a 20 business premises in a peaceful and law-abiding percent or greater interest in the business must sign manner,thus necessitating action by law enforcement the application for a license as applicant. Each officers. applicant must be qualified under Section 41M and each applicant shall be considered a licensee S a (7) An applicant or the proposed license is granted. establishment is in violation of or is not in compliance with Section 41A-7, 41A-12, 41A-13, 411i 18, 41A-16, (a) The fact that a person possesses a valid 41A 17, 41A-18, 41A-19 or 41A-20. dance hall license does not exempt the person from the requirement of obtaining a sexually oriented (8) An applicant or an applicant's spouse business license. A person who operates a sexually has been convicted of a crime: oriented business and possesses a dance hall license shall comply with the requirements and provisions of M Involving: this chapter as well as the requirements and provisions of Chapter 14 of this code when (1) any of the following offenses applicable. (Ord.Nos. 19196; 20552; 21838) as described In Chapter 43 of the Texas Penal Coder (aa) prostitution; bobw CIh►Code 4 `IzW r f 41A-5 Sexadl ►Odented B= sesss f 41L-8 (bb)proaz>aiom o[pros#itutiozi.' elapsed since the date of the last conviction or the date of release from confinement for the`-last (cc)aggravated promotion of conviction, whichever In the later date, If the prostitution; convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring (dd)compelling prostitution; within any 24-month period. (ee) obscenity; (b) The fact that a conviction is being appealed has no effect on the disqualification of the app&iM M sale. distribution, or or applicant's spouse under Subsection (a). display of harmful material to minor. (c) An applicant who has been convicted or (gg) sexual performance by whose spouse has been convicted of an offense listed a child; in Subsection (a)(8)(A) may qualify for a sexually oriented business license only when the time period (hh) possession of child required by Subsection(a)(8)(B) has elapsed. pornography; (d) The chief of police,upon approving issuance (ii) any of the following offenses of a sexually oriented business license.shall Bead to as described in Chapter 21 of the Texas Penal Code: the applicant, by certified mail, return receipt requested, written notice of that action and state (as) public lewdness; where the applicant must pay the license fee and obtain the license. The chief of police's approval of (bb) indecent exposure; the issuance of a license does not authorize the applicant to operate a sexually oriented business until (cc) indecency with a child; the applicant has paid all fees required by this chapter and obtained possession of the license. (fir) sexual assault or aggravated sexual assault as described in Chapter 22 of the (e) The license,if granted,must state on its face Texas Penal Code; the name of the person or persons to whom it is granted, the expiration date, and the address of the (fv) incest,solicitation of a child, sexually oriented business. The license must be or harboring a runaway child as described in Chapter posted in a conspicuous place at or near the 25 of the Texas Penal Code; or entrance to the sexually oriented business so that it may be easily read at any.time. (Ord. Nos. 19196; (v) criminal attempt,conspiracy, 19371; 20552; 21629; 21838) or solicitation to commit any of the foregoing offenses; SEC.41AA PEES. (8) for which:. (a) The annual fee for a sexually oriented (i) less than two years have business license is $750. - elapsed since the date of conviction or the date of release from confinement imposed for the conviction, (b) In addition to the fees required by whichever Is the later date, ff the conviction is of a Subsection (a), an applicant for an initial sexually misdemeanor offense; oriented business license shall,at the time of making application, pay a nonrefundable fee of$720 fot the (2) less than on yeas have city to conduct a survey to ensure that the proposed elapsed since the date of conviction or the date of sexually oriented business is in compliance with the release =tom confinement for . the conviction, locational restrictions set forth In Section 411ir18.` whichever is:the later date. If the conviction b of ay- felony offense;or (c) If an applicant is required by this code to also obtain a dance hall license for the business at aY five less than e years.have single location, payment of the fee for the ffiaW l Danes MY Code sr9s �a g 41A 8 8exaWly d dented Bnsft� f 4UL-10 oriented business license exempts the applicant from (3) refused to allow an inspection of payment of the fees for the dance hall license. (Ord. sexually oriented business premises as authorized _ Nos. 19196; 20612; 21 M; 22206) this chapter, SEC.41M. VrMCTION. (4) knowingly permitted gambling by any person on the sexually oriented business premises; (a) An applicant or licensee shall permit representatives of the police department, the (3) demonstrated Inability to operate or department of environmental and health services,the manage a sexually oriented business to a peaceful fire department,the department of streets,sanitation, and law-abiding manner thus necessitating action by and code enforcement services, and the building law enforcement ofbcers. (Ord. 19196) official to inspect the premises of a sexually oriented business,for the purpose of ensuring compliance with 8EC.41Ar10. 743VOCAlTION. the law, at any time it is occupied or open for business. (a) The chief of police shall revoke a license if a cause of suspension in Section 41A-9 occurs and (b) A person who operates a sexually oriented the license has been suspended within the preceding business or his agent or employee commits an offense 12 months. if he refuses to permit a lawful inspection of the premises by a representative of the police department (b) The chief of police shall revoke a license If at any time it is occupied or open for business. the chief of police determines that: , (c) The provisions of this section do not apply (1) a licensee gave false or misleading to areas of an adult motel which are currently being information pan the.material submitte&to the chief of rented by a customer for use as a permanent or police during the application process; temporary habitation. (Ord.Nos.19196;19377;22026) - (2) a licensee- or an- employee 1 _ SEC.41A-& MaMUTION OF UCENSE. - knowingly -allowed possession. use, or sale controlled substances on the premises; Each license expires one year from the date of issuance, except that a license issued pursuant to a (3) a licensee or an employee has locational restriction expires on the date the knowingly allowed prostitution on the premises; exemption expires. A license may be renewed only by making application as provided in Section 41A4. (4) a licensee or an employee knowingly Application for renewal should be made at least 30 operated the sexually oriented business during a days before the expiration date,and when made less period of time when the licensee's license was than 30 days before the expiration date,the expiration suspended; - of the license will not be affected by the pendency of the application. (Ord. Nos. 19196; 20552; 21838) (5) a licensee has been convicted of an offense listed in Section 41A-5(a)(8)(A)for which the SEC:41A-0. SUSPENSION. time period required in Section 41A 5(a)(8)(B)has not elapsed; The chief of police shall suspend a license for a period not to exceed 30 days if he determines that a (6) on two or more occasions within a 12- licensee or an employee of a licensee has: month period, a person or persons committed an offense occurring in or on the licensed premises of a (1) violated or is not in compliance with crime listed in Section 41A 5(a)(8)(A) for which a Section 41A-7,41A 12,41A-13,41A-15,41A 16,41A 17. conviction has been obtained, and the person;or 41A-18, 41A 19, or 41A 20 of this chapter, persons were employees of the sexually odaited business at the time the offenses were committed; (2) engaged in excessive use of alcoholic beverages while on the sexually oriented business (T) a licensee or an employee :has premises; knowingly allowed any act of sexual inte=w sodomy, oral copulation. masturbation, or contact to occur in or on the licensed premises. Mass City Cods 6 _ f 41lir10 Saaa14 Odsoted 8- f 41Arl3 t term'sesual contact'shall have the same meaning as oriented place than the s under the a address de omitted in theense it is defined in Section 21.02, Texas Penal Code;or any application. (Ord. 1919e (8) a licensee is delinquent in payment to WC.4UL-1 S 1L=TION CW SMALLT the city sor hotel occupancy taxes,ad valorem taxes, CFMTAD BUMMSSES or sales taxes related to the sexually oriented business. (a) A person conur&s an Odense if he operates (c) The fact that a conviction is being appealed or causes to be operated a sexually oriented business shall have no effect on the revocation of the license. within 1,000 soot of: (d) Subsection (b)(7) does not apply to adult (1) a church; motels as a ground for revoking the license unless the 2) a public Or Private elementary or licensee or employee knowingly allowed the act of secondarysch00% sexual intercourse, sodomy, oral copulation. masturbation, or sexual contact to occur in a public (3) a boundary of a residential or historic place or within public view. district as defined in this chapter. (e) When the chief of police revokes a license, (4) a public park; the revocation shall continue for one year and thelicensee shall not be issued a sexually oriented the property line of a lot devoted to a business license for one year from the date revocation (� residential use as defined in this chapter, or became effective. 14 subsequent to revocation, the chief of police finds that the basis for the revocation (� a hospital has been corrected or abated, the applicant may be t granted a.license if at least 90 days have elapsed- A person commits an offense if he causes or since the date.the revocation became effective. If the Cie) license was revoked under Subsection (b)(�. an permits the operation, establishment. substantial applicant may not be granted another license until the enlargement, or transfer of ownership or control of a appropriate number of years required under Section sexually oriented business within 1,000 feet of another 41A 5(a)(8)(8)has elapsed. (Ord.Nos. 19196; 19377; sexually oriented business. 21629) (c) A person commits an offense if he causes or permits the operation,establishment,or maintenance SEC.4Uir11. 11PPBRI+. of more than one sexually oriented business in the If the chief of police denies the issuance or same building, structure, or portion thereot; or the renewal of a license, or suspends or revokes a increase of floor area of any sexually oriented license,the chief of police shall send to the applicant business ibuilding,structure.ining another mumally � ortion hereof or licensee,by certified man,return receipt requested, busineaL written notice of the action and the right to an appeal. d For the puffs of Subsection (a), Upon receipt of written notice of the denial, ( ) ment shall be made in a straight lice,without suspension, or revocation, the applicant or licensee m intervening structures at omits,twat the whose application for a license or license renewal has regardn of the building or structure used as a been denied or whose license has been suspended or nearest polo revoked has the right to appeal to the state district part of the premises where a sexually oriented curt. An appeal to the state district court must be business is conducted,to the nearest Property line of Sod within 30 days after the receipt of notice of the the premises eta church,public or Private elementary t or or secondary school, or hospital or to the sealed decision of the chief of police. The applicant boundary of an affected public park licensee shall bear the burden of Proof fn court.(Old- district,historic district,or residential krt. A- Nos. 19196; 20552; 21838) SEC.4UL-I L TRltNSaStt OF UCMISE. . (e) For purposes of Subsection (b)fat this j- section, the distance between anY two sessaW tramder his 1ice:ise to oriented businesses shall be measured in a straight§'_: A licensee shall not sticuctnres.Ror another, nor shall a licensee operate a sexually line, without regard to irtterverting Dallas city Cods Z 12/93 S 4UL-13 gs=@My OdsnW Bush m f 411F1"1 objects,from the closest exterior wall of the structure any interested person. The formal rules of evidence in which each business is located. 'do not apply. _ (f) Arry sexually oriented business lawfully (d) The permit and license appeal board may, operating on June 18, 1986, that is to violation of in its discretion, grant an exemption from the Subsections (a), (b), or (c) of this section shall be locadonal restrictions of Section 41A-13 if it makes the deemed a nonconforming use. The nonconforming following findings: use will be permitted to continue for a period not to exceed three years,unless sooner terminated for any (1) that the location of the proposed reason or voluntarily discontinued for a period of-30 sexually oriented business will not have a detrimental days or more. Such conforming uses shall not be effect on nearby properties or be contrary to the increased,enlarged,extended or altered except that public safety or welfare; the use may be changed to a conforming use.If two or more sexually oriented businesses are within 1,000 (2) that the,granting of the exemption will feet of one another and otherwise in a permisamle not violate the spirit and intent of this chapter of the location, the sexually oriented business which was city code; Am established and continually operating at a particular location is the conforming use and the hater- (3) that the location of the proposed established business(es) is nonconforming. sexually oriented business will not downgrade the property values or quality of life in the adjacent areas (g) A sexually oriented business fully operating or encourage the development of urban blight; . as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or (4) that the kxxtion L_of.:an additional renewal of the sexually oriented business license, of 'sexually oriented_businessAndbe area will snot be a church, public or private elementary or secondary contrary -.-to_ any program- of neighborhood school, public park residential_ district, historic conservation nor will it interfere with any efforts oJ district,residential lot,or-hospital-within 1.000 feet of urban renewal or restoration; and �- the sexually oriented business. This provision applies only to the renewal of a valid license, and does not (5) that all other applicable provisions of �-- apply when an application for a license is submitted this chapter will be observed. after a license has expired or has been revoked. (Ord. Nos. 19196; 19377; 20291; 21629) (a) The board shall grant or deny the exemption 4 by a majority vote. Failure to reach a majority vote SEC.41A*14. M'1RON FROM LOCATION shall result in denial of the exemption. Disputes of RESTRICTIONS. fact shall be decided on the basis of a preponderance of the evidence. The decision of the (a) If the chief of police denies the issuance of permit and license appeal board is final a license to an applicant because the location of the sexually oriented business establishment is in violation (f) If the board grants the exemption, the of Section 41A-13 of this chapter, then the applicant exemption is valid for one year from the date of the may, not later than 10 calendar days after receiving board's action. Upon the expiration of an exemption, notice of the denial, file with the city secretary a the sexually oriented business is in violation of the written request for an exemption from the kocational locational restrictions of Section 41A-13 until the restrictions of Section 41A-13. applicant applies for and receives another exemption. (b) If the written request Is filed with the city (g) If the board denies the exemption, the secretary within the 10-day limit,a permit and license applicant may not re-apply for an exemption until at appeal board, selected in accordance with Section least 12 months have elapsed since the date of the 2-93 of this code,shall consider the request. The city board's action. secretary shall set a date for the hearing within 60 s' days from the date the written request is received. (h) The grant of an exemption does not exeutpt the applicant from any other provisions of this chpter (c) A hearing by the board may proceed 3f at other than the locatbnal restrictions of ,- least two of the board members are present. .The 41A-13. (Ord. 19196) board shall hear and consider evidence offered by Dallas CST node f IM 41Ar15 Odented 8 4IAr19. ( WC.41ArI& ADDITIONAL R>l ULILTIONS ADULT WC.4lArlis. TI TIONS F R T AGWICMILPCa (a) An escort agency shall not employ any (a) Evidence that a sleeping in & bdek person under the age of 18 years. motel,or similar commercial mWgishment as been rented and vacated two or more times in a period of (b) A person cam mils an offense if he acts as time that is less than 10 hours creates a rebuttable an escort or agrees to act as an escort for any person presumption that the establishment is an adult motel under the age of 18 years. (Ord. 19196) as that term is defined in this chapter. SEC.41J-IL ADDITIONAL REGIJ ATIONS FM (b) A person commit s an offense It as the NUDE MODEL S'1 UMOS. person in control of a sleeping room in a hotel,motel, or shni]ar commercial establishment that does not (a) A nude model studio shall not employ any have a sexually oriented business license,he rents or person under the age of 18 years. subrents a sleeping room to a pars=and,within 10 hours atom the time the room is rented, he rents or (b) A person under the age of 18 years commits subrents the same sleeping room again. an offense if he appears in a state of nudity tm or on of Subsection (b) of this the premises of a nude model studio. It is a defense section.the t purposes or @submnY mean the act of to prosecution under this subsection if the person permitting a room to be occupied for any form of under 18 years was in a restroom not open to public view or persons of the opposite sex. consideration. (Ord. 19196) (c) A person commits an offense if he appears SEC.41Ar19. =G[JLIITICNS PERTAINING TO in a state of nudity or knowingly allows another to BWITION OF SEZIJALLT=&ICIT appear in a state of nudity in an area of a nude model FUM OR VIDEOS' studio premises which can be viewed from the public � right of way. (a) A person who operates or causes to be operated a sexually oriented business, other than an (d) A nude model studio shall not place or adult motel, which exhibits on the premises in a permit a bed, sofa, or mattress in any room on the viewing room of less than I so id cassette, other feet of W or premises, except that a sofa may be placed in a space, a Alm, v reception room open to the public. (Ord. 19196) reproduction which depicts specffied sexual activities or specified anatomical areas, shall comply with the SEC.41ArI7. ADDITIONAL REGULATIONS FOR following requirements: ADULT THFATERS AND ADULT MOTION PICTURE THEATMt& (1) Upon application for a sexually oriented business license, the application shaD be (a) A person commits an offense if he knowingly accompanied by a diagram of the premises showing allows a person under the age of 18 years to appear a plan thereof specifying the location of one er more in a state of nudity in or on the premises of an adult manager's stations and the location of all overhead theater or adult motion picture theater. lighting fixtures and designating any portion Of the premises in which patrons will not be permitted. A (b) A person under the age of 18 Yeats cis manager's station may not emceed 32 square feet of an offense if he knowingly appears in a state of nudity floor area. The diagram shall also designate the in or on the premises of an adult theater at adult place at which the permit will be conspicuously motion picture theater. posted'If granted. A professionally prepared� to the nature of an engineer's or architect's bineprtat (c) it is a defense to prosecution under shall not be required;however each diatl . the'pe:son be oriented to the north or to some d Subsections (a) and (b) 01 this section it esignated street under 18 years was in a restroom not open to public or object and should be drawn to a designated seals_ . view or persons of the opposite sex. (Ord.''No& or with marked dimensions sumcient to show the 19196; 21838) various internal dimensions of all areas of the imterbF. of the premises to an accuracy of plus or minus six t inches. The chief of police may wad the t° Does Cfty Code 9 12J93 411L•lsi ea®al�Od mled sssifaa�ss ;4UL-21 diagram for renewal applications if the applicant the illumination described above,is maintained at all r adopts a diagram that was previously submitted and times that any patron is present in the premises.'X"` certifies that the configuration of the premises has not haying a duty under Subsections been altered since it was prepared. (b) person (1) through (8) of Subsection (a) above commits an (2) The application shall be sworn to be 19ftense if he knowingly fails to fulfil that duty. (Ord. true and correct by the applicant. 196) (3) No alteration in the configuration or MO.4UWI0. USPLU OF.Sil13;t AMT MWL= location of a manager's station may be made without 1ATERM TO M24CIM the prior approval of the chief of police or his designee. (a) �person commits an offense A>n a business establishment open to persons under the age of 17 (4) It is the duty of the owners and years, he displays a book pamphlet, newspaper, operator of the premises to ensure that at least one magazine,fibm4 or video cassette,the cover of which employee is on duty and situated in each depicts,in a manner calculated to arouse sexual lust manager'astation at all times that any patron is or passion for commercial gain or to exploit sexual present inside the premises. lust or perversion for commercial gain, any of the following: (S) The interior of the premises shall be masttubatiom configured in such a manner that there is art (1) human sexual intercourse, unobstructed view from a manager's station of every or sodomy; area of the premises to which any patron is permitted access for any purpose excluding sestrooms. (2) fondling; or other erotic:touching of Restrooms may not contain video reproduction human genitals, pubic ry region,>buttocks,;-or;female equipment. If the premises has two or more breasts; manager's stations designated,then the interior of the premises shall be configured in such a manner that (3) less than completely -and opaquely there is an unobstructed view of each area of the covered human genitals, buttocks, or that portion of premises to which any patron is permitted access for the female breast below the top of the areola; or any purpose from at least one of the manager's stations. The view required in this subsection must be (4) human male genitals in a discernibly by direct line of sight from the manager's station• turgid state,whether covered or uncovered. (6) It shall be the duty of the owners and (b) In this section'display' means to locate an operator, and it shall also be the duty of any agents item in such a manner that, without obtaining and employees present in the premises to ensure that assistance from an employee of the business the view area specified in Subsection (S) remains establishment: unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any (1) it is available to the general public for patron is present in the premises and to ensure that handling and inspection; or no patron is permitted access to any area of the premises which has been designated as an area in (2) the cover or outside packaging on the which patrons will not be permitted in the application item is visible to members of the general public. filed pursuant to Subsection (1) of this section. (Ord. 19196) (7) The preen imm shall be equipped with WC.4UL 21. M1T- overhead lighting ftdw s of sufficient intensity to Illuminate every place to which patrons are permitted (a) Except as provided by Subsection (b),any access at an illumination of not less than one (1.0) person violating Section 41x 13 of this chapter,upon footcandle as measured at the floor level. : . conviction, is punishable by'a fine not to exaiw 5 OM. ti (8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that , DOW City Code - I2/93 10 :. f 414r21 8esoali3►Oirl�d firiaMs 41A,23 Y rrn.w- � (b) If the sexually oriented business involved is !C.41h443. t3IIS CIif1FTBR. a nude model studio or sexual encounter center,then violation of Section 41A-13 of this chapter is Sections 41A 13 and 41h14 of this chapter may punishable as a Class A misdemeanor. be amended only after compliance with the procedure required to amend a zoning ordinance. (c) Except as provided by Subsection (b), any other sections of this chapter may be amended by person violating a provision of this chapter other than vote of the city council. (Ord. 19196) Section 41A 13, upon conviction, is punishable by a fine not to exceed M. (d) It is a defense to prosecution under Section 41A4(a),411t 13,or 41A-16(d)that a person appearing In a state of nudity did so in a modeling class operated: (1) by a proprietary school licensed by the state of Texas;a college,junior college,or university supported entirely or partly by taxation; (2) by a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or (3) in a structure: (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (B) where in order to participate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time. (e) It is a defense to prosecution under Section 41A4(a) or Section 41Ai 13 that each item of •descripttve,printed,film,or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. (Ord. Nos. 19196; 19963; 20552) SEC.41A,2L II�Lt1�iCTIOiN. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 411i 13 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. (Ord. 19196) 12/93 DalYs Cft�Coda . r - - l (intent only left blank) ..r Y � aYh`.^, ats 4, .:t,sf$ �:a w int O.C,16de zh=6 Halls f 14.1 t CHAPTER 14 (4) CLASS C DANCE HALL means any place where dancing is scheduled one day at a time. DANCE HALLS (S) CLASS D DANCE HALL means any Sec. 14-1. Definitions. place: Sec. 14-2. License required. Sec. 14-2.1. Location of Class E dance halls (A) where dancing is permitted one within 1,000 feet of a business serving day a week or more by a person in a state of semi- or selling alcoholic beverages. nudity or simulated nudity; or Sec. 14-2.2. Location of Class D dance halls. ' Sec. 14-2.3. Exemption from locational restrictions (B) that is advertised either on or off for Class D dance halls and late- the premises: hours permits. Sec. 14-2.4. Exemption from locational restrictions (� as topless; for Clan E dance halls. Sec. 14-3. Issuance of license; posting. (it) as a gentleman's club,bar,or Sec. 14-3.1 Late-hours permit. saloon; Sec. 14-4. Fees. Sec. 14-5. Hours of operation. (iii) as adult entertainment; Sec. 14-6. Inspection. Sec. 14-7. Dance hall supervisor. (tv) as x-rated; or Sec. 14-8. Persons under 17 prohibited. Sec. 14-8.1. Persons under 14 and over 18 (y) by any other term calculated prohibited. to attract patrons with nudity,semi-nudity orstmulated Sec. 14-8.2. Persons under 18 prohibited. nudity. Sec. 14-9. Expiration of license. t MoveSec. I4-10. Suspension. (6) CLASS E DANCE HALL means any Sec. 14-11. Revocation. place where dancing is permitted seven days a week Sec. 14-12. Appeals. - for persons from age 14 through age 18 only. Sec. 14-13. Transfer of license or late-hours pew, (7) IN SESSION means the status of a Sec. 14-14. Penalty. school during the fall or spring term when students Sec. 14-1 S. Injunction. are required to attend the school. (8) LATE-HOURS PERMIT means a permit SEC. 14-1. DEMITIONS. authorizing a licensee to operate a Class A,B.C,or D dance hall until 4:00 a.m. In this chapter: (9) LICENSE means a permit to operate a (1) DANCE HALL means a place where: dance hall (A) dancing by patrons or customers (10) LICENSEE means a person in whose is permitted; or name a license to operate a dance hall has been issued,as well as the individual listed as an applicant (B) dance or any similar live on the application for a dance hall license. performance is presented to the public (11) PERSON means an individual, (2) CLASS A DANCE HALL "means any partnership, corporation, association, or other legal place where dancing is permitted three days or more . entity. a Week (12) PRIVATE CLUB means an association' (3) CLASS B DANCE HALL means any., of persons:for the promotion of some common object, place where dancing is permitted less than three days which operates not for a profit a place.for the- a week. `accommodation of its members and guests wn2y. s' Zen-C Y'Code 8/93 1- f 14.1 - MUM Halls (13) SCHOOL means a public or private (e) A person who obtains a valid elementary or secondary school oriented business license for an adult cabaret Is not required to obtain a dance hall license for the same (14) SEMI-NUDITY means a state of dress location. A person who operates a dance hall that is In which clothing covers no more than the genitals, also a sexually oriented business shall comply.with pubic region. buttocks, and any part of the female the requirements and provisions of Chapter 41A of breast below the top of the areolae,as well as parts this code as well as the requirements and provisions of the body covered by supporting straps or devices. of this chapter. (Ord. Nos. 13721; 19241; 21184; 21837) (15) SIMULATED NUDITY means a state of - dress in which any device or covering, exposed to view, is worn that simulates any part of the genitals, SEC. 14-.1. LOCATION OF CLAW E DANCE buttocks, pubic region, or any part of the female HALLS WIT= 1,000 FEET OF A breast below the top of the areolae. (Ord. Nos. BUSMMSS SERVMG OR SELLING 13721; 18725; 18803; 189%; 19241; 21184; 21837) BEVEL49= (a) In this section,BUSINESS THAT SERVES OR SEC. 14-L LICENSE REQUIRED. SELLS ALCOHOLIC BEVERAGES means a bai4 lounge, tavern, or liquor store use, as defined in (a) A person commits an offense if he operates Section 81A4210 of the Dallas City Code, as a dance hall without a license. amended. (b) An application for a license must be made (b) No license may be issued for a Class E on a form provided by the chief of police. The dance hall under this chapter if the dance hall will,be. applicant must be qualified according to the located within 1,000 feet of a .lawfully:exh tittg provisions of this chapter. business that serves or sells alcoholic beverages. (c) A person who wishes to operate a dance (c) For purposes of this section,measurements ` hall must sign the application for a license as shall be made in a straight line, without regard to applicant. If a person who wishes to operate a dance intervening structures or objects, from the nearest hall is other than an individual, each individual who entry door in the part of a building used as a Class E has a 20 percent or greater interest in the business dance hall to the nearest entry door in the part of a must sign the application for a license as an building used as a business that serves or sells applicant. Each applicant must meet the alcoholic beverages. requirements of Section 14-3(a), and each applicant will be considered a licensee if a license is granted. (d) 14 on June 27, 1990,a business operating as a Class E dance hall is located within 1,000 feet of a (d) It is a defense to prosecution under this business that serves or sells alcoholic beverages, section that the actor is conducting a dance at: then the business that was first lawfully established and continually operating at that particular location is (1) a private residence from which the deemed a conforming use and the later established general public is excluded; business is deemed a nonconforming use. A nonconforming use is exempted from the location (2) a place owned by the federal,state,or requirement of Subsection (b) of this section for the local government; first three license renewals after June 27,1990,unless the use is sooner terminated for any reason or (3) a public or private elementary school, voluntarily discontinued for a b- period of 30 logs'or secondary school, college. or university; ,. more. A nonconforming use may not be increased, enlarged, extended, or altered, except that the use (4) a place owned by a 'religious nay be changed to a conforming use. (Ord No.. organization; or 20663; 21184) ._.. (� a location where no more,than three dances a month are conducted and the'actor is a private club. Was Clty Code Z _ 05 w. s 14U ul)aaoa Hans s 144L3 Owe SEC. 14-.a. LOCATION OF CLASS D closest exterior wall of the structure in which each DANCE HALL& Class D dunce hall Is located. (a) A person commits an offense U he operates (e) Any Class D dance hall.lawfully operating or causes to be operated a Class D dance hall within on January 22, 1992 that Is in violation of Subsection 1,000 feet at (a) or (b) of this section shall be deemed a nonconforming use. The nonconforming use will be (1) a church; permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or (2) a public or private elementary or voluntarily discontinued for a period of 30 days or secondary school; more. The nonconforming use shall not be increased, enlarged, extended, or altered, except that the use (3) a boundary of a residential or historic may be changed to a conforming use. If a Class D district as defined in Chapter 41A of this code; dance hall is within 1,000 feet of another Class D dance hall and otherwise in a permissible location, (4) a public park; or the Class D dance hall that was first established and continually operating at a particular location Is the (5) the property line of a lot devoted to a conforming use and later-established Class D dance residential use as defined in Chapter 41A of this code, hall is the nonconforming use. whether such use is within the city limits or not. (1) A Class D dance hall lawfully operating as (b) A person commits an offense if he causes or a conforming use is not rendered a nonconforming permits: use by the location, subsequent to the grant or renewal of the Class D dance,hall license, of a (1) the operation,establishment,substantial church, public or private.ele;nentary or-secondary enlargement, or transfer of ownership or control of a school,public park,residential district,or residential ice Class D dance hall within 1,000 feet of another Class use within 1,000 feet of the Class D dance hall. This D dance hall; provision applies only to the renewal of a valid license and does not apply when an application for a (2) the operation, establishment, or license is submitted after a license has expired or maintenance of a Class D dance hall in a building, been revoked. (Ord. 21184) structure,or part of a building or structure containing another Class D dance hall; or SEC. 14.2.9. MMMPTION FROM LOCATIOTI& (3) the increase of floor area of any Class RESTRICTIONS FOR CLASS D D dance hall in any building, structure, or part of a DANCE HALLS AND LATE-HOURS building or structure containing another Class D PERMITS. dance hall. (a) If the chief of police denies the Issuance of (c) For purposes of Subsection (a) of this a Class D dance hall license to an applicant because section,measurement shall be made in a straight line, the location of the Class D dance hall Is in violation without regard to intervening structures or objects, of Section 14-22 of this chapter, then the applicant from the nearest part of the building or structure used may, not later than 10 calendar days after receiving as a part of the premises where a Class D dance hall notice of the denial, file with the city secretary a is conducted, to the nearest property line of the written request for an exemption from the locadonal premises of a church or public or private elementary restrictions of Section 14-22. or secondary school,or to the nearest boundary of an affected public park,residential district,or residential (b) If the chief of police denies the Issuance of use. a late-hours permit for a Class X B. C, or D dance hall to an applicant because the location of the dance (d) For purposes.of Subsection (b) of this hall is in violation of Section 14-3.1 of this chapter, section,the distance between any two Class D dance then the applicant may, not later than 10 calendar halls shall be measured in a straight line,'without days after receiving notice of the denial,file with the regard to intervening structures or objects,from the city secretary a written request for an exemption from the locational restrictions of Section 14-3.1. , Was City Code 3 f 14-U _<:Dance Hans (c) If a written request is Sod under Subsection operating under a late-hours permit is in violation of (a)or(b) of this section with the city secretary within the locational restrictions of Section 14-3.1, unto the the 10-day limit, a permit and license appeal board, applicant applies for and receives another exemption. selected in accordance with Section 2-93 of this code, shall consider the request. The city secretary shall (h) If the board denies the exemption, the set a date for the hearing within 60 days from the date applicant may not re-apply for an exemption until at the written request is received. least 12 months have elapsed since the date of the board's action. (d) A.hearing by the board may proceed if at least two of the board members are present. The (i)- The grant of an exemption for a Class D board shall hear and consider evidence offered by dance hall does not exempt the applicant from any any interested person. The formal rules of evidence provision of this chapter other than the locational do not apply. restrictions of Section 14-2.2. The grant of an exemption for a late-hours permit for a Class A.B.C. (e) The permit and license appeal board may, or D dance hall does not exempt the applicant from In its discretion, grant an exemption from the any provision of this chapter other than the locational locational restrictions of Section 14-2.2 for a Class D restrictions of Section 14-3.1.(Ord.Nos.21184;21837) dance hall or from the locational restrictions of Section 14-3.1 for a late-hours permit for a Class A.B, C. or D dance hall,whichever applies, if it finds that: SEC. 14-M. 1EMlp'1'ION FROM LOCA.TIONAL RESTRICTIONS FOR CLASS 8 (1) the location of the proposed dance hall DANCE HALALS. will not have a detrimental effect on nearby property or be contrary to the public safety or welfare; (a) If the chief of police-denies the-issuance of a Class E dance hall license to an applicant Because. (2) the granting of the exemption will not the location of the Class E dance hall is in violation violate the spirit and intent of this chapter, Section 14-2.1 of:this chapter,then the applicant may, not later than 10 calendar days after receiving notice (3) the location of the proposed dance hall of the denial, Me with the city secretary a written will not downgrade the property value or quality of request for an exemption from the locational life in any adJacent area or encourage the restrictions of Section 14-2.1. development of urban blight; (b) If a written request is filed under Subsection (4) the location of an additional Class D (a)of this section with the city secretary within the 10- dance hall or an additional dance hall operating day limit,a permit and license appeal board,selected under a late-hours permit in the area will not be in accordance with Section 2-9S of this code, shall contrary to any program of neighborhood consider the request. The city secretary shall set a conservation or interfere with any efforts of urban date for the hearing within 60 days from the date the renewal or restoration; and written request is received. (S) all other applicable provisions of this (c) A hearing by the board may proceed if at chapter will be observed. least two of the board member's are present. The board shall hear and consider evidence offered by (1) The board shall grant or deny the any interested person. The formal rules of evidence exemption by majority vote. Failure to reach a do not apply. majority vote will result in denial of the exemption.Any dispute of fact must be decided on the basis of a (d) The permit and license appeal board shall preponderance of the evidence. The decision of the grant an exemption from the locational restrictions of permit and license appeal board is finaL Section 14-2.1 for a Class E dance hall if it finds-that: (g) If the board grants the exemption, the (1) a physical barrier exists between the exemption is valid for one year from the date of the proposed dance hall and the business that serves or board's action. Upon the expiration of an exemption, sells alcoholic beverages, such that the shtnt a Class D dance hall is in violation of the locational distance in any direction that a person would have to restrictions of Section 14-2.2 and a dance hall physically travel from the nearest entry door in the Ww Clly Cods 4 B/gg f t f 14-.4 t'Daaos Halls :14.3 1 t part of the building used as the dance hall to the of a license by the assessor and collector of taxes to nearest entry door in the part of the building used as an applicant within 30 days after receipt of an the business that serves or sells alcoholic beverages application unless the chief of police finds one or is not less than 1,000 feet; more of the following to be true: (2) the character of the neighborhood (1) An applicant is under 18 years of age. suaonnding the proposed dance ball is conducive to youth programs and activities and contains other uses (2) An applicant or an applicant's spouse that promote positive youth development; is overdue in payment to the city of taxes,fees,fines, or penffities assessed against or imposed upon the (3) the public safety record for the applicant or the applicant's spouse. premises of the proposed dance hall and the surrounding businesses, including any business that (3) An applicant uses alcoholic beverages serves or sells alcoholic beverages,indicates that the to excess. area is reasonably safe for persons from age 14 through age 18; (4) An applicant is physically or mentally Incapacitated to an extent that the applicant cannot (4) the location of the Class E dance hall operate a dance hall. in the area will not be contrary to any program of neighborhood conservation or development; (5) An applicant has failed to answer or falsely answered a question or request for information (5) the granting of the exemption will not on the application form provided. violate the spirit and intent of this chapter, and (6) An applicant or an applicant's spouse (6) all other applicable provisions of this has been convicted of a violation of a provision of this j chapter will be observed. chapter, other than the offense of operating a dance ((awl hall without a license, within two years immediately (e) The board shall grant or deny the preceding the application. exemption by majority vote. Failure to reach a majority vote will result in denial of the exemption. (n Any fee required by this chapter has Any dispute of fact must be decided on the basis of a not been paid. preponderance of the evidence. The decision of the permit and license appeal board is final. (8) An applicant or an applicant's spouse has been convicted of a crime: (1) U the board grants the exemption, the exemption is valid for one year from the date of the (A) involving: board's action. Upon the expiration of an exemption, a Class E dance hall is in violation of the locational (1) any of the following offenses restrictions of Section 14-2.1 until the applicant applies as described in Chapter 43 of the Texas Penal Code: for and receives another exemption. (aa) prostitution; (g) If the board denies the exemption, the applicant may not re-apply for an exemption until at (bb)promotion of prostitution; least 12 months have elapsed since the date of the board's action. (cc)aggravated promotion of prostitution; (h) The grant of an exemption for a Class E dance hall does not exempt the applicant from any (dd)compelling prostitution; provision of this chapter other than the locational restrictions of Section 14-2.1. (Ord.22416) : (ee) obscenity; (if) sale, distribution, or WC. 14a. MWANCE OF LICENSE;POSTENG. display of harmful material to minor, (a) The chief of police shall approve issuance DiaUss My Cods 14 3 ;Ew o Hann (gg) sexual performance by (10) Alcoholic beverages are ess - a child; or consumed,or sold on premises used or to be used by the applicant for a Class E dance hall. (hh)possession of child pornography*. (11) An applicant for a Class E dance hall license is in violation of the locational requirements of (ii) any of the following offenses Section 14-2.1 of this chapter. as described in Chapter 21 of the Texas Penal Code: (12) An applicant for a Class D dance hall (aa) public lewdness; license-is in violation of the locational requirements of Section 14-22 of this chapter. (bb) indecent exposure; or (b) The fact that a conviction is being appealed (cc) indecency with a child; has no effect on the disquilitication of the applicant or the applicant's spouse under Subsection (a). (iii) sexual assault or aggravated sexual assault as described in Chapter 22 of the (c) An applicant who has been convicted or Texas Penal Code; whose spouse has been convicted of an offense listed in Subsection (a)(8)(A) may qualify for a dance hall (iv) incest,solicitation of a child, license only when the time period required by or harboring a runaway child as described in Chapter Subsection (a)(8)(B) has elapsed. 25 of the Texas Penal Code; or (d) The chief of police, upon approving - (v) criminal attempt,conspiracy, issuance of a dance hall license, shall send to.the or solicitation to commit any of the offenses listed in applicant,by certified mail,return receipt requested, Paragraph (10)(A)ti) through (iv) of this subsection; written notice of.that action and state where applicant must pay the license fee and obtain (B) for which: license. The chief of police's approval of the issuance of a license does not authorize the applicant (i) less than two years have to operate a dance hall until the applicant has paid all elapsed since the date of conviction or the date of fees required by this chapter and obtained possession release from confinement imposed for the conviction, of the license. whichever is the later date, if the conviction is of a misdemeanor offense; (e) The license must state on its face the name of the person to whom it is granted, the expiration (ii) less than five years have date,the address of the dance hall,and whether it is elapsed since the date of conviction or the date of issued for a Class A, Class B, Class C, Class D, or release from confinement for the conviction, Class E dance hall. whichever is the later date, if the conviction is of a felony offense; or (1) The license, along with any late-hours permit,must be posted in a conspicuous place at or -. (iii) less than five years have near the entrance to the dance hall so that it may be elapsed since the date of the last conviction or the easily read at any time. (Ord. Nos. 18721; 16067; date of release from confinement for the last 18725; 18803; 20663; 21184; 21837) conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring SEC. 14 M. LATE49OURS PERMT. within any 24-month period. (a) A person who is issued a Class A.Chu B. (9 An applicant has been employed in a Class C,or Class D dance hall license may apply.on dance hall in a managerial capacity within 3the a form provided by the chief of police,for a late-hours . preceding 12 months and has demonstrated. an permit. Upon receipt of the application and payme*' inability to operate or manage a dance hall premises of the late-hours permit fee,the chief of police in a peaceful and law abiding manner, thus issue a late-hours permit to the applicant, except necessitating action by law enforcement officers. • , Dallas Cfty Code e ;8✓ss r f 1441 ZZIOWN Haab 148 no late-hours permit may be issued for a dance hall nonrefundable fee of$720 for the city to conduct a located within 1,000 feet at survey to ensure that the proposed dance hall is In compliance with the locational restrictions set forth in (1) a boundary of a residential district as Section 14-2.1. 14-2A or 14-3.1. whichever is defined in Chapter 41A of this code; or applicable. (Ord. Nos. 15721; 18411; 18725; 18803; 20612; 21184; 21837;22206) (2) the property line of a lot devoted to a residential use as defined in Chapter 41A of this code, whether such use is within the city limits or not. IMC. 14-L HOURS OF OPERATION. (b) For purposes of Subsection (a) of this (a) A person without a late-hours permit section,measurement will be made in a straight line, commits an offense if he operates a Class X Class B. without regard to intervening structures or objects, Class C,or Class D dance hall between the hours of from the nearest part of the building or structure used 2:00 a.m.and 7:00 a.m.,Monday through Saturday,or as a part of the premises where a dance hall is between 2:00 a.m. and 12:00 noon on Sunday. conducted, to the nearest boundary of a residential district or property line of a lot devoted to a (b) A person with a late-hours permit commits residential use. an offense if he operates a Class A.Class B, Class C. or Class D dance hall between the hours of 4:00 a.m. (c) Once issued, a late-hours permit is and 7:00 a.m..Monday through Saturday,or between considered a part of the license for a Class A. Class 4:00 a.m. and 12:00 noon on Sunday. B, Class C. or Class D dance hall and is valid only when the dance hall license it accompanies is valid. (c) A person commits an offense if he operates (Ord. Nos. 18725; 21184; 21837) a Class E dance hall during any hours other than the following: SEC. 14-C PEES. (1) when school is in session in the school district in which the dance hall is located, between (a) The following nonrefundable fees will be the hours oL• charged for each.license issued under the terms of this chapter. (A) 4:00 p.m.and 10:00 pan.,Monday through Thursday; (1) For a Class A dance hall, the annual license fee is $785. (B) 4:00 pan and 12:00 midnight, Friday; (2) For a Class B dance hall, the annual license fee is $400. (C) 1:00 pan. and 12:00 midnight, Saturday; and (3) For a Class C dance hall, the daily license fee is $25. (D) 1:00 pan and 10*00 pan,Sunday. or (4) For a Class D dance hall, the annual license fee is$750. (2) when school is not in session in the school district in which the dance hall is located, (5) For a Class E dance hall. the annual between the hours of 1:00 pan. and 12:00 midnight, license fee Is$Y85. Monday through Sunday. (Ord. Nos. 15721; 18725; 18803; 21184) (6) Fora late-hours permit.the annual fee ,. Is$130 in addition to the license fee for a Class A, B. C,or D dance hall,whichevrer is applicable. SEC. 1". .INSPECTION. (b) In addition to the fees required by (a) Representatives of the police,environmental i Subsection (a), an applicant for an initial Class D or and health services, fire, and streets, sanitation,and E dance hall license or an initial late-hours permit code enforcement services departments may inspect shall, at the time of making application, pay a the premises of a dance hall,for the.purpose of Dalian City Code 8,/95 ? 14-0 -z%kW9 Hans ensuring compliance with the law, at any time 8 is SEC. 14.8.1. PERSONS UNDER 14 AMID ^ open for business or occupied. OVER 18 PROMMIM. - (b) A person who operates a dance hall or a (a) No person under the age of 14 years or person designated as the dance hall supervisor over the age of 18 years may enter a Class E dance commits an offense S he refuses to permit a lawful hall. inspection of the premises of a dance hall by a representative of the police department at any time it (b) A person commits an offense ii he is over is open for business or occupied. (Ord.Nos. 15721; the age of 18 years and: 18803; 21184; 22026) (1) enters a Class E dance hall; or SEC. 14.7. DANCE HALL SUPERVISOR (2) for the purpose of gaining admittance into a Class E dance hall, he falsely represents (a) A person who operates a dance hall must himself to be: designate a person as dance hall supervisor and register that person's name with the chief of police. (A) of an age from 14 years through 18 years; (b) A person designated dance hall supervisor must remain on the premises of the dance hall during (B) a licensee or an employee of the the time dancing is permitted and until 30 minutes dance hall; after the end of the dance to insure that the dance is conducted in an orderly manner. (Ord. Nos. 15721; (C) a parent or guardian of a person 21184) inside the dance hall; or (D) a governmental employee in thv SEC. 14-. PERSONS UNDER 17 PROHMMM. performance of official duties. ' (a) No person under the age of 17 years may (c) A licensee or an employee of a Class E enter a Class 1i,Class B,or Class C dance hall unless dance hall commits an offense if he knowingly allows accompanied by a parent or guardian. a person to enter or remain on the premises of the dance hall who is: (b) A person commits an offense if he falsely represents himself to be either a parent or guardian (1) under the age of 14 years; or of a person under the age of 17 years for the purpose of gaining the person's admittance into a Class A, (2) ever the age of 18 years. Class B, or Class C dance hall (d) It is a defense to prosecution under (c) A licensee or employee of a Class A,Class Subsections (b)(1) and (c)(2) that the person is: B, or Class C dance hall commits an offense U he knowingly allows a person under the age of 17 years (1) a licensee or employee of the dance to enter or remain on the premises of the dance hall hall; unless the person is accompanied by a parent or guardian. (2) a parent or guardian of a person inside the dance hall; or (d) A licensee of a Class X Class B,or Class C dance hall commits an offense if he maintains the (3) a governmental employee in the premises without posting a sign at each entrance to performance of official duties. the business that reads: 'It is unlawful for any person under 17 years old to enter this location without a (e) A licensee of a Class E dance hall commits parent or guardian.' (Ord.Nos. 15721; 18803;21184) an offense if he maintains the premises without posting a sign at each entrance to the dance hall that reads: 'It is unlawful for any person under 14 yea a old to enter this location without a parent or guar Was City Cods 8 8/95 M -- • - Dail -AS TX . (amcndm 23137 . t - • Ghiel Of , .: A;; mate disuia =-Q-ked hai; the Fight to appeal to the state distrial c_Q appeal &Q the r----- SEC. 14-13. TRANSFER OF LICE SE OR LATE-HOURS PERMIT. A licensee shall not transfer a license or late-hours permit to another, nor shall a licensee operate a dance hall under,,��fie authority of a license, or a late-hours permit, at any place other than the add ressrdesignated in the application. SEC. 14-14. PENALTY. 7 Any person who violates any provision of this chapter, except Section 14-2.1 [eT- ' 4 L 2.2j, upon conviction' punishable by a fine not to exceed $500. Any person-who violates Section 14-2!1 [nr i� of this chapter, upon conviction, is punishable by a fine not to exceed/$2,000. • SEC. 14-15// INJUNCTION. A person who operates or causes to be operated a dance hall without a valid license or in violation of Section 14-2.1 (or-1.4-2.2 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations." SECTION 2. That Section 41 A-2, "Definitions," of CHAPTER 41 A, "SEXUALLY /ORIENTED BUSINESSES," of the Dallas City Code, as amended, is amended to read as follows: "SEC`7 41A-2. DEFINITIONS::: _Tt one eec 0,rr►er<.l,ryl a,*5 4Z} �! In this chapter: (-LOIZ;cL, -,5- �-_o-Z5 (1) ACHROMATIC means colorless or lacking in saturation or hue. The term includes but is not limited to grays tans and light earth tones. The term does not include white black or any bold coloration that attracts attention. 23 � 31 3 7 9717 � 1 u ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." QJ [k24] ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment that [whir#] as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: (A) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that [which depict or describe "specified sexual activities" or "specified anatomical areas"; or (B) instruments, devices, or paraphernalia that [whist}] are designed for use in connection with "specified sexual activities." P111 ADULT CABARET means a [ , OF s+�r-] commercial establish m en.t-.t.h at [ iGh regularly features the offering. to. customers of live entertainment that: (A) is intended to provide sexual stimulation or sexual gratification to such customers: and [ ; (B) is distinguished by or (live characterized by an emphasis on matter depicting, simulating, describing, or relating to ] "specified anatomical areas".or,[lays] "specified sexual activities° [; n n oF n "] L5 [{4}] ADULT MOTEL means a hotel, motel, or similar commercial establishment that jwhiGh : (A) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that [whir#] are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of_way that [whisky] advertises the availability of this adult type of photographic reproductions; or 24 2.3137 ' 17 • (B) offers a sleeping room for rent for a period of time that is less than 10 hours; or (C) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. LQ R&A ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form -of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that (wh44] are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." M 46A ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment that [w#iGh regularly features persons who appear in a state of nudity or live performances that [which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." (8) R741 CHIEF OF. POLICE means the chief of police of the city of Dallas or the chief's [#Es] designated agent. L1 CHILD-CARE FACILITY has the meaning given that term in the Dallas Development Code. • L!01 [k@}] ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 11 [k9A ESCORT AGENCY means a person or business association that (w#s] furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, o'r'other consideration. 12 [440A ESTABLISHMENT means and includes any of the following: (A) the opening or commencement of any sexually oriented business as a new business; (B) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (C) the addition of any sexually oriented business to any other existing sexually oriented business; or • 25 23137 97 1751 (D) the relocation of any sexually oriented business. 13 [44] HISTORIC DISTRICT means an historic overlay zoning district as defined in the Dallas Development Code, as amended. 14 ({- ] LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. 15 [43� ] NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. 16 [444] OPERATES OR CAUSES TO BE OPERATED means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business. [{; }] NUDITY or a STATE OF NUDITY means: (A) the appearance .of a human bare buttock, anus, male genitals, female genitals, or female breast; or (B) a state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola. L18 [44] PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity. . ... 19 [474] RESIDENTIAL DISTRICT means a single-family, duplex, townhouse, multiple family, or mobile home zoning district as defined in the Dallas Development Code. 20I [{-#q RESIDENTIAL USE means a single family, duplex, multiple family, or "mobile home park, mobile home subdivision, and campground" use as defined in the Dallas Development Code. i 26 23137 971751 21 ({241 SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (A) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (B) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity jQF semi-Rude]. 22 [{24] SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. 23 SIGN means any display, design pictorial or other representation that is: LAB constructed, placed. attached, painted, erected fastened or manufactured in any manner whatsoever so that it is visible from the outside-of a sexually oriented business: and used to seek- the attraction of the public to any goods services, or merchandise availaole at the sexually oriented business The term "sign" also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated. 24 [{ }J SPECIFIED ANATOMICAL AREAS means: any of the following, or any combination of the following, when less than completely and opaquely covered: jib any human genitals, pubic region or pubic hair ii any buttock: or iii any portion of the female breast or breasts that is situated below a point immediately above the top of the areola• or L human male genitals in a discernibly erect state, even if completely and opaquely covered (Gf sexual aFowsal . • 27 t 23137 971751 (25) [{4}] SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: S (A) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (B) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (C) masturbation, actual or simulated; or (D) excretory functions as part of or in connection with any of the activities set forth in Paragraphs (A) through (C) of this subsection tea]. 261 [4244] SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on June 18, 1986. 27 j{ S}] TRANSFER OF OWNERSHIP OR CONTROL of a sexually. . f oriented business means and includes any of the following: - (A) the sale, lease, or sublease of the business; (B) the transfer of securities that [which] constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (C) the establishment of a trust, gift, or other similar legal device that Ems] transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control." . SECTION 3. That Section 41 A-13, "Location of Sexually Oriented Businesses," of CHAPTER 41A, "SEXUALLY ORIENTED BUSINESSES," of the Dallas City Code, as amended, is amended to read as follows: "SEC. 41A-13. LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of: (1) a church; • 28 23137 97 1751 (2) a public or private elementary or secondary school; (3) a boundary-of a residential or historic district as defined in this chapter; (4) a public park; (5) the property line of a lot devoted to a residential use as defined in this chapter; [e;:J (6) a hospital. or LD a child-care facility. (b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business. (c) A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion of a building or structure [theree€J, or the increase of floor area of any sexually oriented business in any building, structure, or portion of a- building or structure [#;e;eQ€ containing-another sexually oriented business. (d) For the purposes of Subsection (a), measurement must [s4a4] be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure, used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, [ef] hospital, or child-care facility or to the nearest boundary of an affected publiq.park, residential district, historic district, or residential lot. (e) For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses must (shall) be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (f) Any sexually oriented business lawfully operating on May 28. 1997 {ems that is in violation of Subsections (a), (b), or (c) of this section is [shall he deemed) a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six months [ ], unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use may Es-s#a ] not be increased, enlarged, extended+ or altered] except that the use may be changed to a conforming use. If two or more sexually • 29 .2 1 97J1751 oriented businesses are within 1 ,000 feet of one another and otherwise in a permissible location, the sexually oriented business that [44iGN was first established and continually operating at a particular location is the conforming use and the later- established business(es) is nonconforming. (g) An owner of a nonconforming sexually oriented business who cannot recoup actual investments in the use by November 29. 1997 may request an extension of the compliance date from the board of adjustment under Section 51 A-4.704(a)(1)(B1 of the Dallas Develooment Code. The request must be in writing and filed with the city building_official on or before October 29, 1997. No aoplication for an extension that is received by the building official after October 29. 1997 may be considered. The board of adjustment shall conduct a hearing on the request for extension in accordance with applicable procedures set forth in Section 51 A-4.703 of the Dallas Development Code. If the board of adjustment determines that the owner of the nonconforming sexually oriented business cannot recoup actual investments in the use by November 29 1997 it may by written order provide a new compliance date to the owner in accordance with Section 51 A-4.704(a)(1)(B) of the Dallas Development Code Any extension granted by the board of adjustment must specify a date certain for closure of the sexually oriented business and is not valid for operation of the business at any other location. Ll The board of adjustmerifs. decision on a request for an extended compliance date is final unless appealed to the district court within 10 days in accordance with Chapter 211 of the Texas Local Government Code. @ A sexually oriented business that remains in operation pursuant to an extension granted under this section is not considered as having a license for purposes of measuring distances between a sexually oriented business and a church. a public or private elementary or secondary school, a boundary of a residential or historic district a public park the property line of a lot devoted to a residential use. a hospital a child-care facility, or another sexually oriented business, as required in Section 41 A-13. M A sexually oriented business fully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, [4aq hospital, or child-care facility within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked." 30 • _ 31 37 97 1751 SECTION 4. That CHAPTER 41 A, "SEXUALLY ORIENTED BUSINESSES," of the Dallas CityCode, as amended, is amended b adding Section 41 A-14.1, entitled Y "Exterior Portions of Sexually Oriented Businesses," to read as follows: "SEC. 41 A-14.1. EXTERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES. (aa) An owner or operator of a sexually oriented business commits an offense if he allows: M the merchandise or activities of the establishment to be visible from any point outside the establishment: fQ the exterior portions of the establishment to have flashing lights. or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by this chapter: or (31 the exterior portions of the establishment to be painted any color other than a single achromatic color, except that this paragraph does not apply to an -establishment if the following.conditions are:met: _. • (ffi the establishment is a part of a commercial multi-unit center: and LM the exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the establishment, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center. (b) Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business. (c) The exterior of any sexually oriented business lawfully operating on May 28 1997 is not reguired to comply with Subsections (a)(2) and (a)(3) of this section until alterations repairs remodeling and repainting that cumulatively affect more than 50 percent of the exterior are performed on the sexually oriented business during any 12-month period." 31 2' 3 1 3 7 971751 SECTION 5. That CHAPTER 41A, "SEXUALLY ORIENTED BUSINESSES,' of the Dallas City Code, as amended, is amended by adding Section 41 A-14.2, entitled "Sign Requirements," to read as follows: "SEC. 41A-14.2. SIGN REQUIREMENTS. Lal Notwithstanding any provision of the Dallas Development Code or any other city ordinance, code, or regulation to the contrary. the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any sign for the establishment other than one primary sign and one secondary sign, as provided in this section. u A primary sign may have no more than two display surfaces. Each displace surface must: u not contain any flashing lights: be a flat plane, rectangular in shape: 3 L� not exceed 75 square feet-in area: and not exceed 10 feet in height or 10 feet in leagth. (c1 A secondary sign may have only one display surface. The display surface must: not contain any flashing lights: (22) be a flat plane, rectangular in shape: L31 not exceed 20 square feet in area: not exceed five feet in height or four feet in width: and LQ be affixed or attached to a wall or door of the establishment. M A primary or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations of any manner, and may contain only: 32 7 ? 1 3 7 971751 L1 the name of the establishment: and/or 2 Ll one or more of the followinghrases:o fAl "Adult arcade." "Adult bookstore or adult video store." jQ "Adult cabaret." LM "Adult motel." (E) "Adult motion picture theater." u "Adult theater." "Escort agency." LHZ "Nude model studio." i "Sexual encounter center." • jet A primary sign for an adult motion picture theater may contain the phrase. "Movie Titles Posted on Premises." in addition to the phrases listed in Subsection (d)(2) of this section. M Each letter forming a word on a primary or seconda[/ sign must be of a solid color, and each letter must be the same print-type, size, and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color. Lcjj Notwithstanding the sign requirements of this section and Section 41A- 141 , any sign lawfully existing on the premises of a lawfully operating sexually oriented business on May 28, 1997 may continue to be maintained on the premises. until: (11) the sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business: or 33 231 3 T 97 17 5. 0 the city requires removal, relocation. or reconstruction of the sign in accordance with applicable state law." SECTION 6. That Section 41A-16, "Additional Regulations for Nude Model Studios," of CHAPTER 41A, "SEXUALLY ORIENTED BUSINESSES," of the Dallas City Code, as amended, is amended to read as follows: "SEC. 41A-16. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. (a) A nude model studio shall not employ any person under the age of 18 years. (b) A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. ( ) A e commits an offense"if he appears in a state of nudity or- knowingly person knowingly allows another to appear in -a state of nudity in an area of a nude model • studio premises that J can be viewed from the public right of way. (d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. Lej An employee of a nude model studio, while exposing any specified anatomical areas commits an offense if the employee touches a customer or the clothing of a customer. fLZ A customer at a nude model studio commits an offense if he touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee. LW A licensee or an employee of a nude model studio commits an offense_if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excludinq_a restroom." 34 . 231 3 .7 97 1751 SECTION 7. That CHAPTER 41A. ",SEXUALLY ORIENTED BUSINESSES," of the Dallas City Code, as amended, is amended by adding Section 41 A-18.1, entitled "Additional Regulations for Adult Cabarets," to read as follows: "SEC. 41A-18.1. ADDITIONAL REGULATIONS FOR ADULT CABARETS. (a) An employee of an adult cabaret while exposing any specified anatomical areas, commits an offense if the employee touches a customer or the clothing of a customer. u A customer at an adult cabaret commits an offense if he touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee. Lc.Z A licensee or an employee of an adult cabaret commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area excluding a restroom." SECTION 8. That a person violatiri a ovision of this ordinance governing P . . .9 . Pf 9 9 • locational restrictions of a dance hall or sexually oriented business, upon conviction, is punishable by a fine not to exceed $2,000, and a person violating any other provision of this ordinance, upon conviction, is punishable by a fine not to exceed $500. SECTION 9. That CHAPTERS 14 and -41A .--of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 10. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. • 35 971751 ? 3 1 � 7 SECTION 11. That this ordinance will take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: SAM A. LINDSAY, City Attorney By - Assistant City Attorney � Passed MAY 2 8 1997 LC/DCC/00125A i 36 e ` City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-130 PROJECT: Ordinance No. 480-294/Second Reading/ Rezoning and Concept Plan -Harris Methodist Southlake STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581; ext. 787 Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as a portion of Lot 1, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County,Texas,according to the plat recorded in Volume 388- 156, Page 12, Plat Records, Tarrant County, Texas, and being approximately 6.0 acres. A Concept Plan for Harris Methodist Southlake will be considered with this request. PURPOSE: Zoning and Concept Plan approval required for development. LOCATION: On the south side of East Southlake Boulevard (F.M. 1709) approximately 550'west of Miron Drive. OWNER: Harris Methodist HEB APPLICANT: PageSoutherlandPage CURRENT ZONING: "0-1" Office District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with"0-1" Office District uses and the "C-2" Local Retail Commercial District use of ambulatory surgery, imaging center, and associated services. LAND USE CATEGORY: Office Commercial NO.NOTICES SENT: Seven(7) RESPONSES: One (1)response was received within the 200' notification area: • Martin Schelling, 601 W. Wall, Grapevine, TX, in favor. "I believe its a good use for the property and will be a positive addition to the City of Southlake. (Received November 30, 1998). 9A-1 City of Southlake, Texas P&Z ACTION: November 19, 1998;Approved(7-0)at the applicant's request to table and to continue the Public Hearing to the December 3, 1998,Planning and Zoning Commission meeting. December 3, 1998;Approved(6-1)the applicant's request to table to the December 17, 1998, Planning and Zoning Commission meeting and placing this item on the consent agenda. (The Public Hearing was closed.) December 17, 1998;Approved(7-0)subject to Concept Plan Review Summary No. 2, dated December 11, 1998, stipulating there would be no overnight stay allowed; accepting the parking ratios as proposed; and listing the requested zoning as "S-P-2" Generalized Site Plan District with"0-1" Office District uses and the "C-2" Local Retail Commercial District use ("C-3"as stated in the meeting was incorrect) of ambulatory surgery, imaging center, and associated services. COUNCIL ACTION: January 5, 1999; Approved (7-0) First Reading, subject to the Concept Plan Review Summary No. 3,dated December 31, 1998,per P&Z's recommendations,allowing the parking ratio..(1:200)as shown and requiring that either all building construction occur within the building envelope as shown and that all parking lot construction occur within the parking envelopes as shown or that the site be rezoned. STAFF COMMENTS: The applicant has met all requirements in Concept Plan Review Summary No. 1, dated November 25, 1998, Concept Plan Review Summary No. 2, dated December 11, 1998, Concept Plan Review Summary No. 3, dated December 31, 1998, with the exception of those in Concept Plan Review Summary No. 4, dated January 15, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-130ZC.WPD 1 � I • / �� 1 11I IL �UL -� �� r,m� � ••11`��■ 1 � 1 I ■■AMEN AC T.MAHA! SURVEY A-111; INS �;■■■.� - - � ice`--� ■ _ EPA wry � `� �� • � � ' ice /�QI�i1■ : ii��►�-, . �_ -.-�■■! /■��..�i�■ `�I.ir:6"■� r -SOUTHLME C, PETERKA VENTURE EAST, R. EA, SURVEY TR 2A SUR1 A-481 L.P. "NR PUD" 4- 0 - 46.018 ACA-4 STATE OF T STATE OF TEXAS .85 'SP-2 2A 1.522 AC P. M. DALTON E. TAYLOR BURTON "O-1 1t VAN 'A "SP-2 1A M. SCHELLING AC .622 4R f�� 4.823 0 M "SP-2" 262�5 CITY OF SMOCK & HUSSEINI, J.V. FRE BMAN SOUTHLAKE 3R5 EY 1 .50 Q x .924 c R 'Ics 1 l�l\J 14/ 137 lit 161 tea 7/ 1/ 133 t Its tt/- 21 7 8 Y 9 t0 _ _ .+ - d 11/ 11/ Il/ `i M " " Id3 103 103 ' WESTMONT CT i ,as 41 71 117 117 117 -i /, Y no 120 In lag 13• 33 32 31 8 30f(� �29 g 28 .4 7 E 8 s 9 10 11 _ $ Al� 34 6 b A 17/ + ,17 117 117 0 107 10 14_ la 11 to to : It UD 120 i z E .�� .. 0 Q 3: j� ••' 2 14 13 12 P K 37 38 39 �_ 40 41 '3 15 36 16 t 1. 1 Im ADJACENT OWNERS FOREST HILLS CT 17 a 7-6 a It3 IU ,� AND ZONING .. f'�58T �7 .J;j � 56 �K`1 i 53 0 = 49 =� 52 - - 48 3 City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 98-130 Review No: Four Date of Review.01/15N9 Project Name: Concept Plan, Harris Methodist Southlake, being approx. 6 acres in the J. A. Freeman Survey. Abstract No. 529. and a portion of Lot 1. Block 1. Gorbutt Addition APPLICANT: ENGINEER: Harris Methodist HEB Page Southerland Page 1600 Hospital Parkway 3500 Maple Avenue, STE 700 Bedford. TX 76022 Dallas. TX 76022 Phone: (817) 6854600 Phone:(214) 522-3900 Fax: (817) 685-4890 Attn: Jack McCabe Fax: (214) 522-4380 Attn: Ernesto Liebrecht CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 0 1/11/ 9 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 EDWARD MCROY AT(817)481-5581,EXT.880. ZZZOMM 1. The zoning Ordinance requires eight parking spaces to be provided for the first 1,000 square feet of floor area and an additional space for each 150 square feet of floor area thereafter. The applicant has proposed a parking ratio of 1 parking space per 200 square feet of buildingxfloor area. (P&ZAction 12117198-Allow parking as shown) 2. Change label on the adjacent cul-de-sac to reflect a dedicated right-of-way rather than a temporary turn around easement.Delete the note regarding"unpaved". The extent of pavement construction will be determined at the time of the developer's agreement approval. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * 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 site plan must be approved by the Planning and Zoning Commission and City Council,and a fully corrected site plan submitted to the Building Department along with landscape plan, irrigation plan,building plans,and all required fees. Required fees may include but not be limited to the following fees: Park Fee,Impact Fees,Tap Fees, and related Permit Fees. * This review is based on the "0-1" Zoning District Regulations. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation (required on the north, east, south, and west building facades)per§43.9C l e, Ordinance 480,as amended. City of Southlake,=Texas • Masonry requirements per§43.9C1a,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior.landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill-over lighting and noise per§43.12, Ordinance 480,as amended. • Off-street parking requirements per§35, Ordinance 480,as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480,as amended. - • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment Fc: Harris Methodist HEB VIA FAX ABOVE Page Southerland Page VIA FAX ABOVE Wier&Associates VIA FAX(817)467-7713 Attn: John Wier L:\COMDEV\WP-FILES\REV\98\98130CP4.WPD IA-6 City of Southlake,Texas TREE PRESERVATION ANALYSIS (Non-Residential Development) Case No: ZA 98-130 evision) Date of Review: 12 - 11 - 98 Number of Pages: Project Name: Harris Methodist Southlake(Concept Plan Revision/Resubmittal) APPLICANT: ENGINEERS/PLANNERS: Harris Methodist HEB Page, Southerland and Page 1600 Hospital Parkway 3500 Maple Avenue Bedford, TX Dallas,TX 75219 Phone: (817) 685-4000 Phone: (214) 522-3900 Fax: (817) 685-4890 Fax: (214) 522-4380 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: By deleting the extra parking spaces in the southwest portion of the future parking lot the applicant has provided a more sufficient area to provided for existing trees. This area may also be used to provided a park like area. Grading is still an issue. If the trees in this area are intended to be preserved no grade changes can occur within the area. The larger area helps reduce the possibility of having to construct retention walls to provide for the area. * All area within Public R.O.W.,public utility or drainage easements as shown on an approved Final Plat, and the fire lanes,required parking areas and areas 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 protected trees within 20' of any construction occurring shall be fenced of at the outer limits of the dripline of the tree/s.No vehicle traffic and no grade changes shall occur within area of the critical root zone of any protected tree.No construction equipment or debris shall be deposited within the area of the critical root zone of any protected tree. * 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 methods required by the Tree Preservation Ordinance 585-A. 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OP �� i{---�'• t�±s__ \�i`+� `.- -! i.P.�y _�< +�yy .y: ~\_'<R 7-:C3+_1 •L -��+ 1 '- r �+�;•` �, ,�;_-___�'� _\'i i cc a j{ .J 0 _ \f+ r Rs.' ' ,+ d •`!"t n i Z\ < -I.�`•'^ T• `- ,*L- ti' <i •�y ;W • ��a'! � i--�li--- r��<�'---�I a � "-S -`~�<� `_ I' J` 1 i i,grj/, t t . •a. ��p� t �• •`�<�` <;._r .�L' ---E_---_;;'-•,�•i-_Z_:+ �ti`--,��j�t , x •.J,yr.,r�, '�,rr ; - • -•.� -�.�' y,,i i;••ll°"�'ice`-'ti__{�;---�'D'r ,�' q ++j ..+�'� 1{+�''+ <_� '•/- l`\ I� <Yen /� i'•�{'�'/� j• 7�..�+A r'��I"r'J.�tt4-�•:+ ��`'M"'�+�•d�••��, -+y-�`{''-��``•_�`---s-;i :u•e .-,:..•oo;N s_ Ilot�va a• 7M I yaiiva•I•w F mill s oW- ��f as:t.t.iC.t :l;ifi 1I,I,t • 3 Oma•sv ■.03M CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-294 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 A PORTION OF LOT 1, BLOCK 1, GORBUTT ADDITION,AN ADDITION TO THE CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT RECORDED IN VOLUME 388-156,PAGE 12, PLAT RECORDS,TARRANT COUNTY,TEXAS,AND BEING APPROXIMATELY 6.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND THE "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USE OF AMBULATORY SURGERY, IMAGING CENTER, AND ASSOCIATED SERVICES AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND (awl 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 L%Cr17D0M0RD\CASFS\48Q294.WPD Page 1 7A- 11 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 "0-1" Office 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, LACMDOMORMCASFSW O-294.WM Page 2 n n q 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. L:\CITYDOCS\ORD\CASES\484294.WPD Page 3 gyp- �3 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Lot 1, Block 1, Gorbutt Addition, an addition to the City of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-156, Page 12, Plat Records, Tarrant County, Texas, and being approximately 6.0 acres, and more fully and completely described in Exhibit "A" from "O-1" Office District to "S-P-2" Generalized Site Plan District with"O-1" Office District uses and the"C- 2" Local Retail Commercial District use of ambulatory surgery, imaging center,and associated services as depicted on the approved Concept 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. LA YDOCSNORDTASEYAW294.WPD Page 4 uI 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. L:\CITYDOCS\ORD\CASES\480-294.W PD Page 5 �A- 15 Q-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 L:\CITYDOCSkORDNCASESN480-294.WPD Page 6 7A-I(c as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. (aw, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: LAWYMMORDTASM80.294.WPD Page 7 I/H r C., EXHIBIT "B" uj J Z M Z O H 11— �� 'z 1 e I • V aVol =R�w 34 o� < u p om I j Zpgy( ty} / O "N OY^'I�� N` p G u uu i � S j! 3: < �y�I 1 < � I -� �� iil{r flirt! � �i �f�'•-� - •� i pa�l__�' 3: _ ups.`-� '" I t •II y Il�il I _F _ a• -___ \ ti Y •• m 1 = •b as-�R < .•r. <iT — ."bk4 CA rtz— i! .rO.P�4i 3'l1IO � I SNO"W*37Mb000S NVId 1d33NO3 03•AOtmdv •.:i::.is s aa 1' s•}gtE s l 3 • It .!j- 1 -. =' sue ? s • ii J�•� W J #• s#41 s I fit! �a.�[y�•i �� :Itt �saRR}� S,�j�i}: }_. ?� �Y� _ •�. s; 36 ?�11••�a g} ;si € i=• � s.;�; ;S `� ' > 3 'a a?}i;# It, �•# ' i L:\Cn YDOCS%ORD%CASEs%480.294.WPD Page 9 EXHIBIT "A" A portion of Lot 1,Block 1,Gorbutt Addition,an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Volume 388-156, Page 12, Plat Records, Tarrant County, Texas, and being approximately 6.0 acres. L:\CITYDOCS\ORD\CASF_S\4W294.W PD Page g EXHIBIT "C" This page reserved for the approved City Council motion for this case. L:ICRYDOCS%ORD\CASFS1184294.WPD Page 10 1 City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-116 PROJECT: Ordinance No. 480-295/Second Reading/ Rezoning-Lots 3R1,3R2. and 3R3,Block 1 Steward Addition STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Lot 3, Block 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant County, Texas, and being approximately 4.2739 acres. PURPOSE: Zoning required for platting and development. LOCATION: Approximately 50' east of Ridgecrest Drive and approximately 220' south of East Dove Street. OWNERS: F.L. Bailey,Russell H. Oxner, and Gaylen Bailey APPLICANT: Milo Choate CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential and 65 LDN Overlay Corridor NO. NOTICES SENT: Seven(7) RESPONSES: Three (3)responses were received within the 200' notification area: • Gaylon F. Bailey, 465 E. Dove Rd., Southlake, Texas, in favor, (Received October 27, 1998). • Scott F. Martin, 591 E Dove Rd.., Southlake, Texas, in favor, (Received October 30, 1998). • Preston G. Stone, 565 E. Dove Rd., Southlake, Texas, opposed. "1. Increased traffic on the one lane road bordering my property. 2. We have no intention of selling or relinquishing land needed to widen said road. 3. Area cannot handle any more sewage absorption during rainy season and will drain past our property to drainage ditch on Dove Rd.. 4. Why does someone want to build City of Southlake, Texas in glide path of D.F.W.? 5.Access should be provided by former Calicott Property for any development on that land." (Received November 5, 1998). P&Z ACTION: November 5, 1998;Approved(7-0)at the applicant's request to table and to continue the Public Hearing to the November 19, 1998, Planning and Zoning Commission meeting. November 19, 1998; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the December 3, 1998, Planning and Zoning Commission meeting. December 3, 1998;Due to Case Resolution No. 97-22, this case was not heard and was continued to December 17, 1998. December 17, 1998; Approved(7-0). COUNCIL ACTION: January 5, 1999; Approved(6-0-1)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. L:\COMDEV\WP-FILES\MEMO\98CASES\98-116Z.WPD •r , r .. 7 •'�v N e i HIM A.CHIYTRS i 1 • �� SURVEY •• ,AI;y In�� ;. IE23 111 Ic w ■ NO ,. . 1 r. Sao G1-10-0 NIV t J• SCR p �= _ ".2 .. �302e � I TR 2E 2.8 A 131 I i I TR 1 H ' TR 1 A 1.19 AC 8.0 AC I TR 1 I 1 i I569 1.46 Q / AC TR 1A1 I 2.-0 AC TR 1 / I 1 .15 AC � I P. STONE w 11 �7„ TR G. BAILEY Z TR 1B1 1B3A ' .0 AC 0 1 .0 AC .46 AC "AG" n: S. HEITMAN 3C 1 .3 'AC 2 1 .026 S_ MCCAMBRIDGE TR 1838 - �TP WAO 2.57 AC K. RHODES S. MARTIN Jzis L C` SAARTIN TR 1A 1.00 � 8.0 AC 7 @'AG vl - / 1 r a ' 8.066 Q C. ESTES oTT/ VA NN LLI C A R s 1M u 1� Ko1)E ri l' S 2 ADJACENT OWNERS AND ZONING 2 z 4.892 Q CITY OF SOUTHLAKE TEXAS ORDINANCE NO. 480-295 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 1, STEWARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-159, PAGE 40, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 4.2739 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 5 LACMDOMORDWASESIA80-295.WD el to amend said ordinance and map for theP se of promoting the ublic-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 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 LACMDOMORDTASFSW30- 1.WPD Page 2 s 3- - view to conserve the value of the buildings and encourage the most buildings, g 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 (aloe 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: 1 L:%CITYDOCS\ORD\CASFSW80L295.WPD Page 3 C." 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 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant County, Texas, and being approximately 4.2739 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 LACITYDOCSIORDTASEM&1-295.WPD 0A 8 Page 4 ltg- congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. L:\CITYDOCSIORD1CASESW80.295.WPD Page 5 q 8A I (awl 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 L01 this ordinance provides for the imposition of an p p y 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. L L:%CITYDOCS\ORD\CASFS14W295.WPD Page 6 PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L%CITYD0 CSI0 RD%CASFS%4W295.WPD /�a _ Page 7 EXHIBIT "A" Lot 3, Block 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant County, Texas, and being approximately 4.2739 acres. L.\CrrYDOCS\ORD\CASES\480-295.WPD page 8 City of Southlake, Texas -- I STAFF REPORT January 15, 1999 CASE NO: ZA 98-1-50 PROJECT: Ordinance No. 480-296 / Second Readina/ Rezoning - Lots 5. 6, and 7. A. A. Freeman No 522 Addition STAFF CONTACT: Karen P. Gandv. Zonina Administrator, 481-5581. ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being Tracts 2C 1 and 2C 1 D 1 situated in the A.A. Freeman Survey, Abstract No. 522. and being approximately 6.967 acres. PURPOSE: Purpose of this request is to rezone the property to accommodate home construction. I LOCATION: Between North Peytonville Avenue and Southridge Lakes Parkway across from the intersection of Southridge Lakes Parkway and Travis Court. 1 OwN1ER/APPLICANT: Fred Joyce I � CURRENT ZONING: "AG" Aaricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: 'Medium Densitv Residential NO. NOTICES SENT: Twenty-six (26) RESPONSES: Three (3) response was received within the 200' notification area: • Gene-111Iarie Sperduti, 770 N. Peytonville Ave, Southlake, TX. in favor (Received December 9, 1998). • Gregory D. Ballein, 602 Concho Ct., Southlake, TX, in favor. See attached letter. (Received December 17, 1998). • Robert and Jeannine Polaski, 1706 Pecos Drive, Southlake, THY. undecided. See attached letter. (Received December 17, 1998). 1 P&Z ACTION: December 17, 1998; Approved (5-1-1). COUNCIL ACTION: January 5, 1999; Approved (7-0) First Reading on consent. I i i t City of Southlake, Texas -- STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff L:,CO�%IDE�"k�P-FILES`,,%IE,%tO\98C'ASES 98-1�OZ.WPD i I I i � I I I i I i I i i I i I I I I i I I i i I I I i i I i I i 'II I I i I December 1 1998 Ciro of Sout:Llake Planninz and Zonin; Commission 667 North Carroll A%enue Southlake, Texas 76092 Dear Sir: I am in agreement with the proposed zoning change and plat showing for Tracts 2C 1, 2C I D I and Lots 5, 6 and 7. This information was secured from the two documents sent to me by this commission. Let me say however, that my agreement is based on the plan to have 3 lots on this property (Bordering North Peytonville and Southrigde Lakes Parkwav across from the intersection of Southridge Lakes Parkway and Travis Ct.) and that it not be further subdivided. I have also attached the letter that Mr. Dan Light, the President of D' Lightful Homes, Inc. circulated to the homeowners in this area that indicates his plan for the area as well. Should you have any additional questions please do not hesitate to contact me. Best regards. Gre,Ballein Enclosure RECD DEC �� 17 1998 . I(-- � c 1206 Brazos Drive Southlake, TX 76092-6021 office (817) 481-7717 home (817) .481-7654 November ? 1, :79S Gregory & Valarie Ballein 602 Concho Ct Southlake, TX 76092-5927 Dear Gregory & Valarie, We have purchased the undeveloped, wooded tract of land that fronts South Ridge Lakes Parkway: We are buying 3.25 wooded acres of the 6.967 total owned by Fred Joyce and shown in the attached survey. If we were developers solely interested in maximizing return on investment, we would have >ubdivided this property into lots comparable in size to those, which it adjoins. As you can see, we ow,will have only tryo lots, each having 1.63 acres. Fred Joyce is retaining the remaining 3.717 and has indicated that he will be building his personal home on that property. His driveway will exit on Peyton,,ille. ki an effort to preserve the character of the wooded area that we have purchased, the entry for my two hor e sites will be a common access, single entry drive entering off South Ridge Lakes Parkway. Keith Martin, t e Landscape :administrator with the city, and I have walked the land. Many trees died because vines built a canopy over them. The resulting stress led to a fatal fungus called hypoxylon, the gray slime on the dead trunks. Now, when the sap is falling in the healthy trees, is an ideal time to remove the dead trees and take the vines out of the remaining trees. We are going to start Friday and hope to have the work completed by Monday. For those who do not know me, I have been building custom homes in our community for twenty years. We built our personal home at 1206 Brazos in South Ridge Lakes in 1991. I want to be a zood neighbor, and look forward to working with you and the other homeowners. If you have any questions or concerns, please do not hesitate to call me. Sincerely Yours, Loan R. Light, President RECp D E C 17 1998 enclosure i5C, �. /)/ ember 16. 1998 To Solthlake Zoning* and Planning_ Commission Subject: Property Adjacent to Southridge Lakes Parkway We are unable to attend the commission meeting scheduled for December 17th due to the diddle School Band Concert but would like to voice some concerns regarding the above mentioned property. We live at 1706 Pecos Drive adjacent to the property. We have concerns that the development might have an adverse impact on drainage and therefore our landscaping. We would ask that the developer be fully liable for any impact to our property. We would also request that the developer be required to maintain as many of the trees on the afore mentioned property as possible and.'or replace any trees removed with similar type trees. We would like to ensure that the access into the newly developed property- not be adjacent to any Ltang homeowners property. This is in line with the plans that were provided to us by the eloper in November T nk you for y r c nsideration. / 4obert and Jeannine Polaski 706 Pecos Drive Southlake, TX 76092. DEC 171998 �}C -7 "fir- ■ ; . t I� �• � � � ,��■III/�■��■■■„ � ; ��a �n ■rI• alp . : � �. � =� �� .� � � •fir�� ,:, :fir ■ -:�=.ri:;,-:� ,t3 TR.261 12R 13 14 1/91 Ac Z EEC N 11R = SAN AUGUSTINE CT 1 "' C TR.284 �j R n s, � 12 i' 1.63 Ac a A 1 2 2 Ay ,9R A 5 t• 180 N o E� 1t. — ZM tat 131 11 �g V �5R 6 a 7 "SFa,20A' 1.438Ac ., "SF 20A" �y Q tat 1>o w Z "' aW E. NELSON a BOWIE CT ►-7 1 R , 11. J Z 8.466 ® v m �L G.SP `—'WTI K. LEDBETTER G.SMILEY MANNING ING W. COOK 5; `• W z N "SF-1 A" 2% w J Y TR2C1D1A w i Lu o ® TR. G.JOYCE 3.104 0 � ,a co Z' W L.STOKDYK z u z w s z w 7^1 E. BOUMA w w w V QQ R. POLASKI T.JUMPER i O J Lu Z 2 C W Y R I �� U. J O q F a Z 8 R co -c .1210 m _ Y J C.WOOLLEN w am ' pECOS DR CRAWFO s R � D.ANDERS CONCHO CT ,t. a 1. -- as ,� -SF-20A" ;� ,� : 62 $ 88 87R 50 = �• 64 i p x 49 51 l' 71 a i 86 65 79 85 ADJACENT OWNERS ` 72 so a 70 ?I ,a 77 AND 70NiNG y 1" 1 73 84 p 67 2 jr 8 toll ,. g �O� 81 46 s 69 V� 2 74 �� s z 54 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-296 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 TRACTS 2C1 AND 2C1D1 SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO.522,AND BEING APPROXIMATELY 6.967 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 S 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 L:\CITYDOCS\ORD\CASES\480-296.WPD Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the Citv'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 Citv 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 Co' 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. - (a." L:\CITYDOCS\ORD\CASES\480-296.WPD _ Page 2 WHEREAS,the City Council of the City of S011thlake.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 tho 19th day of September, 1989, as originally adopted and amended, is hereby. L:\CITYDOCS\ORD\CASES\380-296.WPD Page 3 - amended so that the permitted uses in the hereinafter described areas be altered, chanced and amended as shown and described below: Being Tracts 2C 1 and 2C 1 D 1 situated in the A.A. Freeman Survey, Abstract No. 52_2, and being approximately 6.967 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 (mow, L:\CITYDOCS\ORD\CASES\480-296.WPD 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 (we 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 L:\CITYDOCS\ORD\CASES\480-296.WPD Page 5 zonin-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. tinder 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 , 1999. MAYOR ATTEST: CITY SECRETARY L:\CITYDOCS\ORD\CASES\480-296.WPD Page 6 PASSED AND APPROVED on the 2nd reading the day of 11999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITY DOCS\ORD\CASES\380-296.W PD Page 7 EXHIBIT "A" FIELD NOTES Description for a tract of land in the A. A. FREEMAN SURVEY, ABSTRACT NUMBER 522. City of Southlake. Tarrant County, Texas, and being a portion of a tract of land described in a deed to Fred Joyce and wife, Wanda J. Joyce. recorded in Volume 4937. Page 530, Deed Records. Tarrant County, Texas, together with a portion of a tract of land described in a deed to Fred Joyce, recorded in Volume 6807, Page 787, Deed Records, Tarrant County, Texas, and being described as one tract by metes and bounds as follows: BEGINNING at a 5/8" iron pin found in the west line of Southridge Lakes Parkway for the most easterly northeast corner of said tract described in Volume 4937, Page 530, and for the southeast corner of Lot 1, Block 5, SOUTHRIDGE LAKES, Phase VII, according to the Plat recorded in Cabinet A, Slide 1786, Plat Records, Tarrant County, Texas; THENCE South 00 degree 39 minutes 43 seconds West a distance of 148.09 feet along the west line of Southridge Lakes Parkway to an axle found for an angle point in the east line of said tract described in Volume 4937, Page 530; THENCE South 00 degree 07 minutes 24 seconds West a distance of 157.57 feet continuing along the west line of Southridge Lakes Parkway to an 1/2"iron pin found for the southeast corner of said tract described in Volume 4937, Page 530, and for the northeast corner of Lot 98, Block 3, SOUTHRIDGE LAKES, Phase VI, according to the Plat recorded in Cabinet A, Slide 1434, Plat Records, Tarrant County, Texas; THENCE South 89 degrees 16 minutes 33 seconds West a distance of 1,132.76 feet along the south line of said tract described in Volume 4937, Page 530, and along the south line of a said tract described in Volume 6807, Page 787, to a 5/8" iron pin found in the east line of Peytonville Road; THENCE North 07 degrees 01 minutes 00 seconds East a distance of 238.80 feet along the east line of Peytonville Road to a 5/8" iron pin found in the north line of said tract described in Volume 6807, Page 787; THENCE North 89 degrees 21 minutes 40 seconds East a distance of 540.06 feet to a 5/8" iron pin found for the northeast comer of said tract described in Volume 6807, Page 787, and in the west line of said tract described in Volume 4937, Page 530; THENCE North 01 degree 36 minutes 23 seconds East a distance of 70.22 feet along the west line of said tract described in Volume 4937, Page 530, to a 5/8" iron pin found with cap marked. "SEMPCO"for the southwest corner of Lot 3-R, Block 5, SOUTHRIDGE LAKES, Phase VII, according to the Plat recorded in Cabinet A, Slide 1931; THENCE North 89 degrees 18 minutes 56 seconds East a distance of 563.59 feet along the south line of said Block 5 to the POINT OF BEGINNING, said described tract containing 6.967 acres of land. L:\.COM DE V\W P-FI LES\ZBT\PEND I NG\480-296.W PD Page 8 1 L t City of_Southlak Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-141 PROJECT: Site Plan/Taco Bueno STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787 REQUESTED ACTION: Site Plan for Taco Bueno on property legally described as a portion of Tracts 2B and 2C,situated in the G.W.Main Survey,Abstract No. 1098,a portion of Tract 6, situated in the Samuel Freeman Survey, Abstract No. 525, and a portion of Tract 12A4A situated in the Thomas Easter Survey,Abstract No. 474, and being approximately 0.80 acres. PURPOSE: Site Plan approval required for permitting. LOCATION: On the south side of East Southlake Boulevard (F.M. 1709) approximately 150' east of the intersection of East Southlake Boulevard and South Kimball Avenue. OWNER/APPLICANT: Lawrence A. Cates &Associates CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial and 75 LDN Overlay Corridor NO. NOTICES SENT: Seven(7) RESPONSES: None P&Z ACTION: December 3, 1998; Approved(7-0)the applicant's request to table and to continue the Public Hearing to the January 7, 1999, Planning and Zoning Commission meeting. January 7, 1999; (4-2) subject to Site Plan Review summary No. 2, dated December 31, 1998, adding Item #8 stating the pitched roof requirement is not met and the applicant is providing sloped roof with a vertical wall (mansard-like) in order to accommodate ventilation; and requiring a new Tree Preservation Analysis to be completed prior to going to City Council and stating the applicant has represented he has met with the Landscape Administrator who agreed to the new landscaping as proposed. 7D. City of Southlake, Texas °lam. ._ �y` 1pA ricks - ✓'. ''m � �T F n��K ' STAFF COMMENTS: The applicant has met all'requirements listed in SA Plan Review Summary No. 1, dated November 25, 1998, and Site Plan Review Summary No. 2, dated December 31, 1998, with the exception of those in the attached Site Plan Review Summary No. 3, dated January 15, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-141 SP.MTD i i I E i Lo a I � WWEASTor ! o � r II i i ( I i I R IleLl ' I II MST IP� I i �c TRACT MAP �0-3 1A 1R3 P . 1235 C• CT iD �(�04 1 ti373ACA •62 AC 5.5009 C >R 3i4� z Y ., . E00 z • BLUEBONNET ROAD .4 CAVALLINO PROPERTIES, LTD. PARTNERS LTD. t "C_3" "C-3N- = r 1R1 ' K9 • P*�� W L' .89?e HL � P EL T RK _ O P I— �� • A TRACT U 1R zo B SOUTHLAKE TR 1E f 3A 2A CHURCH � KIMBALL' 08E - - VENTURE ' SOUTHLAKE OF CHRIST I LTD. KIMBALL 1709� ' nC-3" VENTURE LTD. OUR KING CS" I �. " s F. CANGELOSI I -R 18 "n—n" ,n GEOROE'!O N �! LL .26 AC Pam I H. CAR R � I � TR 181 I � TR 2 3 AC 1 .59 AC "AG" 1 ' TR 2A3C I 3.058 �+ ss 2.389 Ca TR 2A 1 5.73 AC . 1 I TR 2A ' 2.94 AC _ TR 2A3A ' TR 1 1.189 AC i ,a I 1 1 I 1 J � , ADJACENT OWNERS AND ZONING._ � J r � C � 1♦♦ • r•A r♦♦ . ♦♦♦♦ , J '�.♦: . � fir.j y y of'Southlake;Texas .".:ayrf .. , t No.: ZA 98-141 Review No: Three Date of Review: 1/15/99 Project Name: Site Plan-Taco Bueno on Lot 3. Block 1. Perry/Allen Addition APPLICANT: ARCHITECT: Taco Bueno La=A. Cates&Associates 3033 Kellway. Suite 122 14200 Midway Road. Suite 122 Carrollton.Texas 75006 Dallas.Texas 75244. Phone : (972)417-4800 Phone : 972)385-2272 Fax : (972)417-4831 Attn.Jeff Platt Fax :(972)980-1627 Attn.Dave Walls CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/05/99 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 CONTACfLISA SUDBURY AT(817)481-5581,EXT.862. * This property has residential adjacency from a 11SF-1A"zoned tract,approximately 157 south of the site. 1. The following changes are required regarding,landscaping:.. a. Verify the"provided"amount of interior landscape area and the.percentage of landscaping in the front and sides of the development,excluding the bufferyard areas. It appears there is approximately 5,900 square feet of interior landscaping area of which approximately 3,600 square feet or 332%has been provided at the front and sides of the building. b. Add the following note to the comment section of the Bufferyard and Interior Landscape Area Summary charts:A minimum of 50%of all canopy trees planted on the site shall be 2"in caliper and 50%must be 4"in caliper. 2. The following changes are needed regarding the elevations: a. A pitched roof is required over the entire building. The applicant proposes a pitched roof over the north and south ends with a mansard roof in between to accommodate mechanical/ventilation equipment. (P&ZAction 117199:Approve as shown, but noting the "mansard"roof is not in compliance with the ordinance) b. Revise the labeling on the roofs to distinguish the proposed mansard roof from the fully- enclosed,pitched roof construction.NOTE: Dashed lines indicate the interior of the mansard roof,where equipment may be mounted. X OAR �'Sii-3. �- � •+ A'i, Fir 'f` `Crt k.,.�Y y'x ' ?ri.� �w�'4 wP F`^'' x ) 4 Rj +}�r '�� i _ � Y C a F a $� ry ` City of Southlake;Texas �r4 Y'W. aiF x r"F: i,� r K f, Action Jan 7,'1999;Approve (4 2)subject tdSite Plan Review December 31, 1998, as noted above and with the ollowm moth cations • requiring a new Tree Preservation`Analysis be provided prior to going to City` Council, and noting the applicant represented he met with the Landscape Administrator who agreed to the new landscaping as proposed. * The proposed building is in compliance with articulation requirements. * As proposed,driveways comply with the stacking depth and spacing locations approved on the concept plan.No trail is required on this side of F.M. 1709. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 75%for the"C-3" Zoning District. The impervious coverage area percentage of this is approximately 72%. * Insure trash enclosure is accessible for Trinity Waste Systems. * Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications approved by the City Building Official. * 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 75 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, 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: Larry A. Cates&Associates,Inc. Taco Bueno MPI Architects 972 788-0082 Southlalte Kimball Venture,Ltd: @ 11300 N. Central Expwy , S77.7 uite 407,Dallas,Texa'.s 75243 T ICOI�IDEV\WP FIL.ES�REW8\98141SP3.WPD70 ;" .:. • "` � t rF45 �g 1.. i r wyy9,,'`� ` f sir +`e_ ,.'0"N,`3', _ qT„ .ic•.h- k F':uT i' hM ✓ t 'f � : '..". City of.Southlake, Texas It TREE-PRESERVATION ANALYSIS (Non-Residential Development) Case No: ZA 98-141 Date of Review: 1 - 14-99 Number of Pages: 1 Project Name: Taco Bueno(Site Plan) APPLICANT: ENGINEERS/PLANNERS: Southlake Kimball Venture,Ltd. Lawrence A, Cates&Assoc.,Inc. 11300 N. Central Exp. Ste. 407 14200 Midway Rd., Ste. 122 Dallas,TX 75243 Dallas,TX 75244 Phone: (214)696-5270 Phone: (972)385-2272 Fax: - Fax: (972)980-1627 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: i The Site Plan does not show the trees along the east bufferyard to remain. It also does not reflect any mitigation to be provided for their removal. 2. 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. If any grade changes occur within the area of the critical root zone of the existing trees mitigation will be necessary to replace the trees. Please provide an additional Tree Mitigation Chart on the Site Plan which meets the tree mitigation requirements of the Tree Preservation Ordinance 585-A. * In the event that it is necessary to remove or mitigate a protected tree, a sufficient number of trees shall be planted to equal or exceed,in caliper,the diameter of each tree removed. Replacement trees shall be a minimum of 3"caliper(at 1' above ground)and seven feet(T)in height when planted. - BUILDING INSPECTIONS M Lstrees/dre-98/98-141r3 . Y,` ..`613-, ...�. ,.,. r.�,�. -3'� ..` ,�.�.. _!:s,, _�.1- 6 1..� �',`�Ro-, a - _.. �::F'�°; .-_.. ._, _. �a•'S`�''i�,. Qe00000 OCR �-' �0 oil 9 ��oc000co � NCO u,,: K . Ell 'Y rt kz Nil it . Y n Y • t Y • r C 1 I' ua.•a+�o•a•rt•�wat 1 �ONgOLLVA3 3 WHIM �4+Q�IeMi7� a+'�MyY DNB�NpS 1�M9 � �� O_ a C" al z O IO Ip i0 z aa o o Z o IO Io Ir Ir W I� Y C O r I I G I cc W ow, I d I I I W� 49 i I I W d i i I N a z § lew zi I I sF _= I a , Up �j El s � Ia Ia �_ AWN 0 W N O O V N r> � r W C 1 , =W �Jo • fn�� g!.� 3 r d z O F y z a`, i �p S I vri u ' a 10 sit ' I r N C 2 O Z�( I I L �1� r W N I I I e8 s Ills" lz MI6 :1 Ip• M z' 0_� � . wo•a+*vow•wrwwa ;rsNl�llVA3BticowasL O Dim OOV.T. .:.q: rn rn rn d I V i I I I N W Y� 0- 0 ; HE � � _ � •I } a N 'I r W n NI � II I 1 �N 1 1 Z F 1 4 W= 1 W 2 Ir I WW -I o W i 1 1 vi 4 a HER �y W � 91 � a W I li N O cai`�' i'lit} 2 p _ < I W 13� I W O � W Zme rc a a Ho t V r` I' t City of Southlake,Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization for staff to submit 1999 (25th Year) Tarrant County Community Development Block Grant (CDBG) involving construction of a sanitary sewer line for Oak Lane Addition Action Requested: Staff s project recommendation for the 1999 Tarrant County Community Development Block Grant (CDBG) program is construction of sanitary sewer facilities for Oak Lane Addition. Staff seeks Council authorization for staff to submit an application to Tarrant County for the 25' Program Year CDBG. Background Information: Recall that 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. YEAR PROJECT 1994 12" Waterline alon Florence 1995 12" Waterline along Randol Mill 1996 Sutton Place Sewer 1997 Sutton Place Drainage 1998 Sutton Place Water & Paving 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). For the 25' Program Year CDBG, Oak Lane is scheduled to have ('46W sanitary sewer constructed. The necessary right-of-way required to construct the sanitary sewer line was previously donated to the 7E-1 City by each resident in Oak Lane. Sanitary sewer was stubbed to the southeast property line of the Oak Lane Addition as part of the Regal Oaks subdivision construction. The proposed sewer for Oak Lane will connect to the stub provided at the southeast corner of the Oak Lane Addition. Financial Considerations: Attached is a copy of the 1999 CDBG application that includes a detailed cost estimate and project map exhibit. The estimated cost to design and construct the sanitary sewer and connect each house to the sewer line is $383,870. The anticipated CDBG cost participation is $93,000. The CDBG funding is subject to change depending on the amount appropriated each year to the program by the federal government. Therefore, the estimated City's contribution to the cost of this project is $290,870. In the CIP budget, $300,000 was appropriated for the engineering, surveying, and construction cost for constructing sanitary sewer 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. Council has committed to the residents using the allocated CDBG funds along with matching City funds to construct these improvements. Legal Review: Not applicable Alternatives: Not applicable Supporting Documents: Timing of Improvements 1999 CDBG Application Notice of Public Hearing Staff Recommendation: Staff recommends Council authorization for Staff to submit an application for improvements including construction of a sanitary sewer line for Oak Lane Addition. Please place this item on the January 19, 1999 Regular City Council Agenda for review and consideration. BW/sep 7E-2 Approved for Submittal to City Council: Ci Office i 7E 3 0 0 0 000 0 0 A U EE- N M C� o 0 W 5 bs � es � d O U U o 0 0 0 0 0 o o C� ON C� w A 6s s9 s9 3 � a� a� o rn o 44 0 .x. h tn v� O N y rr C/] y O O O N O� * 4 O Q U A" o CIO) A o 4 H 00 4-o ti a Cd i cu a0i � bA Z' w � to u. •i••� '� 'cd � W W W � 0 •""' 0 0 0 a a a � N � � •� o 0 0 x ' ci vn (InCd O O O y 3 o W _o to a rn rn rn rn o o a CA U .c o � o A C7 N N N N N N 0.4 U0 a � IE-4 �. LLS TARRANT COUNT ORET r` COMMISSIONERS COURT ADNEEMSTRATOR'S OFFICE COKMJNrrY DEVELOPMENT DIVISION November 24, 1998 Hon. Rick Stacy Mayor of Southlake 667 North Carroll Southlake TX 76092 Dear Mayor: Attached are the 25th Fundincy Year CDBG City Project Scoring Criteria and Project Application forms. There has been much discussion among Consortium members regarding the funding of city sponsored projects since last year's application process. The Mayors' Council Planning Committee met earlier this fall to discuss the project ranking process. Based on their discussion and comments,Tarrant County is requesting additional information be submitted by cities applying for Entitlement funding. This information will include: Specific information summarizing the project, including beneficiaries new City Demographics new City Financial Resources new Summary of City Comprehensive Plan new While the criteria for funding city submitted projects is basically the same as it has been in the past, the additional information will allow the Ranking Committee to better understand the need for the project and its intended beneficiaries. In addition to the discussion regarding the funding criteria, several cities asked that their target areas be reviewed. There is a need to review the current Tarrant County target areas; however,the time-frame for this year's planning cycle will not permit an in-depth review. Therefore,Tarrant County has requested that HUD,through its new Community Builders Program, also look at our target areas. The U. S. Department of Housing and Urban Development recently implemented a new strategy designed to promote a user-friendly atmosphere. This new strategy will also allow local jurisdictions assistance in using HUD funding.-Through this new strategy,each community has been assigned a Community Builder as part of HUD's efforts to reorganize their field offices,thus creating (aaw a stronger sense of collaboration. 7E-5 1509B South University Drive.Suite 276.Fort Worth.Tx 76107,817/338-9129,Fax 817/338-9136 C ` 25'Fund Year CDBG City Project Scoring Criteria and Project Application November 24, 1998 Page 2 I requested that Our Community Builder look at cities requesting target area reviews and, perhaps,offer suggestions on redesigning our current target areas. Since making this request,Tarrant County's HUD Public Trust Officer (Monitor) has contacted Tarrant County questioning the eligibility of other cities' target areas.Tarrant County is currently submitting supporting information to HUD protecting the current target areas as meeting the low-income "area" benefit objective. Suburban and smaller cities have always had difficulty with the ("low-income inner city vs. the wealthy suburban county") belief that there are no poor people living outside the central core of metropolitan urban areas. I don't think HUD's Staff has quite worked out the details of how community builders will work more collaboratively with local agencies. The deadline for submitting projects to Tarrant County is January 29, 1999. The funding levels for city projects should be approximately 90-95%percent of your FY98 allocation,depending on your ranking and type of project. Although, HUD appropriations were approximately the same as last year,there are over$500 million in set-a-sides. Set-a-sides include discretionary projects in selected congressional districts taken from the CDBG formula allocations for entitlements. Please remember that each City must conduct a Public Hearing prior to Tarrant County's approval of their project. I strongly recommend that should you or your staff have any questions concerning CDBG funded projects, please call prior to submitting your proposal. I, along with my staff, will be glad to meet with you to discuss the program or any issues relating to affordable housing and community development within your community. Should you have any questions concerning the application and/or ranking criteria, please don't hesitate to contact me or Nikki Scarberry, Community Development PI er, at 338-9129. Sincere , Patricia Ward Director attachments 7E-6 t 'a k: :< >; TARRANT COUNTY COMMISSIONERS COURT ADMIN MATOR'S OFFICE COMMUNMY DEVELOPMENT DIVLSION November 24, 1998 MF_RaNDUM TO: Tarrant County CDBG Consortium Members FR ON,I: Patricia Ward Community Development Director SUBJECT: Project Descriptions for FY 1999 -- 25th Program Year Enclosed are your city's Project Description Forms for the 25th Program Year of the Tarrant County Community Development Block Program. The packet includes a time line for the application and review process, application forms, environmental checklists,and a copy of the ranking criteria to be used by the Mayors' Council in making funding allocations. As you can see from the time line, applications are due on Friday,January 29, 1999,and allocations will be finalized in early April. As always,we encourage you to submit your project descriptions early so that our staff may evaluate them for compliance with federal guidelines. Should you have any questions about the eligibility of a particular project or about application procedures for the FY 1999 funding allocations, please do not hesitate to call me or our Planner,Nikki Scarberry, at 338-9129. I look forward to working with you in the coming year. IE 7 1509B South Universitv Drive.Suite 276.Fort Worth.Tv%107.XIWA R-o1" Fs.a»TAR-81z4 ,.. TARRANT COUNTY COMMUNITY DEVELOPMENT 25TH PROGRAM YEAR PROJECT APPLICATION TIME LINE November 24, 1998 Applications Mailed to Cities December 1998 -January 1999 Project Development & Selection/Technical Assistance by Tarrant County Staff January-February 1999 Cities Hold Public Hearings for Project Selection January 29, 1999 Completed Project Descriptions Due to Tarrant County March - April 1999 Environmental Review of Projects by County Staff March 4, 1999 Mayors' Council Review Committee Ranking of 25th Year Projects and Funding Allocations (av-�ril 5, 1999 Mayors' Council Approval of Funding Allocations April 1999 Publish Environmental Notice April 1999 Tarrant County Commissioners Court Public Hearing for all Projects to be Submitted to HUD April 1999 Request for Release of Funds (Environmental Release) Submitted to HUD April 1999 Final Approval of Projects by Commissioners Court May 1999 Consolidated Plan Submitted to HUD July 1999 Approval of 1999 Work Program by HUD -25th Year Projects Initiated 7E-8 QI OMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUMMARY OF ELIGIBLE PROJECT ACTIVITIES A.cq.uisAiQn -Acquisition through the purchase, long-term lease,donation or otherwise, of real property for any public purpose which benefits the low-moderate income population, unless specifically prohibited by statute or federal regulations (24 CFR 570.207). (Acquisition which forces relocation of families or businesses usually incurs prohibitive costs.) Public Facilities and Improvements - Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements which benefit low and moderate income populations. This may include senior citizen centers or community centers, or reconstruction of street, water and sewer lines, sidewalks, parks or playgrounds in low and moderate income areas. Removal of Architectural Barriers which restrict mobility and accessibility for elderly or handicapped persons to publicly owned buildings, facilities and improvements. Rehabilitation and Pres_ej--,�ition Activities - rehabilitation of privately owned low income residential buildings or houses. Activities related to rehabilitation may include code enforcement,historic preservation, Qd renovation of closed buildings. hlic�etYices - This category includes areas such as employment services, crime prevention. child care, drug abuse prevention, energy conservation, health care, fair housing counseling, or recreational needs. Funds expended in this category must provide a new service,above and beyond the level of service currently being provided. Public services expenditures cannot exceed 15% of the County's total grant amount. In-terim.Emetgenc_yy.ssiqaac-e -In the case of a declared emergency by the County Judge, CDBG funds may be used on an interim basis for the clearance of streets and improvement of private properties (snow removal, tornado or flood cleanup, etc.). )�C-anomi - Economic development activities must provide a measurable public benefit for low income individuals, such as job creation and business retention. (These activities are accompanied by high administrative and monitoring costs and will not be funded by Tarrant County in 25th Year projects.) IE-9 Tarrant County Community Development City Projects Scoring Criteria FY99 -25th Funding Year CONIlVIUNITY NEED -30 Pts. Community Need would be demonstrated in narrative form. This narrative would include the following sections. Section I. Executive summary of proposed project 10 pts. (I...10) Type of Project (List of Eligible Projects will be provided) Location Project Beneficiaries Estimated Cost Ezvironraental Checkdist Section IL City Derrlograpiucs 10 pts. (I...10) Population Perc-ntasze of Low Income/Elderly Housing NNeed(AgelCondition) Section III. City Financial Resources 5 pts. (I...5) Sources of Revenue Available to the City City Expenditures - Expenditure per Capita Steles Tax Economic Development Activities Section IV. Summary of City Comprehensive Plan 5 pts. (015) (Attached to application) Bonus Points Section V. Match provided by City S pts. (015) MULTI-CITY PROJECTS - 10 Pts. . Jointly planned and funded projects will receive 10 points. NL-�YORS COUNCIL MEETS NG ATTEYDANCE - 13 pts/21pts Cities will receive ) points for each ttifayors' Council meeting attended by a City Representative.An 1E-10 additional 3 points will be awarded to cities with a 100 percent attendance record. There are six regularly held meetings annually, if a city attends all six meetings, their score for this criterion will be 21 points. Project Funding Criteria Recap Community Need 0..... 30 points Project Summary 10 City Demographics 10 Financial Resources 5 Comprehensive Plan 5 Bonus 5 5 points Multi-City Projects 10 points Mavors Council Meeting :attendance (3 per meetingfbonus) 0.... 21 points Total Points '66 Tiering of Projects -26 Projects By tiering funding levels,the Mayors Council would be able to fund projects in comm=idds with greater need and fewer resources. Tier One 50 to 66 points Level One Funding (+S 10,000) Tier Two 30 to 49 points Level Two Funding Tier Three 10 to 29 points Level Three Funding(-$10,000) Funding Levels Ranking 115 Level One Funding Ranking 5/20 Level Two Funding Ranking 21/26 Level Three Funding (taw TE-11 TARRANT COUNTY COMMUNITY DEVELOPMENT RANKING COMMITTEE FY 1999 CALCULATION OF RANKING SCORES City Ranking Criteria 01ased Qn-C=sM aW I. Percent of Low/Mod Households in Entire City 2. Number of Low/Miod Households in Entire City 3. Percent of Housing Stock over 35 Years Old 4. Percent of Households paying Excess Housing Costs (over 30% of Income) 5. Number of Low/Mod Households in Target Area 6. Percent of Low/Mod Households in Target Area Low/Moderate Income Benefit core L F.n 're City Percent Low Mod X Weight Factor 6 = A Number Low Mod_ X Weight Factor 3 =B Average Number Low Mod Per City A plus B divided by (6+3) = Low Mod Benefit Score Low/Moderate Income-B&.aefit_Saw-elsargetAr-e.a --Number-LowNlQd in T g l Atea X Weight Factor 2 = C Average Number Low/Mod in Target Areas Percent Low Mod in Target Area X Weight Factor 1 = D C plus D divided by (2+1) =Target Area Benefit Score Level of ousin�eed-S_core Percent of Housing Stock over 35 Years Old X Weight Factor 5 = E Percent of Households Costburdened X Weight Factor 4 =_ F E plus F divided by (5+4) = Housing Need Score TE 12 (W . COMMUNITY DEVELOPMENT BLOCK GRANT 25TH YEAR -- 1999 PROJECT INFORMATION FORM 1. City Name: CITY OF SOUTHLAKE 2. City's 3-Year Goals and Plans for Community Development Projects: Complete upgrade of major infrastructure in area of low to moderate income (Oak Lane water , sewer, paving ) 3. Project Location (Complete Address, FEM.A Map and MAPSCO Coordinates): Oak Lane in west quadrant of Southlake , TX - FEMA map # 48439C0185 H , MAPSCO map # 11-W ( 1996 Edition ) 4. Census Tract: 113 9-01 5. Type of Project: Sewer Line Construction 6. Cost/Engineering Estimate: $3 8 3,8 7 0 7. Funding Sources: 25th Year CDBG orant funds / City funds 8. Engineering Firm: Cheatham & Associates 1601 E. Lamar Blvd. Suite 200 Arlington , TX 76011 Engineering Contact: Eddie Cheatham, P . E. (817) 548-0696 9. City ContactPerson(s)• Shawn Poe, Capital Projects Cnnrrl; nator (817) 481-5581 , ext. 846 10. Date of Submittal: 1/19/9 9 7E-13 r77 DESCRIPTION OF EAwRONMENTAL CONDITIONS 1. Detailed Project Description: Sewer line construction will serve the residents on Oak Lane , which are currently on septic systems . Approximately 2700 linear feet of 8" PVC sanitary sewer pipe will be - installed . Sanitary sewer is the first phase of infrastructure that will installed to serve Oak Lane (water , p ing ) . 2. Detailed Project Purpose: Install sanitary sewer system to replace septic systems in de.nsely populated , 1/2::acre lots . The sanitaly sewer will serve 55 lots along Oak Lane. 3. Environmental Conditions: Small manufactured housing neighborhood of low to moderate income residents with septic systems , some systems .not. wor. king properly . 4. City Enhancement of Target Area (City-funded Projects Only): Sewer lines are adiacent to Oak Lane Addition . The main trunk line was constructed in the Summer of 1995 , which serves the area of Oak Lane. Required Attachments: —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 8/2/95 Prepared By: (Complete Title,Address, and Telephone). Shawn Poe Capital Projec-ts Co-rd-inator- City of Southlake 667 NCarroll AvP Southlake, TX 76092 I � � 1 Duthla "= a►�tr �� 11. lam. 1 �.��'� ►�:�ii11111—I Ifs .Iltl. / 1 1=I■-';"� ��i mflllll j—IIIIti11I1 ftl.n 1.■r■ . ... L� 111-:;:■ ■a -111° :'=:,��II!IIIIIIII�I■Illul�i�:n, .at-1111uu�`r�.�•■ �i1a1�.�•.'.i r:i mill ♦ u �:�_��iii��lr■.1111� ..::.�'�inu�'I11I��11 i��=`,'�1� ...1 v■■,... att�l■..,.,_...Y-.1•,-:::-^�111!IIIIII`I-1.�,..'�Il�'■ 1-..-- : ill Mimi IIIIQIIIII\�ip�11Q��i1n1iC�_I,"�'I��- ;':' _ '�i��►'��. ON— still 1 �.� c..... � ■11 �I�.jig ► um .A' ■�u■..� �:•11� -,u.u.•. ::'ni ■:d1'.u. �� 111am �■iI!'i��f�. °ni: iui�'-� ....um�.:•..:i •uA■. ��■ ■\lun.. '1 i.1��■ •:_:�ii du.u.. _ �i■■■ ..r-P. �uu1u r �,. - ..- -�4J`: -1.-•' DUI//�1 ��,_.::.1■ �� ,■■i- "-uun1� Mom .u: __ �■tt171� __ e•..w:,�/I..:::�' :`fit■ �/11//{1111111111/�'i��.:::iu � ■d��■�� I: = ml: 11- �c __'\C, e:�Sia9:�_:_r��■ �, i%■��1■■tiii• ,' �� '� .i �l\- -. 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I II �tl':_�_�:iiii�1 ■IIIIII• ��I,��_ 1111:.=:,,I '� 1•, ,:va`.L II �'' r■�1 'III III�r'1 �. _�•�,ti = I� •�,: =v-1`'` ' ��1`111� �,:;;=:ai��-11��i►I:. -1 i- 1`►{._ +■■■ ._� �� ,►. - - - -- - col ■..._�•_- ,. �•.,,::�..•..r,;.;l;,��-�;� ■ ■11u. —;��'`■''•� -_. - > _ c\_ l;��Ill��o �;. �i—?.mass rrp �'�\■1■�■■ _ � _ - - •!r—i - iir; ..ram _ 1� c 1 I '`-■ //.r.=_ .� 1 ■flu \. ■ 1�"1''ll�l��■■{■■�..lrlini►.i�'�_,i... _ ��5:,-.II:��•`._;:��•a";�J4:;:�'1,' ,�:.".:. :�III_� •��q,.._ ��i.� - pia.:.;;�—•.:i - u.o- �::: .'Aw On— r r � CITY OF SOU TH LAK E 25th YEAR CDBG PROJECT MAP OAK LANE ADDITION RANDOL MILL R A w w Z Z w W � N Q H � Z Z U U M M I � O N N d a s s 47 m f � � O 0 c a SCALE 1" = 200' LEGEND 0 Proposed Sewer Line — - - - -a- - - - — /EXISTI SANITARY SEWER MH Existing Sewer Line PTARMIGAN ST b 1E-16 11 t v M 1 s �r CI i• EapN rs .� OP H Y FAIR ��+ Tipan R 806E {CLUB d INWANCR �� a� g IwarRn._ N Cr f a� Y f� < W jti•W P°rk BOB JOKES W� BOB JON£S 'CJ♦ICCaine�� ai '� REEK r '• I E NE S MI £ S IE GOOSENECK- 'A`- S T r-Pp 7, a a SMADY = N °y C yESS W C W SoWflake PaAc:- f MI L r $_r.y_yc�'B';/t 4 W RFEk o U" Y �� PINOq amapsco,Inc. BLUEBIRD '';. V'4�°S s c CT Z iX"• BASS TROUT RUM Ctp a PeAC"- u f KK z i CRA PIE T l Y- ' h �C1i�nh.i I� t ^�1i'�t' r cf \�� VirlN. i';fi^1.--+ iA��~ = r` z i �F J L�i I O ES KZ Z + OZ E I RIAR Z V W I O d N c I KIRKOD BLVD p ` \ I w� F 114' � 'I i t' AK 54EET �i .aoae co DOVE DOVE a081n u N ry SUBJECT TT roT�77' BJECT MOCKINGBIRD EI V l PROJECT P„�,,IR 3 LOCATION i � l f � O Oki nd N o4,it CT I Z s Oaklan S = PLMTATION ^ '� = a H s r.r J Y SLEEPY c w.:�LOW b OAK o� RAVEIL l R,�•nAux s FOREST SCALE IN MILES SCALE IN FEET 0 4 Vi yB yT CONTWlIEO ON MAP 25 0 1000 2000 3000 BOOK PAGE 1011 } I OETArL Man SECTION STARTS ON INDEX PAGE 141 1971 L9ro by MAPSCO.IvG—ALL RGI-IIS PESE!F?VM t 7E-17 o DETAILED COST ESTIMA TE City tame: City of Southl ake Date: 1/20/99 Project Description: Oak Lane Sanitary Sewer Improvements Item Description Quantity Unit Amount No. Price 1 8" SDR- 35 PVC Pipe (0 .' -8' ) 1200 LF $28. 00 $33 ,600 12 8" SDR- 35 PVC Pipe ( 8 ' - 10 ' ) i500 LF ' $31 . 001 $46 , 500 3 4' Dia . Std. SS Manhole 8 EA $2500 $20 ,000 4 4" SS Service (short) 26 EA $450 $11 , 700 5 4" SS Service ( long ) 30 EA $600 $18,000 6 Driveway & Street Repair 2400 LF $20. 00 $48,000 7 Extra Depth for Manholes 50 VF $165 $8, 250 8 Trench Safety 2700 LF $1. 50 $4 ,050 9 Erosion Control 1 LS $2 , 500 $2 , 500 10 Connect to existing system 1 EA $1 ,200 $1,200 11 Connect houses to sewer main* 1 LS $140000 $14000 *not eligible for CDBG funds , City will pay this item in full Funding Match (If Applicable): Sub-Total: $333,800 City Amount: $2 9 0,8 7 0 Design/Engineering: $5 0 ,0 7 0 Other Sources: $93 ,000 ( CDBG ) Total Project Cost: $383,870 Prepared By: Shawn Poe;.'. Capital Projects Coordinator Page 1 of 1 _ Environmental sment Statutory Checklist Project Name and Identification No. Oak Lane Addition / Sanitary Sewer, 25th year CDBG Area of Statutory-Regulatory Compliance (Citations for applicable statutes �o zo? za za off ` �0 ��a and regulations are printed on �`ti 4 43� i os Provide compliance the back of this Checklist. Full �� .°fi �� L� a ��, °�� q� documentation. discusssion of each is provided in qQ �� F �o �� °py Additional material may Appendix B) �oT G° �� q�4� 4z �qq G°� be attached. Historic Properties X Floodplain Management X Wetlands Protection X N i X ade Hazards Thermal/Explosive Hazards X Airport Clear Zones X Air Quality X Water Quality-Aquifers X Coastal Areas Coastal X Zone Management Coastal Barrier Resources X Endangered Species X _ Farmlands Protection X i Scenic Rivers X '.Attach evidence that required actions have been taken 22 7E-19 Statutory Checklist kaots-,-Licenses, Forms of Compliances Under Other Laws (Federal, State and Local Laws) Project Name and Identification No. Oak Lane Addition / Sanitary Sewer, 25th year CDBG OTHER AREAS OF STATUTORYAIVD l� �•�� G°•may • REGULATORYCOd� Al LL4NCEAPPLICABLE �Lo 4�0, `spa `��a o oho' fob Provide compliance TO PROJECT documentation Additional Material may be attached �o GZ- Water Quality X Solid Waste Disposal X Fish and Wildlife X 446�1Local Statutes (to be added by local community) X Note: See HUD-399-CPD,"Environmental Reviews at the Community Level",as revised for further details regarding the use of assessment formats. PreoaredBv Shawn Poe Title' Capital Projects Coordinator City of Southlake 667 N Carroll Ave Southlake , TX 76092 Date01/20/99 7E-20 - Listing of Applicable Please see Appendix B of this Guide Statues and Regulations for explanation of procedures to be followed. by Area of Compliance Historic Properties HUD Notice 79-33)Indefinite Notice,September 10, National Historic Preservation Act of 1966, 1979. Section 106(16 U.S.C.470f) HUD Regulation 24(CFR Part 51 Subpart D) Preservation of Historic and Archaeological Data Act of 1974(16 U.S.C.469-469c) Water Quality' Federal Water Pollution Control Act,as Amended(33 Executive Order 11593,Protection and Enhancement U.S.C. 1251-1376) of the Cultural Environment Safe Drinking Water Act of 1974(42 U.S.C. Floodplain 300f-300j-10)as Amended Flood Disaster Protection Act of 1973(42 U.S.C. 4001 et.seq.)and Implementary Regulations U.S.Environmental Protection Agency(EPA)Implementing Regulations 40 CFR Parts 100-149 Title 24,Chapter X,Subchapter B,National Flood Insurance Program(44 CFR 59-79) Solid Waste Disposal* Solid Waste Disposal Act as Amended by the Resource xec-Live Order 11988 and HUD Procedure for Conservario. arc Recovery Act of 1976(42 U.S.C.6901- Floodplain.iManagement(24 CFR Part 55)(When 698 7) Issued) U.S. Environmental Protection Agency(EPA)Implementing Wetlands Regulations 40 CFR Pate 240-265 Executive Order 11990,Protection of Wetlands and Applicable State Legislation and Regulations.Also Coastal Areas 24 CFR 55(When Issued) Coastal Zone Management Act of 1972 as Amended (16 U.S.C. 1451-1464) Noise HUD Regulations(24 CFR Part 51.Subpart B) Coastal Barrier Resources Act of 1982(16 U.S.C.3501 et. seq.) .fir Quality* Clean Air Act of 1970 as Amended(42 U.S.C. Endangered Species 7401-7642)EPA Regulation 40 CFR Pan 50,and Endangered Species Act of 1973 as Amended(16 U.S.C. Partially 40 CFR Part 51,52,61. 1531-1543) Man-made Hazards Farmlands Protection HUD Regulation(24 CFR Part 51.Subpart C) Farmlands Protection Policy Act of 1981(U.S.C.4201 et.seq.)Implementing Regulations 7 CFR 658 Wild and Scenic Rivers Wild and Scenic Rivers Act of 1968 as Amended(16 U.S.C. 1271 ec.seq.) "Environmental laws that have permit,license or other forms of compliance usually implemented through a State agency are also listed here. 7E-21 Environmental i ,ssment Checklist Project Name and Identification No.Oak Lane Addition / Sanitary Sewer , 25th year CDBG 1 2 3 4 5 6 7 G� �S♦ �`L -♦� 4 `fit a� Oa Q- QJ Q` p° Q' ° `♦��° Qc°� Source or Documentation `� `♦� `♦�iz--3 `♦�4�y �` °� (Note date of contact or page '`♦ Q Q Q°NIA ��e ¢�a� reference) Additional Impact Categories material may be attached. Land Development Conformance With i Comprehensive Plans and Zoning X Compatibility and X Cpact X Erosion X Soil Suitability X Hazards and Nuisances,Including X Site Safety Energy Consumption X Noise Effects of Ambient Noise on Project and Contribution to Com- X munity Noise Levels 27 7E-22 ironmental Assessment Checklist (continued. page?) Project Name and Identification NoDak Lane Addition/Sanitary Sewer , 25th year CDBG 1 2 3 4 5 6 7 Oct a``°o t1p a Source or Documentation (Note date of contact or page reference) Additional Impact Categories Q �L Q°�L material may be attached. .fir Quality E feces of kmbient Quality on Project and Contribution to Com- X munity Pollution Levels j Environmental Design and Historic values ' Quality— nce, Diversity, Co patible Use. and X Scale yT-ligoric. Cultural. end archaeological i Resources X Socioeconomic I Demographic I Character Changes X I Displacement X Employment and Income Patterns X Community Facilities and Services Educational Facilities X Commerical Facilities X H 1rh Care X Social Services X ,s 1E-23 wironmental (�essment Checklist (continued,page 3) Project Name and Identification No. Oak Lane Addition / Sanitary Sewer, 25th year CDBG 1 2 3 4 5 6 7 Source or Documentation(Note date of contact or page �`F Q°`L�` 4 �L�� °a reference) Additional Im act Categories material may be attached. Community Facilities and Services(Continued) Solid Waste X Waste Water X Water ' X Water Supply X Currently on private well Iwatpr system Public Safety Police X Fire X Emegency Medical X Open Open Space Space and X Recreation Recreation X Cultural Facilities X - - - Transportation X 7E-24 vironmental -s4ment Checklist (co ttnued,page 4) Project Name and Identification No. Oak Lane Addition/Sanitary Sewer , 25th year CDBG 1 2 3 4 5 6 7 O° mac G Off ` Source or Documentation (Note date of contact or page reference) ��o °�z` Q°�4z °�°¢°off��°� ��o� Additional material may be Im act Categories Natural Features Water Resources X Surface Water X AF60a—ins X Wetlands X Coastal Zone X Unique Natural Features and :agricultural Lands X Vegetation and Wildlife 30 ]E-25 Environmental Assessment Checklist (continued, page 5) Summary of Findings and Conclusions: The project, upon completion , will provide adequate sanitary sewer facilities . Summary of Environmental Conditions: Septic systems , some inadequate or soil conditions inadequate , serve this addition. This addition also is served by a private (411W water well system. Project Modifications and Alternatives Considered: No alternatives exist for this project. 7E-26 - Environmental Assessment Checklist (continued,page 6) Additional Studies Performed (Attach Study or Summary) N/A - Mitigation Measures Needed: N/A 7E 27 Environmental Assessment Checklist (continued, page 7) 1. Is this project in compliance with applicable laws and regulations? U Yes ❑ No 2. Is an EIS required? ❑ Yes U No 3. A Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment. W Yes ❑ No Prepared by Shawn Poe Title Capital Projects Coordinator City of Southlake 667 N. Carroll Ave. Southlake , TX 76092 (817 ) 481- 5581 ext . 846 Date n 1 ./ gg 7E-28 NATIONAL FLOOD INSURANCE PROGRAM ~vim tiny � ti 0. FIRM FLOOD INSURANCE RATE MAP TARR.ANT COUNTY, TEXAS AND INCORPORATED AREAS ' PANEL 185 OF 595 (SEE MAP INDEX FOR PANELS NOT PRINTED, ! ( CONTAINS: COMMUNITY NUMBER PANEL SUFFii: ! i KELLER.CIT) O� 180602 0185 H i 1 I SOUTHLAKE.CITY OF a80612 0185 H T jRRAPIT COUNTY v -Ic5 . . _ _ MAP NUMBER i 48439CO185 H .; ;. MAP REVISED: AUGUST 2, 1995 Federal Emergency I'vtanagement Agency I � I tE-29 X. KlR KWOOD ZONE'X i ZONE X .. DOVE ROAD i LIMIT OF ZONE DETAILED STUDY aS� ZONE X h CITY OF WESTLAKE ZONE X_— LIMIT OF � TARRANT CC FLOODWA S Y UNINCORPORATE Kirkwood �, 3� 4W82 Branch ZONE X < ZC 593 °C 594 ZONE AE/ — o 0 Dam 60� ZONE X N oa, S9 z 6�0 DOVE STREET 6CC a LL CITY OF WESTLAKE CITY OF SOUTHLAKEco I �� A o r. .... A 602 w N z co S1 �, z `ZONE AE - 604 CR= 0 ZONE X ZONE X PHEASANT 606 LIMIT OF `fl DETAILED STUDY — Higgins Branch 609 6 u U1 SUBJECT B PLANTATION c PROJECT r` g 602 LOCATION zoN` AE Lu 674 O a ZON v /c 616 "� _/ C O O Z ZONE X —RM9 a L SLEEPY HOLLOW - POST OAK U U z C - TRAIL RANDOI O ui6�0 Q ZONE X CYPRESS CREEK LIMIT OF _DETAILED STUDY CIRCLE FOREST LIMIT OF CITY OF KELLER ZONE DETAILED STUDY 480602 ;t x w ZONE X LU HIDDEN 1 p LLu g m GLEN ! Lu m z a w I? LAI;EVIEW �` Y O ON KINGSWOOD LL WOOD BROOK U I- CP.OSSTIMBER tIM1T OF STUDY lE 30 City of Southlake Community Development Block Grant (CDBG) 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 January 19, 1999 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 25 h 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 sanitary sewer 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. 1E-31 t City of Southlake, Texas MEMORANDUM January 12, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Ordinance No. 727, 2°d Reading, revising Southlake City Code, Chapter 12, Article III, Sections 12-97 through 12-99, revising number of members of Youth Park and Recreation Board, and incorporating revisions of Ordinance No. 646-A. Action Requested: City Council consideration of Ordinance No. 727 on second reading. Background Information: This item is being brought forward to make the change requested by the Youth Park and Recreation Board regarding the number of its members. It is their desire to increase the number to nine members from the current seven, in order to ensure better continuity from one school year to the next, and to reflect the same number of members as on the Park and Recreation Board. The underline/strike-through copy of the Southlake City Code reflects this change (shown by bars in side margins). You will note that it also reflects:. • the changes made previously by Ordinance No. 646-A, approved by City Council on September 1, 1998, regarding the appointment process for members of the Youth Park and Recreation Board; and • changes the references to Parks and Recreation Department to Community Services. Financial Considerations: None. Citizen Input/ Board Review: Approved by Park and Recreation Board on Consent agenda November 9, 1998 (7-0). Approved on 1 S` Reading by City Council on Consent agenda, January 6, 1999 (7-0). Legal Review: Routine change. Alternatives: Not Applicable. M:\WP-FILES\COUNCIL\ord727mem.doc ��' 1 C Curtis E. Hawk January 7, 1999 Page 2 Supporting Documents: Ordinance No. 727, redline/strikeout. Ordinance No. 727, clean copy. Staff Recommendation: Place Ordinance No. 727, revising number of members on Youth Park and Recreation Board on the January 19, 1999 City Council agenda for consideration. KH Approved for Submittal to City Council: City Manage ' `J M:\wP-FILES\COUNCIL\ord727mem.doc �� ORDINANCE NO. 727 (we AN ORDINANCE AMENDING CHAPTER 12, ARTICLE III, SECTIONS 12-97 THROUGH 12-99, OF THE SOUTHLAKE CITY CODE (1996), "YOUTH PARK AND RECREATION BOARD," AS AMENDED BY: CHANGING MEMBERSHIP REQUIREMENTS AS ADOPTED BY ORDINANCE NO. 646-A, CHANGING NUMBER OF MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; 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 Local Government Code; and WHEREAS, the City Council has established a Youth Park and recreation Board for the City of Southlake, to act as an advisory board to the Park and Recreation Board relating to recreation programs and park improvements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. YOUTH PARK AND RECREATION BOARD That sections 12-97 through 12-99 of Chapter 12 "Parks and Recreation" of the Southlake City Code be amended to read as follows: DIVISION 3. YOUTH PARK AND RECREATION BOARD Sec. 12-96. Creation. There is hereby established the youth park and recreation board for the city referred to in this division as the "youth board." (Ord. No. 646, §5, 8-15-95) Section 12-97. Membership, qualifications and terms. (a) Appointment procedure. The youth board shall consist of sew-(7-)-nine 9 citizens of the City of Southlake, Texas, who must be students enrolled in school in grades seven through twelve. The City Gouacil Park and Recreation Board shall appoint members for two (awl (2) year terms. The CowaQil Board shall appoint the members using the following procedure: `J \\s1ksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance.doc '7f 9 (1) Interested persons meeting the qualifications shall submit an application to the Qq, S@c;e Director of Community Services. (2) An interview committee, comprised of four members, one City-CQUAG9 mhnr gnu park and Recreation Board member, one member of City staff, as appointed by the City M aageF Community Services Director, and one Board member of the Southlake Park Development Corporation, and one member of the Youth Park Board, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the G4 CeUacil Park and Recreation Board, ensuring an even distribution among the age of the applicants. (b) Compensation. The Ceaaci Board shall appoint members who shall serve until their successors are appointed, without compensation. (c) Vacancies; initial appointments. Places on the Board shall be numbered one (1) through-se.*ea-F,-4 nine (9). Vacancies shall be filled in the same manner provided for regular appointments. in making rho initial anr.�intmnnre rho (�it�, colmnil Dark. .,-.a i e-r-e2ti.._ 0 77..,, YrF`�, v 1 2nardl ohall appoi o fQu TAT:ie�alie s o the *Bue� -RAeae-d- fAr P;ZA Maea�bars f- one, ear-wmsr—(Ord. No. 646, §6, 8-15-95) Sec. 12-98. Meetings and bylaws. The youth board shall meet in the first regular session of each year and shall select from the members a chairman, vice chairman, and secretary for one-year terms and until their successors are elected. The youth board shall adopt bylaws to govern the holding of its meetings which, at a minimum, shall encompass the following: (1) Regular meetings shall be held once each month. (2) Manner of holding and calling of special meetings. (3) Majority of members shall constitute a quorum. (4) Members not planning to attend a regular meeting or special meeting shall notify the C4 ennrn+ara, Director of ommunity Services or the Chairman of the Youth Board by 12:00 o'clock noon of the meeting day. (5) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Youth Board shall be reported to the G43, Csaacil- Park and Recreation Board which may, at its discretion, remove the board member and appoint a replacement. \\slksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance.doc (6) Minutes of each youth board meeting shall be filed with the city secretary. (Ord. No. 646, §7, 8-15-95) Section 12-99. Duties and responsibilities. The duties and responsibilities of the youth park and recreation board shall be to: (1) Act in an advisory capacity to the park and recreation board in all matters pertaining to parks and recreation, including the development of long range capital improvement programs. (2) Recommend policies for recreation services and park improvements. (3) Recommend youth-related programs for development of recreational facilities, areas and improved recreation services. (4) Prepare and submit to the park and recreation board an annual review of youth- related parks and recreation programs and services. (Ord. No. 646, §8, 8-15-95) Secs. 12-100-12-115. Reserved. 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 phrases, clauses, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement of 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 its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake, or any other ordinances or statutes that pertain to the Southlake Youth Action Commission, 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, \\siksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance.doc 9�-r under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final deposition by the courts. SECTION 5. 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 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 6. EFFECTIVE DATE This ordinance shall become effective immediately upon its passage. PASSED AND APPROVED on the 1st reading the _day of , 199_. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _day of , 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: (awl CITY ATTORNEY \\slksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance.doc ORDINANCE NO. 727 AN ORDINANCE AMENDING CHAPTER 12, ARTICLE III, SECTIONS 12-97 THROUGH 12-99, OF THE SOUTHLAKE CITY CODE (1996), "YOUTH PARK AND RECREATION BOARD," AS AMENDED BY: CHANGING MEMBERSHIP REQUIREMENTS AS ADOPTED BY ORDINANCE NO. 646-A, CHANGING NUMBER OF MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; 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 Local Government Code; and WHEREAS, the City Council has established a Youth Park and Recreation Board for the City of Southlake, to act as an advisory board to the Park and Recreation Board relating to recreation programs and park improvements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. YOUTH PARK AND RECREATION BOARD That sections 12-97 through 12-99 of Chapter 12 "Parks and Recreation" of the Southlake City Code be amended to read as follows: DIVISION 3. YOUTH PARK AND RECREATION BOARD Sec. 12-96. Creation. There is hereby established the Youth Park and Recreation Board for the city referred to in this division as the "youth board." (Ord. No. 646, §5, 8-15-95) Section 12-97. Membership, qualifications and terms. (a) Appointment procedure. The youth board shall consist of nine (9) citizens of the City of Southlake, Texas, who must be students enrolled in school in grades seven through twelve. The Park and Recreation Board shall appoint members for two (2) year terms. The Board shall appoint the members using the following procedure: \\slksvOW I\shared\parkrec\boards\ypkboard\ypkboard-ordinance 1.doc 17�i*1 (1) Interested persons meeting the qualifications shall submit an application to the Director of Community Services. (2) An interview committee, comprised of four members, one Park and Recreation Board member, one member of City staff, as appointed by the Community Services Director, one Board member of the Southlake Park Development Corporation, and one member of the Youth Park Board, shall review the applications and conduct interviews if appropriate. (3) The committee shall make recommendations for members to the Park and Recreation Board, ensuring an even distribution among the age of the applicants. (b) Compensation. The Board shall appoint members who shall serve until their successors are appointed, without compensation. (c) Vacancies; initial appointments. Places on the Board shall be numbered one (1) through nine (9). Vacancies shall be filled in the same manner provided for regular appointments. (Ord. No. 646, §6, 8-15-95) Sec. 12-98. Meetings and bylaws. The youth board shall meet in the first regular session of each year and shall select from the members a chairman, vice chairman, and secretary for one-year terms and until their successors are elected. The youth board shall adopt bylaws to govern the holding of its meetings which, at a minimum, shall encompass the following: (1) Regular meetings shall be held once each month. (2) Manner of holding and calling of special meetings. (3) Majority of members shall constitute a quorum. (4) Members not planning to attend a regular meeting or special meeting shall notify the Director of Community Services or the Chairman of the Youth Board by 12:00 o'clock noon of the meeting day. (5) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Youth Board shall be reported to the Park and Recreation Board which may, at its discretion, remove the board member and appoint a replacement. (6) Minutes of each youth board meeting shall be filed with the city secretary. (Ord. No. 646, §7, 8-15-95) `J \\s1ksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance l.doc 11jr, 3 Section 12-99. Duties and responsibilities. The duties and responsibilities of the Youth Park and Recreation Board shall be to: (1) Act in an advisory capacity to the Park and Recreation Board in all matters pertaining to parks and recreation, including the development of long range capital improvement programs. (2) Recommend policies for recreation services and park improvements. (3) Recommend youth-related programs for development of recreational facilities, areas and 'unproved recreation services. (4) Prepare and submit to the park and recreation board an annual review of youth- related parks and recreation programs and services. (Ord. No. 646, §8, 8-15-95) Secs. 12-100-12-115. Reserved. 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 phrases, clauses, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement of 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 its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake, or any other ordinances or statutes that pertain to the Southlake Youth Action Commission, 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 deposition by the courts. `J \\s1ksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance 1.doc 7F'l SECTION 5. 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 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 6. EFFECTIVE DATE This ordinance shall become effective immediately upon its passage. PASSED AND APPROVED on the 1st reading the_day of , 199_. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the_day of , 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY `J \\s1ksv0001\shared\parkrec\boards\ypkboard\ypkboard-ordinance 1.doc r1f! s City of Southlake, Texas -- i STAFF REPORT January 15, 1999 CASE NO: ZA 98-136 PROJECT: Ordinance No. 480-298 - First Reading/ Rezoning and Site Plan / Proposed Lot 5, T.J. Thompson No. 1502 Addition (Davis Boulevard Center STAFF CONTACT: Karen P. Gandv, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as being a portion of Tract 1 B 1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately 0.55 acres. A Site Plan for Davis Boulevard Center will be considered with this request. I i PURPOSE: Zoning and Site Plan approval required for development of dry cleaners. I i LOCATION: On the east side of Davis Boulevard(F.M. 1938) approximately 300' north of Continental Boulevard. OWNER: Ron Woods APPLICANT: Segal Enterprises CURRENT ZONING: "AG" Agricultural District i REQUESTED ZONING: "C-2" Local Retail Commercial District i LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received within the 200' notification area: • Ronnie Woods, 734 CR 2585, Alvord, TX, in favor. (Received November 16, 1998). P&Z ACTION: November 19, 1998; Approved (7-0) at the applicant's request to table and to continue the Public Hearing to the December 3, 1998, Planning and Zoning Commission meeting and placing them in front of all other development cases on that agenda. City of Southlake, Texas - I i i December 3, 1998,Approved(7-0)the applicant's request to table and to continue the Public Hearing to the January 7, 1999, Planning and Zoning Commission meeting. January 7. 1999, Approved (4-1-1) subject to Site Plan Review I Summary No. 2, dated December 31, 1998, deleting Items 40a (driveway spacing) and 41b (stacking depth); accepting the root I design(Item #3c) as shown; and eliminating two (2) parking spaces in the northwest corner and continue the bufferyard east and west. STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated November 13, 1998, and Site Plan Review Summary No. 2, dated December 31, 1998, with the exception of those in the attached Site Plan Review Summary No. 3,dated January 15, 1999. I L:\CONIDEV\W P-FILES\MEMO\98CASES\98-136ZS.WPD i i I i �I I i j I i I I � i ,I i 8� _ 2 ' T LAI- u - _ __ ME 23 _ Q Ta 30 as al 0 le 140 Ic n f�C� R� .E V.� R.PAC S:FVEYINS ic SL 'vtY : — L- U le M 2m I .lc' ! 144 18 T4 SCI ' Ts 1-c 73 23 s 122 AC I 9 a T35�2 8 TR LAy i - I .. T14G TV? Tq SA1B 12 a1 At 9s k s At ' 1m u Sly or TR V T9 -c a� TR 6 43 T&4C T3 4D Ta Sc 1 2 Ac u Le TR Z1 '! 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IQ I43 1 � I TR 1 M ' I 1.4 A� ' 2- ADJACENT OWNERS5 2 2o109 0 D ZONING J200[ 0 9FA j TI , 1 '�1 � s � 24 URCN 60 B DN I r, • rQi i U TR SR1 A 8 23 . From:Doi Penny To:Lindy Balew Date:12127/1998 Time:3:C5:38 PM Page 2 of 5 y Peam y & 4 December 21, 1998 Mr. Lindy Ballew K12 Design, Inc. 1711 Price St. E Keller, TX 76248 Dear Mr. Ballew: You recently contacted me with questions about driveways into a site that you are working on at the northeast corner of Dads Boulevard (FM 193 8) and Continental Boulevard, also known as Union Church Road and County Road 3099. Your questions concerned the locations of driveways with respect to major intersections. This letter is in response to those questions. It is my understanding that there is a City of Southlake requirement that driveways be located at least 500 feet ay.,ay from major intersections, and that driveways be a minimum of 300 feet apart. In addition, there must be some internal stacking at each driveway. I would like to discuss some theory of driveway access to adjacent properties, and with respect to adjacent zoning. The amount of traffic that is generated by any given development is determined, obviously, by the uses allowed on the property. The higher the use, the more traffic that is generated. Generally. as in this case, more traffic is generated by commercial and retail uses. Thus driveways become more critical with respect to higher generators. With more traffic being generated, the location, design, and mimber of driveways will determine the level of service of s the adjacent street system. Location of driveways with respect to a major public intersection is one of the factors that impact the level of service. Driveways into private property should be located a sufficient distance away from a major intersection to allow a driver to react to a vehicle in front of them to turn into either the driveway or to maneuver into a turn lane. A drivers attention is concentrated on traffic around them as they 1411 lta-ee Z)v.&,e zCGrgtau. ?X 76014 �xx v7-465-3791 A!= V 7-465-1072 BB-5 ' T READ DEC 2119c, From:Don Penny To:Lindy Mew Date:12f2l/1998 Time:3:05:38 PM Page 3 of 5 approach and pass through an intersection. It generally requires 1.5 - 2.5 seconds for the driver's attention to return to what is happening in front of them after passing through a signalized high-use intersection. And again, generally, traffic passing through a signalized intersection will be traveling perhaps 30-40 miles per hour, depending on the amount of traffic and some other conditions at the intersection. This calculates out to 44 - 58 feet per second. Thus, using the minimum numbers for a less important intersection, this would equate to 66 feet away at 30 mph and 1.5 seconds. This would go up to 145 feet for very busy intersections at 40 mph and 2.5 seconds reaction time. Most cities that have standards for downstream driveways -away from an intersection use standards from 10 feet from the intersecting property line in Dallas (which amounts to about 20 feet,'and is negotiable), to 60 feet in Arlington, to 75 feet in Carrollton. I would prefer something in the range of 100-130 feet, giving the driver perhaps two seconds of reaction time after passing through an intersection..I am not aware of a city that uses more than 150 feet as a standard. Next, we should consider the design of a driveway given the use. The more traffic that NN-ill be using a driveway, the higher the standards that should be used. A driveway into a major mall would be required to use acceleration and deceleration lanes into and out of the site. Large radius curb returns, with islands, would be used to allow turns into and from the property at higher speeds. Two to three lanes would be used in each direction, probably separated by a raised median, and with a throat depth of 50-150 feet to allow traffic to stack. This design would then range down to minor retail driveways that may be 26-28 feet wide, use a 15 - 20 radius at the comers; be two way, and access the propem•directly with only one car stacking in the throat. The design of the driveway will depend on the amount of traffic into and out of the site. For a small retail site the smaller, less features would be appropriate. Then, the number of driveways for a giverksite should be considered. One theory is to severely limit the number of driveways to a retail site and depend on very few driveways to handle all traffic. This would require a very high level design and may actually cause some congestion at that driveway. Another approach is to allow a few more driveways and allow each to support the other by spreading the traffic along several points of access. This allows the dispersion of the site traffic into and out of the development. Generally where the number of driveways is restricted, traffic signals, four way stops, and other controls are many times installed to help control the site traffic's interface with the traffic on the street. Where more driveways are used, yield or single stop-signs, or even no control, are adequate. �e.Ay� &,i�.exretee • •From:Don Penny To Lindy Balew Date:12l21l1998 rime.3.05:38 PM Page 4 of 5 The general concern about the location seems to rightly be the safety of the driving public. I an not aware of where the standards for requiring a driveway to be located 250 - 300 feet away from an intersection originated. I am aware of few intersections that a drivewav is not located within the first 100 - 150 feet downstream, and am not aware of another regional city that requires such a setback. The general response of drivers once they are past the intersection seems to allow driveways closer than that being discussed on your site. My experience over the last 22 years with various cities and over the past five years in traffic engineering consulting indicate that safety is not significantly compromised by allowing driveways within the first 75 - 150 feet of major intersections. I have reviewed the site plan that you provided to me, but have not had the chance to do any actual traffic analysis as far as trip generation for the site is concerned. Also, I have not had the opportunity to obtain projected traffic volumes from any source for Davis Boulevard or for Continental Boulevard. All this information is used to analyze the site with respect to the adjacent street system, and to provide information about the impact of the location of driveways closer to Continental Boulevard on Davis Boulevard than is shown on your site plan. While the requirement of no driveways within the first 300 - 500 feet is extraordinary, the standard is admirable, if not practical. In terms of moving traffic, it is desirable to have absolutely no driveways accessing an arterial street. And while protecting major intersections with such standards will help traffic, it does penalize the adjacent property owner. I have seen the 500 feet standard used only for major trip generators, such as The Parks Mall in Arlington. And most of these driveways handle traffic equivalent to arterial streets, and are signalized. While not having benefit of the completion of a traffic impact study or analysis, my first impression of the requirement of a driveway located 500 feet away is that it will concentrate all entering and exiting traffic at this one point, and cause more problems than it will solve. A concentration of a great deal of slow moNing traffic at one point will cause more congestion than several points with a great deal less traffic. It would appear that this one point of access will create a problem that will have to be handled later with additional on-street traffic control. My initial reaction to this requirement is that you should have at least one additional driveway approximately 100 - 200 feet north of Continental Boulevard to better distribute both the traffic on your site, and the on-street traffic. This location 8� 7 r From:Dnn Penny To:Lindy Balew Date:12/21/1998 Time:3:05:38 PM Page 5 of allows adequate driver reaction time after passing through the major intersection to respond to tragic ahead of them, and should present no ekident traffic safety issues. I will be happy to prox-ide additional information to you with respect to further traffic anah•sis at your request. It Nvill take approximately two weeks to gather the information and pro-7de an adequate traffic impact analysis with respect to the street system and site traffic interface. Sincerely, U Don Penny,P.E. Principal, Penny& Associates s �uog &.staeeuatss 13A_CS City of Southlake, Texas - SITE PLAN REVIEW SUMMARY No.: ZA 98-136 Review No: Three Date of Review: 1/15/99 Project Name: Site Plan for C-2 Zoning Request on Lot 5 T. J. Thompson No 1502 Addition Davis Boulevard Center(North Lot) i APPLICANT: ARCHITECT: Segal Enterprises k12 Inc. Design Education Facility Specialists 1907 Pebblewood Drive 128 E. Texas Street iArlington. Texas 76006 Grapevine. Texas 76051 Phone: (817) 226-8857 Phone: 817) 431-1129 Fax: (817) 274-3278 Attn. Lennie Segal Fax: (817) 488-3437 Attn. Lindy Ballew CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/11/99 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 LISA SUDBURY AT(817)481-5581, EXT. 862. * This property lies within 400 feet of single family residential property, triggering the Residential Adjacency Standards of Ordinance No. 480 - CC. Proposed Lot 3 is potentially a lot to be developed as a portal entry. The applicant has worked with the City to establish the lot/location. No trails are required on this site. i The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: I a. Provide the minimum driveway spacings. Davis Driveway Req'd Spacing Proy'd Spacing Deficiencv To Continental Intersection 500' 273' 227' To North Drive @ Mirage 500' 129' 371' (P&ZAction 117199:Allow as shown) i i b. Provide the minimum stacking depth. Driveway Req'd Stacking Proy'd Stacking Deficiency Davis Driveway 75' 50' 25' (P&ZAction 117199: Allow as shown.) NOTE: Stacking requirements are based on the total number of parking spaces served by the development(171) and the total number of driveways (3). This development includes: 15 spaces within this site, 56 spaces on the southern, adjacent lot, and 100 potential estimated spaces on the undeveloped tract to the east. (Assume 37 spaces per acre which is typical of office/retail development in Southlake). Driveways include 1 additional drive on the eastern most boundary- of i the eastern lot. I i City of Southlake, Texas C. Provide Common Access Easements 2 foot wider and centered over common driveways. The following changes are needed regarding bufferyards and interior landscaping: I a. Correct the length of the required south bufferyard to 215'. provided 60'. The number of plantings appear to be correct. Please note the applicant has corrected the charts based on information provided by staff, however, after further evaluation staff has revised the review again and asks the applicant to make these changes. b. Provide a 5' - Type A bufferyard along the common property line of Lots 4 and 5. The applicant is requesting to reduce the length by 155' of the required bufferyard and relocate this bufferyard to islands south of the building due to the common drive location. C. Add "Type A"to the label on the north bufferyard. 3. All structures having 6,000 square feet or less footprint shall be constructed with a pitched roof. The drive-through proposes a pitched roof. The applicant requests an exception to this requirement with the mansard roof on the primary 3,000 square foot building. (P&ZAction 117199:Accept roof design as shown.) 4. Show, label, and dimension easements on or adjacent to the site, consistent with the plat. i 5. Provide the adjacent property owner's name, existing zoning, and land use map designation ("L.U.D.= ") for all properties, including properties across any adjacent right-of-way. Several numbers shown in the Site Data Summary Chart are the same as the previous submittal. These numbers appear to be incorrect as the number of parking spaces has decreased, etc. Correct the following Site Data Summary Chart items: Site Data Summary Lot-t Open Space Area (Verify based on new plan) Open Space% (Verify based on new plan) Gross/Net Acreage (No right-of-way dedication,area should be the same?) Impervious Coverage (Verify based on new plan) 7. It appears this lot exceeds the 70%maximum impervious coverage. Impervious coverage of site is approximately 72%. An additional 1% of impervious coverage area can be permitted for every 2' of width increase in the bufferyard along the west and 1' of width increase in the bufferyard width along the north, south& east, up to a maximum of 5%. 8. Dimension the distance from building to property lines. 9. Show the location, orientation, type and height of any intended lighting, signs, and exterior auditory. Revise the site data chart and title block to reflect the "SP-1 Zoning Request" for Lot 4. JYa'1 d City of Southlake, Texas - 11. There are some discrepancies between the site plan Sheet A.01 & the landscape Sheet A.02, including labeling of sidewalks, fences etc. which need to be corrected. The "8'/ Brick" notation regarding fencing in the north bufferyard should be removed from the landscape charts, no fencing is required.L . i P&-ZAction: January 1999;Approved(4-1-1) subject to Site Plan Review Summary No. 1, dated December 31, 1998. as noted above and ivith the following modifications: • delete two parking spaces in the northwest corner and continue bt fferyard east and west. i * Common driveways require the dedication of a Common Access Easement on each affected property (Driveway Ordinance No 634, Section 5.2.e). The off-site CAE will need to be dedicated by separate instrument. A dimensioned exhibit with legal description defining the area of the CAE prepared by a registered professional land surveyor must accompany the written/legal agreement. A CAE from the adjoining property owner on the east must be filed of record and copies provided to the City prior to issuance of a building permit. Consult with the City Planning Staff in preparing the easement and prior to executing and filing the easement. i * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. i * 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, Water& Sewer Impact and Tap Fees, and related Permit Fees. I I * Permission from the adjoining property owner to the east must be obtained prior to any construction on that lot. A permit from TxDOT must be obtained prior to any curb cut along F.M. i 1938. i * Denotes Informational Comment I cc: Garry L. 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TO THE CITY OF SOUTHLAKE' �I z.t / VOL. 12141, PG. 022 N00.i?2'00'W 40:i.00 N- N I// N DAVIS BOULEVARD W.M. 111930) o z ASPHALT PAVING Z Z_Z5 O W (L oa Sa - lS , CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-298 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 NORTHERN PORTION OF TRACT 1131,SITUATED IN THE T.J.THOMPSON SURVEY, ABSTRACT NO. 1502, AND BEING APPROXIMATELY 0.55 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL 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 L:TITYDOMORDTASESW80-298.W PD Page 1 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 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 L:\CITYD0CS\0RD\CASES\480-298.W PD Page 2 O �� I to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City. and. WHEREAS,the City Council of the City of Southlake.Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: L\CITYD0CS\0RD\CASES\180-298.WPD Page 3 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 northern portion of Tract 1 B 1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately 0.55 acres, and more fully and completely described in Exhibit "A" from"AG" Agricultural District to "C-2" Local Retail Commercial District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B". SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections. paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the L:\CITYDOCS\ORD\CASES\480-298.WPD Page 4 streets; to provide adequate light and air; to prevent over-crokvding 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 L:)rdinance. 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. L:\CITYDOCS\ORD\CASES\480-298.WPD X '! Page 5 V Z.T SECTION 8. All ri;hts 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. L:,,CITYDOCS\ORD\CASES\480-298.WPD Page 6 PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CITYDOCS\ORD\CASESN490-299.WPD Page 7 EXHIBIT "A" Metes and bounds description unavailable for first reading. L:\CITYDOCS\ORD\CASES\480-298.WPD �^ 29 Page 8 EXHIBIT "B" z LD I L ............ zc v. a. u ace vc IV AN R CO3 ;T F 'N'j) OUVA3inoo SIAWO L L:\CrryDOCS\ORD\CASES\490-298.WPD Page 9 ?6-- 28 City of Southlake, Texas STAFF REPORT January 15, 1999 G CASE NO: ZA 98-156 PROJECT: Ordinance No. 480-297-First Reading/ Rezoning and Site Plan/Tom Thumb Center STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Lot 3, and a portion - of Lots 2 and 4,L.B.G. Hall No. 686 Addition,an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1216, Plat Records, Tarrant County, Texas, and a 1.174 acre portion of Tract 1 C2 situated in the L.B.G. Hall Survey, Abstract No. 686, for a total acreage of approximately 7.691 acres. A Site Plan for Tom Thumb Center will be included with this request. PURPOSE: Rezoning and Site Plan approval required for new development. LOCATION: On the northwest corner of the intersection of North White Chapel Boulevard and West Southlake Boulevard (F.M. 1709). OWNER: EPIPD-Southlake No. 1, L.P. APPLICANT: Bury &Pittman - DFW, Inc CURRENT ZONING: "CS" Community Service District and "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses excluding the following uses: frozen food lockers for individual or family use,not including the processing of food except cutting or wrapping;bowling alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; lodges, sororities and/or fraternities;medical care facilities to include nursing and 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; mortuaries, funeral homes and undertakers; skating rinks, ice and roller (indoor only); and taverns, clubs and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of Zoning Ordinance No. 480. City of Southlake, Texas REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses. AMENDED REQUEST: Per letter dated January 12, 1999: "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses excluding the following uses: frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping;bowling alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; lodges, sororities and/or fraternities;medical care facilities to include nursing and 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; mortuaries, funeral homes and undertakers; skating rinks, ice and roller (indoor only); taverns, clubs and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of Zoning Ordinance No. 480, and movie theaters. LAND USE CATEGORY: Retail Commercial NO.NOTICES SENT: Ten(10) RESPONSES: One (1)response was received within the 200' notification area: • Don Mullman, 803 Pearl Dr, Southlake, TX, in favor.(Received December 31, 1998). Ninety-nine(99)responses were received outside the 200'notification area: • Frank and Nancy Cangelosi, 225 Bent Creek Ct, Southlake, TX, in favor. (Received January 13, 1999). • Bob Couch, 2535 Union Church Rd, Southlake, TX, in favor (Received January 13, 1999). • Clint Duval, 916 Turnberry Ln, Southlake, TX, in favor, "Please give approval for a new Tom Thumb to fill the old Food Lion space. Eckerd's is willing to move to provide additional space." (Received January 13, 1999). • A. W. Haney, 400 Brock Dr, Southlake, TX, in favor. (Received January 13, 1999). • Jeanne Hoferer, 903 Brazos Dr, Southlake, TX, in favor, "The corner of 1709 & White Chapel with the empty Food Lion facility looks bad for the city. It looks vacant&run down. It is the heart of the city." (Received January 13, 1999). City of Southlake, Texas • Martha E. Horton, 320 Brock Southlake, TX, in favor. (Received January 13, 1999). • Susan Pace, 585 Shady Oaks Ln, Southlake, TX, in favor, "I would like to register my vote to put the new Tom Thumb grocery store in the shopping center at the corner of White's Chapel." See attached letter. (Received January 13, 1999). • Mark and Angela Silagy, 510 Fox Glenn, Southlake, TX, in favor, "We support Tom Thumb's request for approval to construct a store at the above location, and encourage all City Council members to vote yes on this matter." (Received January 13, 1999). E.I. Wiesman, 2607 W. Southlake Blvd, Southlake, TX, in favor. _ - Received January 13, 1999). • Jennifer Shea, 1115 Travis Ct, Southlake, TX, in favor, "It has come to my attention that the P&Z Commission has rejected Tom Thumb's proposal to renovate and occupy the vacant space at Crossroads Square Shopping Center due to open space issues. It is inconceivable to me that they would prefer the property to be vacant. I currently shop at Tom Thumb in Grapevine and would welcome them in Southlake. I request that all City Council members vote yes to this proposal." (Received January 14, 1999). • Jeanne Ellermeyer, 1338 Forest Ln, Southlake, TX, in favor, "Vote yes for the Tom Thumb. That shopping center has been an empty eyesore for years! Anything is better than what's there now. The risk you seem willing to take by turning them down is nowhere near what you may gain by trying to strong- arm them. Vote YES to Tom Thumb. Besides, the bagels are better there." (Received January 15, 1999). • Janice L. Francis, 1211 Ashmoore, Southlake, TX, in favor. (Received January 15, 1999). • Steve, Ellen, Grayson, Brian & Logan Hull, 1356 Ten Bar Trail, Southlake, TX, in favor, "Our family wants to encourage ALL City Council members to vote YES to the proposed Tom Thumb at Crossroads Square Shopping Center at next Tuesdays meeting." (Received January 15, 1999). • Carol and Roger Hutton, 1900 Shady Oaks, Southlake, TX, in favor, "Favorable use of the center-get as close as you can to current requirements - but get the store there." (Received January 15, 1999). • Alan Jones, 516 Fox Glenn, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). aA-3 City of Southlake, Texas • Jeff Roach, 3100 Woodland Dr, Southlake, TX, in favor. (Received January 15, 1999). • Betsy Horowitz, 600 Regency Crossing, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). • Mike Riley, 1305 Meadow Ridge Ct, Southlake, TX, in favor, "I feel a Tom Thumb would be a great asset to the strip mall and its clients because of convince and need." (Received January 15, 1999). • Krista Klein, 1101 Crockett Ct, Southlake, TX, in favor, "We need to improve the look of the center to match the rest of the 'upscale' demographic." (Received January 15, 1999). Mary Blalock 707 Wyndsor Creep Southlake, TX, in favor, - "convenience,upgrade shopping center, tax base." (Received January 15, 1999). • Jane-Middlebrooks, 606 Melrose Ct, Southlake, TX, in favor, "beautification of the neighborhood. I don't like empty shopping centers!" (Received January 15, 1999). • Janice Barnhart, 402 Oxford Ct, Southlake, TX, in favor. (Received January 15, 1999). • Pat Vallentiny, 705 Oak Hill Dr, Southlake, TX, in favor, "I am strongly in favor to have Tom Thumb, an upscale retail market in this location & support our tax base!" (Received January 15, 1999). • Maria Handley, 905 Nottingham Cr, Southlake, TX, "Underutilize center now. Eyesore. Need to use space already there." (Received January 15, 1999). • Cynthia J. Conrads, 108 Springbrook Ct, Southlake, TX, in favor, "convenience, I hate driving to Grapevine. Southlake needs Tom Thumb. Southlake $ is currently going to Grapevine." (Received January 15, 1999). • Kurt D. Miller, 1196 W. Continental Blvd, Southlake, TX, "We have been promised for the last 5 years Tom Thumb was moving into the old Food Lion space. This shopping center is beginning to look old and rundown because of this vacancy. We need a strong anchor in this center." (Received January 15, 1999). • Paula Conner, 117 Yale, Southlake, TX, in favor, "Why not! This would be so convenient. It would bring a lot of revenue." (Received January 15, 1999). • Kurt D. Miller, 1196 W. Continental Blvd, Southlake, TX, in favor, "Tom Thumb will be an excellent anchor tenant that will attract customers to neighboring tenants & businesses." (Received January 15, 1999). • Kathleen Zidell, 709 Kleberg Ct, Southlake, TX, in favor, "Need grocery store close by!" (Received January 15, 1999). gAA City of Southlake, Texas • Mary Lou Parmer, 709 Timber Lake Cr, Southlake, TX, in favor, "We need a good Tom Thumb in the area!" (Received January 15, 1999). • Siv Zitnik 340 Green Oaks Ln, Southlake, TX, in favor, "I have 5 children. We eat a lot. I go to the grocery store a lot and I'm tired of driving to Grapevine." (Received January 15, 1999). • Mary Lou Vincent, 1019 Alamo, Southlake, TX, in favor. (Received January 15, 1999). • Darlene La Pilusa, 207 Lake Crest, Southlake, TX, in favor. (Received January 15, 1999). • Jan Knight, 807 Huntington Ct, Southlake, TX, in favor, "Tom _ Thumb locating in the old Food Lion Building. I am opposed = o-Lowes opening in Southlake when we need other business so desperately." (Received January 15, 1999). • Jennifer Snodgrass, 2145 N. Peytonville, Southlake, TX, in favor, "benefits to the surrounding business area, good use of facility -quality business." (Received January 15, 1999). • Kim Kolar, 1416 Park Place, Southlake, TX, in favor, "The empty building is an eyesore and a Tom Thumb would be greatly appreciated. I now currently shop in Grapevine at their Tom Thumb. Southlake needs a Tom Thumb so we can benefit, too." (Received January 15, 1999). • Ken and Barbara Boerner, 712 Inwood Dr, Southlake, TX, in favor, "Southlake needs the tax revenue & the current White Chapel& Southlake Blvd. must be utilized, it is wasted space." (Received January 15, 1999). • Linda J. Bank, 1305 Normandy Ct, Southlake, TX, in favor, "convenience for shopping plus improvement to the area by filling an empty store." (Received January 15, 1999). • Chris Williamee, 804 Pearl Dr, Southlake, TX, in favor, "I live in Southlake and buy my groceries at Tom Thumb in Grapevine. I'd like to have a tax break in Southlake." (Received January 15, 1999). • Fred A. Williamee, 804 Pearl Dr, Southlake, TX, in favor, "This would be a great convenience for shopping." (Received January 15, 1999). • Mary Jo Chambers, 1505 Coryell Ct, Southlake, TX, in favor. (Received January 15, 1999). • Andrew M. Carlton, 908 Hillcrest Trail, Southlake, TX, in favor, "Tom Thumb has better variety of goods - I am driving to Grapevine now. Southlake needs the tax base." (Received January 15, 1999). 0A-5 City of Southlake, Texas • Carol, Steve, Jimmy, Lauren Ovelgonne, and Marjorie Lawrence, 1352 Ten Bar Trail, Southlake, in favor, "We would like to have all city council members vote YES to the proposed Tom Thumb grocery store at the Crossroads Square Shopping Center." See attached letter. (Received January 15, 1999). • Gail Parnell, 110 Ascot Dr, Southlake, TX, in favor, "Save Tom Thumb! We need Tom Thumb. We want Tom Thumb, it is a GREAT Store! Hasn't that space been empty long enough??? Please Vote to Save the Tom Thumb project!" (Received January 15, 1999). • Martin Schelling, 2665 N. White Chapel Rd, Southlake, TX, in favor. (January 15, 1999). =-Betty Springer, 1024 Mission Dr, Southlake, TX, in favor, "Tom Thumb would be an asset to this center." See attached letter. (Received January 15, 1999). • Robert S. Mundlin, 1658 Royal Oaks Ct, Southlake, TX, in favor. (Received January 15, 1999). • Robin Blackburn, 1003 Chimney Hill, Southlake, TX, in favor. (Received January 15, 1999). • Donna Dant, 1406 Cambridge Crossing, Southlake, TX, in favor, "It would be a great addition& support our tax base." (Received January 15, 1999). • Joan Mayer, 903 Turnberry Ln, Southlake, TX, in favor. (Received January 15, 1999). • Frances P. LaFavers, 620 S. White Chapel Blvd, Southlake, TX, in favor, "We need a grocery store close!" (Received January 15, 1999). • Ken Stone, 1502 Irion Ct., Southlake, TX, in favor, "the present eyesore for tax advantage." (Received January 15, 1999). • Lance B. Hight, 1709 N. Carroll Ave, Southlake, TX, in favor, "Shopping convince/Old Food Lion is eye sore. Tax revenue." (Received January 15, 1999). • Rhonda Hight, 1709 N. Carroll Ave, Southlake, TX, in favor, "Southlake could benefit from tax revenues not being generated now. The vacant building is an eye sore & we need more shopping convenience." (Received January 15, 1999). • Darla G. Christiansen, 580 Truelove Trail, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). • Rebecca Goodman, 1555 Bent Creek Dr, Southlake, TX, in favor, "More options for grocery shopping and for the revenue they'll generate for Southlake." (Received January 15, 1999). • Margaret M. Long, 1219 Timberline Ct, Southlake, TX, in favor, "Tom Thumb is an asset to any city - Support tax base." (Received January 15, 1999). U City of Southlake, Texas • Susan Bondy, 306 Timber Lake Dr, Southlake, TX, in favor, "The Tom Thumb would be beneficial to the people of SL - SL $ would go here instead of to Grapevine Tom Thumb." (Received January 15, 1999). • Sandy M. Teer, 808 Columbia Dr, Southlake, TX, in favor, "I would like a closer groc. store." (Received January 15, 1999). • Dorothy Owen, 480 Shady Oaks, Southlake, TX, in favor. (Received January 15, 1999). • Patricia Van Buskirk, 107 Belmont Place, Southlake, TX, in favor. (Received January 15, 1999). • Shane Ridenour, 508 San Juan Dr, Southlake, TX, in favor. (Received January 15, 1999). —S'hawna Jenkins, 705 Shorecrest Dr, Southlake, TX, in favor. (Received January 15, 1999). • Ellen Melvin, 108 Parkcrest Dr, Southlake, TX, in favor. (Received January 15, 1999). • Hanna Fowler, 100 W. Southlake Blvd, Ste 310, Southlake, TX, in favor. (Received January 15, 1999). • Diana Panther, 1502 Spruce Ct, Southlake, TX, in favor, "Tom Thumb would be a great asset to the appearance of this end of 1709." (Received January 15, 1999). • Joan Wellborn, 908 Suffolk Ct, Southlake, TX, in favor, "Convenience to area residents - beautification of area through building & landscape improvement." (Received January 15, 1999). • Jean Boland, 625 Oak Hill Dr, Southlake, TX, in favor, "much needed." (Received January 15, 1999). • Cheryl Hickey, 109 Killdeer Ct, Southlake, TX, in favor, "would like Tom Thumb close by, would help the shopping center." (Received January 15, 1999). • Shellee Wheeless, 401 Sheffield Dr, Southlake, TX, in favor, "I think it would be an 'eyesore' to a beautiful community. I would love to see a Tom Thumb in Southlake." (Received January 15, 1999). • Christine Cook Hutson, 904 Hidden Meadow Ct, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). • Dayle Hallnert, 4500 N. White Chapel, Southlake, TX, in favor. (Received January 15, 1999). • June Haney, 400 Brock, Southlake, TX, in favor. (Received January 15, 1999). • Susan E. Beck, 1313 Kings Brook Ct, Southlake, TX, in favor. (Received January 15, 1999). • Cissie Cargill, 1204 Bowie Ct, Southlake, TX, in favor, "We need another grocery store in the area, and I think it would be helpful in revitalizing the shopping center, keeping tax dollars aA-� City of Southlake, Texas in Southlake(currently I shop at Tom Thumb in Grapevine)." (Received January 15, 1999). • Ellen G. Lenart, 501 Timber Lake Way, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). • Breanna Beck 1410 S. White Chapel, Southlake, TX, in favor. (Received January 15, 1999). • Patricia G. Lease, 370 S. Peytonville, Southlake, TX, in favor, "We need a Tom Thumb." (Received January 15, 1999). • Pamela R. Griffin, 3002 Briar Lane, Southlake, TX, in favor, "We need it and it would be good for Southlake in Taxes." (Received January 15, 1999). Jef�Massey, 1200 Kimball, Southlake, TX, in favor. (Received -Faiivary 15, 1999). • Jamie Taylor, 1303 Plantation, Southlake, TX, in favor, "Because it has been empty for years and makes the center look unused." (Received January 15, 1999). • Wanda Gritton, 917 Independence Way, Southlake, TX, in favor, "nice grocery - eyesore now." (Received January 15, 1999). • Mike Thompson, 100 W. Southlake Blvd, Southlake, TX, in favor, "This center is an eyesore. New center is a real plus for city,merchants, and the income. If Tom Thumb doesn't come the center will get real empty. Ekerd's,Dana's, and probably 3- 4 more will leave. That is the worst thing for everyone." (Received January 15, 1999). • Rene Chiera - Hughes, 800 Columbia Dr, Southlake, TX, in favor, "This area needs the updated architecture and this would also allow for additional tax dollars for the city." (Received January 15, 1999). • Elaine and Dee Perkins, 1350 Bent Creek Dr, Southlake, TX, in favor, "For the tax base; to complete the shopping center by . having Tom Thumb grocery." (Received January 15, 1999). • E.L. Beck 1410 S. White Chapel, Southlake, TX, in favor, "Tom Thumb-is the only place we shop - I drive into Grapevine or Watauga to do my shopping. Tom Thumb deli (Boar's Head) &meat dept. are superior to other chains." (Received January 15, 1999). • Leigh Ann Ward, 2010 E. Dove, Southlake, TX, in favor, "Please do something to improve the property that was Food Lion 5 yearsago." (Received January 15, 1999). • Susan Newton, 100 W. Southlake Blvd 340, Southlake, TX, in favor, "for the good of Southlake, the center, and the general area." (Received January 15, 1999). • Carole Radford, 100 W. Southlake Blvd Ste 340, Southlake, TX, in favor, "for the welfare of the center and the rest of its �p-a� City of Southlake, Texas occupants, and for the convenience and welfare of the citizens of Southlake." (Received January 15, 1999). • Holly A. Heatly, 100 W. Southlake Blvd, Southlake, TX, in favor, "It would be in the overall best interest of the community and the tennants to proceed with the zoning change." (Received January 15, 1999). • Sean Cerone, 100 W. Southlake Blvd, #340, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). • Donna D. Smith, 1627 E. Southlake Blvd, Southlake, TX, in favor. (Received January 15, 1999). • Michael Madison, 1338 Meadow Glen, Southlake, TX, in favor, "I like Tom Thumb." (Received January 15, 1999). "`j'ane A. Dake, 1209 Meadow Ridge Ct, in favor, "Incoming taxes -convince." • Sara G. Handwerk, 441 Marshall, Southlake, TX, in favor. (Received January 15, 1999). • Steven L. Courchesre, 1313 Kinsbrook Ct, Southlake, TX, in favor. (Received January 15, 1999). • Sandra Rietig, 200 Silverwood Ct, Southlake, TX, in favor. (Received January 15, 1999). • Carol Rudnickas, 805 Parkdale Dr, Southlake, TX, in favor, "We need it! The empty store and lot is an eyesore!" (Received January 15, 1999). • R. White, 806 Kleberg Ct, Southlake, TX, in favor, "for improved site appearances." Three (3) responses, without an address, were received: • Terri Hunter, Northeast Tarrant Tennis, in favor, "I am writing to support having Tom Thumb at Crossroads Square shopping center." See attached letter. (Received January 15, 1999). • Sandy Harrison, in favor. (Received January 15, 1999). • Stacy Mead, in favor. (Received January 15, 1999). • Marsha Gray, in favor. (Received January 15, 1999). A petition, with four hundred ninety-four (494) signatures, was received on January 15, 1999, in favor. P&Z ACTION: January 7, 1999; Denied(4-2). STAFF COMMENTS: This property previously appeared before you as a Revised Site Plan which included the proposed Tom Thumb Center,proposed Eckerd's site and a Zoning Change request for a 1.17 acre tract. Prior to the City Council taking action on that request,the Zoning Administrator determined that the revisions proposed on the Tom Thumb Center site 0A-4 City of Southlake, Texas constituted the need for-rezoning of the entire Tom Thumb Center property boundary. The submittal was revised such that only the Eckerd's portion went forward to Council and the Tom Thumb Center portion was withdrawn and resubmitted as a zoning change with site plan. A copy of the Zoning Administrator's opinion letter is attached. Also attached is Site Plan Review Summary No. 2, dated January 15, 1999. Due to the P&Z Commission's recommendation to deny,a super- majority vote (6 of 7) of the City Council will be required to approve this request. L.\COMDEV\WP-FILES\MEMO\98CASES\98-L%Z-§.WPD rx -IO City of Southlake, Texas MEMORANDUM December 9, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Interpretation regarding"S-P" Zoning Districts This memorandum responds to_questions raised during discussion of the Tom Thumb/Eckerd's cases regarding the processing of"S=P"Districts: 1) when is a concept plan or site plan in substantial conformance,2)when should a revised concept plan or site plan be processed and 3) when should rezoning occur. Purpose and Intent First, I would like to set forth my understanding of what the purpose and intent of the "S-P-2," Generalized Site Plan District and the "S-P-1,"Detailed Site Plan District is. These districts were created "to permit flexibility of area regulations while restricting usages" as well as "to promote new planning concepts,to develop multiple land uses, and to establish compatible land uses within a more restrictive neighborhood."Historically,both of these districts have been treated as what-you- see-is-what you-get districts. When properties are zoned in this manner, their development is subject to the underlying district regulations or to special development standards approved at the time of the zoning. Substantial Conformance of a Site Plan There are two instances where "substantial conformance" is an issue: 1) the substantial conformance of a site plan submitted after prior approval of a concept plan and 2) substantial conformance of a revised site plan after prior approval of a site plan. When an applicant presents a site plan with no changes or with only minor changes, then it is deemed be in substantial conformance. Although there are no hard-and-fast rules to make this determination; typically, an example of a minor change would be 1) small increases or reductions in a building's footprint or overall square footage for a building in the location approved on the prior plan; 2) making two buildings out of one larger building; or 3) having a two-story building reduced to a single-story building, but again with the proposed buildings being in the same general configuration as previously approved. Important to note is that no apparent increase in the intensity of the development should occur from that originally proposed. Processing Revised Plan However, should the site plan reflect a significant change to only one of the building's footprint or overall square footage, with no changes to any other buildings/structures and with no obvious increase in the intensity of the development, then a revised plan could be processed. Note that no changes to the development regulations (i.e., height, setbacks, 4:1 ratios, maximum or minimum floor areas, percentage of lot coverage, percentage of impervious coverage, parking, etc.) can occur during this phase of approval, unless specified in one of the development-related O1- 11 City of Southlake, Texas ordinances (e.g., landscape, bufferyards, driveways, corridor overlay standards, or residential Curtis E. Hawk, City Manager December 9, 1998 Page Two adjacency standards). Zoning establishes the uses and the development regulations. Processing Rezoning Application When a S-P-zoned property increases its original size (causing an increase in the intensity of the development) or when the site plan significantly changes from the previously approved plan, then a new zoning application,must be processed. Again, I feel that based on the premise that the "S- P'- districts are What-you-see s-Ad, you-get districts, then any major deviations from the original plan should constitute a rezoning. Furthermore, it is my belief that adjacent property owners or other interested parties should be able to leave the zoning hearings with a reasonable expectation that construction will conform with the previously approved plan and be able to rely on the plan meeting the development regulations (i.e., height, setbacks, etc.) set forth at the time of the rezoning. Tom Thumb/Eckerd's Rezoning Case Specifically in the case of Tom Thumb, the site plan incorporated Lot 3 in its entirety and a portion of Lot 4 as well as adding the 1.174 acres to the North of the original site. This results in an increase of 5,244 s.f. of lot area (proposed Lot 2Rl), being the net increase from the original Lot 2. The total retail space was increased by 28,475 s.f. which represents a 42% increase in building floor area. Originally, Lot 2 was required 330 spaces and was granted a variance to allow 302 spaces with the understanding that they acquired a reciprocal agreement with Lot 4 for the use of approximately 14 spaces. The current proposal requires 511 spaces with 328 spaces provided. The site is now required to meet the newly adopted impervious coverage requirement which is 75% with the option of 80% if increased planting or natural areas are provided. According to the applicant's consultants, the site's impervious coverage is approximately in the 88% to 90% range as shown on the current plan. Recommendation Therefore, due to the following three (3) reasons, I feel that a rezoning of the proposed Lot 2R1 is in order: 1) the additional land area exceeds the metes and bounds description filed with the original ordinance approval; 2)the increased parking demand exceeds the limits (i.e., development regulations) granted in the original request; and 3) the increased floor area ratio ("FAR") relationship resulting in less open space creates a more intensive development. To resolve this situation, the applicant would have to obtain a variance to the 75% maximum impervious coverage requirement from the Board of Adjustment, or he would have to request that the Council grant him during the rezoning a development regulation in excess of the maximum impervious coverage allowed other "C-3" properties. In summary, I recommend that the following action be taken by the applicant and the Council: 1) that the rezoning case ZA 98-133 be withdrawn and resubmitted as a S-P-1 rezoning to include a site plan for all of Lot 2R1 in its entirety; 2) that the site plan in ZA 98-134 be allowed to 9A- �a City of Southlake, Texas continue as an amended request for approval of the Eckerd's site only; and 3)that the plat revision in ZA 98-135 be tabled until the February 2, 1999 meeting in order to allow the new zoning case to be heard on the same agenda. Curtis E. Hawk, City Manager December 9, 1998 Page Three I further recommend that any future applicant seeking "S-P" zoning should submit specific development regulations clearly establishing the minimums/maximums for each of the development criteria. This would provide more quantitative criteria should deviations occur on any subsequent plans and would remove some of the "gray" areas currently left to staff s interpretation. Appeal As is the case in all zoning-related interpretations / opinions, the applicant or any aggrieved party may appeal the decision to the Board of Adjustment. Should you have questions or comments regarding the above, please call me at (817) 481-5581, extension 743. KPG QR-�3 qQnll �_� FL^biw Y�Me iUU "W w I 16 Fax 6ienn I amM of C"V S&0ETAXV I 5outhlake, TX 76092 - 817-481-2610 sS-Onk-JOIC Cary Louncii Members City Of Southiake 667 tL Carroll Ave. 5outhicke• Tx 76092 Dew Council: I am writing to let you know how strongly the citizens of Southlnke nre rewinti n nn a e,*�" meiority vote to approve the Torn ThLsnh site nln,.n_Q nr&'00•„+..1+O pL,.�.�;�•,.,.,.,1 7,._.,,. T eon r1P11 roan•-+1.�.++1—-;.r.a fAI.._._, id.L..•.•..;..., �-1--- . � 11 c y•. w�vow v.v a..qj..I j w11 ICI Yvca iW1 riwe all of tp0ar3 �r•t:�11�.iirw w.••.i`%..__i� w.r •1 J__� �.► -t aL_ .L-__ 1 1 1"'- •--ft- v..v i/v, P %ace iw1 11mcl Ilse Inree t*mlrt OIO impervious '�` WU "t ctmssrri Ir1�f in airs KIT and hopefully as our I_�.a_J _u:_:_1_ I_ , , , Z.c�Icu v111V1vra,YOu arc *n ft icn eno*wi- The general citizenry tO reahze these things vu Wt`wwjt11cr is then{eim'er, in thj I hat WES matter to me and everyone with whom I have spoken, is the empty shopping center which sits in the heart of our town,and the possibility of allowing it to remain vacant,due to the technicalities of recently passed ordinances. The absence of a unanimous approvlal of this site plan would not he in+fi,h._+ +w—c+o f South lake,nor would it show that the eeoele hnve heen hon►.d 'rt,:s ;s„►._..c_�.;,,.,.,.,t_ whereby the bending of ru6A for the nr.nter nre-A_f+},e -J' 7- w•.•.l iv 4J741r1 NCI u11V*IIVLIY be tXercisrd. L, j.-- ...-.. _ • •'�� +��• t.:. vin LVIIIIi{inllly ur VtJlff9 7GS TO The lom Inunuw site planes Sincerely. Robin Jones Board Member Pork$d Recreation R�G'D !n N ? 3.1999 .ia„_�3_an i�•dap p_n3 C MUs 43 1.1wUl"few 1SannaC07nan1 PnM r Sent: WPdnesklav .lantinry 13. 1000 1n•n'j AM G It t� To: slearandOci.southlake-tx us, Subiect: (no subiect) f f f I f f1 f f fuel _*A i 1011 1 . L i o whom it May Concern: + OFFu-e ne __ f I would like to rwnister my vnto to nut tho Now Tnm Th„mh nrr enl at^re in the shopping center at the corner of White's Chapel. " y " v It is my understanding that several of the existing tenants moved out solely ior Pie purpose of accommodating Tom Thumb, and it would be ridiculous at this Poun d thc reason.for u,Vu I,IViIG RM1aJ V,VVnGV at II UJ IJlJil It Uy II IC filly Council It would also be a very convenient spot to shop in Southiake. The Tom Thumb company is one of the highest grade grocery-chains in our area,and I am cerla1„ that l„IIy wvuid I:erN.iil@ yiidliiy-vr•-inc-ceriierai iris highest ievei. PIP.'1Rt1 c:ntlnt my vnto Ff7R tho now Trim Th„mh in Cn,lthi-z4o Sincerely, -.... •--- - . . _ . ., . ._ .. ...,... .. ... ....,,.........,. Susan Pace Souihiake Resident 5e5s�cy. �rq R�G'D IA N 1 1999 g�-15 Sandra LeGrand F. -�: CameraAi@aol.com Thursday, January 14, 1999 5:36 PM slegrand@ci.southiake.tx.us Subject: Tom Thumb Store Dear City Council: JM 14 MW I have lived in Southlake since 1991. Crossroads Square was the first OFFICE OF CITY SECRETARY shopping center in town, and we were all thrilled at its arrival. Due to circumstances beyond the control of the shopping center, Food Lion vacated the center, leaving hole in the most sought after location in town. We now have an opportunity, after 6+years, to fill that void. Unfortunately, I understand that some of you are willing to let this opportunity slip away in order to get a predetermined amount of landscaping and architectural changes. Can you not see the forest for-the-trees? .Areyouu so out of touch that you cannot hear the people? Stop this foolishness and vote YES for the Tom Thumb. Our city NEEDS it, and ANYTHING will be better than what we now have. Respectfully submitted, Alan Jones 516 Fox Glenn Southlake P.S. Please don't use Walmart as an excuse to vote no. Walmart isn't empty, Walmart didn't make a land swap with the city, and Walmart does not currently j ize other businesses. Vote this issue on its own merits. aA-Ilv REC13 JAN 151999 1 Sandra LeGrand crom: COvelgonne@aol.com ►t: Thursday, January 14, 1999 5:35 PM _ Slegrand@ci.southlake.tx.us Subject: Tom Thumb Representative to City Council: We would like to have all city council members vote YES to the proposed Tom Liu Thumb grocery store at the Crossroads Square Shopping Center. We believe that Tom Thumb will do a great job in renovating the property site, Off10E OF C'Ty SECRETARY and have been wanting to see some business take over that property for the past several years. Anything Tom Thumb does to the property has to be better than the eye sore and tax burden that property has brought to us since Food Lion left. Tom Thumb seems to us to have a reputation for keeping up the property value and I know that the_interior of a Tom Thumb is superior to other grocery chains in the area: Please ALL council members take another look. We are tired of waiting! Thank you for considering this, Carol Ovelgonne Steve Ovelgonne Marjorie Lawrence Jimmy Ovelgonne Lauren Ovelgonne 1352 Ten Bar Trail Southlake, Texas 76092 )488-6415 REC'D JAN 151909 1 gp-Il t OriC The following ormf may be filled out and mailed to the City of Southlake,Planiia and Zonma Co of q 667 North Carroll Avenue,Soud Ue,Texas,76o92.- REFERENCE NO.: ZA 98-I SS I am (in favor o ) the request for the following reasons: J 1 SIG A 1••/"OV/ • (Please Print Name) n ADDRESS: 114 PHONE:__ Z-L C44— REC'D JAN 151999 The following Form may be filled out and mailed to the City of Southlake,Plannin and Zo 667 North Carroll Avenue,Southlake,Texas,76092. g °' REFERENCE NO.: (tow, i I ani (in favor of) (opposed to) (undecided about) the request for the following reasons:' SIGNATURE:( (Please Print Name) ADDRESS:_ J;�Gi //ZrG%►—i�' /i'GZ-i PHONE. T 1-7 7ee-7 IC'e),4� ,. // 46)C7 ,&,:� ,1 ' cu O C4 7 — 14 7(-- Al e OA7 REC'D JAN 151999 Thefollo -�'...._... - - - - -wing form may filled out and mailed to the City of Southlake,Planning and Zoning a nMUMIL. +: 667 North Carroll Avenue,Southlake,Texas,76092. , REFERENCE NO.: ZA 9� I am (in favor Of) (opposed to) (undecided about) the request for the following reasons-== = :__ -;:•, r1.!'.G- �•i5 ./ c+ �/^1/�`-+; ..�_/.'yew 1'- .- �� ✓-/CIS��:.,`/- ��-�)`L /(Please Print Print Name) _ '-� j- %,i/,%/Z ADDRESS: PHONL'E: C- ��J� '.J✓r Kam- ��. //-/i."%i/r��.--CAL J PZn JAN 151999 zng fcrm may filled out and mailed to the City of Southlake,planning and Zoning Commission `. 667 North Carroll:venue, Southlake,Te.�s,76092. - REFERENCE N0.: Z- I am, _ _ ..�(\ favor�.z� (opposed to). (undecided about) c.':e request ter t,e 1 w� r.� r� _ -_ -- - „_-==' =' SIGNATURE: ;// � i•%L-% ��'�-,�' .�;�Iyr�X ' C 7 _ MeasePrnttian:_) /I�i'r , ` ` i.'�� '�riC.��,/. :ILDDRESS:_ 42, PHONE: 14 �G Clio . y U �l-ZI The following form may be filled out and mZed to the City of Southlake,Planning and Zoning 667 North Carroll Avenue,Southlake,Texas,76092. n' REFERENCE NO.: 7A 9 -I jo I am in favor o,•' (opposed to) (undecided about) L<a request for the following reasons: SIGNATURE: J (Please Print Name} ,ADDRESS: =� t � v, '�3< - L:::;'� PHOtiE: �n 6� r ?`�,�� .0 I'L .��aC� — 411c�vhr�:, ►�1Y• rti. J lam:•;{•r'-� .�' �.-:z lzn �p-� WC'D JAN 151999 The following form may be filled out and mailed to the City of Soudilalce,Planning and Zo7 °� 667 North Carroll Avenue,Soud lake,Texas,76092. l5 REFERENCE NO.: ZA 98-156 JAN I am avor of) (opposed to) (undecided about) the request for the following re III, } +. ,/ / .O/FFICE OF CITY SECRETARY W144uIL are ui�� ?trtu nt- J11 7^-C CMS. ,� ara•�.r, 1 di 2.uj t.c,• St.Uca/!' .rc,c r•o � - 6.,3,�•.6.� SIGNATURE: (Please Print Name) ADDRESS:_ �cl�,c�F�j lys/ �3 yo PHONE: �'kM h wK 4/y�y 6 ems,,? a .A w ra� c•>L .4i�.s,�.�res ` (%.s�a rb?, M'v+�2s's'1/,� := S�u<'^'e i3 tn/ ice'► e ce-H e-?-- i'>I f&-e-s hW 7iO C. w.t u 0 d le ,6,1r, .ss af�vcvs�3cc > � =-` f�/I`�'f,Y� -�u fu�t �n.��'/i��►�C e ,�s.Zt rss rr.-r, �t- �3 4r t✓k �J v �Ns a s*z R�C'D J AN 15 �999� Sandra LeGrand TTRIPJ@aol.com Thursday,January 14, 1999 5:36 PM slegrand@ci.southlake.tx.us Subject: TOM THUMB Lju r I am writing to support having Tom Thumb at Crossroads Square shopping center. Not only do I want the Tom Thumb there, but I am entirely against having the OFFICE OF CITY SECRELk y new tennis center construction stopped. Please do your part in continuing the progress of the new tennis center in Southlake. You have hundreds of tennis players in the this community that voted for you and believe in you and expect you to do your part in helping us finish this project. This has been in the works for a long time and we are so close. Terri Hunter, Board Member Northeast Tarrant Tennis �A2� REn JAN 151°Q9 F'OFFICE Please-Save Our 'Tom Thu�7mbZonlY SECRETARr Zoning Case. ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. zz4 qz,, Name Address Z Phone 2 ccl _ _ . og Name ^p - Address- - -_ .� -- Phone N - dress Phone Address SIT. Phone Name IIv N Address `p Phone Address` ? d b �Y) 0- Sa it �e TY Phone N A ess / Phone ��(9 Ile Name dress Phone N Address Phone Name qd 93 - Phone x N Address 12. I Phone Name pd .76 Phone / Address h s Nam Phone_ 14. Name Address NarrnAddress ,,Phone u SA-25 REC'xD JAN 151999 'h- �, * K 1 Please Save Our Tom Thumb(4w, 5.1999 Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but eo_ene FICE of u SECRETARY planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2. -th4 j() k_kjTw)r\ - I J(C Wd0J -3t(3— Name Address Phone 3. Name Address Phone a ° a =3303 Nam Address Phone s. "� D Name Address Phone K"c 1�Address Phone Nae � d nos Phone 8. � � U —Name Address fi !Ob Phone Name Address Phone lo. a CQ�K = Name ress Phone 11. JAr CARLYsj_E Name Address Phone 12. D!.aNw if,4gL jsc6 � �aos G�rZ �q8 64� 5 Name Address Phone 13. b Nam - -- - ess _ (� Phone 1 . N Address Phone 15 . } I o z � u,� -�1. 4J� - q U75 Name Phone HEO J A N 1-5 M9 ____ r a �� xfm - Please Save Our T'om Thum T._ 5 Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the Planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. o 2;deno�: 508 sAN MyAm Dr e y Z �'/7 329-8 Name Address Phone 2._=11 e �me l�'r; i ohs= _ zFkcrtsf .ter souti� Ty -�bob a Name Address Phone 3.Name Address Phone r o I IA u 7 - Name ddress N 5 aSb C�--� �OS G� �-� &,141efRhong2,`CCS J Name Address Phone is3 &�l414—L4(�- ddress Phone ame Addr ss Phone 31 8. Name Address Phone 9. t 14 Se-j(ATZ /5`�/ �/�«Dy L379L S-69/ Name Address Phone 10-ow. YSL& D Name, Address Phone lyo0 Cos' "1'2 /— e N yPhone Ad Phone 13. 0 N Addr - - - Phone - — 14. 46 N 0 ne 15. Name , . Phone aA- - C'p JAN 15.1999 F JAN f .519� Please Save Our TO Thumb OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. � � �.�Q� � Name Address Phone 4" r ;6-we Name = Sl. 2 Phone 3. 6r � Q w / aLs��l del �� 0Name Address Phone 4. Name ' r %A�a �f, 4�,�- 977 Address Phone Name res Phone - S Address Phone i 7. Hu. Y_ 2 O7 r,�.✓ti w� L ce, I c _ Name �'� 1 Address Phone 8- ��r t� �� ►1S l,�- ; . i 1� i L),y SSr Name, Ad ress cJ e�� O W• / Phone 9. Name Address Phone 10. �r'j✓1Ce (�- Z9 �o Name �a-�e4, dress Phone Name Adaiess G Phone' 12. n D-I Name Address Phone Name Address Phone--- 14. N Address Phone L)e C�cecx c a l \ o l ads Name Address Phone JAN 151999 VANI�5198;9 ~ : Please Save Our Tom Thumb OFFICE OF S 6R ETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. YI I T 5� 3as Name Address Phone 2. yD�irk ,t5 fps' _ r_ = C�ga 7&1.49 6 a - e QI Name Address Phone N Address Phone ` N ,e Address,, l� ,� J/ cR �� Phone e' hq S ` Address hone IU U d 1 Address Phone 7. a6S-o ff Name Address _ Phone 8. L��L�Y�! v �cJ�l.l L•� ��L� l L L�-�L kL C S '_ �( Name Address Phone 9. S2,U 1192 1399- Yeq3'S" Name Address Phone Name Address Phone Name Address - L q Z Phone 12. � �y C ?� 9 7.ZZ G s a�� J �Oo%.Z Yf/— 9 Name Address / Phone 13. � A Y15 /0�/Y�r�1�✓E — nv�� - ��/-l�/6 -Name - - Address - -- 14 Iti23 S� N Address Phone:', 15. Name Addrs tG P y -;�- hone IK5 REGD.JAR'IJ 51999 } _ MA ..5 ` 3�,ow ' � h> .� Od �. �\y'//yy�'h T"t5� . `7•m /�� I /. 3Y @j, t ..1:{' a"J! k%: r��: µ .�e3� _ Please e 0ur -I om T'l umb OFF(CE OF CITYSECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. rr Name` Address Q6 A aX 76,13-7 Phone 2 2.1) A Name Address Phone s 3.-' Cr o s 2 rR TC7 05-1 0/-2 -3?9 ys v� Name Address Phone NanW �' v Address Phone Pnwnbtjt,� Sk. FII� q 4Name Add ess Phone N Address r !� hone 7� II\ Name Address Phone ow, M-k �onco Name Address Phone 9._ &.Atv jz"^f La- 2 Lv y C Nma�ir o 16,c �wa'� %� g I - y5 J 30 3 2- 'Name Address Phone 10ANS LIJ S�lrrAI AK6 _rY 74QR2 gfl-y2�-Tjj y Name Address Phone el 7- Name Address Phone 12. Name Adaress Phone 52) p 1 F�� r_ "� 0 o c�Name- Address _I__'- ram--`-. _ -- -- - Phone 14. : / l 0a N LA0 /Addr I i Phone.. 15. 1 11 7�S min 0� o_ 3 � N �� : �.-�. . Address - -P ne � t'a� f x , RECD J AN 151999 Please Save Our Tom Thumb �A'" 5 Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for yo consideration. X. PV 1601"l-LI-1 Name Address Phone Name Address Phone `ice 7s1 '7 - 3. Addr\1ess� �--- Phone�.1 CN 1 1 vm l J l I N Address Phone 57�' ' c I � Nam dress _ Phone A ess Phone 7. Lk N e Address Phone Z ci l�� 1/ -31/S pme Address Phone 9 9. 13Q -/ 2 ? � Name Address P one 10. nn1 tbrv0t-, 40( �an 6A a, 3z9- oq4 Name Address Phone 11. 6QVh0_(r0_ shore �g 5 Cl�a�� I�wnS �r 4 ?8- t1 y53 Name rr ,, Address Phone 12. t�l �lm�Yl I� �rn�e�- ldlCe C";� 4 ilrtl�T. Name. Address Phone 13. cJaNN �FE�� 7�� P��a K MEAaO�rsg�- Name _ _ Address - Phone -- --- - 14. `C� L4 v' � �21S�Z N Address Phone Name Address Phone, JAN 151999 �. _ =� .� .BAN�a 5:l999 . ,. C., _ - Pl ease Save Our Tom num b Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. c s~r n l'& '�� 77 of a— �qyfmol Name Address Phone 2. Cj n�L c c-(`rIbn� �� ('� LQ V-4 (.c)codti Z�X ( (�,r"jCt "Z Name -7� Address / Phone 3. t,tj, 5-13S r( Y� r' T off- �-9I NV Addre Phone 4. C C_' � /J_ Name Address Phone 5. N Address --` Phone 6. L�,__ _4zZ r Name Address ' Phone Name JAddress Phone 8(0' Cr9 r? % 1 vl c�rYt c4 S �2 7 q e 3 / - 3L�f 3 Name Address Phone 9. Z//V&_4 ' iV,�?=r(X b �' C =nv lr a S eF C T fiVI i,3 ,- Name Address Phone In w ooL I j�3 9 Name Address Q� Phone Name Ad_ ess Phone 12. Sr t Cc.l� 9O(A- QkY-, -6c�Do Nam Address Phone GG. Name "Address(,� r Phpone R 14 Addrefss fiPhone 15. C �� ;= j) CL`C� LI l r NameV Address Phone SpIT - � �U CNN '1999 - N. JA" 5 Please Save Our Tom numb 4 Th Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of e planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Z Name - Address411 Phone �D_S=z 41�f < L �?S l 0 7 S Name Address 3. / Phone lil� 40 SL Name Address Phone CJ Nam dress - Phone i2� Name Address Phone rrt V, s �F- �/�557NW I � Address Phone 7- Btu c Name Address Phone 8. ti. Q 3C>D Name Address Phone 9. c �� / , _7 � Name Ad essI Phone 10. X gad �0 � � �• CQ4 C7 _- Name ress Phone r A � J11. - V - -per �7 /- 1�3�� Name Address Ph o e Na-ft., Address p Phone Address Phone 14. N / Address ae Phone ten.. S3 Name Address `;-- Phone RECD JAN 151999 r 1-7 , r Please !OFFICE Save Our' Tom ThumbZoning Case. ZA 90-156 Of CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name rddress Phone 2.A Fl o l- �rec r,O:s 1/91� Nkne Address Phone 3.4wA pefhe5 Q en Name U Address Phone a. / Name Address Phone 1 s. , �v � ' ��:.2s n 211-11 Name Address U Phone Address Phone 0 v�o gq�,jnriaz� !�lZ !!i'h/fryL �1'ICt Ct/dCi. S�-�'.rc.rn� �Zl�l�t Oq/� Namnev Address / Phone 6 8. LC d) G> yih� so (,J, 0 Name ' Address Phone 7x Name Addr Phone y�� s Name Adze Phone 11 j S aV-2Y 3 Name -� Address ' / 0� Phone 12.' Cl, 3 Z S—c/Z 3 N. Address Phone ., Name - - Address 14. N Address Phone Name Address _Phone Y� REP JAN 1519 § _ (move, Please Save Our Tom Thumb Zoning Case: ZA 98-1 S6 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. N ess Phone - - -=5 dD Td i / .329 ne Address p Phone Q 3. CiW ( t o .k Fr ---C f 2 8 j 7 q Lq—.Set Name Address Phone 4. Name Address Phone 5. n PbC4� 6�J�&,CC- Name Address Phone 7n6c.4K Address Phone 7. e Address � I Phone 8. A'a 33 t -U 4 N ed ress Phone Name Address Q Phone 1 'O Name Phone 'ICA- CA S N `,dam Phone 12. M,Kc f^ R<<=f P6f_r- A• ,r'1 Name ,dam " Phone 13. Ckv L N Address - -. --- -- - - - -Phone..-- --- -- - -- 14. i I C., . 03. _ S. -T7�'o �30�33 �8 N ) Address Phone 1 3316 Name YAdressPhone - -- - S-35 A 4-9 ;.. � N 15199 Please Wave Our Tom. Thumb Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY I We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. P1. 0,4. 4�<o -�� If Nam Address Phone 2. Name �AddresS Phone `C 3. e �b�_Zo -7- 1101 Name Address Phone 4. / - -7 ( Nam Address Phone ine dress ] Phone V V . N AddressPhone 7. ( Name Address Phone 8- G Name Address Phone 9. Z." -7 z Address Phone &_ tL v I qK x Name Address -�- Phone Name Ad Phone 12.PAbI c.-`� i.NaPhone 13. IN `'�J � �1�. nn�lNa --- Address -- - - _.- --- - - - - Phone 14. -2j G N11 pp��Address / ) Phone115. N Address . _ Phone �R-3t� REM JAW 151999 Please Save Our Tom 'hum ��" ! 510 .., b Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of e planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. �. - / Name Address C Phone 2. & AL N Address Phone 3._ f N ess Phone 4. 17 DSc, gl7 -I S56 N e Address Phone 10T `�� - q> gg Name Address Phone DL , dress Phone 7. �S r V i 2cJ /�'/ N Address _ Phone 8. Name Add ess Phone 9. r 00c) u1 5�� .eIcDYJ►�. �L �a/ —mil/ 0 Address Mress Phone 10. 7 # D - 1h L720 -7 Name Address Phone 1 I Name Address I l c Phone 12. &V 0 0?- 4-5 Name Address Phone 13. 41 - --Name - - :Address -- - - — -Phone- - 14. a 6.11t� N dress hone 15. Name Address ;. Phone . F _ -- 11cv A A 1999 Please Save Our Tom Thumb - i�" .5 Zoning Case. ZA 98-1 S6 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. - 161 Thank you for your consideration. 1. Id-6 ��r� -.)o s Name ess Phone Name Address �-7 r Phone 3. !IZXk Z -OZZ Name / Address `n n Phone 4. E�Ol/`' g `C ��4'1X �7� 31 3f 3L� Name _ Address Phone Name Address I Phone 6 42 N ddress Phone 7. 7_11w Name ddress Phone Nq Name Ad ress Phone '01 Name Address Phone 10. aC �t10 ht S �- Name - ^ Address f � Phone 11. ' ' J ' ' _ �� b 1�Y1 ,J►Z - �lL- 3 �(-3. � Name Address Phone CO'-^f-n t"L- J � c S ` gyp U N EW Address Phone 13. I ZOO K lq$All S G . L/�?I'Ros— N --Address - -- - - - --:- Phow-- - - N Address Phone I • p p. Name Address Phont`: JANzi � 1999 Please Save Our' mb Thu �- Zoning Case: ZA 98-1 S6 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. 410 0 !011,td 00 C�_S Name Address � Phone 2. - - /7 30 -3v4 Name �/� Address Phone y YNL 3. � �Q'L9__1�'^/r�-h/'�- 77 t1 a 6 Name Address Phone Z 4 D l c' -FT 3,�l&-) 7 6 e Address Phone Name AddressIL Phone adw - i /a,37�,act' H , SL Address Phone 7. N}�e 1 Address /� Phone 8. 1'l 13015 rg�c,;s bRkir So IT 4tC�f Name Address Phone Address Phone 40. I 0t I L{ -4 tName Address /4 Phone 3 19 Name v Address 11m l� Phone 12. C, 57 7 1od,) C.C1L `-1 ) -�5v Name Address Phone 13. ME PUF5 F.2,8(, M 4pL_ b v-. t+u rs+ Name - Address - - - -- - - - -- - - -Phone ' - -- -- -- 14L. '` N Address Phone 1 jD, c)I a .�� Name _. ,. Phone Ko JAN 1 511999 v 7 s'a j sr.a .. ,.�r .. g :.x __x .. T "oPlease Save 0urm mb Zoning Case: ZA 98-1 S6 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. VALLI I 'L I IV I - Namt. Address Phone d t0 Name Address Phone // Name Address Phone 4. Name Address Phone U c 474 I L -7Q 4 �t - 73cf Name ess Phone 6. QZ 32(,)-1-1s N Address Phone 4oz Me,2do�, t� 7Co q z -14 Name Address Phone Name t' Address Phone 9. 60 Of Bv-"q 176_ C r -7(9 09Z q _3�r�os�e Name Address Phone 10.�7� I Ala5hc o Ae/ 6 6wdl-' -e L . /7- 3//G,0,9 Name Address Phone 11 1 3 P / 37 N s Addres _ Phone Ci dress Phone - Nam -- -- - —- Phone - N ess Phone 15. Name AddressPhone RECD_ JAN 151999- r .. .. ?.r-._.. ...,. .. ,.,. _ _. .... f;., 3'.. Via. ,. •, h, �� ,--� 4 (6.0, Please Save Our.=Tom -Thumb Zoning Case: ZA 98-156 OFFICE OF CIrYSECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name5-71 Phone 2. Name Address \\ Phone 3. 1 m (a ipt, /O /6 ��(jrYx b - {y( . c ��-c_ / 7—Sl .S3�0 Name Address /� Phone 4. 'l�Ik E U aC=UTffL Ail E S'7 /-S 3 ST Name Address Phone N Address _�a r I �4L Phone *_ N Address U Phone ame Address Phone l : Njame ( Address Phone 9 Name Oddress �,� / C Phone Name ess Phone Name Address Phone Z/Y ?�( /�a Name Address ,(,,� � CVek 1P�h1one 13. Ir V �� &I, IJY * Name -- - -- Address Phone' - N Address .�� ,Phone ka�ti� 15. �ocr1�l ` 2 Na>ne -..Address G Phone h`N:�..x'. Lw4 � 4 �M^'+ E.V,�, a\ y'� .�Y -. 4•WS E V�/� N )1 � � { r no �1AN� 1 5�I99g Please Save-Our Tom ?'numb�l OFFICE OF CITY sECAE7ARy Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the Planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Z ► �eii �1p Cf 4 z� Name Address Phone 2. y � Name ( Address Phone Name \ L I L 31�' �,�r' i-e• �iti�� — Q Address Phone ILL — Name Address Phone N e Address Phone A dress P � hone 7 3n r l f'f0 h r ame Address / Phone 4 I jgI` Name dress 1 Phone off- am Address !V- �� Phone q 10. l Q 9 69a 3_ Name ,Address Phone N Address Phone ,�c la/7 431 N Address I Phone 1 q /cx c V#9,J (a-4 - 3o�-q. 7�3 Name Address - -- - _-Phone- -- .` �ahR_, a� �-- Address Phone N Address 11 Phone':,.,' RECD .1AN 151999 TR JAB � 51999 Please Save Our Toro =Thumb = Zoning Case: ZA 98-1 S6 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. X-7 3 Z Address 'Phone 2. Name Address 3 3 4t �+ Phone 3. t �( l Cau v An Le JL � �Zr7 e N e Address 4. ' � Phone t _� 1l 5 QAY• 4,, br SL 1. 2s I-I(DZS Name Addr ss 5- aey'114 � I Phone Name Address Phone 6 hVI N Address Phone7. atj 1< Name Address Phone 8. J?� �b3�� Name Address Phone 9. Name ess / ,�, Phone // C/1 Name Address Phone 6'.\AAt\ CN Name Address Phone 12. `-�. 30C) g a,r_ Tx Na � nddress Phone 13._ j`1b 7 0 -D�1W �� Name 14. N A c Phone 1 s. Q Name 4 " .: - :Phone; y�+{[.� gFl-u3 REM JAN 15 999 .. Please Save Or Tom Thumb r 5 Zoning Case: ZA 98 ' 156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1 Name Address Phone Nam Address Phone e Address � C Phone Name ;A ress / Phone 5.r Name Address 22Phone Addr Phone 7. j N e Ad ess 3 ame Address �i 0- L 2` �i / Phone 9. ) �2 S7 i� ..� � �� 13 �,r� �iZ-i v ��3 Name Address Phone Gv r e Address Phone Name �� rN ;_►�' Ad ess Phone 12.^ • �s Name Address I / Phone 13. ( �� 0/ _ ..Name - — — Z5 �� Phone:7 14. N Address _ Phone h' Phone FkJAN4.5ij9 } Please Save Our To: . 51999 m--Thumbs _F OFFICE OF C(iy SECRETARY: Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the Planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyes and the planned center will be a big benefit to our area and an important addition toW ax ase Thank you for your consideration. 1. e dress Phone - O � �� y �- Phone 3 M NI I Name Address _qLL 1 Phone 4. Nam LAddressPhone .- av - Name Address Phone 'rli / o co �Cc-•� d s.G . 7cL o�� yam/ Address Phone In AM 7 ame Q 7(1 �8<-53 Address Phone &ame Address Phone Nam Address Phone Y N_ Address O Phone (&/AL � !/ Name Address Phone N �✓ /2 d 3 /lf��,,`„ c�.-K�'�-C /Y V2/_ F Address Phone 1 q9ap� 6e / .—a ..Name -� Address -_. . _ — - _ Phone', 14. NS q. - � -'Phone 4 lv Ad Phonc 'Ckl^•s _ 2_ �N15a999 Please save ni � Thum Y �:5 Qur Tom b ��. �a � _ Zoning Case. ZA 98-1 56 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current einpty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. 9 A-1. Name Address Phone _ - 2. .44. j Z�j , /0, Name Address - Phone Name �1 ess C,3 _ /Phone 2 N e Address Phone 5- Name Address Phone N Zvi i�� 7 A��ress Phone Nam Address I � �5 one r Address Phone A 9 7- D I NOE UZ_h_tE 42z4 e Address Phone 10. Nam- Addr PO y" Phone - Name Address o/ A.va Phone Name Address pPhone 13. Name ACC. Address _ -17 > — - - - - -- --- ---Phone--Pho -- - N Address r Phone 15. g Nam Address Phone --- - REM JAN 1'51999 Please Save_ Our:_Tom Zoning Case: ZA 98=156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address �� — I P 2.�Q �� 1�`m Y�l- o hone Name W&M- �� n Phone N e Addr Phone 6b(o l�(� Address Phone Name A dress Phone toe, Qr�Zn� �f lvo)f 7790 Address Phone 7.SN IK MO CO � � Za -YYO Name Address &_L16 Phone 8. c �N r 0 ¢ 448 Name Address � • Phone 9. C 0� oo w �r (,�� N dress Phone 10. 0 U 37q S8d7 Name ess Yr Phonf �JL{- N Address Phone Name Address 1�,, ` Phone 13. l d r 4- - `(A ki Name Address —`—+ - 14. _ N Ad _ Phone 15. G2L A - Lti Name Address n ,. 2 - 2 �70 Phone M § _ �. RF('.'fl _"I4N 1". 9g4q n e. • Please S 5 - _ (we Zoning Case. ZA 984 56 OFFICE OF CITY$ECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 17111/ T1/-3O�Name Address 2. (Wifk Dotip Phone e Phone Address Name Address t �`- �2 Phone 5. N A dress d Phone �e fig Address 4-a- Phone G4Z. Cl(oJo.-C4- Name Address Phone Name Address / ^ _ TX ,,//9. C. SCtr1 U 3 O& Tr rn bw /tea L� �r SL. , e '724 Phone Name Ad. ess Phone 10. 1�- ('C SSA Name - Address Phone 11, Name Address Phone 12. 5�-t5�i. hlUr. 3�y Sb� Name Addr �r r 606 /L— Phone 13. r✓G LL[-� /,h C d. 7 G O j L Name dress Phone 14._ `, Ct/1 !yl i f yo'� `J f�YI co S L- ��'G Address 15. jL - Name Address Phone s 5'd ,Q. --v a <- t �. 8..,+53 •�r�� C i4 -- _ � J�V ►-5 h399 Please Save Our Tom Thum ' r OFFICE 0 'Zoning Case. ZA 98456 _ RErAR a realize that th site � plan for this shopping center may not be perfect, but the benefits of'� ,planned state-of-the-art Tom Thumb far exceed any short comings the existing in access or landscaping. The current empty Food Lion center is an eyesore, and the planned ave center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. 17 P psi 56 6 Name AddressIf- Phone 2. ' _ nl - �3 Name Address - ` 4 — /At/)ek/V Phone 3. 41 7Z� )V O Name Address ! Phone s Name Address Phone 5 Name Address '�? i f Phone Address Phone 7. 'r��. ZZ' � 1 c A -t-VIC Q f �a T Name^ Ad Phone Nam Address Phone Address Phone .10. 36�} /UO/�i'J��4`tJ/�j Rl .1 1�I y�oki S Na&e Address Phone ! <Z/11 ' Name / e ' Q` 12. rAIA) JGt?q�T M Phone 0 P� �C l'kK-c ys -a�34 Name Address e Phone 13. /'7 z'"Y( AP—9;' — N >Phone. N ' Ldress ;Phone is. D v` 77 /3vx wood � ,� �_ �y61V . Name Address -Phone .: 71 4 t 4; REC JAB► 151999 x`�e p Pledse Save Our Tom=Thu OFFICE OF,��jy SECS q Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. k.A►�� C-e,41 f I Z�( l� S �� - 49?-Z,2-- Name Addresij Phone 2.C44D) 5 $vs- f,,��dsL,L e� b r. } lx IUOT;3J `�— <�I Name nn Address - Phone n-tZ-,hGC Vr 14 3D-1-Z-1-7 Name Address Phone r l Phone 4.T Tly �"L ►�;c; JJ��AT-��cJ 7 O Y S h,&U C"� i t`t� 16 L-e /— 8 7 0 Name Address Phone I s oo a- 3 ' - I Name �/ Address Phone (2� � In 7 yc(-C t- 3 zy 6'fS Address Phone 7_11 � q, 7,16- 0 tom ' +-24 -$l 4-�I Name "^"AAddress L j /'Phone 8. ! (c IYI v °( H O ) r�� T 01� �7" �,ti-��(u lc-2 `7 Z "ji ► Name Address Y Phone 9. 21a m dtieS J �BL Oavb(-(df,,f CJ kkg_ LLA -a 3a3 Name Address Phone lo. l4l� `- )'-4-.-�3a3 Name Ad4ress Phone 11. __ OL Name Address •'� nn (� / /Phone / 12. (,�/(/A D Name Address Phone 13. &AAA N Phone —- dr )- - -- - -- - - - -1 -- -- --G -7 14. ►. � �Uti�.� �(J{�L,v 1/�' a�3 �-1 0 G N P Address Phone 1 t�� 13c�12�U o N u r 3 =1007to Name . Address _ �Phone �„ KM JANy151999 " JANl5 Pease Swe)Our`VM Thu b Zoning Case. ZA 90-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2— —Z-I, �Cj�� CZ3'l zJ��C_ L.�, �et�TNt F l �1�-�N 24 ? Name Ad /dress �y J �Phone 3. -1�-� . I Names Ad Phone 4._ All-e-Id 01AKs /�// C.o,Uc'o24 �f�E �Ou��L�i�cc Sly'7 32g Z/ZSO Name Address Phone s._N L- A L I__157 0(UD`/ 3 Gig C i M 61pe ki9kc V e Name Address Phone '1P61&_Af1Lis IVYz, - 6�T3s3D_ Addres 0 Phone .4)n & Tl- Yff-L S(' Name ress Phone Name Address Phone n 9. A NJ 1, A Lj(p 3OS N Address r Phone 11��,. r Name Address Phone Do hwtccke� Name ess Phone r-- 12. Ld JQ 1 �- s C Q 6 32 0 � Name /Address Phone N Phone 14. 1,v 0' % Pja-tMo N 1 �l Phone « 15. Ct� v 1�� ry Q Name Address Phone } gA�Si 1999 RECD JAN 1'5 9 r Please Sav" Our Tom Thumb ; . €► s e �- Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2. ► � - - -3 9 - 6 Name dress -- _ � ,� � Phone • Address Phone �• G(J .SQL Litz-� '�.' .� S�� - .�<� Nam Address Phone 5 IDI Xx� J4mz� /-f- Name ddress Phone L ess Phone ,.�71E�NNNE 12- -0 'EM CAR. sly x 4?)( 8090 Name Address Phone 8. Name Address Phone ( K_ A 9. cam. 0 (�J- -S Z_ Name Address Phone y� �C 7 .� — 9� _ Name ess Y - Phone G ii. xo W7gL Name dress Phone 12. Name Address Phone 13. Name _ _- Address - - - - —. - Phoneme -- - - — 14. N Address 15 Name Address Phoae;ti�, RECT) JAN 1551999 R Please Save Oui-fiom -Thum OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. \ ,k -e T SI 0 -�90-OSd c) Name Address f Phone r 2. G 5... ��t%, l lG- -� -- o ,►t 1•, 917-32 7zS Z Name �_-/, Address j 060-PPtne 3. Name ^Address` Phone , f 4. l.�✓ .1� ✓'?"�-� -mil �1 —_ �� r S O Name r u ,i Address r - _ Phone-f r : 1 5. NaTe Address Phone - L SO Address Phone ell Address Phone -72- -as2-6 Name Address Phone 9. Name Address Phone 10. Y Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. — Name — Address - _ _. - - — _---Phone.;Y—--- - -- 14. N Address Phone 1 Name Address Phone, g A-53 RED JAN 15 1999 ` � Phase save=Our'- 10- um Zoning Case. ZA 98-156 t OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 7,27 Name Address phone 2 Name Address Phone N 4 Phone N e Address Phone 5. Name Address Phone f1w Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. - -Name- - — - -Address -- .:... -- -- _ - - -- -- - -- - — - Phone N Address L 15. Name Address 99 tO �AN "1 AM. Y, J 3 c 3` JAs }5:1999 " Please Save : A y Oid;I M' I-U'M .�,s_ . OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 14Xr.,X- «4C_W , Sou,- �<< �'�y- D�0 Nrme Address v Phone r. �. r Name A P ,e 7 C. nr - I tz3 Name 'dam Phone Name Ad ress �Phone��q 5. Fame Address Phone iw Ad dress Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Y_ Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name - — -- - Address -- --- - -- -- _. Phone - 14. N Address Phone 1 . Name Address phone Bfl- REC'U JAN 15 1999 --- - `l Yils- YCi :r t�u.tiw.- ave Our Tom Thumb Please S y OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. n Thank you for yo consideration. Name Address J Phone Name lAddress Phone 3. �-�-, /C-LC J '7 Name Address j Phone 4. Names ,—Address Phone 5. Name,ni Addr Phone Zo Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone 11. Name Address Phone 12 Name Adder Phone 13. Name - - - Address - -- - - - - - Phone--- -- 14. N Address Phone 15. Name Address JAN 151 b s Please Save Our L Tam Thumb' a crICE OF CITY SECRETARY Zoning Case: ZA 98-156 --We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. e u or your consideration. o Name ``,. Q� Address (� C Phone 2. :J - � C'_�'_.: �L C/� w C`U D C V}%" So,0 76C Name Address Phone � S 3. Wo 4 4 ? j Name Address PlIone f4,4. Name Address Phone Name ' Address � Phone 170-7 A7 / Ztss. /t- 2 Ad s Phone 7. Name Address Phone Name Address Phone 9. Name ` ess Phone Name Address Phone �y, Name Address Phone 12._ //'I/�� U,�/�/>c` S?06 �1c-S.1 Name Address Phone A CI Name Address- - -- - - - -—-- - -—- —--- - Phone- -- -- -- 14. N Address Phone 15 Name Address - -;,Phone JAN 151999 w _, r m �` Please Save Our gi* -Tl� umb� .. Zoning case. ZA 984 56 0 1 FFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. (.Jes f 6�L—_ Name Address Ph 7 2. -� N St��- � . .---a lti ne Name Address Phoce � � 3. '/ I& Name —*Ay— Address Phone 4. / �. Name A r Phone 5. Name cAddddress Phone Address ( t Phone 7. �C� tv �r v, �i- I a �,v �el A `n \u �� `Ij J Name Ad ress Phone 8. V\a r ,-P �C C :�. i, r c ��1 �' �� \a �� 1J ( Name Add ess Phone 9._ cv S��h'z 9�F �l�',oi �Z f�/0 0� Name Address Phone Name Address Phone r /n� i3��lc.��►�n��L� IL 'VI S�1 a-��v �ti /C e, St tl'l c a-lC� T- 3 2- - z u Name Address Phone 12� �� C<'o��C1- Zu ,4ti'v t 5/6-2- k 7o y Name Address _ SD � 'a p r Phone/ Name Address - — - -- -- -- --- -- - - --__._ Phone - - 14. N Address -Phoce 15. Name Address - Phone - -s7 BCD JAN 151999 - -- i Please Save Our Tom ;-,Thumb „.+ OFFICE OF CITY SECRET Zoning Case: ZA 98-156 '°�Y We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. _ Thank you for your consideratio S.KII I Z 17 K a�C. n Sou- I�- 3 7L7L Name Address -- Phone Name Address Phone 3. S �f �-77c� N e Address 16 N Phone 4,gk _L4-� m �t' A, &-Ala k V�' Name Address Phone Name Address � Phone CQ r-o"X- i o u ,. Address Phone 7. 1 lul , 212-O (3reefwVe- CrrMptVin Name Address �' ` Phone N ddress G�[,c �ti� /�' /C f[/tcF-wn �L S -��0� Phone Name Address Phone lo.� 0 Name Address Phone 11. 3��f -v Name Address Phone 12. _C L— `-t21 Naafi Address n Phone N -- Address Phone - -- -- 14. DD 1,f) u f'1/ Addresst'o' Name _ Address _. Phone -� JM-151999 Please_Save Our Tom Thumb 'OFFICE- OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address Phone 2. Name- - Address — Phone 3. Name Address Phone 4. Name Address Phone 5. Name Address Phone (4w, Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. s Name Address Phone 11. -- Name Address - Phone 12. Name Address Phone 13. Name Address Phone 14. Name Address Phone 1 Name Address Phone . -- --- -- G'p JAN 151999 �� Please Save Our Tom Thumb Zoning Case: ZA 98-1 56 OFFICE OF CITY SECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. C�,c rr& Name Address `. Phone 2. lc1C, '�(�Sl��.i S.L Name - � Address �Z Phone 3. �`-��*- 1- �-G 1E, _., �? C�.� C H O U7 L Lf Z(r 2 ( Lfle Name Address Phone 4. Name Address Phone S. Name Address Phone Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address - Phone. 10. Y Name Address Phone 11. Name Address Phone 12. Name Address Phone 13. Name-__ Address -- -- - - - -- —--. �- Phone --- - 14. R N Address M Phone 1 Name Adds Aphone RED BAN 151999 A to Ou Please Save r Tom Thumb Zoning Case: ZA 98-156 OFFICE OF CITY SECRETARY 1 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. A,- 7 61-Yl k5-' :Name Address Phone ,j Phone Name Phone 4. Name Address Phone 5. Name Address Phone L Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Y Name Address Phone 11. - Name Address Phone 12. Name Address Phone 13. _ Name— Address -- _ _ "Phone o 14 - - - - - fr -- — N Address tPhoae 1 Name Address .� :Phone - s RECD -BAN 151999 �� Please Save Dur' ,TOr11 y_ 77U, D OFFICE OF CITY SECRETARY Zoning Case: ZA 98-156 We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. �,--V_S J(_L f- H".A Y__ Name Address Phone 2. (�/A/n] Ca nbs- r--n Dr. -T btOhgClu.b , TX 762&2 -3y-273Z Name Address Phone 3. Name Address Phone 4. Name Address Phone 5. Name Address Phone ke Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address r.— Phone 11. - Name Address _ Phone 12. Name Address Phone 13. Name Address _ -- - ;^ Phone - -- - 14.r :Y e Name Address . .. Phone 1 _ Name Address 'Phone --RED JAN J 51999 �;:, r� . .��.� •�� „� 3 �ea. ; �� -' � 3 s�t `�' 'jam a. �� +'m�`� �'� � 5 r�'$'S `'" lss" �'ta=. , `k ° 'g !!e 's + 4 Y Pleas_ a SaverOur 'Tom Thumb Zoning Case: ZA 98-156 OFFICE OF CITYSECRETARY We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. 1. 6 _ 4E; L Name Phone 2. Name Puldress U- Phone 3. �l T] -L Z zs' NA Ad `7 Phone 4An0 0�dress L'2 Z _ 62 Name Address J Phone 5. Name Address Phone Address _. Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address Phone 10. Name Address Phone - Name Address Phone 12. Name Address Phone 13. _ K Name Address t. Phone — - — - - -- --- - z. >:z 14. Name Address �g Phone Name Address I.Thone :g REM JAN 1.51999 m y z 71 to 2•„' Pl ease nave``Lmr.Tom -Tnum OFFICE OF,CITY SECRETARY Zoning Case. ZA 984 56 - We realize that the site plan for this shopping center may not be perfect, but the benefits of the planned state-of-the-art Tom Thumb far exceed any short comings the existing center may have in access or landscaping. The current empty Food Lion center is an eyesore, and the planned center will be a big benefit to our area and an important addition to our tax base. Thank you for your consideration. Name Address `� (�\� Phone Name Address _ - -� Phone 3. e Address ` Phone 4. /- Name Addre s Phone S. Name Address Phone kw Address Phone 7. Name Address Phone 8. Name Address Phone 9. Name Address 'Phone 10. Name Address Phone Name Address Phone 12. Name Address Phone 13. Name - - —Address =- -- -- .:. - —`-- — - -- -- -- —Phone 14. Name Address :Phone 1S. Name Address At 5 199g Phone JA ,u`� x�� t '-�S' �''-4�'».-•rct ;.. � � .tF@a.//YY///1y »t �r- 4 ?'''�i m+� N 1 / 1. !i•�! • : =air � �� .!.:�� ; 11��1�� i TFii 1 E I 1 R J _ 7.31 AC , IEMERALD CITY OF CITY OF SOUTHLAKE SOUTHLAKE I R. HARVEY TR 1C2 licsil �, 6.0 AC 1��7 "SF-1 A - I D. MULLMAN - D ' IAM T� CROSSROADS C. COONS SQUARE LTD. I "S—P-2"TR 1B "' "SF-1 A ll> 9.9 AC WYNDHAM I 55 R.4BOYD INVESTMENT 6�PROP INC. 70 EPIPDSOUTH "S—P-2" #1 219 "S—P-2" I ,n p1Rs FIRST C 6A ROSSROADS 2 .722 ® _ � AMERICAN SC�UARE LTD. � ►1 t- 22 s7t ® SAVINGS � S ' - 5 BANC STATE OF TEXA I ��C2 73 ® A SOUTHIA� BLS A TR 1A G. LECHLER TR 1 78 AC .o - - - -- -- -- -T - - - Q' - 3 J� TR G. LECHLER I K A R s a ET 14 AC uO-1 „ I Y / 700 A CE TR.3C w i 13.11 Ac / 8 -�� ADJACENT OWNERS E X Ian AND ZONING pgb rn C11A T I �a�1S i 0 AC E1' UBof _ R 3D1 (�x TR 3L ,,, 1.0 AC mungow os IPs acRs. D� o►a�osts ;till �t� � � 2 • aaternes saro�ssoaro 06 lit g ` zm t �g i `� •Lz 05 x 91 as%s�•ii r aw iw�o w aaw • • N y W R ` �4• !at! O wrta.r•/ # CC Z � nQ * y all LL s w C: ' oc D ` : �� ,3 mom- i �' rl MEMNON MOMW ��:1 'I 111 Ilii: ;��IIII:::::a111111s�■ . � • s nurrrr�_., • � 7 I City of Southlake, Texas SITE PLAN REVIEW SUNiMAR_Y Case No.: ZA 98-156 Review No: Two Date of Review: 01/15/99 Project Name: Zoning/Site Plan- Tom Thumb Center being all of Lot 2 . Lot 3. and a portion of Lot 4 LGB Hall No 686 Addition and including an additional unplatted 1 174 acre tract in all being 7.691 acre APPLICANT: ARCHITECT: Ewing North American Properties Twichell Architecture 14990 Landmark Boulevard STE 300 3624 Oak Lawn Ave STE 3200 Dallas. TX 75240 Dallas TX 75219 Phone : (972) 866-9555 Phone : (214) 521-3066 -Fax : (972) 866-9888 Attn; John Maggiore Fax 214) 599-0583 Attn: Terry Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON Q1/12/99 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 EDWARD MCROY AT (817) 481-5581, EXT. 880. 1. The following changes are needed with regard to bufferyards and interior landscaping. a. Provide"required"bufferyards and plantings in accordance with the attached chart. Proposed variations from the required bufferyards and landscape areas are indicated in the rows labeled as"provided"both on the attached chart provided with this review and the chart provided by the applicant on the site plan. a. Provide "required" interior landscape areas and plantings in accordance with the attached chart.Proposed variations from the required landscape areas are indicated in the rows labeled as"provided"both on the attached chart provided with this review and the chart provided by the applicant on the site plan. C. Parking and pavements are not permitted within bufferyards. The plan shows the following encroachments: 1) Eight existing parking spaces adjacent to FM 1709 extend 10'±into the 20' Type O Bufferyard. 2) Existing Fire Lane along the west line of Lot 2R1 adjacent to Lot 1 and 2, Block 2 First American Savings Bank Addition encroaches into the required 5' Type `A' Bufferyard. Clarify the intent to provide the bufferyard through this area. It shown graphically and is shown not to be provided in the chart. 3) Proposed parking along the west property line of proposed Lot 2R1 adjacent to Bicentennial Park encroaches into the required 10'Type `B' bufferyard. 1A -71 City of Southlake, Texas 2. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordimce No. 634: a. Provide the minimum driveway spacings as required by the Driveway Ordinance No. 634. Specifically,address the following: 1) A minimum spacing of 250' is required between a service drive and any other type driveway along F.M. 1709. The existing service drive (Drive `F') at the southwest comer of Lot 2R1 is approximately 123'from the next drive to the east(Drive `E'). 2) A minimum spacing of 500' is required between full access drives along F.M. 1709. The existing Drive `E' is approximately 382'from the full access driveway within the First American Savings Bank site to the west and is approximately 141' from the existing drive at-tlie southwest corner of proposed Lot 4R(Texaco)to the east(Drive `L' 3) A minimum spacing of 500'is required between a full access driveway and a right of way intersection for drives along F.M. 1709.This distance is measured from the drive centerline to the R.O.W. line. The existing full access drive along F.M. 1709,within the proposed Lot 2R1 is approximately 338'from the intersection of N. White Chapel Blvd. 4) A minimum spacing of 250' is required between drives along N. White Chapel Blvd. The southernmost existing drive within the proposed Lot 2Rl (Drive `C') is approximately 92'from the existing drive to the south(Drive `D') and approximately 183' from the existing drive to the north(Drive `B'). 5) A minimum spacing of 250' is required between a service drive and any other type driveway along N.White Chapel Blvd. The existing northernmost service drive within the proposed Lot 2R1 (Drive `A') is approximately 203' from the next drive to the south(Drive `B'). 6) A right-in/right-out drive is required for drives intersecting an arterial within 250'of the intersection with F.M. 1709. The existing southernmost drive within the proposed Lot 2R1 (Drive `C)is approximately 223' from this intersection. * The applicant should be aware that anticipated construction of a free right turn lane on southbound N. White Chapel Blvd. will affect the existing driveway approaches in that location. (Drives `C' & `D') b. A minimum stacking depth of 1 00'is required for all drives within the proposed Lot 2R1. The provided stacking depth are as follows: Drive E F.M. 1709 East Drive 34' Drive F F.M. 1709 West Service Drive 42' Drive C N. White Chapel South Drive 11' Drive B N. White Chapel Central Drive 29' Drive A N. White Chapel North Service Drive 34' ' City of Southlake, Texas 3. A minimum 10'screening wall is required to screen views of the loading docks and spaces intended for tractor trailer delivery. No wall is shown for spaces at the rear of the Tom Thumb building. Screening wall must utilize a similar masonry material as the front facade. 4. The following changes are required with regard to parking: a. Provide a minimum of 514 parking spaces for the proposed site. The applicant has proposed approximately 350 on site parking spaces.Correct the provided spaces shown in the Site Data Summary. b. Remove off-site parking and pavements shown along the west side of the development located between the two most southerly transformers. Contact Ben Henry (X 824), Community Services-:Department,for-s' &dfic guidance in coordinating any proposed offsite construction with the City's current Tennis Center construction. A letter of permission from the property owner must be provided to the City prior to any off-site parking/pavement construction. A reciprocal parking agreement will be required for any off-site parking. 5. Show,label,and dimension existing and proposed easements on or adjacent to the site. The proposed Plat Revision for this site shows a 20'drainage easement along the common lot line with the Proposed Lot 4R. -6. This site exceeds the maximum permitted impervious coverage area of 75% for the "C-3" Zoning District.Verify the open space and impervious area calculations shown in the site data summary chart. Staff estimates approximately 29,600 sf of open space (9%of lot area) and 305,402 impervious area (91%impervious coverage). 7. The following changes are needed with regard to building elevations: a. Insure that all mechanical equipment (roof or ground mounted ) is properly screened from view with an appropriate roof system or an architectural feature which is integral to the building design. Screening of the Tom Thumb Building Mechanical Units has not been indicated. b. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. and Section 43.13A.Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. 8. Correct the floor area shown for existing Building'D'.The total area for Buildings'C','D'and'E'(new and existing)is approximately 24,740 S.F. Building'D'appears to approximately 15,155 square feet. City of Southlake, Texas * This review is based on the "C 3"General Commercial District for the proposed Lot 2R1 and 2R2 The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 1/25/99. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Coordinate with the City Parks Superintendent(Ben Henry X 824)and the Landscape Administrator (Keith Martin X 848) for the placement of the sidewalk shown near the "No-Disturbance Area". * 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. * Protected trees cannot be removed outside of 6' from the proposed building without processing a Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills within the limits of the critical root zone of protected trees are not permitted unless adequate construction methods are approved by the Landscape Administrator. A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction or removal of off-site pavement. * Denotes Informational Comment att: Bufferyard Calculation Chart, Interior Landscape Summary Chart,Articulation Evaluation Chart cc: Ewing North American Properties VIA FAX ABOVE Twichell Architecture VIA FAX ABOVE Bury&Pittman VIA FAX: (972) 991-0278 Attn: Brett Blankenship David McMahan VIA FAX(817)481-4074 L:\COMDEv\WP-FILES\REV\98U8156SP2.WPD IA - City of Southlake, Texas SUMMARY CHART- BUFFERYARDS 1/15/99 Tom Thumb Center Lots 2 & 3 Case: 98-156 Location/ Length of Required/ Bufferyard Can onv Accent Fence/Screeninst Base Line Provided Length Widtli/TvDe Trees Trees Shrubs HeWit&Material North- Required 519' 10' - B 10 16 52 --_. . Provided 7 .'::::::: : :::: :.1Ux- B 8 ::' :::;::° .11 38..... ._...._ East 1 Required 419'a 10' - E 4 8 34 Provided .3.1 1 Q' E.. :..... 6 Z5 _.. . . East 2 Required 76'a 5'-A 1 2 6 Provided 1 1 2 South - 1 Required -24 5'$ -5' - A 2 5 20 Provided 233.... .. 5.....:A.::.: : : . . . South - 2 Required 186'a 20' - O 7 6 26 Provided $G ._._ Z...O ?..: 6: 2 West- 1 Required 716'a 5' -A 7 14 57 Provided Z 14' -<A 24..: 1.. . . . .. .. . ........ ..._ _ . ... .. ....... .. _ . ... __ _. _._._.. West - 2 Required 99, 10' - B 2 3 10 Provided 99x 10 *Note any credits used in calculations: r vewa width was deducted from the total len h of the r uired buffe ard. Comments: ere parking is provided between the building setback line and public R.O.W.,shrubs taining a mature height of three (3') or greater must be planted at a maximum spacing of irty inches (30") on center continuous along all paved edges of the parking or drive area. 2. A minimum of 50%of all canopy trees planted on the site shall be 2"in caliper and 50% must 4" in caliper.This includes bufferyards as well as interior. 3. A shrub screen is proposed to be provided between the building setback line and the R.O.W. SUMMARY CHART- INTERIOR LANDSCAPE Landscape %of Area in Can onv Accent Ground Cover Area Front or Side Trees Trees Shrubs LSA,Ft. Required: 24,307 a 75% _ 40 81 405 2 430 Provided I716 ..;< ' 5%:` ... 28.: 2�4 ::: 324 :Q52 *Note any credits used in calculations: a. Required landscape area was reduced by 10%for landscaping of R.O.W.and 10%for water conservation irrigation. Other Comments: BUILDING INSPECTIONS Larees//&08/98-134 0 � — Revised Articulation Evaluation No.1 Case No.ZA 98-156 Date of Evaluation:O1/07/99 Elevations Tom Thumb Bldg. Qrivel, 12/21/98 -facing: North Wall ht.= 29 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall len 87 84 -3% Yes 87 65 -25% Yes 4 4 0% Yes 15 55 267% Yes Front-facing South Wall ht.= 35 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 105 76 -28% Yes 105 79 -25% Yes ram- � Mmr sa a: 5 5 0% Yes 8 16 37 131% Yes Left-facing: West Wall hL= 29 Horizontal articulation Vertical articulation Required . Provided Delta_ Okay? Required Provided Delta Okay? Max.wall le n th 87 55 -37% Yes 87 74 -15% Yes ra 4 5 25% Yes 6 6 0% Yes Right-facing: East Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? ps Max wall lettgth 6 w s antic:offset, "� �`- °fo, 4 4 ,Nct 3 3., 0% Yes ic.length 17 24 41% Yes 10 20 100% Yes Elevations Lot 2R1 Strip Retail Bldg. Received: 12/21/98 Front-facing: East Wall ht.= 19 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 66 °�6� S7 r74 3O�o MUL artlC.0 se Min attic Rear-facing: West Wall ht.= 17 Horizontal articulation Vertical articulation s Required Provided Delta Okay? Re uired Provided Delta Oka ? 3 3 300% Yes Min.artic.length 13 13 0% Yes 13 13 0% Yes Side-facing: North Wall ht.= 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 51 35 -31% Yes 51 35 -31% Yes mm 3 3 300% Yes Min.artic.length 9 13 44% Yes 9 13 44% Yes -facing: South Wall ht.= 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? walllen th 51 35 -31% Yes 51 35 -31% Yes 3 3 300% Yes Min.artic.length 9 13 44% Yes 9 13 44% Yes IA -7( City of Southlake, Texas -- TREE PRESERVATION ANALYSIS (Non-Residential Development) Case No: ZA 98-156 Date of Review: I - 15 -99 Number of Pages: Project Name: Tom Thumb (Site Plan) APPLICANT: ENGINEERS/PLANNERS: Ewing North American Properties Michael F. Twichell,Inc. 14990 Landmark Blvd. 3624 Oak Lawn ave, Suite 320 Dallas,TX 75240 Dallas,TX 75219 Phone: — _ Phone:(214) 521-3066 Fax: Fax: (214) 599-0583 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: The proposed relocation of the existing trees may be difficult due to their size and age. Please confirm the new location of the existing trees and how they will be relocated. 2. 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. The two (2)Eastern Red Cedars located along the North property line are shown to remain. Due to the construction of the new driveway more than 25%of the trees critical root zone will be disturbed. Due to this these trees may not be credited toward existing tree credits and possible mitigation may be necessary. r, BUILDING INSPECTIONS -7-7 UUM c. L IV V I' WJA (ill oil IIIIIIIIIIII �� a aa I i F: E! Ce vv,asi.. R� ( ^r .r • .:. Ll - A:. �a R3a� a == i i 3!i M 1 1 ('�� - ! Y `, � ' ., `:•;� g� .! " a, all jet, • 1 l P qu -------- ---;— - — So �K 3 avjvs+w aWHar- � 31A-IM N 0 1 -- ------ - --- - H --- -- _ Y gG��`�,^� I Fi• I ai '�I�� a ,li it �' I •e� Y �Y«� N-ci i �•• Yip ..I.. I I ! .�•"�J _e ! ; � � R�±� .o Y \ � - I \\\\ n . � ! ---ram•�\ �--_- __ _-- i:--Jw�. I Y �; Q� ' �:i�:�� I�R ----..<.••..•. R,a�l�� ; i R ��( ^fit=�� 1 s? I $ 3 it 1 I Ikti1.i' J 1 ! 3 1 4 i Ilii - �oliRol am, t t r;or Ilion', Illl Illill IF Illill ! _iiuiiui ►a � ' ■III — I��1111 Y , , Jill , t � e lei i i , �� ORIQI_AL i , , , f w. 1 , , W� , , M , , y , , i , y , , , x M , , i oili:ll� JillGo b JillLa <! � �- dy ID niiiiiiiiii i 9; i t �l N • � O iifll ii � si co m m .i�� } vo ' �� am •Allf10'J� Yl 7rfw*u 10C TMu�ww,s asar}}td+ 4 "�'�"�,,,o'NiDO a �avwre�aa INNnWIM CN=39 GUVMM .,. ...�. !Ili I '- 1 MI. - I — MGM--� I � � y G + , , ♦� 9 o �._ ♦♦ d v�: �'i- tee.'•`%�6. �.` _ � 1� i �� '+. i jug t _....... .. ... i Qom._.. ... ...� ......_ �/.. i . t , -- -� - - •" - " •i t .0 /fit J / �.%.� / : •- W O `� �► ♦ • (71�DY NOW 3M1'RIYA Y) � ,t ♦i ��'� co a) CP + ■��.w..o 0110�YO ��id+AdIIg 4 ror 1a JNav►dJ vNw�d Vag ONMAM 3WVno6 GOMO O ar. N AV-VNKMd /f7� NOI my m -ON TI1M `in ue Lol W I.PO M .I.Mt 4-1 Z fill , [ttt �l�l1�toJil [l —♦•�—�� Ste. T1 x �! ! a i i 1 t�! e ,JAl I& 26666661 1 I J ...... __................ ..__.. --- -- --- .r- .._............_. 1 of 1 _ • 1 J- - ---- _........ GO 193MHUMS—SWUMONd NV=31Y 111YON swerI"Now0f pitr w,�.wn.�w.o UMIDO �W GUU AIWICO IWVVYl'`J)11►MUM uvuMtd+A n9 4 Notoi Ainw JLVVNEMJ V2LN3* ONWAM awvnm ammumo dm-W 04 w R'. —Jul a t f i ' \•\ � y if 1 lbss aww q 11 N u I I I I I I II ; lit, I Ill171111 � I I 16 a '-1JL j I i e1 I • s.n au n/piw.O sre x � \ I° it I 1A—�c� CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 4 0:;9 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 LOT3� hiD A O 0 ADD.ItTIO -0 �CITY�OF SUiI�HLAKE; ARRANT COLII�] � ►CCORl3I1�G�T �HEL� �RL+GORI� I1,�I�71B _ DE1216T ��pR s ��T NO. �REAGE�`OF � tIX 7 69 _ fflfM, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS'� OMMUNITY SER GE f DISTRICT AND;"S P,=2'" GENERI,IZED SIDE � : P GT WITH LIMITED-.-"C 3";' GENERAL LAN �DIS , .. ,. COMMERG a � .; AISTRICT USES TO GENEEIISLTE PLAN DISTRICT WITH LIMITED "C 3'��GE;1P COMMERCIAL DISTRICT, �IJSES, �'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 Y 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 L:\CITYD0CS%0RD%CASESWW297.W PD Page 1 gA - G5 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 hereinafr r described property is currently zoned as "CS" Community Service'Distnct ands P 2' General_t2i�ite&Plan Distract vv�th limited"C 3" General Commercial 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 CityCouncil of the City of Soud-lake Texas at a u ty 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 LICITYDOCS\ORD\CASF_S%490-297.W PD Page 2 ,r 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 4460, 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 LACTCYDOMOIMkWEW W297.%WD Page 3 Q/� O/"C � O 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 y_ 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. L:\CrrYDO(S%ORD\CASESWSO-297.W PD Page 7 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 3; and aportioncf�Lots2 acid 4� L B G Hallo 686 Addition, an addition to¥the City of Soue� TarrantGounty,xTexzasaccbrdmg to the plat recorded in Cabinet A,Slue � Plat Recozds sT`arrant County; 'exas,and..a 1174 acre portion of Tract 1 C2iiiafed the L B G .Hall Survey,;"Abstract No 686 for a total acreage of�approxnnaely 691 acres, and more fully and completely described in Exhibit "A" from ''CS" Commututy Serviceistnct and "S P 2" Generalized Site Plan Distnctwith "C 3" General Commerc ial Distractuses excluding a following uses; frozen food lockers f6i ndividualmor family use,riot includmg" the processing of food except cuffing or` wrapping; bowling alleys; conventional gcif courses,includmg outdoor dnvmg ranges;aecessory thereto,,,,but excludingo o-Ifco:_ui opes, soronties nd/orf'aternrtes meditl _b ities inliifl usiian is omeshosgif�ls wxur ed faclrties"" n nal� cesess. ra " gar undetle control o i "' n o �`li � i rs mirMINE, katuig mod. lIl r YT< _F premi �spal4 0 Gen a uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", excluding the following uses: RUM f- r� L:\CITYDOCS\ORD\CASES%484297.WPD Page 4 a 1A —� 1 Zan B. . m 22.2(7} onventi._� ' coiirs� ' Gliuding outdoor v' gx €rc es a�:sso �e�etobu'��excludii �`�fdoor mnuature golf�coursesl .x 22 26) es°�iont�es` p„ tatemities� 222;(1VX 7} Methcal =irIude" ing 47 care"�facil - . thth atelatzes e taazxlryrsnal serve uses{orat byrunder theeothho�spitalpnmanlyfor the�convemence of patients staff ana visitors; 222 18 = - Mo awe finned homesndundertakers 222 (26) Skafng rinks,iydroller�(iudoo�r only}, and 222,(27} Tv lulls,and otfier camparabl esal�hshments underwhieh the on premnses�consumpttdn of alcoholic beverages ispermrtted subject to issuance of a special use peiiiut as requnrei nri Section 45 of this ordinance The mere reference to this provision within the zoning ordnnancedoes not indicate or imply that the sale or consunptori of alcoholic beverages`has been or will be,�ermntfednder thealcoliohc be define a location for thus type of use if its existence should be pemntted by state law; 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 L\CITYDOCS\ORD\CAS ES\/80.297.W PD Page 5 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 pfovidd—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 4(444W 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 L:%CITYDOCS%OPD%CASESUa0.297.WPD Page 6 4 a O� � 1 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 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. LACITYD0CSI0RD%CASES%4W297.W PD Page 7 l 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 , 1999. _ MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY L%CITYD0M0RD\CASESW8Q297.WPD Page 8 'iA -� 3 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: f L:\CITYDOCS\ORD\CASFSW 80.297.WPD Page 9 (,/ EXHIBIT "A" 1 FIELD NOTE DESCRIPTION BEING a 7.691 acre tract of land situated in the LB.G. Hall Survey Abstract No. 686, City of Southlake, Tarrant County, Texas and being a portion of that called 8.954 acre tract of land described in deed to Epipd-Crossroads Square,L.P.recorded in Volume 13156,Page 282,Deed Records of Tarrant County,Texas,(DRTCT),all of that called 1.174 acre tract of land described in the Exchange Contract between the City of Southlake, Texas and Crossroads Square, Ltd. dated March 20, 1998, and being a portion of Lot 2 and Lot 4 and all of Lot 3 of the L.B.G. HALL NO. 686 ADDITION an addition to the City of Southlake described by plat recorded in Cabinet A,-Slide 1216,Plat Recorder of-Tarrant County,Texas,(PRTCT),said 7.691 acre tract of land being more particularly described as follows: COMMENCING at a 1/2-inch iron rod with cap stamped "SEMPCO" found for the point of intersection of the northerly right-of-way line of F.M. 1709,also known as Southlake Boulevard, (a variable width right-of-way)with the westerly right-of-way line of County Road 3016, also known as White Chapel Road, (a variable width right-of-way) and being the southeast comer said Lot 4 and being the point of curvature of a non-tangent curve to the left having a radius point which bears South 01'58'38"East,a distance of 2949.79 feet; THENCE along said northerly right-of-way line the following: Southwesterly with said curve to the left through a central angle of 01'02'31" for an arc distance of 53.65 feet, a chord bearing of South 87'30'07"West and a chord distance of 53.64 feet to a Texas Department of Transportation concrete right-of-way monument found for the end of said curve; South 88'45'30"West,a distance of 103.17 feet to a Texas Department of Transportation concrete right-of-way monument found for the point of curvature of a non-tangent curve to the left having a radius point which bears South 05°01'09"East,a distance of 2954.79 feet; Southwesterly with said curve to the left through a central angle of 01'28'10" for an arc distance of 75.79 feet, a chord bearing of South 84'14'46" West and a chord distance of 75.78 feet to POINT OF BEGINNING-, Southwesterly continuing with said curve to the left through a central angle of 02°05'05" for an arc distance of 107.50 feet,a chord bearing of South 82'28'08"West and a chord distance of 107.50 feet to a chiseled"x"found for the point of tangency; South 81025'36"West, a distance of 22.29 feet to a Texas Department of Transportation concrete right-of-way monument found for corner, South 75'42'58" West, a distance of 116.90 feet to a P.K. nail set for the southwest comer of said Lot 3 same being the southeast comer of Lot 1, Block 1 of FIRST AMERICAN SAVINGS BANK ADDITION, an addition to the City of Southlake described by plat recorded in Cabinet A,Slide 1325,PRTCT; FED DEC 211998 L-%CrrYDOCS%ORD\CASES%"0.297.W PD Page to A -�'S EXHIBIT "A" t THENCE North 02000'4T' West along the common line of said L.B.G. HALL NO. 686 ADDITION and said Lot 1, Block 1 at a distance of 188.47 feet passing a 1/2-inch iron rod found for the northeast corner of said Lot 1, Block 1, same being the southeast corner of that called 3.829 acre tract of land described in deed to Wyndham Investment Properties, Inc. recorded in Volume 12561,Page 334,DUCT continuing along the common line of said L.B.G. HALL NO. 686 ADDITION and said 3.829 acre tract of land in all for a total distance of 501.92 feet to a 5/8-inch iron rod found for a reentrant comer of said L.B.G. HALL NO. 686 ADDITION; THENCE.North 89058'09" West 41Qng the common line of said L.B.G. HALL NO. 686 ADDITION And said 3.829 acre tra of land,a distance of 25.27 feet to a point for the southeast corner of that called 1.6794 acre tract of land described in the Exchange Contract between the City of Southlake,Texas and Crossroads Square,Ltd.dated March 20, 1998; THENCE North 00°04'36"West along the east line of said 1.6794 acre tract of land, a distance of 188.53 feet to a point for the northeast corner of said 1.6794 acre tract of land same being the southwest corner of the aforementioned 1.174 acre tract of land described in said Exchange Contract; THENCE North 00°04'36"West along the west line of said 1.174 acre tract of land, a distance of 98.74 feet to a pint for the northwest corner of said 1.174 acre tract of land; THENCE North 89056'50"East along the north line of said 1.174 acre tract of land, a distance of 518.15 feet to a point for the northeast comer of said 1.174 acre tract of land and being in the aforementioned westerly right-of--way line of County Road 3016; THENCE South 00°03'57"West along said westerly right-of-way line, a distance of 98.74 feet to a 1/2-inch iron rod with cap stamped"SENIPCO" found for the northeast corner of said Lot 2 of the L.B.G.HALL NO.686 ADDITION; THENCE South 00003'51" West along the common line of said L.B.G. HALL N0. 686 ADDITION and the westerly right-of-way line of said County Road 3016, a distance of 429.02 feet to a 1/2-inch iron rod with cap stamped"SEMPCO" found for the most northerly southeast corner of said Lot 2 same being the northeast corner of the aforementioned Lot 4 of said L.B.G. HALL NO.686 ADDITION; THENCE along the common line of said Lot 2 and said Lot 4 the following: North 89°56'09"West,a distance of 22.87 feet to a point for corner; South 61059'23"West,a distance of 250.00 feet to a point for corner, THENCE South 06031'48"East,a distance of 98.63 feet to the POINT OF BEGINNING; CONTAINING a computed area of 335,002 square feet or 7.691 acres of land. F:V 0#5-MUR V'4$5031oCr 1.d= REC) DEC 211998 L%CrrYD(CS,URD\CASFSW80-297.WPD Page 11 �� EXHIBIT "B" WUUI o l il LLJM oil I 3 its) j3 -- ntilinllil °�1 i' g11 1 r i 1: 11 1 1 I , ! i ! � r I I •L4 ' �r Ir :l 1 I I , -, i .•) 1 1. _ MIN t>ttltttt hill �a �a i�11 �i it ! i. : �� "_ _ ��-, •�' �o� IF •,� i 'i a bg - IS a'�r ` E• t': •�---I_I j I I I� q't ._I_ L111 1_�i, — �- -__--- I . : t stYS;i= 4 • EE ((( f7 � � ;: ail � �lu. � tl•_ \?\ �\ "'lt� �tt t - - -- -- ------ I' $! I Ali•I= i s• I• 1 i •ifl.- -------------------y= = —=� L`..CR'YDOMORDNCASFSX480.297.WPD Page 12 `-6,A —q� EXHIBIT "C" TWO ese red for the approved pity Council.motion for this`case ir L:\CrrYDOCS\ORD\CASES\480-297.\VPD Page 13 e t City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-137 PROJECT: Ordinance No 480-299 -First Reading/ Rezoning and Site Plan/Proposed Lot 4 T.J. Thompson No 1502 Addition (Davis Boulevard Center STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning-Change on property legally described as being a portion of Tract 1 B 1,situated in the T.J.Thompson Survey,Abstract No. 1502, and being approximately 1.23 acres. A Site Plan for Davis Boulevard Center will be considered with this request. PURPOSE: Zoning and Site Plan approval required for retail center development. ' LOCATION: Generally located on the northeast corner of the intersection of Davis Boulevard(F.M. 1938) and Continental Boulevard. Mow OWNER: Ron Woods APPLICANT: Segal Enterprises CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-3" General Commercial District AMENDED REQUEST: Per letter dated January 14, 1999: "S-P-1" Detailed Site Plan District with the underlying zoning of "C-3" General Commercial District but restricting it to "C-2" Local Retail Commercial District uses LAND USE CATEGORY: Retail Commercial NO.NOTICES SENT: Six(6) RESPONSES: One (1)response was received within the 200'notification area: • Ronnie Woods, 734 CR 2585, Alvord, TX, in favor. (Received November 16, 1998). A second response by Mr. Woods was received on January 7, 1999. See attached letter. s , City of Southlake, Texas P&Z ACTION: November 19, 1998;Approved(7-0)the applicant's request to table and to continue the Public Hearing to the December 3, 1998,Planning and Zoning Commission meeting and placing them in front of all other development cases on that agenda. December 3, 1998;Approved(7-0)the applicant's request to table and to continue the Public Hearing to the January 7, 1999, Planning and Zoning Commission meeting. January 7, -1999; Approved (5-1) subject to Site Plan Review Summary No. 2, dated December 31, 1998, amending the requested zoning to "S-P-1" Detailed Site Plan District with the underlying - ,z0ning-WC-3" General Commercial District but restricting it to "C- 2"Local Retail Commercial District uses;eliminating two(2)parking spaces in the southeast corner;accepting driveway spacing(Item#la) as shown; and accepting the applicant's commitment to get 50' stacking depth(Item#1 b). STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated November 13, 1998, and Site Plan Review Summary No. 2, dated December 31, 1998, with the exception of those in the attached Site Plan Review Summary No. 3,dated January 15, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-137ZS.WPD 9c_a December 26, 1998 Dear Ladies and Gentlemen of Southlake Planning and Zoning Board: My name is Ron Woods;I recently expressed to you the desire to put a convenience store with gas pumps at the proposed Davis Boulevard Shopping Center. My current business has served Southlake for 20 years, well before developers decided to expand into this area of Southlake. Since the widening of Davis Boulevard, my convenience store has lost most of its parking lot and it's ability to compete with like businesses. Therefore, in order to remain in Southlake, I would like to put a convenience store at said location and continue to support a community I lived in for 17years and where both my son and daughter graduated from high school. A community I have been proud to be a member and where I have developed loyal customers and friends. . When we last spoke,the board had concerns about the traffic flow on Continental. At this time, I agree that the traffic flow could be an issue. I would like to come back after the road is widened and a traffic light has been installed and request the approval to add gas pumps to the proposed Davis Boulevard Shopping Center. Thank you, Ron Woods iB 3 C � - X`J 141261C 232 TR .E V R.PA �``V r 142E U46 IC 5Z9 k SURVEY SURVEY B 2m 43 c `�`�`'�� ez le n 20 � 55k i �lI 26 k _IL N&W a re zel IB 2A5 23 k ,��E�v z► �' i i , a 24 18241 2 SD 11 lC •'" T n2B 0 AC k SSI2 8 t8 U4 snit I e rt my m4< ft SA18 fY 2A2 al k 95 k 5 At in IC SLR 3 \� ft TR 2A2 t$69 T g IN\n R TR 6 lB :43 iP 4C T2 0 T3 63 k !Bk 18 �� r p iS 18 IBU 137 k _ 36 273 lzm!C T8 l8 �, TS B ZA �I 73 5I cr 1B 38 IE r f&+ w IC 52 k d II � is \ k iE 47.4 AC ' n 2z i U � W TRACT MAP $c.— �f .36 AC CR 2 YA � .98 TR 183 AC 2 3 4 MICHAEL DR 1 ' TR 18 a GREENWOOD DR 1 I .586 AC 2 1 2A 1 Y 1 1R S 2 IQ 4 1 AVI oco 1 ` TR 1 B +a :.o A 1.03 AC 5 TR 6C2 7R 6C1A A 1EnI R Sr 2.0 AC .45 AC ��.-• sf 4R no 3 700 W 1DI O 6 r 2 3 O 1 � "AG" ' 1 s nn_1 a 4R TR C3 1 co l� .7 0 H. WHITE N 10 "' $ ,,, l'Le 14; g MIRAGE CAR WASH LTD. vA,1 1 `.'I NORTHEAST 1 i �A PTIST CHURCH q +SAG"ICl 1 ' R. WOODS a'� 1 I K. HARL-AN o TR 1818 $� �� s TR 1B1A1 1 2.0AC 2.70AC 3.0AC „AG„ c 1 I E 1 1 1 ' .9441 R. WOODS 1 R' ODDS Igo117 - 1 � TR 2A TR I M A 1 �• .81 ACo. 1 U 34 .19 AC Z I "AG" w 1 en I J.J.B. ENTERPRISES INC. 120 A iE ` 3 CL cc 33 w• I TR 5A a 1 F— i 11.27 Ac j 1~ Z I w Id IA m u TR 1Ay/ 1 1 1.4 A 1 � _ TR 2 ADJACENT OWNERS 25 20.109 0 e;C. s Mw N Z� g ., G ' IP A � r --- . Ram Don Perry To:Lindy Eialew Date 12011998 Time 3.05:38 PM ' Z 5 i� December 21, 1998 Mr. Lindy°Ballew K12 Design, Inc. 1711 Price St. E Keller, TX 76248 Dear Mr. Ballew: - 1 You recently contacted me with-questions about driveways into a site that you are working on at the northeast comer of Davis Boulevard (FM 1938) and Continental Boulevard, also known as Union Church Road and County Road 3099. Your questions concerned the locations of driveways with respect to major intersections. This letter is in response to those questions. It is my understanding that there is a City of Southlake requirement that driveways be hated at least 500 feet away from major intersections, and that driveways be a minimum of.300 feet apart. In addition, there must be some internal stacking at each driveway. I -,ould like to discuss some theory of dri-%-eway access to adjacent properties, and ,,ith respect to adjacent zoning. The amount of traffic that is generated by any given development is determined, obviously, by the uses allowed on the property. The higher the use, the more traffic that is generated. Generally, as in this -case, more traffic is generated by commercial and retail uses. Thus_driveways become more critical with respect to higher generators. With more traffic being generated, the location, design, and number of dri ve v%ays will determine the level of service of the adjacent street system. Location of driveways with respect to a major public intersection is one of the factors that impact the level of service. Driveways into private property should be located a sufficient distance away from a major intersection to allow a driven to react to a tehicle in front of them to turn into either the driveway or to maneuver = into a turn lane. A drivers attention is concentrated on traffic around them as they ' 1411 ltw&,Eca Z4&c Arc 4g9rauc, ?Z 76014 l c S17-46r379t," 817-465-10?P ��RECD�DEC 2 g� • ' From:Don Pe nny To:Lindy Baiew Date:12J21/1998 Time:3:05:38 PM Page 3�of 5,, s -- approach and pass through an intersection. It generally requires I.5 - 2.5 seconds{ for the driver's attention to return to what is happening in front of them after passing through a signalized high-use intersection. And again, generally, traffic passing through a signalized intersection will be traveling perhaps 3040 miles per. hour, depending on the amount of traffic and some other conditions at the intersection. This calculates out to 44 - 58 feet per second. Thus, using the minimum numbers for a less important intersection, this would equate to 66 feet away at 30 mph and 1.5 seconds. This would go up to 145 feet for very busy- intersections at 40 mph and 2.5 seconds reaction time. Most cities that hav-e_'standards for downstream driveways -away from an intersection use standards from 10 feet from the intersecting property line in Dallas (which amounts to about 20 feet -and is negotiable), to 60 feet in Arlington, to 75 feet in Carrollton. I would prefer something in the range of 100-130 feet, giving the driver perhaps two seconds of reaction time after passing through an intersection..I am not aware of a city that uses more than 150 feet as a standard. Next, we should consider the design of a driveway given the use. The more traffic that will be using a driveway, the higher the standards that should be used. A driveway into a major mall would be required to use acceleration and deceleration lanes into and out of the site. Large radius curb returns, with islands, would be used to allow turns into and from the property at higher speeds. Two to three lanes N%-ould be used in each direction, probably- separated by a raised median, and with a throat depth of 50-150 feet to allow traffic to stack. This design would then range do«n to minor retail driveways that may be 26-28 feet wide, use a 15 - 20 radius at the corners, be t%vo way, and access the property directly with only one car stacking in the throat. The design of the driveway will depend on the amount of traffic into and out of the site. For a small retail site the smaller, less features would be appropriate. Y Then, the number of driveways for a giverLsite should be considered. One theory is to severely limit the number of driveways to a retail site and depend on very few driveways to handle all traffic. This would require a very high level design and may actually cause some congestion at that driveway. Another approach is to allow a few more driveways and alloNv each to support the other by spreading the traffic along several points of access. This allows the dispersion of the site traffic into and out of the development. Generally where the number of driveways is restricted; traffic signals, four way stops, and other controls are many times installed to help control the site traffic's interface with the traffic on the street. Where more' driveways are used,yield or single stop signs, or even no control, are adequate h N •From:Don Pemy To:Lindy Balew Date:12r2111998 Time:3:05:38 PM Page of 5 The general concern about the location seems to rightly be the safety of the driving public. I an not aware of where the standards for requiring a driveway to be located 250- 300 feet away from an intersection originated. I am aware of few intersections that a driveway is not located within the first 100 - 150 feet downstream, and am not aware of another regional city that requires such a setback. The general response of drivers once they are past the intersection seems to allow driveways closer than that being discussed on your site. My experience over the last 22 years with various cities and over the past five years in traffic engineering consulting -indicate that safety is-not significantly compromised by allowing driveways within the first 75 - 150 feet of major tersections. I have reviewed the site plan that you prodded to me, but have not had the chance to do any actual traffic analysis as far as trip generation for the site is concerned. Also, I have not had the opportunity to obtain projected traffic volumes from any source for Davis Boulevard or for Continental Boulevard. All this information is used to analyze the site with respect to the adjacent street system and to provide information about the impact of the location of driveways closer to Continental Boulevard on Davis Boulevard than is shown on your site plan. While the requirement of no driveways within the first 300 - 500 feet is extraordinary, the standard is admirable, if not practical. In terms of moving traffic, it is desirable to have absolutely no driveways accessing an arterial street. And while protecting major intersections with such standards will help traffic, it does penalize the adjacent property- owner. I have seen the 500 feet standard used only for major trip generators, such as The Parks Mall in Arlington. And most of these driveways handle traffic equivalent to arterial streets, and are signalized. While not having benefit of the completion of a traffic impact study or analysis, my A: first impression of the requirement of a driveway located 500 feet away is that rt ` . will concentrate all entering and exiting traffic at this one point, and cause more " problems than it will solve. A concentration of a great deal of slow moving traffic at one point will cause more congestion than several points with a great deal less traffic. It would appear that this one point of access will create a problem that will have to be handled later with additional on-street traffic control. My initial reaction to this requirement is that you should have at least ones 4 additional driveway approximately 100 - 200 feet north of Continental Boulevard to better distribute both the traffic on your site, and the on-street traffic. This location eta;- F• com Dan Pemy To:Undy Ba1ew - 4 a Gate:IM111998 Tmro 3.05:38 PM `` f a �». 5 err a.Pa9e I x allows adequate driver reaction time after passing through the major intersectin to respond to traffic ahead of them, and should present no eNident traffic safety issues. I will be happy to provide additional information to you with respect to further traffic analysis at your request. It will take approximately two weeks to gather`the information and provide an adequate traffic impact analysis .with respect to the street system and site traffic interface. Sincerely, t Don Penny,P.E. Principal, Penny& Associates P d,Pweo�els City of Southlake, Texas ,tea SITE PLAN IZEMM SUMMARY 4 ase No.: ZA 98-137 Review No: Three. Date of Review: 1/15/99 Project Name: Site Plan for C-3 Zoning Request on Lot 4 T. J. Thompson No 1502 Addition Davis Boulevard Center(Retail Center on South Lot) APPLICANT: ARCHITECT: Ron Woods k12 Inc Design Education Facility Specialists 611 Davis Boulevard 128 E. Texas Street Soui_lake Texas 76092 Grapevine.Texas 76051 Phone: O Phone: (817)488-7732 Fax: n Fax: (817)488-3437 Attu Lindy Ballew CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON /1 11/99 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 LISA SUDBURY AT(817)481-5581,EXT.862. * This property lies within 400 feet of single family residential property,triggering the Residential Adjacency Standards of Ordinance No. 480- CC. Proposed Lot 3 is potentially a lot to be developed as a portal entry. The applicant has worked with the City to establish the lot/location.No trails are required on this site.This lot is in compliance with impervious coverage requirements. 1. 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. Davis Driveway Req'd Spacing Prov'd Spacing Deficiency To Continental Intersection 500' 273' 227' To North Drive @ Mirage 500' 129' 371' Continental Driveway Req'd Spacing Prov'd Spacing Deficiency Existing Driveway 250' 244' 6' east of proposed (P&ZAction 117199:Allow as shown.) b. Provide the minimum stacking depth. Driveway Req'd Stacking Proy'd Stacking DeficiLm • Davis Driveway 75 50' fill Continental Driveway 75' 50' 25' (P&ZAction 117199:Accepting applicants commitment to get 50'of stacking depth.) $�- to City of Southlake, Texas NOTE: Stacking requirements are based on the total number of parking spaces served by 4 the development(171)and the total number of driveways(3). This development inides: 56 spaces, 1 spaces on the north,adjacent lot, and 100 estimated spaces on the _ch - undeveloped tract to the east. (Assume 37 spaces per acre which is typical of officetretail development in Southlake). Driveways include 1 additional drive on the eastern most boundary of the eastern lot. C. Provide Common Access Easements 2 foot wider and centered over common driveways. 2. The following changes are needed regarding bufferyards and interior landscaping: . a. Correct the required length of the north bufferyard to 215' and provided is 132'. The number of plantings appear to be correct. Please note the applicant has corrected the charts based-on information-provided by staff,however,after further evaluation staff has revised the review again and as cis the applicant to make these changes. b. Provide a 5' -Type A bufferyard along the common property line of Lots 4 and 5. The applicant is requesting to decrease the length by 83'and relocate this bufferyard to islands north of the building due to the common drive location. A portion of the bufferyards are increased from the required 5'to 7' in width. 3. The following changes are needed regarding the lotting: a. Revise the boundary to comply with the plat,as approved,being processed concurrently with this request. b. Correct the lot areas to correspond with plat. C. Show, label,and dimension easements on or adjacent to the site, consistent with the plat. d. Label Lot 3 as"Reserved for City Entry Portal". NOTE: The configuration and size of this lot may change pending evaluation of existing tree locations. Please provide enlargement of area shown on site plan in comer outside of curbed areas with exact tree locations for evaluation. 4. Correct the number of parking spaces provided on the plan.Fifty two(52)spaces are required.It appears there are 50 spaces shown on the plan. The site data chart shows 51 spaces.NOTE: A 10%reduction in the number of spaces may be granted by City Council if requested by the applicant. 5. Provide the adjacent property owner's name,existing zoning,and land use map designation ("L.U.D. ")for all properties. 6. Show and label all pedestrian walks for use by tenants or the public. r; k - City of Southlake,Texas 7. Several numbers shown in the Site Data Summary Chart are the same as the previous , ubrimittal. These numbers appear to be incorrect as the number of parking spaces has decreased, c I-c. Correct the following Site Dat-Summary Chart items: Site Data Summary Lot 5 Open Space Area (Verify based on new plan) Open Space% (Verify based on new plan) Requested Zoning S-P-1 Parking Site Coverage Building Area 8. Dimension the distance from building to property lines. 9. Show the location,orientation-,type and height of any intended lighting, signs, and exterior auditory. 10. Label the dumpster screening and note: Screening will utilize similar masonry materials to the principal structure. t 11. Include all curb radii dimensions adjacent to the fire lane. NOTE: Fire lanes shall have an unobstructed width of not less than 24' and shall have a minimum inside-turning radius of 30' and a minimum outside turning radius of 54'. Firelanes cannot extend into parking spaces or other obstructed areas. Contact Bruce Mueller, City Fire Marshall. 12. Revise the site data chart and title block to reflect the 11SP-1 Zoning Request" for Lot 4. 13. There are some discrepancies between the site plan Sheet A.01 &the landscape Sheet A.02, including labeling of sidewalks, fences,building areas, lot areas, etc. which need to be corrected. The "8'/Brick"notation regarding fencing in the north bufferyard should be removed from the landscape charts, no fencing is required. P&ZAction: January 7, 1999,Approved(5-1)subject to Site Plan Review Summary No. 2, dated December 31, 1998, as noted above and with the following modifications: • amending the requested zoning to "S-P-1"Detailed Site Plan District with the underlying zoning of"C-3"General Commercial District but restricting it to "C-2" Local Retail Commercial District uses; and • delete two parking spaces in the southeast corner. * Common driveways require the dedication of a Common Access Easement on each affected . property(Driveway Ordinance No 634, Section 5.2.e). The off-site CAE will need to be dedicated by separate instrument.A dimensioned exhibit with legal description defining the area of the CAE prepared by a registered professional land surveyor must accompany the written/legal agreement.ent. A CAE from the adjoining property owner on the east must be filed of record and copies provided to the City prior to issuance of a building permit. Consult with the City Planning Staff mi preparing } the easement and prior to executing and filing the easement. f City of Southlake,Texas pP U ,. No review of proposed signs is intended with thus site plan.�A separate,building perirut 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, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Permission from the adjoining property owner to the east must be obtained prior to any construction on that lot.A permit from TxDOT must be obtained prior to any curb cut along F.M. 1938. * Denotes Informational-Comment_ cc: Gang L. Walker VIA FAX @ 972-355-2029 Lindy Ballew VIA FAX ABOVE Lennie Segal VIA FAX @ 817-274-3278 Ron Woods 611 Davis Boulevard, Southlake, Texas 76092 1COMDEV\WP-FILES\REV\98U8137SP3.WPD ,1 M M1 wft 1 A TREE. PRESERVATION ANALYSIS (Non-Residential Development) Case No: ZA 98-137 Date of Review: 11 - 5 - 98 Number of.Pages: I _ Project Name: Davis Boulevard Center(Rezoning/ it Plan) APPLICANT: ENGINEERS/PLANNERS: K12 Design Inc. K12 Design Inc. Phone: ? - - Phone: ? 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 HApACT 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: The applicant has not provided good-faith in providing for the protected trees existing on this site. 2. All existing specimen trees with a caliper of 12"or greater shall be saved in landscape areas as a part of the development. With the design of the development,the applicant has not provided area sufficient to preserve a majority of the existing protected trees on the site. 3. The driveway off of Continental will remove ten(10)healthy protected Post Oaks. If this driveway is moved just forty(40') feet or more to the East all ten(10)trees may be preserved. 4. Two landscape islands could be placed in the parking lot to help preserve the two(2)existing Pecans. 5. The utility line which runs from Davis Blvd. into the development could be moved to the North or the South to preserve the three(3)protected Post Oak that it currently runs through. - BUILDING INSPECTIONS L:ftves/dre9&'98-137 r Y ` . s -� ' - ,� s+xu•roo iNvant�Ivsunos �,„�"� NOW04Y FOCI •ON N09NIpLL Yl Y amw s S101 6v a�aa n n n 1 N N N iv dg i 41 p ' i3!>I�� i��l-1,i�:ll'!•!3 ii�l-r� �� -s!- -I! C 1 { t a - I I 4I I al I I R I \7w no Pit i NN ! i ► fL'CIt 1',,Q12DOps _ 3 = � II i �c • 3 � r, I oi'. Ig 3 �' . 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AWBOO,INYUNI A3NIfR IIOSr110lLL 'ascs Lfi KwLY=M�IfOD�'01119 91 - moo( c c �cc N a r C-3 � O w F [a m a L� •o a J lLJ J J Q o U o > U A Uj c OT W <ct 7 CSZ W Cu f>!t7 16 Ga > '{ "3 �a x as o »~ S00'21'00'E 404.70 ~o �� 3N vua coCD A (4 r > o W n WN Y J to >o 1: Uj y to at In n W =)i-+ r f Li . N IY a o �`'`=,j Y i' P4 W Q oz�y F ( �"'T. PF o mlzau ` ` .�, Z Y r O C p S Q N U Y Y Q 01 In ri co fV J 1-fn T I1(1 o W > 7a Y 1 V '•�j Y N•oi �'..Y ji�..,,` !-! Z O Y W z a m,� Z t U /..t.r. `Y 6 r�L 0 N y U • i �1 �f t!!`-: U u _ a Z' lrtr o !M m r 7 +1 N r Y N + #0' UTILITY ESMT. TO THE CITY OF SOUTHLAKC za ' r;?+ / VOL. 12141, PG. 822 �1 N o N00'22'00'W 405.00 Nd IJ M N DAVIS BOULEVARD (FA. 111930) p.�Z. ASPHALT PAVING, Z Z.Z-. oL3 _ aW w CITY OF SOUTHLAKE TEXAS ORDINANCE NO. 480=299 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 SQL�HN;PORTI TRACT 1BI x SITUATED a gIl�T THE T. aJ THOMP . SIIRVEY, " ABSCT APPROXBt%I TEL; M ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM' AGRICI7I.TURAI� DISTRICT TO "S P 1'� D�TAIIIED P H,UNDERI YING C 3" GE COMII�RGI ►L DISTItIGT ZONING;BUT LIl�IITING[3 TO "PT-I:OCAI TAII. 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 authorityto adopt a comprehensive a zoning ordinance and map regulating the location and use of U%CnTDOCS 0MCASFS%4W299.WPD 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 Duct 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 prr prietary 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 L\CITYDOCS\ORD\CASFS\484299.WPD Page 2 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-crowdingof land avoids undue concentration centration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L:\CITYDOCS\ORD\CASFSWW299.W P D Page 3 BSc-a5 SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a pQrtlori ofTractl' sifedzn '; �Tbidsa` e bstra 1502 andii rofl 23cr and more fully and completely described in Exhibit "A" from ". C icf to 52P PlanDistnc nth etng " CeeCimmercialc 4� limitwg-iesCL`olltefai District 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. SECTION 4. That the zoning regulations and districts as herein established have been made in (W accordance with the comprehensive plan for the purpose of promoting the health safe morals P PIP P g � safety, L:1CITl'MMORDTAS EPASO-299.W PD Page 4 Coe - 7 G 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, affectingzoning and shall n g of 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 L:%CITYDOCSIORD\CASF_SWSO.299.WPD Page S " sic - ate 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. L•\CITYDOCS%ORD1CASFSU80.299.W PD Page 6 G �C- �O PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 19". MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CRYD0CSI0RD\C4SES%480-299.WPD Page 7 mac- z5 (we EXHIBIT "A" L-XCPCYDOCS%OR MCASFSI4WM.W PD Page 8 �C. -- EXHIBIT "B,e QW, 1aho�-m iwlrra 7,wrwrlos,IOIY00.{OC\ti11../:.Ig11{T1'i OIIN.LIOt C Cn y P P Z, ig48 A;i Z. LLI 1 Lug �� 11 :reed _ 3€ 1 1 \�, ,I :o +: Va 1� ixazii Ir 05 pp Z. ,._.I, Y6 r g 11 1 ! d QI pow J �.. � 7o 12�`} 1 V` p �r�� `IT7--� 3 i It � � � �• �'1 �=--� •ram' �i 1 ;: it r t � S = � „o t t � .p r u^�1••lai�t'�..I _ Ll I VI _ Q' i ' t .n w�woc.u.ov. ✓ <r. w 4i�I..—TE_ _ - ..._._ - _ `_..... - I�iJL ._x— ��vl r. ll E (scs►wa) OMrAnnoa SIAVO ter. L%CrrYDOC MORDWASEMlIY2".WPD Page 9 �c— 3� EXHIBIT "C" (awl 41Cn'YDOMORD%CASES%4W299.WPD Page 10 City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-155 PROJECT: Ordinance No. 480-300 -First Reading/ Rezoning/Proposed Lot 3.T. J. Thompson No. 1502 Addition(Davis Boulevard Centerl STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change for proposed Lot 3, T.J. Thompson No. 1502 Addition, (Davis Boulevard Center)on property legally described as being a portion of Tract 1B 1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately 3,000 s.f. PURPOSE: Rezone property for the purpose of platting to accommodate a future City of Southlake entry portal location. LOCATION: On the northeast comer of the intersection of Continental Boulevard and Davis Boulevard(F.M. 1938). OWNER: Ron Woods APPLICANT: City of Southlake CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Four(4) RESPONSES: None P&Z ACTION: January 7, 1999; Approved (6-0). STAFF COMMENTS: A Concept Plan is required when processing a change of zoning to the "CS" Community Service District. The intended use of this property is a City entry portal feature.The design of the portal feature has not been finalized and will be determined by an ad hoc committee and the City Council. Due to the limited scope of development of this site the City Zoning Administrator has waived the requirement for the Concept Plan. L:\COMDEV\WP-FILES\MEMO\98CASES\98-155Z.WPD V\ 9D k " :8 91k R_ I 1 - 1 R3 L 7" q 1 k lE a z 181E k ER um ru Ka lC II ~� - II )5 i i YJ Z R.P. 1 213 6546 lC 9 5.9 Ac ' \ e k i 1 Ky� � SURVEY SURv` 92 le R Tm m 1 SS k t3D 1 RL R ` 195M 1C F=` 3?al Ili� k II:�J 1 2l6 122 k 249 18 R U 1 T8 ID 250 1 RIC na a rt 9 3 RSA2 � ft M AC E4 le! t84P TR 5U, i a Ac 95k Sk R� am Y SLR aTR 9! 78 6 i3 acu R43 R4C RQ 06C4 q G 72k 48k R � sn t R 6R 27 is R 6P R 1Hl R F R zi iB 5d a n 3B ' w 4C 52 k - re r T8^A R 1� 1 1 R4 Zit 7.41C • I ``-�2 k R R ram—'• - r - ;L - 1( J U U TRACT MAP 9 > 86.2 f U .36 AC E 'A 2 Y CR � A 1 , , A i t TR 183 2 3 4 try 1 .98.AC 1I MICHaEL DR � ; 7R t e GREENWOOD DR um 1 I .586 AC t ,R v s 2 2A2 �5 1 � I X 2 A TR 1B4 • »0 W 1.03 AC w R TR 6C2 TR 6 C I A A 1�, i7 Y s ,45 AC �-» C+j 4R 2.0 AC >o• }7 3 >m Palo oI aa; 2 3 ;� a Za 1 t s 4R a TR 6C3 1 co .75 o LLEN 1 �i g - - ,,, 313 1 ' - Y� 10{ It it of NORTHEAST AG En BAPTIST CHURCH 1 t R. WOODS o 04 1 I K. HARL:AN o TR iBtB $I �� s TR 1B1Ai wAG�� t 2.70 AC c t 3.0 AC 1 ` �.� R. WOODS 1 9441 O 1 l r F . 1 tW t17 1 - L1 1 t ` .,SAG 34 N 1 ci w 1 z I AG a Q 1 cn n' CL 1 N,'.t J.J.B. ENTERPRISES INC. ca � I 33 liJ, t TR 5A 1.27 AC .. 1cn W IA o; I a TR 1Alj 1 t 1,4 A �� 1 TR 2 ADJACENT OWNERS 25 20.109 0 1 19 NG $D.3 1 t CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 300 n 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 `HFR4Ptl►SEDmLO� g TI � IP ;Q a. 50ADDITIO (DSQLE ; CENTER) ©N PR@FF;RTY LEGAL-LY:_DESC�tIBED BEING T.HF. SOUTHWESTERLY PORTION OF TRAGT� SITIATE 'HEiOlYRSONSURVEYBST , NOJ SU �EINPRQXIMTELX 3;00 S;F AND MORE , FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM iG"AGRICITI1'IRAL DISTRICT TO "CS` ' OMNIUNIT)Y� ERVICE °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 L\CITYDOCS\ORD\CAS M480-3W.W PD Page 1 p 00'� 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� � DAtcet 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 L:\CrrYDOCS\ORD\CASESX480-30O.WPD Page 2 t 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: (blow, LACrrYD0CSI0RD\CASES4W3W.WPD Page 3 D_ 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: Be#ig the proposed Lot 3,4 T J� Thompso#No u1502 Additions a Dav s 3Boulev zd Geriter) on property iegatiy descliedsbetnghouthwe��"ferlypaie 1B1 situatedz th J ThompsonSurey, Alistracty S02 Wands to approxima�te �000 s , and more fully and completely described in Exhibit "A" from "AG" Agricultural:D�stnct to "CS' Commu�utyService"Distnet. 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 L\C ITYDOCS\ORD\CASFS\480-300.W PD Page 4 congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. LACITYD0 CSI0 RD\CASESWW300.WPD Page 5 �a$ 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. L:%CITYDOCSNORD\CASPS%480.300.W PD Page 6 Q(� OUCi PASSED AND APPROVED on the 1st reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L\CrrYDOCS\ORD%CASES W3W.WPD Page 7 EXHIBIT "A" L%CrrYDOCS%ORD%CASFSWW30D.WPD Page 8 ��l f City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98-139 PROJECT: Plat Showing/Lots 3. 4. and 5 /T. J Thompson No. 1502 Addition STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787 REQUESTED ACTION: Plat Showing for proposed Lots 3, 4, and 5, T. J. Thompson No. 1502 Addition on property legally described as Tract I 1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being Approximately 2.00 acres. PURPOSE: Platting in order to get building permits. LOCATION: On the northeast corner of the intersection of Davis Boulevard(F.M. 1938) and Continental Boulevard. OWNER: Ron Woods APPLICANT: Segal Enterprises CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Six (6) RESPONSES: One (1) response was received within the 200' notification area: • Ronnie Woods, 734 CR 2585, Alvord, TX, in favor. (Received November 16, 1998). P&Z ACTION: November 19, 1998; Approved (7-0)the applicant's request to table and to continue the Public Hearing to the December 3, 1998,Planning and Zoning Commission meeting and placing them in front of all other development cases on that agenda. December 3, 1998; Approved (7-0) the applicant's request to table and to continue the Public Hearing to the January 7, 1999,Planning and Zoning Commission meeting. January 7, 1999;Approved(5-0-1) subject to Plat Review Summary No. 2, dated December 31, 1998. City of Southlake, Texas STAFF COMMENTS: The applicant has met all requirements listed in Plat Review Summary No. 1, dated November 13, 1998, and Plat Review Summary No. 2, dated December 31, 1998, with the exception of those in the attached Plat Review Summary No. 3, dated January 15, 1999. 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TR 1AV I 1.4 AT �/ 1 -- -Ls't-�{__� ?4 ADJACENT OWNERS � 2s 20 09 0 A ONING J1 NISN �`i A , URC 6�� - 24 City of Southlake, Texas PLAT REVIEW SUMMARY ase No.: ZA 98-139 Review No: Three Date of Review: 1/15/99 Project Name:Plat Showing-Lot 3.4& 5 T. J. Thompson No 1502 Addition being 2.00 acres out of the T. J. Thompson Survev Abstract No 1502 APPLICANT: SURVEYOR: Segal Ent=dses Loovd Bransom Surveyors Inc 1907 Pebble-wood Drive 1028 N. Sylvania Ave. Arlington. Texas 76006 Fort Worth Texas 76111 Phone: (817)226-8857 Phone: (817) 834-3477 .-Fax: (817)274-3278 _ Attn Lennie Segal Fax: Attn: Charles Hooks CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/11/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862. 1. Verify the"12.5"'dimension from centerline on the south side of Continental Boulevard. 2. The following changes are needed regarding easements: a. Provide common access easements in accordance with the Site Plan, as approved. (No. 483- 3.07-E) b. Where adjacent property is unplatted or platted showing a 5'U.E.,provide a 5'U.E. along the property line; if adjacent property is platted and shows no easement,provide a 10'U.E. along the interior of the property line. NOTE: Although required by Ordinance, staff recommends the surveyor contact the franchise utility companies to verify needed easements. Also, where possible, avoid placing easements in the vicinity of existing trees. 3. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * The City plans to negotiate the purchase of Lot 3 for an entry portal feature. Staff is working to finalize the desired lot size and configuration. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * 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 11" 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. L:\COlWBV\"P-PILSS\t=V\98\98139PS3.VM c page I City of Southlake,Texas 4 'y A DeveloperA "s greement is required prior to any construction. The Developer's Agreement for this " addition should consider streets, drainage,park dedication requirements, off--site sewer extensions, and off-site drainage and utility easements. * Denotes Informational Comment cc: Garry L. Walker VIA FAX @ 972-355-2029 Lindy Ballew VIA FAX ABOVE Lennie Segal VIA FAX ABOVE Loyd Bransom Surveyors VIA FAX ABOVE Ron Woods 611 Davis Boulevard Southlake, Texas 76092 z L:\COMXV\wp.vnas\xmgs\gsi39PS3.VM Page PIIitxmgs\9S339PS3.VM _� � 2 n �f � h. w 1 CT) �a Q aa t� � � •� {lI � Etr � � i 3 � .. &L .\ •r .� M �a w� p � M t ' •S a 1+ lialit, ho;� F � t i City of Southlake, Texas --- i i STAFF REPORT January 15, 1999 CASE NO: ZA 98-115 PROJECT: Plat Showing / Lots 3 - 5 J. Thornhill No. 1505 Addition STAFF CONTACT: Dennis Killouoh, Senior Planner, 481-5581, ext. 787 i REQUESTED ACTION: Plat Showing for proposed Lots 3 through 6, J. Thornhill No. 1505 i Addition on property legally described as Tracts 113 and 1 B 1 situated in the James Thornhill Survey, Abstract No. 1505, and being approximately 5.00 acres. AMENDED REQUEST: Plat Showing for proposed Lots 3 through 5, J. Thornhill No. 1505 Addition. PURPOSE: Purpose of this plat is to create three (3) residential lots. LOCATION: On the north side of West Continental Boulevard approximately 250' east of Southlake Hills Drive. OWNERS: Kaeini Family First Limited Partnership; Raman Chandler APPLICANT: Kaeini Family First Limited Partnership I CURRENT ZONING: "AG" Agricultural District I LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Twenty-nine (29) RESPONSES: Six (6) responses were received within the 200' notification area: Raul L. And Helen S. Regalado, 1006 Southlake Hills Drive, Southlake, Texas, opposed. "1. The existing zoning provides a 'green space' buffer between existing residential subdivisions. 2. i Continental Blvd. cannot take additional automobile or construction traffic without experiencing further deterioration." (Received October 28, 1998). • T. Todd Lovve, 1004 Southlake Hills Drive, Southlake, Texas. opposed. "No plan to the homeowners as to the plans for the development of the property." (Received November 2, 1998). ' i City of Southlake, Texas -- I � Joseph J. Polak, 12Z6 Ridgewood Circle, Southlake, Texas. undecided. "I am unsure how this will effect drainage behind my house. I think the city gave homeowners in Continental Park Estates incorrect information about the amount of water flow." See attached letter. (Received November 4, 1998). • Luis A. Bonet, 1002 Hidden Knoll Court. Southlake, Texas. opposed. "Not enough information on how drainage issues will be handled. Concerned on how the city will enforce any ordinances as one of the lots is used for commercial purposes." (Received November 5, 1998). • Bonnie Nagy, 1313 Northridge, Southlake. Texas, opposed. "Water drainage." (Received November 5, 1998). • 1Vfatthew R. Belaus, 1311 Northridge, Southlake, Texas, in favor. "The residents of Southlake Hills that border the property are j pleased with the plating changes that have been made since the j meeting on 11/5/98." See attached letter. (Received January 7, 1999). P&Z ACTION: November 5, 1998; Approved (7-0) applicant's request to table to the December 3, 1998, Planning and Zoning Commission meeting. (Public Hearing was closed.) December 3, 1998; Approved (7-0) applicant's request to table to ithe December 17, 1998, Planning and Zoning Commission meeting. December 17, 1998; Approved(7-0) to table to the January 7, 1999. i Planning and Zoning Commission meeting. i January 7, 1999; Approved (6-0) subject to Plat Review Summary No. 2, dated December 11, 1998, allowing Item #1 (100' lot width) as proposed and deleting Item #7b (drive alignment). STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated October 30, 1998, and Plat Review Summary No. 2, dated December 11, 1998, with the exception of those in the attached Plat Review Summary No. 3, dated January 15, 1999. I L:ACOMDEV\WP-FILES\MEMO\98CASES,98-I IiPS.WPD I ! i Nov. 4, 1998 City of Southlake Planning and Zoning Comm. 667 N. Carroll Ave. Southlake, Tx. Dear Sirs, I am undecided about ZA 98-11 5 because I am not sure how the additional drainage may effect the drainage area that runs from the ZA 98-115 property, across Continental Blvd. and behind my house and others in Continental Park Estates. Three years ago, I believe that the City either misled the homeowners or miscalculated the amount of water flow that runs through the drainage area behind my house. The City never completed the job when Southlake Hills was built and a new larger culvert pipe was installed under continental Blvd.. Stone was supposed to be installed to slow the water flow. I now have severe erosion that could get even worse if there is additional drainage from this developed property. It ism opinion that the Y P City needs to seriously look at this drainage situation and consider what is going to be done to correct the erosion problem that now exists and could get worse. Best regar Joseph-YPolak 1226 Ridgewood Cir. g F-3 ,! y _ J i 8 � 1■■■■ut�� ;,.r. ♦jam��►�1� � .:�U im in Al INIA wn AMI I LTA -ter•.•� _.�, _ r� �■■■� � Ili ��' n " • 2.3' CY 2 1 , IN to 8 2 2 5 ti 3 6 5 4 I to 4 - 3 t co l ,.o � 1 6 s 2 no U u' 1 � a 8 E O 2 "° A R 140 EE-+ it 9 A' 6 7 1 = 12S O !v tb z ,i a 0 11 w "SF-20A" '° A I� it its u < 5 �D.GALASKI a > g 2 4 NORTHRIDGE Dr 1 �C Z W w ,. a L 7 ? z m ? LL DL, pR A x :J. LOWE Y = � A J FJ TK i 50 U - -' A Ito no t PEARSON N 0 2 T.CHRISTENSEN a, z 6 - � t 'n tat p x J.BECTOL D.CROSS TR 1A4 R. REGALDO � ,!J. GAGNON t o z . 1.21 AC �I C 3.38 AC to Q t� TR IA1 _ T. FULLER T.TORREY L.BONET IB.BARTHOLOMEW 1.0 AC 4 'SF-20A' t.t a TR IA6 .29 AC K.MOORE• �TR 1A6A .50 AZ 3 S. 1 ;J M.SHARP _ ° ^ TR 1 AS EARNEST K.MOORE - .81 AC R 2 i D.BIDDLE "AG" TR 1 A.9 SU K.MOORE - 1 10 AC 100 ' - ]IJ f - - - - - - - - - - CONTINENTAL BLVD - - - - H3 I 12R _ J. HOLLSTEIN J. POLAK E. ROBERTSON' T. DILL - 43 301 ,F ip ,a, I j tw G4 11R D.TOMLIN a� T. GARDNER M-RICE - C_VIANE s 42 � =0` 10R s 30R a� t,SF-20B" ` 7 v ,n - rs 294 to p 9 a x _ 36 _ to 23 3 sat Ems+ R 5 - 418 , A a 37 d t:. 2- - 8 ri. /P I : _ � 2. ADJACENT OWNERS 8 2 22 1 AND ZONING City of Southlake, Texas MEMORANDUM January 12, 1999 ITo: Greg Last I ` From: Charlie Thomas Subject: ZA 98-115 Plat showing for proposed lots 3 through 6, J. Thornhill No. 1505 Addition During the re-zoning and platting hearings on the Kaeini Family property, some of the adjacent property owners complained about the drainage on this property. Drainage easements along the west side, east side, and north side of the property are included on the plat in case the public has to do something with the drainage on this lot. when a building permit is pursued on this property, a grading plan will have to be 1prepared and followed during the construction of the house. In my opinion, this will resolve the drainage problems across the property. At the last P & Z meeting, I heard of a letter received from a property owner south of Continental Boulevard complaining that the City had not done some work in his subdivision that the City had promised to do. There is a CIP project planned for channel improvements along the rear of the lots. There are not funds available for that project at this time. If you have any other questions concerning drainage on this property, please call me. C tT is CC: Bob Whitehead RECD J N 12. 1999 e�F`7 City of Southlake, Texas -- PLAT REVIEW SUMMARY I e No: ZA 9 -115 Review No: Three Date of Review: 1/15/99 i iProject Name: Plat Showing. - Lot 3 - 6. Thornhill No 1505 Addition being 5 acres out of the James Thornhill Survey. Abstract 1505 I APPLICANT: SURVEYOR: The Kaeini Family First L.P. Peebles & Associates 509 Dunn Court 530 Bedford Road iGrapevine. Texas 76051 Bedford, Texas 76022 Phone: 817)481-5122 Phone: (817) 268-3316 Fax: Fax: (817) 282-3603 Attn. Don Peebles CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON /l 13/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. -------------------------- 1. Provide the minimum 100'lot width at the minimum front building line(40) for Lot 4. The applicant proposes an increased setback measured 20' offset of the common lot lines of Lots 3 & 5. The lot exceeds 100' in width at this line. (P&ZAction 117199:Allow lot width as proposed.) If a single common drive is provided, staff recommends it be aligned with the intersection of Ridgewood Circle or offset greater than 125' apart. Remove"Prop." from the access easement label. The applicant should be aware that the minimum driveway centerline spacing along Continental Boulevard is 100'. (P&Z Action 117198: Delete driveway alignment with Ridgewood Circle requirement.) 3. Change the "access easement" label to "Common Access Easement" and delete the note regarding "Common access to serve Lot 5". A common access easement is intended to serve all lots it adjoins. (Comment added after P&Z.) 4. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. P&ZAction: January 7, 1999;Approved(6-0) subject to Plat Review Summary No. 2, dated December 11, 1998, as noted above. SF- S L:\COMDEV\WP-PILES\ASV\98\98115PS3.WPD Page 1 City of Southlake, Texas -- * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. :also irequired are two sets of owners' dedications and notaries (8.5" Y 11" 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 grading/drainage plan will be required prior to issuance of a building permit on any of the proposed lots. i * A Developer's Agreement is required prior to any construction of public infrastructure. * Denotes Informational Comment cc: The Kaeini Family First L. P. Don Peebles R. C. Chandler i i i i L:\COMDZV\WP-PILHS\M\98\98115PS3.WPD Page 2 I m rn CT) fit i iid At tl HIS I Jill it Hit lit! Ri s p I ill Jill + l� t✓�i j i `( � » c^ g 23 3 • 9 9ii y � I r •� ` e � .011f1 � /,Mee• 1 I 11.M RYfAIWIee it SF— 1c� R . City of Southlake,Texas MEMORANDUM January 15, 1999 To: Curtis E. Hawk, City Manager From: Ron Harper, Deputy Director of Public Works Subject: Authorize the Mayor to enter into a professional services agreement with The Beck Company for construction management services in conjunction with Southlake Town Hall Action Requested: Authorize the Mayor to enter into a contract with The Beck Company for construction management services. Background Information: City Council has authorized staff to negotiate with The Beck Company to be the Construction Manager for Town Hall. The need for a construction manager in addition to City Project Manager representation has been discussed for several months. As explained in the Construction Contracting Options report dated August 15, 1998, a construction manager takes the place of a general contractor in a staged construction method of project development. The fee charged by a construction manager is two-fold. The first part of the fee is the construction management fee and is typically a percent function of the cost of construction. The second part of the fee is the General Conditions / Overhead fee and is based upon the duration, scope and complexity of the project. The costs included in General Conditions / Overhead are those types of costs that a general contractor would charge and include personnel salaries and costs, insurance, temporary utilities, clean up, equipment rentals, office supplies, data processing and scheduling. These costs will be incurred regardless of whether we use a single-contract, general contractor or pursue the construction manager option. 10A-1 t Memo to Curtis E.Hawk January 19 Page Two 99 The staff and operations for this project will be a combination of dedicated and shared resources with the current project (Town Square). The professional staff such as Senior Project Manager, Project Engineer, Office Engineer and Project Superintendent will be totally dedicated to this project and this project off. Support staff such as Secretary, Office Manager, Field Engineers, and Survey Crews will not be needed on a full-time basis for Town Hall and as such will not be charged on a full- time basis to the Town Hall project. Items such as utilities, office expenses, telephone charges, etc., will be separately cost coded and will be expended only for the Town Hall project. All expenditures are subject to audit to insure proper cost coding and allocation. Staff has had several conversations with Total Project Management (TPM), the project consultant for CISD, regarding the size of fees paid to Construction Managers for this type of work. TPM provided me with information that showed total fees in the range of 13% to 15.5%, with the higher fees being associated with large projects with multiple bid packages. The total fee being proposed for this project is approximately 13%. The typical CM portion of the fee is 3.4% to 4%, the remainder being the General Conditions / Overhead costs discussed above. Financial Considerations: The Beck Company will charge a CM fee of 3.25% of the actual construction costs. (The recently approved TIF budget includes $390,000 for the professional services for the CM fee.) The General Conditions fee for this project is $1,110,000.00 and is a "not to exceed" figure. These funds (General Conditions) are part of the approved $12 million construction budget for this project. An important consideration to remember is that Beck is proposing a CM at risk contract. This means that the CM is guaranteeing that the maximum cost of this project will not exceed $12 million. As various bid packages are developed and budgeted, the CM will establish a Guaranteed Maximum Price (GMP) for that bid package. If bids for the total project exceed the established 0-2 i Memo to Curtis E.Hawk January 15, 1999 Page Three GMP, the CM will make up the difference out of the 3.25% CM fee or perform the work within the established budget limits. Citizen Input/ Board Review: None. Legal Review: The proposed contract has been reviewed by the City Attorney. Alternatives: The City Council can choose to construct Town Hall as a single bid package, in which case The Beck Company would be willing to provide cost and budget consulting services during the design phase. If this alternative is considered, Beck will work on an hourly fee and will only provide assistance as it relates to cost consulting and schedule review. If a single bid option is chosen, no construction work will begin until all design work is completed (approximately 8 months). In addition, the general contractor who receives the bid will have an overhead staff which will generally charge 10 - 15% of the project cost. The owner never sees these costs because they are typically "rolled" into the unit cost or lump sum bids for the various project elements; however, the City can expect to pay the $1.1 million in one way or another. It is also important to remember that these "general conditions" and "overhead" costs are included in the total construction budget of the project ($12 million). Supporting Documents: Construction Contracting Options report dated August 15, 1998 Proposed Contract Staff Recommendation: Staff recommends that the City Council authorize the Mayor to enter into a professional services agreement with The Beck Company. Approve ubmittal to CitZoun�cih Ci ge ' ce 10A-3 t CONSTRUCTION CONTRACTING OPTIONS SOUTHLAKE TOWN HALL August 15, 1998 10A-4 Introduction The construction contracts for the Southlake Town Hall can be executed in two ways. (There are other contract options; however, they are either not allowed by state law, or would not be appropriate for this project.) The two options to be discussed are: 1. Standard Contract (single contract) 2. Staged Construction (multiple contract) The characteristic of both of these options will be discussed along with the organization structure and the responsibilities of the major parties in this project. Single Contract A single contract is best characterized by completing the design of the building and going out to bid for a single contract covering all construction elements of the project. Additional characteristics of this form of contracting are: Design - Design is complete prior to issuance of construction documents and specifications. Bidding - Project is bid as one complete project. General contractor is responsible for obtaining all subcontractors and specialty trades. Duration - The total project time and the start on construction is longer since the design needs to be completed prior to any bidding. Contract- City is responsible for administering one construction contract. Design Team - A construction expert skilled in price analysis, scheduling, and construction operations is not necessarily a part of the design team and may not be able to provide cost savings input during the early stages of design development. Construction Manager/General Contractor - The general contractor has no incentive to be part of the construction team. An adversarial relationship may develop between the owner and contractor. City Vigilance - Typically this type of contractor will require increased vigilance on the part of the City. Additional City personnel or consultants may be ,,. needed. 10A-5 GCS Ability - The ability of the General Contractor may not be what the City expects and demands since the GCS is the "low" bidder. Staged Construction A staged construction project is characterized by multiple contracts with continual design development. Additional characteristics of this form of contracting are: Design - Design is being completed concurrently with construction of previous phases. Bidding - All construction subcontracts need to be bid in accordance with the State procurement regulations. Subcontractors can be "pre-qualified"prior to bidding by requiring experience, fiscal responsibility, pre-bid meeting attendance, etc. This pre-qualification will allow the city and the CM to weed out contractors that may not be able to take on a project of this importance. Duration - A shorter time frame is required for start of construction since construction can start prior to design completion. Contracts - Project will be divided into stages or phases and contracts will be awarded based on these stages. Stages are typically based upon the specialty or type of work, similar to subcontracts in a single contract project. Design Team - Since the Construction Manager is retained early in the process the design team will be able to provide better cost estimates and project planning. Construction Manager/General Contractor - In staged construction the need for a construction manager (CM) becomes important. The CM (generally a firm) becomes a member of the City's management team and provides management and technical resources that the City can not justify on a short-term basis. The fee structure charged by a CM is generally in the 10 - 1 S% range (based on construction costs). This is relatively the same as would be charged by the GC in a single contract project. The advantages of using a CM are that the City can control who the CM is, the CM becomes part of the team early and the CM can provide resources that the City would not want to provide. City Vigilance - Since elements of the project are being constructed while other elements are being designed, it is important to exert tight control over the design team and the various subcontractors to insure project coordination. 1OA-6 Organization Duties and Responsibilities The organization proposed for implementation of this project is shown on the attached organizational chart. The duties and responsibilities of each entity will be described in order to understand the team and project responsibilities. IQA'T TOWN HALL PROJECT City Council Town Square Development Team Project Manager Design Architect Architect of Record Construction Various Manager Professional Design Subcontractors Professionals 10A-s , City Council City Council functions as the Board of Directors and is responsible for providing general direction to the project staff. As the project schedule is developed and refined there will be milestones for Council decisions. These decisions will deal with overall concepts and in some cases specific decision regarding aesthetic details and options. Town Square Development Team The Town Square Development Team is an ever changing group of staff personnel who are brought together to discuss operational and procedural issues. The corps members include the City Manager, Assistant City Manager, Assistant to the City Manager, all Directors and the Town Square Project Manager. Additional staff members are included depending on the items being discussed (communications, security, networking, landscaping, etc.). County representatives are included as the county space is developed and planned. As the design of the library facility progresses, personnel familiar with library needs will be invited to participate. Project Manager The Project Manager functions as the Owner's Representative on site and is responsible for providing day-to-day management functions. Responsibilities include: • Coordinate all City and County input to the design and construction process. • Work with the architectural team and construction manager to develop bid packages. • Liaison for all input to architect. • Review and approve monthly pay requests • Coordinate daily and special inspections. • Provide design input and coordination based upon Council and Development Team direction. • Provide regular updates to Council. • Resolve disputes among subs. • Resolve design conflicts and changes. • Single point-of-contact for City • Coordinate off-site, non-project construction. Design Architect The Design Architect is responsible for the development of the overall aesthetics of the project. They will use the information developed in the space planning phase to generate floor plans and building mass (exterior size, shape and appearance). They will be involved during the progress of the project to insure that the original design intent is being followed. 10A-9 Architect of Record The Architect of Record (also known as the Production Architect) is responsible for taking the Design Architect's concepts and visions and producing the construction plans and specifications necessary to bid and construct the project. Specific responsibilities include: • Production of construction plans and specifications. • Hiring and management of all sub-consultants required for the facility design. • Preparation of all bid packages. • Review and verification of monthly pay requests. • Review of all shop drawings and material submittals. • Resolution of any design issues. • Development of details not contained in construction documents. • Issuance of plans and design modifications. • Development of as-built plans. Construction Manager In staged construction the selection of the Construction Manager takes the place of the general contractor. The Construction Manager has the overall responsibility to manage and coordinate all construction activities on the projects. Specific responsibilities include: • Development of bid packages (in cooperation with Architect of Record and Project Manager). • Development of cost estimates during the design stage. • Coordination of design(during design phase)to insure constructability. • Develop and monitor project schedule. • Coordinate all subcontractors. • Arrange and monitor all material orders and shipments. • Maintain survey control and network. • Maintain information for development of as-builts. • Perform general site maintenance. • Problem resolution. • Develop and prepare monthly pay requests. • Conduct all job meetings. • Process all shop drawings. • Insure proper safety program on site. Design Team 10A-10 The design team consists of all the architectural, engineering and specialty professionals required at various points in the design process. The coordination of these professionals is the responsibility of the Project Manager and Architect of Record. Most of the parties involved will be professional design firms; however, it is anticipated that the library planning will involve citizen participation since this facility was not included in the programming effort. Construction Team The construction team consists of all construction professionals required for the successful construction of this project. The coordination of these professionals is the responsibility of the Project Manager and Construction Manager. 1DA-11 CONSTRUCTION MANAGER CONTRACT PROJECT: TOWN HALL CONSTRUCTION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THIS CONTRACT entered into by and between the CITY OF SOUTHLAKE, a municipal corporation of Tarrant County,Texas(hereinafter called"Owner"),AND HC Beck,Ltd.,a Texas general partnership,The Beck Company as general partner, authorized to conduct business in the State of Texas, with local offices located at 1700 Pacific Avenue, Suite 3800, Dallas, Texas 75202 (hereinafter called "Construction Manager"or"Manager"). ARTICLE 1 THE PROJECT DESCRIPTION,REQUIREMENTS AND EXTENT OF AGREEMENT 1.1 The Manager accepts the relationship of trust and confidence established between it and the Owner by this Contract. It covenants with the Owner to furnish its best skill and judgement and to cooperate with the Architects and Architect's subconsultants on the Project in furthering the interest of the Owner. It agrees to furnish, in connection with the Project, all Phase I and Phase II services. Manager shall endeavor to promote furtherance of the Project in the best and most sound way and in the most expeditious and economical manner consistent with the interests of the Owner,and the requirements of the Contract Documents. 1.2 The Manager agrees to work under the direction of the Owner with the Architect and Owner's other consultants from design through final completion of the Project, including the final one-year warranty inspection and resolution of all outstanding Project-related claims or disputes. The Manager shall provide its expertise and services on all matters relating to design review; and following Contract supplementation,on all matters relating to Project construction. 1.3 It is understood that time is of the essence, and Manager agrees to undertake all necessary efforts to expedite the performance of services required herein,so that on-site construction of the Project can commence on schedule, and be substantially complete on or before October 31, 2000, or any extension thereof granted by the Owner. In this regard, Manager shall immediately commence design review, value engineering, scheduling and budget related services in connection with the Work and will continue same. Manager shall proceed with sufficient qualified personnel necessary to expedite and fully complete all services required under this Contract in the highest professional manner consistent with the requirements of the Contract Documents. Manager's personnel assigned to the Project shall be subject to Owner's approval, and no change in key personnel set out in the proposal shall be made unless approved by Owner. Owner's decisions in this regard shall not be the basis for any claim for additional compensation by Manager. 1.4 This Contract shall be administered on behalf of the Owner by its Deputy Director of Public Works (hereinafter called the "Deputy Director") and all work hereunder shall be reviewed and approved for the Owner by the Deputy Director or designees. Manager shall fully comply with any and all directives from said Deputy Director or designees. 1.5 A schedule of performance of services hereunder shall be mutually agreed upon between Manager, Architect and Director which will enable the Project to proceed continuously to Substantial Completion. Except when caused by events beyond Manager's control, failure of Manager to maintain progress in accordance with the agreed schedule shall be grounds for declaring Manager in default. 10A-12 1.6 Manager understands that Owner intends to have the Project fully completed within the time and budget limits stated herein. Manager agrees to perform its services hereunder consistent with that intention. Further, it is understood and agreed by Manager that the Project is to be designed and built under construction bid packages utilizing multiple and concurrent construction contractors/ subcontractors. All such construction contracts awarded on the Project shall be publicly advertised for bid and awarded by the Owner. 1.7 For each division of the construction work,the Architect,under separate contract with the Owner, will produce, assemble and deliver to Manager (through Owner) Drawings and Specifications. Manager shall review the Drawings and Specifications as received and shall advise Owner within a reasonable period of time as to their acceptability,suitability,need for revisions and any areas in which the Drawings and Specifications increase the scope and cost of the Project, or extend the completion dates. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES 2.1.1 The Manager's services under this Contract shall consist of Design Phases and Construction Phases as described below. The description of services is necessarily general rather than specific and detailed, and shall not be construed so as to exclude any services customarily provided by experienced and competent construction management organizations incident to construction projects of the nature and scope of this Project. The divisions and description of services are intended only to add clarity and not in contemplation of fixed events whereupon the character of Manager's services will change from one type to another with respect to the Project, as it is anticipated that shortly after commencement of Work under this Contract, Manager will be simultaneously providing services identified in all divisions with regard to each portion of the Project. 2.2 DESIGN PHASE(Phase I Services) 2.2.1 Manager shall: (1) attend regularly scheduled meetings with the Owner and the Architect during the development of the design and the contract documents and to advise on site use, foundations and improvements, selection of materials, building systems and equipment; and (2) provide recommendations on construction efficiency and feasibility, availability of materials and labor, time requirements for installation and construction, and factors related to cost including costs of alternative designs,equipment or materials,preliminary budgets,and possible economies,without, however,assuming the responsibilities of the Architect. 2.2.2 Manager shall develop and maintain the Progress Schedule (hereinafter called the "Schedule"), consisting of a coordinated and integrated Project Design Schedule and Project Construction Schedule, in a format that meets the approval of the Owner. The Schedule shall not exceed time limits set by the Owner and shall provide for expeditious and practicable execution of the Work. The Schedule shall include all construction shop drawing and submittal data requirements indicating for each the latest date to be submitted by Contractor and latest date for return by Architect. The Schedule shall indicate each critical task (the "predecessor"), of all the major construction activities of the Work,in a logical and sequential order(the"project network")which requires completion prior to commencement of the following task (the "successor"). Each task shall be tagged with the actual work time, exclusive of slack time, for accomplishment, the latest start date, the latest finish date, the value of that task, including all materials and labor associated therewith and the percentage of completion. The Schedule shall be revised and updated to reflect actual Project status with each Application for Payment. 013 2.2.3 Manager shall: (1) monitor the Construction Budget, which shall include all estimated Construction Manager compensation, including fees and reimbursable expenses; (2) prepare an estimate based on a quantity survey of the Drawing and Specifications for approval by the Owner as the Construction Budget; (3) update and refine this estimate for Owner's approval as the development of the Drawings and Specifications proceeds;and (4) advise the Owner if it appears that the Construction Budget will not be met and make recommendations for alternate action. 2.2.4 Manager shall review the Drawings and Specifications as they are being prepared, on the basis of value engineering, and recommend alternative solutions whenever design decisions, plans and details adversely affect construction efficiency and feasibility,budgeted costs or schedules. 2.2.5 Manager shall recommend the purchase or lease and procurement of long-lead items to endeavor to assure delivery by the required dates. 2.2.6 Manager shall make recommendations to Owner regarding the division of construction work in the Drawings and Specifications to facilitate the bidding and awarding of contracts, allowing for phased construction, taking into consideration such factors as time of performance, minimization of work-site interference, on-time material and equipment procurement, availability of labor, overlapping trade jurisdictions, provision of temporary facilities, coordination and sequencing of the Project,and minimization of overall Project costs,and availability of the worksite. 2.2.7 Manager shall review design and contract Drawings and Specifications with Owner to assure: (1) efficiency in the use of materials and methods of construction; and (2) coordination among the plan sheets and among the various bid packages. Manager shall endeavor to eliminate areas of conflict and overlapping in the phased construction packages to be performed by the various contractors/subcontractors. Manager shall also assist Owner in determination of wage rates and requirements for equal employment opportunity and minority business enterprise programs for inclusion in bid packages. 2.2.8 Manager shall indicate by written memorandum to Owner, with qualifications where necessary, review and approval as to construction feasibility and for bidding purposes of the Architect's final contract Drawings and Specifications for every division or bid package of the Project, prior to final approval by Owner and public advertising for bids. Such review and approval as to construction feasibility, however, shall not be deemed an assumption by Manager of any of the Architect's responsibilities, including errors and omissions in design. The Owner's standard bid documents and forms, including the current City of Southlake adopted General Conditions of the Contract for Construction and Supplementary General Conditions of the Contract for Construction, Instructions to Bidders, Bid Bond, Performance and Payment Bonds, Wage Rates, and other standard City bid forms applicable to this Project, shall control the legal relationship between the Owner, the Manager and the contractors/subcontractors, insofar as the actual performance of the construction work is concerned and the rights and duties of parties in connection therewith. Provided,however,that where conflict exists between such documents and this Contract, the provisions of this Contract shall be controlling as between Owner and Manager. Manager shall assist in the production of each set of final bid documents for each phase of the Project by combining the Owner's standard bid documents and forms with the Architect's final approved Drawings and Specifications, with such Special Provisions as may be necessary and for which Manager shall be responsible for developing. In the event the Owner elects to assign the phased construction work to Manager following award by the Owner, each resulting subcontract between the Manager and the successful low bidder shall incorporate the corresponding set of final bid documents. 2.2.9 Manager shall: (1) endeavor to develop contractor interest in the Project as contract Drawings and Specifications are completed; (2) jointly with the Architect and Owner, establish the bid schedules and schedules for pre-bid conferences,including on-site visits to endeavor to assure that prospective bidders understand the various site conditions, availability, coordination and scheduling requirements;and(3)develop a set of standards to pre-qualify prospective bidders. 10A-14 2.2.10 Guaranteed Maximum Price. Prior to completion of Manager's Design Phase Services, Manager shall develop and submit to Owner a Guaranteed Maximum Price ("GNP") based on the Architect's finished Design Development Drawings, with a full list of construction and performance items, additive and deductive alternates, and including Manager compensation for fees and reimbursable expenses, all within the Construction Budget. Since construction is likely to commence on only a portion of the Project, with a separate phase (or phases) to be performed later, Owner may require Manager to submit separate GMP's for each phase of construction as Design Development Drawings are completed. 2.2.11 The Construction Budget for this Project is $12,000,000. This includes all costs associated with all contractor and subcontractor costs;all General Conditions incurred by the Manager,contractors and subcontractors;and all construction costs.These amounts are established as a condition of this Contract and shall provide the basis for Construction Manager's decisions and recommendations. Construction Manager, in consultation with Owner and in cooperation with the Architect, shall determine what materials, equipment, component systems and types of construction are to be included in the contract documents and recommend adjustments in the scope of the Project to assure that the Construction Budget is not exceeded. 2.2.12 With Owner's approval, Construction Manager may include alternate bids within the Contract Documents to adjust construction costs in order to assure that the Construction Budget is not exceeded. 2.2.13 All of the Manager's documentary work product under this Contract shall be the property of the Owner; and upon completion of this Contract, such documentary work product shall be promptly delivered to Owner in a reasonably organized form without restriction on its future use. Any necessary work product lost or destroyed by the Manager shall be replaced or reproduced at the Manager's sole cost. In addition,Owner shall have access during the effectiveness hereof, and for three years after Contract termination or until any litigation relative to the project is complete, whichever is later,to all of Manager's records and documents in connection with this Contract for purposes of auditing same at the sole cost of the Owner. Nothing herein shall deny Manager the right to retain duplicates. Refusal by Manager to comply with the provisions hereof shall entitle Owner to withhold further payments to Manager until compliance is obtained. 2.2.14 Manager shall not be considered an employee of the Owner, but shall occupy the status of Independent Contractor with the Owner. Manager shall perform its tasks and duties consistent with such status, and will make no claim or demand for any right or privilege applicable to an officer or employee of the Owner, including,but not limited to,worker's compensation, disability benefits, accident or health insurance, unemployment insurance, social security or retirement membership. 0-15 2.3 CONSTRUCTION PHASE(Phase II Services) 2.3.1 In accordance with the agreed schedule, all construction contracts awarded on this Project shall be publicly advertised for competitive bids and awarded by the Owner, and may be assigned to and entered into by the Manager, who will then act in a dual capacity of providing continuing construction management and construction supervisory services, the successful bidders in each instance in turn constituting Subcontractors in privity only with the Manager. Manager hereby accepts the assignment of such contracts to be awarded by Owner following public advertisement for competitive bids, in accordance with the terms of this Contract, subject to compliance with the provisions of Section 4.2 of this Agreement. Owner shall look to Manager and not individual Subcontractors for the completion of the Project, the full responsibility for the construction of which Manager hereby acknowledges and accepts, as a part of Manager's Construction Phase services. No assignment hereunder, however, shall extend to or affect the ownership of the Project, which shall remain the sole property of the City of Southlake. By execution hereof, the Owner represents and warrants to Manager that the advertisement for bids and award of construction contracts by the Owner pertaining to the Project shall comply with all applicable laws of the State of Texas. 2.3.2 Manager shall continue to develop Subcontractor interest in the Project as working Plans and Specifications are fully completed. Jointly with Architect and Owner,Manager shall(1)establish bid schedules and conduct pre-bid conferences, including on-site visits to endeavor to assure that bidders understand the various site conditions, coordination and scheduling requirements; and(2) analyze the bids, conduct pre-award conferences and negotiations with successful bidders and recommend to the Owner the bids to be accepted or rejected, within 10 days of receipt of bids. The recommendations shall include advice on acceptability of lower-tier subcontractors and suppliers proposed by bidders,as well as proposed"or equal"product substitutions,if any. 2.3.3 Owner agrees to perform its responsibilities so as to assist Construction Manager to facilitate the completion of the Work and represents to Construction Manager that there will be sufficient funds available to pay Construction Manager up to the Guaranteed Maximum Price of$12,000,000, as adjusted by any Change Order. The Guaranteed Maximum Price, unless changed by Supplemental Agreement or Change Order, represents the absolute limit of obligation or liability that Owner may ever have insofar as the cost for full and final completion of the Work, including construction of the Project (except for Construction Management Fee), and the total of all payments to Construction Manager or its Subcontractors are concerned. Should additional amounts be required to be expended, over and above the Guaranteed Maximum Price, to achieve completion of the Work, including Project construction, and payment to Construction Manager, in accordance with this Contract, liability for any payment of such additional amounts shall be the sole responsibility of Construction Manager,and Owner shall never be liable for same. Should the final Cost of the Work and Construction Manager's compensation total less than the Guaranteed Maximum Price, or any approved revision thereof, the difference shall inure to the benefit of Owner and no claim for all or any portion of said difference shall be valid against or payable by Owner. The Owner's limitation of obligation or liability set out in this Paragraph 2.3.3 shall be incontrovertible and unequivocal; any term or provision of the Contract,the Exhibits hereto, or of any Subcontract executed in furtherance of the anticipated construction hereunder shall not be construed or deemed to alter or waive this absolute condition. Likewise, Construction Manager's absolute responsibility for the completion of the Project in accordance with the Construction Contract Documents, including the Plans and Specifications, and within the agreed cost constraints, as well as Construction Manager's agreement to bear all costs in excess of the Guaranteed Maximum Price,without recourse to the Owner, if such excess costs are necessary for the completion of the Work, including Project construction, shall be incontrovertible and indisputable,and shall take precedence over all other terms and provisions of this Contract and the Exhibits hereto,no part of which shall be deemed to alter,diminish or waive such obligations. 10A-16 2.3.4 In addition to the services Construction Manager will perform under this Phase, it will also provide all the usual and necessary traditional construction management services, including those identified hereinbelow, incident to construction projects of the nature and scope of this Project. It is understood that Construction Manager will be exercising a dual role during this Phase and that many of the services provided will overlap by their very nature. The identified services set out hereinbelow are not intended in any manner to diminish the overall responsibility of Construction Manager for the full and final completion of the Work, including Project construction, within the time and cost constraints specified herein. Such services are as follows: 2.3.4.1 Maintain a competent, qualified, full-time staff to coordinate and provide direction of the Work and progress of the Subcontractors on the Work, so as to complete same in accordance with the Contract Documents. 2.3.4.2 Establish an on-site organization and lines of authority in order to accomplish the Work in accordance with the approved and accepted Plans and Specifications. Prepare and submit, for Owner's review and approval, an Organization Chart showing staff personnel,job classifications pertaining to the Work, same to be updated periodically. Following Owner's approval of Manager's Project Manager, such Project Manager shall not be replaced or reassigned to another project without Owner's consent. Following such consent,any replacement Project Manager must receive Owner's approval. Owner retains the right to request replacement of any employee assigned by Manager to the Project. 2.3.4.3 Establish procedures for coordination among the Owner, Architect, Subcontractors and Construction Manager pertaining to the Work and implement such procedures. Establish emergency procedures and provide protection of the Project, equipment, machinery, tools and materials. 2.3.4.4 Schedule and conduct progress meetings at which Subcontractors, Owner, Architect, other design consultants (as necessary) and Construction Manager may discuss jointly such matters as procedures,progress,problems and scheduling. 2.3.4.5 Assist the Subcontractors in providing to the Owner and the Construction Manager a detailed schedule for the operations of Subcontractors on the Work, including activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples, and delivery of products requiring long lead time procurement. 2.3.4.6 Provide regular monitoring of the Project Time Schedule as the Work progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for construction not started or incomplete and recommend to the Owner and Subcontractors adjustments in the Project Time Schedule to meet the completion date. Provide summary reports of each monitoring and document all changes in the Project Time Schedule. 2.3.4.7 Review and recommend as to the adequacy of the Subcontractors' personnel and equipment and the availability of materials and supplies to meet the Project Time Schedule. Recommend courses of action to the Owner when requirements of a Subcontractor are not being met. Implement such courses of action as are required. Terminate or suspend Subcontractors, as necessary, with the prior approval of the Owner. In the event of termination of a Subcontractor,whether for cause or convenience, Manager shall proceed as expeditiously as possible on behalf of the Construction Team and in the best interests of the Owner, subject to review and approval by the Owner, in the following manner to secure a replacement Subcontractor: (a) In accordance with the General and Supplementary General Conditions and other applicable Subcontract procedures, make demand upon, consult and negotiate with the surety of a terminated Subcontractor to obtain a replacement, if the termination is the result of a default, and enter into a Subcontract with the surety-proposed replacement Subcontractor upon approval of the Owner; 10A-17 (b) in the event of termination for convenience or in the event the surety fails or refuses to perform in a default situation,assist the Owner as provided under the Contract to secure a rebid of that portion of the Work affected, if the Owner elects to rebid or determines that a rebid is required;or (c) if the Owner determines that rebidding is not required or desired under(b),negotiate and enter into a Subcontract with a replacement Subcontractor(with approval of the Owner), or perform the work with Manager's own forces,in accordance with the rules set forth in Paragraph 4.2 of this Agreement. 2.3.4.8 Develop and monitor a system of cost control. Revise and refine the initially approved Project Construction Budget; incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect whenever projected cost exceeds budgets or estimates. 2.3.4.9 Develop and implement a system for review and processing of Change Orders. Recommend necessary or desirable changes to the Owner and the Architect, review requests for changes, submit recommendations to the Owner and the Architect,and assist in negotiating Change Orders, in accordance with paragraph 8.1.3 hereinbelow. 2.3.4.10 Develop and implement a procedure for the review and processing of applications by Subcontractors for progress and final payments. 2.3.4.11 Obtain all permits and insure that all Subcontractors obtain permits for inspection or temporary facilities required to be obtained directly by the various Subcontractors. Obtain approvals from all the authorities having jurisdiction. 2.3.4.12 If required, assist the Owner in selecting and retaining professional services of a surveyor,testing laboratories and special consultants,and coordinate these services. 2.3.4.13 Inspect the work of Subcontractors to guard the Owner against defects and deficiencies, without assuming any of the Architect's responsibilities, such as and including errors and omissions in design. This inspection by the Construction Manager during the Construction Phase shall not relieve the Subcontractors from their responsibilities for construction means,methods,techniques, sequences and procedures, nor from their responsibility to carry out the construction work in accordance with the Contract Documents. 2.3.4.14 Coordinate and enforce the Safety Program established for this Project. Work with the Owner to identify safety issues and ways to reduce the risk of accidents on the Project. Review and coordinate the safety programs of each of the Subcontractors and make appropriate recommendations to the Owner. The performance of such services by the Construction Manager shall not relieve the Subcontractors of their responsibilities for the safety of persons and property, and for compliance with all federal, state and local statutes, rules, regulations, ordinances and orders applicable to the conduct of the Work. However, the Construction Manager is responsible for the implementation of the Safety Program. Inclusive within the Safety Program are the Subcontractors' safety programs. The Manager shall act as the Safety Program Leader 2.3.4.15 Refer all questions relative to design to the Architect. 2.3.4.16 In collaboration with the Architect, establish and implement procedures for expediting the processing and approval of shop drawings and samples. Monitor factory inspection and testing of items fabricated outside the Project area. SAS 2.3.4.17 Record the progress of the Work by submission of written progress reports to the Owner and the Architect, including information on the Subcontractors' work and the percentage of completion. Maintain a detailed daily log of job-site events, which will be provided to Owner and Architect weekly. Provide to the Owner a monthly project report, including written narrative, progress photos,schedule updates and budget updates. 2.3.4.18 Maintain at the Project site, on a current basis, records of all Subcontractors, Plans and Specifications received from the Architect, standards, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions, and any other documents and revisions thereto which arise out of the Work. Obtain data from Subcontractors and maintain a current set of record Drawings, Plans and Specifications received from the Architect. At the completion of the Work,deliver all such records,including a full set of As-Built Drawings,operating manuals and warranties received from the Architect,to the Owner. 2.3.4.19 Secure from all Subcontractors and lower tier subcontractors prior to commencements of Work required Certificates of Insurance and certified copies of policies, evidencing proper insurance coverage to be in force. Maintain these Certificates and policies along with the job-site records and provide copies of same to Owner. 2.3.4.20 Submit data for determination by the Architect of the Date of Substantial Completion of the Project or designated portions thereof and prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. Assist the Architect and Owner in conducting inspections and supervise the correction and completion of all construction work. 2.3.4.21 With the Owner's maintenance personnel, direct the checkout of utilities, operational systems and equipment. 2.3.4.22 Submit data for determination by the Architect of the Date of Final Completion and provide written notice to the Owner and Architect that the Project is ready for Final Inspection. Secure and transmit to the Architect required guarantees, affidavits, warranties, releases, bonds, consents of sureties and waivers. Turn over to the Owner all keys, operating equipment, maintenance stocks,maintenance manuals,parts lists,and as-built drawings received from the Architect. 2.3.4.23 Conduct,with the Owner and Architect,post-completion inspections during the one-year warranty period to ascertain the existence of defects in material and workmanship and determine the necessity for correction of same. Assign, if possible, the causes of same, the responsible Subcontractor, and recommend reasonable corrective action. Aid the Owner in obtaining such corrective action and in filing insurance and bond claims where coverage is available. Ultimate responsibility for correcting defects in material and workmanship shall rest with the Construction Manager at no expense to the Owner. 2.3.4.24 Conduct with the Owner and Architect a Final Warranty Inspection within thirty(30) days of the end of the one-year warranty period. 2.3.4.25 Fully and completely settle, by litigation or otherwise, all Subcontractor claims arising out of the construction of the Project, without directly involving the Owner, unless such claims result from an action or omission to act by the Owner. Provided,however, that the Owner reserves the right, at Owner's sole election, where the claim of a Subcontractor would necessitate a Change Order increasing the Subcontract Sum, to make a reasonable audit of all books, records, accounts and other data of the Subcontractor relating to the claim and to overall performance of the Subcontract prior to approval of any claim. Manager shall provide for Owner's right to audit claims and other Change Order requests in its form subcontract with each Subcontractor. 10A-19 ARTICLE 3 TERM 3.1 Unless sooner terminated in accordance with the applicable provisions hereof, or extended by supplemental agreement approved by the City Council, the Term of this Contract shall be from , until final completion of Phase II Construction Phase Services in connection therewith,including construction of the Project, the final one-year warranty inspection, correction of defects and deficiencies in the Work, including construction work, and final resolution of any outstanding Project-related claims or dispute." ARTICLE 4 TRADE CONTRACTS 4.1 All construction work, other than professional and personal services that the Construction Manager customarily performs with its own field staff,shall be performed under Subcontracts. 4.2 Award of each construction Subcontract shall be made to the lowest responsible bidder whose bid is responsive to the bid invitation,provided the low bid is within the amount specified for the bid item. However, if the Subcontract bids which are received exceed the amount established during the estimating and design process, one or more of the following initial procedures will be undertaken at Owner's election following submission of the recommendation of the Construction Manager: (1) deletion of non-essential bid alternates to try to bring the bid within the amount established,but without reducing the scope of the work unless Owner approves; (2) reject all bids and rebid; (3) redesign to lower the cost to the budgeted amount, but only with the Owner's consent, and rebid; (4) where the Owner determines that no reasonable bid can be obtained through further rebidding, or that further rebidding can not be done because a genuine emergency threatens the integrity and progress of the Project, perform the work with the Construction Manager's own forces with the option of subcontracting all or any portions thereof to third parties of Construction Manager's choice; or (5) proceed with the award using, with Manager's consent, funds contained in the "Construction Manager's Contingency" (i.e., uncommitted budgeted funds or funds saved from prior awards, which were below the established line item amounts)to pay the excess here. In the event procedures (1), (2) or (3) are undertaken, Construction Manager will provide Owner with a subsequent recommended procedure. By execution hereof, the Owner represents and warrants to Construction Manager that any advertisement for rebids and award of contracts by the Owner specified in this Paragraph 4.2 shall comply with all applicable laws of the State of Texas. If no bids are received on a particular item,the Owner has the option of either:(a) rebidding the item, or (b) where the Owner determines that no reasonable bid can be obtained through further rebidding, or that further rebidding can not be done because a genuine emergency threatens the integrity and progress of the Project, perform the work with the Construction Manager's own forces with the option of subcontracting all or any portions thereof to third parties of Construction Manager's choice. Owner may reject Construction Manager's initial or subsequent recommended procedure under this Paragraph 4.2, and elect to follow one of the alternative procedures specified above, including requiring Construction Manager to perform that work with its own forces, with the option of subcontracting all or any portion thereof to third parties of Manager's choice under the provisions of this Article, Construction Manager shall do so at cost plus jobsite overhead only, but the Guaranteed Maximum Price shall not be increased thereby. Costs with regard to line item work performed by Manager's own forces or by third parties of Manager's choice shall be accounted for separately and reflected in subsequent adjustments for project cost estimates,without increasing the Guaranteed Maximum Price. l0A 2Q 4.3 All Subcontractor bids must be accompanied by a suitable bid guaranty, in the form of a cashier's check, letter of credit or Bid Bond, as required by Owner, conditioned upon the execution of the subcontract for which the bid was submitted in the event of an award by Owner or Construction Manager. Such cashier's check, letter of credit or Bid Bond shall name both the Owner and Construction Manager as joint payees or obligees, respectively. In the event of default, the penal amount of the bid guaranty shall be deposited with the Owner and accounted for by adding same to the applicable line item. 4.4 With the approval of the Owner, the Construction Manager may provide incidental labor and materials in connection with its professional services at the job-site that cannot be economically or reasonably contracted to others or which cannot be purchased under competitive bidding. Such incidental labor and materials shall be provided only as allowed under State of Texas procurement regulations,and shall be pre-approved by the Owner. 4.5 The form of the Subcontract shall be the Construction Manager's standard form, adjusted to conform with the requirements of this Contract. The Subcontract form shall include a full indemnification of the Owner, and shall contain such other clauses as may be required to fully protect Owner's interests. It shall be the responsibility of Construction Manager to make payment properly due the Subcontractors from funds paid to Construction Manager by Owner for that purpose,subject to the provisions of this Contract,pursuant to applications submitted for payment, with certification given to Owner following such payment. ARTICLE 5 DATE FOR SUBSTANTIAL COMPLETION; LIQUIDATED DAMAGES AND EXTENSIONS 5.1 Subject to receipt of a notice to proceed with the Work, the Project shall be Substantially Complete on or before October 31, 2000. For unexcused failure to substantially complete the Project on or before October 31,2000,or any extension thereof granted by Owner,Owner shall be entitled to recover from Construction Manager or his Surety, liquidated damages in the amount of $1,000 per day for each calendar day after October 31, 2000 that the time for Substantial Completion of the Project exceeds the date specified herein for Substantial Completion. The amounts are agreed to and stipulated by the Parties not as a penalty,but as a just and reasonable forecast of the damages the Owner would sustain in the event of Manager's breach of performance, the calculation of actual damages being impractical, uncertain and extremely difficult to ascertain with precision. Such stipulated amount shall be recovered by deducting same from the monies due, or to become due, Construction Manager, and if same be insufficient to cover the amount of liquidated damages owing, the Construction Manager or his Surety shall pay the additional amounts due. 5.2 If the Construction Manager is delayed at any time in the orderly progress of the Work by any act, neglect, or failure to act by the Owner or the Architect or by any employee, officer, official, department, or representative of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any other causes beyond the Construction Manager's control, or by delay authorized or directed by the Owner,the date for Substantial Completion of the Project shall be extended by Change Order for a reasonable length of time. However, such extension will be granted only if the delay cannot reasonable be made up elsewhere in the Project Time Schedule. ARTICLE 6 CONSTRUCTION MANAGER'S FEE FOR CONSTRUCTION MANAGEMENT SERVICES 6.1 In consideration of the performance of Construction Management services under this Contract,the Owner agrees to pay the Construction Manager a Construction Manager's Fee as set forth in Paragraph 6.1.1. 10A-21 6.1.1 For all Construction Management services performed during this Project (Phase I and Phase II), the Owner shall pay the Construction Manager a Fee of three and one quarter percent(3.25%) of the total"Cost of the Work", as defined in Article 7 of this Agreement. Such Fee shall be paid in monthly installments in proportion to percentage of the Work completed, subject to five percent (5%) retainage. Any balance (including retainage) of this Fee shall be paid at the time of final payment. However,in no event shall the total amount of this Fee,all other compensation and Cost of the Work due Construction Manager exceed the Guaranteed Maximum Price, subject to adjustment by Change Order. 6.2 Included in the Construction Manager's Fee are the following expenses related to the Work: 6.2.1 Salaries or other compensation of the Construction Manager's employees at the principal office and branch offices, except employees listed in Subparagraphs 7.2.1 and 7.2.2 of this Supplemental Agreement. 6.2.2 General operating expenses of the Construction Manager's principal and branch offices other that the field office 6.2.3 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 6.2.4 Profit,overhead or general expenses of any kind, except as may be expressly included in Article 7 of this Agreement. 6.3 Monthly invoices for the payment of Construction Manager's Fee as set out hereinabove shall be submitted as part of the Construction Manager's itemized Application for Payment under the Article 10 of the General and Supplementary General Conditions of the Contract Documents relative to payments to contractors. ARTICLE 7 COST OF THE WORK 7.1 The term "Cost of the Work" shall mean costs necessarily incurred in the performance of the Work during the Construction Phase, and paid or payable by the Construction Manager, and not included in the Construction Manager's Fee as set forth in Article 6 of this Agreement.In addition to the Construction Manager Fee described in Article 6 the Owner shall pay a fixed fee to the Manager of$1,110,000 for services hereinafter described in Article 7. This is the maximum fee payable over the duration of the Project and will be paid in accordance with Article 7.1.1. 7.1.1 The Owner agrees to pay the Construction Manager as defined in this Article 7, subject to submission by Manager of all back-up substantiation as may be reasonably required by the Owner's Deputy Director. Such payment shall be in addition to the Construction Manager's Fee specified in Article 6. However, in no event shall the sum of payments for the Cost of the Work and any other Construction Manager compensation exceed the Guaranteed Maximum Price, as adjusted by Change Order. 7.2 Cost items. 10A 22 7.2.1 Wages paid for labor in the direct employ of the Construction Manager in the performance of the Work under any applicable collective bargaining agreement, or under a salary or wage schedule agreed upon by the Owner and Construction Manager, and including reasonable and customary benefits, if any, as may be payable with respect thereto. Such costs shall be at rates not higher than the standard pay in the locality of the Work except with prior consent of the Owner, and shall include the items set forth below in this Article. The reasonable cost of drug testing for all of Manager's employees or applicants utilized on or hired for the Project, whether management or labor,shall also be a Cost of the Work. 7.2.2 Salaries of Construction Manager's employees at or below the level of Senior Project Manager, when engaged on the Work and stationed at the Field Office, in whatever capacity employed. Employees engaged, at shops or on the road, in expediting the production or transportation of materials or equipment, shall be considered as stationed at the field office and their salaries paid for that portion of their time spent on this Work. 7.2.3 Cost of reasonable and customary pension contributions, hospitalization insurance, medical insurance,assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is reasonably based on wages, salaries, or other remuneration paid to employees of the Construction Manager and included in the Cost of the Work under Subparagraphs 7.2.1,7.2.2,7.2.24 and 7.2.25 herein. 7.2.4 With prior Owner approval, the proportion of reasonable travel and hotel expenses incurred outside of the Dallas/Fort Worth metropolitan area by the Construction Manager's officers or employees in discharge of duties directly connected with the Work. 7.2.5 Cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. 7.2.6 Payments made by the Construction Manager to Subcontractors for Work performed pursuant to Subcontract,entered into in the performance of this Contract. 7.2.7 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in the performance of the Work, and cost less salvage value of such items used but not consumed which remain the property of the Construction Manager. 7.2.8 Cost to erect and maintain fencing around the work site. Such fence is intended to prevent or discourage unauthorized entry on the premises,provide for safety of adjacent property and persons on such property, and to allow for observation of construction progress by passers-by (sidewalk superintendents). 7.2.9 In connection with Manager's professional services and with prior Owner approval,rental charges of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling,removal, costs of lubrication,transportation and delivery costs thereof, at rental charges consistent with those shown in the then current AED Manual. Provided further, that with respect to equipment and machinery rented from the Construction Manager, the rental rate shall not exceed 75% of the current AED Manual rental charges, and shall in no event cumulatively exceed the value of such equipment or machinery at the commencement of the rental period. Should rental charges reach such value for equipment and machinery rented from the Manager, same shall thereafter belong to the Owner,to be disposed of in accordance with Article 9 below. Manager shall furnish the Owner with a list, to be updated monthly, of all equipment furnished for the Project for which Owner reimburses Manager as a part of the Cost of the Work. Equipment and machinery rented which becomes property of the Owner pursuant to this paragraph shall be delivered to Owner upon fmal completion and acceptance by Owner of all Work under the Project. 1" -23 7.2.10 Cost of the premiums for all bonds and insurance coverage required by this Contract, or deemed necessary by the Construction Manager, in the normal pursuit of the Work. Premiums for company-wide coverage will be pro-rated on the basis of value of Work completed during the premium period. Cost of(payment of) all deductible amounts, not otherwise recoverable from third parties or not the result of a claim based upon Manager's negligence, under any insurance famished by the Owner,or under insurance policies required by this Contract or deemed necessary by the Construction Manager in the normal pursuit of the Work. 7.2.11 Taxes, if any, related to the Work. However, as Owner qualifies for exemption under Section 151.309 of the Texas Limited Sales,Excise and Use Tax Act,Construction Manager shall alert all Subcontractors to prevent erroneous payment of taxes covered by this exemption, and shall use separated contracts,as described in the Owner's Supplementary General Conditions,to insure that sales tax is not paid or passed through to the Owner on tangible personal property incorporated into the Project Work. Any erroneous payment of sales tax shall not be reimbursed by the Owner. 7.2.12 Permit fees, licenses, tests, royalties; deposits lost for causes other than the Construction Manager's negligence. 7.2.13 Minor expenses such as telegrams, long-distance telephone calls, telephone service at the site, expressage,and similar petty cash items in connection with,and for the benefit of,the Work. 7.2.14 Cost of removal of debris. Removal of debris left by other contractors hired by the Owner is not a part of this Contract. Management of any program to maintain site conditions. 7.2.15 Cost incurred due to an emergency affecting the safety of persons and property. 7.2.16 Other costs incurred in the performance of the Work, if and to the extent approved in advance in writing by the Owner. 7.2.17 The reasonable, actual direct cost of data processing services as required for the Project. Such costs shall be specifically documented as having been done for the Project. 7.2.18 Legal costs growing out of prosecution of the Work for the Owner will only be reimbursable if such were incurred for the direct benefit of the Owner and with prior written approval of Owner. 7.2.19 Cost or rental of temporary portable buildings and toilets as required; cost of utilities, ice, water, containers, cups, fire extinguishers, first-aid supplies, safety equipment, off-site storage space or facilities,progress photographs or video tape records;Owner's project office. 7.2.20 All reasonable costs and expenditures necessary for the operation of the field office, such as stationery,supplies,blueprinting,furniture,fixtures,office equipment,etc. 7.2.21 Costs incurred by the Construction Manager in preparing and maintaining progress schedules, budgets and reports required hereby. 7.2.22 Service fees assessed by Associated General Contractors of America and the Associated Building Contractors,but only as they relate to this Work. 7.2.23 The reasonable,actual direct cost of computer services,including jobsite and main office terminal, for purposes of field payroll preparation and control. Such costs shall be specifically documented as having been done for the Project. 10A-24 7.2.24 Manager shall be responsible for enforcing warranties and for obtaining correction and/or replacement of all defective work not constructed or installed in accordance with the Contract Documents. All such corrective or remedial work required by the Contract Documents shall be performed by the responsible Subcontractors under the terms of their Subcontracts, without additional cost to the Owner. Costs incurred by Manager to correct or remedy work performed by Manager's own forces,or where the responsible Subcontractor fails to perform,shall not be a Cost of the Work, and shall be Manager's sole responsibility, at no additional cost to the Owner; provided, however, Manager shall be entitled to the proceeds of any Subcontractor maintenance bond,where such Subcontractor has defaulted in this regard. 7.2.25 Where not otherwise included in the Cost of the Work under Subparagraphs 7.2.17, 7.2.21 and 7.2.23, cost of central accounting services in connection with the.Work, such as payment of invoices, maintaining material cost records, computer services, preparation of W-2 Reports, payroll tax reporting and preparation of other reports. 7.3 If, after a substantial loss from fire, flood, or similar cause not due to the default or neglect of the Construction Manager, the Construction Manager is put in charge of reconstruction, the Construction Manager shall be paid a fee for its services proportionate to the fee specified in Article 6 of this Agreement. Any such reconstruction work shall be considered part of the Scope of the Work, except that the Manager's Fee under the Guaranteed Maximum Price shall be adjusted accordingly, unless otherwise reimbursed by the proceeds of insurance, or through utilization of the procedure set out in Paragraph 8.1.2 below. ARTICLE 8 CHANGES IN THE WORK 8.1 Change Orders 8.1.1 Subject to Paragraph 8.1.2 below, Owner,without invalidating the Contract,may order Change in the Work consisting of additions,deletions or other revisions,the Guaranteed Maximum Price and the Project Time Schedule being adjusted accordingly where necessary. All Changes in the Work shall be authorized by a fully executed Supplemental Agreement hereto, or by a Change Order in accordance with the Supplementary General Conditions of the Contract Documents governing changes in the work,for the applicable bid package. In this regard,all Subcontracts shall contain a provision entitling Owner to make changes in the Plans or Specifications after performance has commenced, or to decrease or increase the quantity of Work to be performed or materials, equipment or supplies to be furnished;provided,however,that the original Subcontract price shall not be increased more than twenty-five percent(25%). 8.1.2 Following receipt of Subcontractor bids by Owner amounting to 75% of the value of Subcontract line item amounts, the Construction Team shall continue to review the revised line item amounts, adjusted to reflect the actual Subcontract amounts. Where review indicates an over-all savings in the line items, based upon bids received below original estimates, resulting in an increase in the "Construction Manager Contingency"line item,Owner shall,at that time and subsequently during the term of the Contract, be authorized to transfer all amounts in excess of$200,000 from the "Construction Manager Contingency" to the "Owner's Contingency", and to order necessary additive Change in the Work,without increasing the GMT. Any use by the Owner of the original or adjusted"Owner's Contingency"will be made without increasing the GMP. Owner may,at its option, utilize the "Construction Manager Contingency" balance for additive Changes in the Work; however, Deputy Director shall acknowledge, in writing, the additive Change as being outside the original Scope of the Work, in order that Manager may be entitled to a subsequent credit to the"Construction Manager Contingency" line item(addition to the GMT)for the amount of such portion utilized for such additive Changes in the event the "Construction Manager Contingency"line item amount is insufficient for its intended purpose under this Contract. 10A-25 8.1.3 All Change Orders shall be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the �•- particular changes identified and fully compensated in the Change Order. Any Change Order affecting one Subcontractor shall include all changes necessary to all Subcontractors. No action or omission to act by Owner or Engineer, or acceptance and approval of a Change Order, shall be deemed a waiver, release, revision, modification or deletion of this absolute condition; and any reservations or other provisions in a Change Order allowing for future additional money or time, over and above the specific prices and extensions granted therein, shall be deemed null and void, or otherwise unenforceable and withdrawn. 8.2 Claims for additional cost. 8.2.1 If the Construction Manager wishes to make a claim for Additional Services directed by Owner, necessitating an increase in the Guaranteed Maximum Price, or necessitating use of contingency funds, it shall give the Owner written notice thereof after the occurrence of the event giving rise to such claim pursuant to the Supplementary General Conditions of the Construction Documents. No such claim shall be valid unless so made. This notice shall be given by the Construction Manager before proceeding to execute the work, except in an emergency endangering life or property,in which case the Construction Manager shall act,at his discretion,to prevent threatened physical damage, injury, or loss. Any change in the Guaranteed Maximum Price or in the Construction Manager Contingency line item resulting from such claim may only be authorized by Change Order. However,it is understood and agreed that one of Construction Manager's primary duties is the anticipation and avoidance of potential claim situations. 8.2.2 All claims and disputes between Manager and Owner shall first be submitted to Architect for review and evaluation. Architect shall timely submit in writing its findings, conclusions and recommendations to Owner,copy of same to Manager. Further,under the conditions described in Paragraph 8.1.2 hereinabove, and in the manner set forth therein, Owner may, after validation of Manager's claim,authorize an additive Change Order with regard to that claim,without increasing the Guaranteed Maximum Price at that time. 8.3 Minor Changes in the Work. 8.3.1 The Architect shall have authority to order minor Changes in the Work, within the Scope of the Work, not involving additional cost or an extension of the Project Time Schedule and not inconsistent with the Contract Documents. Such Changes may be effected by Field Order. Such Changes shall be binding on the Owner and the Construction Manager, provided notice and reasonable opportunity to object have been given. 8.4 Field Orders. 8.4.1 The Architect may issue written Field Orders which interpret the Plans and Specifications or which order minor Changes in the Work in accordance with Paragraph 8.3.1 above, without change in the Guaranteed Maximum Price or extension of the Project Time Schedule. 8.5 Emergencies. 8.5.1 In an emergency affecting the safety of persons or property,the Construction Manager shall act,at its discretion,to prevent threatened physical damage, injury or loss. Any additional compensation or extension of time claimed by the Construction Manager on account of emergency work shall be determined as provided in this Article. IOA-26 ARTICLE 9 DISCOUNTS,REFUNDS,SALES OF SURPLUS MATERIALS,ETC. 9.1 All discounts, if realized, for prompt payment shall belong to the Owner and shall be accounted for in the applicable line item. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall likewise belong to the Owner, and the Construction Manager and Owner shall make provisions so that they can be secured, the amounts thereof to be accounted for in the applicable line item. ARTICLE 10 APPLICATIONS FOR PAYMENT 10.1 The Construction Manager shall furnish to the Owner a monthly statement of the work performed during the preceding month for which it claims it is entitled to be paid. The statement shall be submitted on a form approved by The Owner and shall include all monthly payroll data, by classification, of Manager's field personnel and of the personnel of the Subcontractors and all lower tier subcontractors at the Project site. All payroll records must be maintained and submitted by Workers' Compensation classification codes. Manager shall require Subcontractors to secure monthly payroll data from lower tier subcontractors for inclusion in the monthly statement. The statement may also include the reasonable value of materials or equipment not yet incorporated in the Project but delivered, inspected and suitably stored at the site, or, with Deputy Director's consent and subject to compliance with any conditions thereof, at some other location agreed upon. 10.2 Each such statement shall include an amount for the Construction Manager's Fee computed on the basis of 100%of the amount earned for the statement period,less applicable retainage. 10.3 The Construction Manager agrees that 5% of the amounts due under each Subcontract shall be retained by the Owner until 30 days after Final Completion of the Project under this Contract, except that upon mutual agreement by the Architect, Deputy Director and Construction Manager, and with consent of the Manager's surety, payment in full shall be made to those Subcontractors whose work is fully completed and accepted during the early stages of the Project, and who have provided a maintenance bond or equivalent security for any remedial or corrective work, acceptable to the Owner and Manager. 10.4 The Architect will review the Construction Manager's statement of monies due and will promptly issue a Certificate for Payment to the Owner for such amounts as approved. 10.5 Final payment, constituting the unpaid balance of the Cost of the Work, retainage due Subcontractors, and the balance of the Construction Manager's Fee(including retainage), shall be paid by the Owner to the Construction Manager 60 days after Final Completion of the Project and Acceptance by Owner, and a final Certificate for Payment has been issued by the Architect in accordance with Article 9 of the General and Supplemental Conditions of the standard construction contract. 10.6 No amounts due Construction Manager hereunder, other than for payments to Subcontractors (or payments to Manager for work done by its own forces) and Construction Manager's Fee, shall be subject to retainage, payments to be made in accordance with Aricle 9 of the General and Supplemental Conditions of the standard construction contract. ARTICLE 11 INSURANCE 11.LA The Construction Manager shall purchase and maintain insurance for the term of the Contract as follows: 10A L7 LIABILITY INSURANCE (1) Worker's Compensation, as required by Texas law, insuring the Construction Manager's full liability under the Workers' Compensation and Occupational Disease Laws of the State of Texas, with the policy endorsed to provide a waiver of subrogation as to the Owner; and Employer's Liability Insurance at a limit of not less than$100,000 for each accident,$100,000 disease for each employee and$500,000 disease policy limit. (2) Commercial General Liability Insurance. Coverage shall be on an "occurrence" basis and shall insure Construction Manager for Work performed under the Contract against claims for bodily injury, including death, of any person other than Construction Manager's employees, and property damage for injury to or destruction of tangible property other than the Work itself. The policy shall contain the personal injury endorsement modified as set forth below, and the policy shall be endorsed to remove any property damage liability exclusions pertaining to loss by explosion, collapse or underground damage,and shall include coverage extended to apply to asbestos hazards,if the Project involves work with asbestos. The policy shall include: (A) Products and Completed Operations Liability, to be maintained for a minimum of one(1)year after final completion and acceptance of the Work,with evidence of same filed with Owner.. (B) Independent Contractor's Liability to cover Construction Manager's liability arising out of work performed by the Subcontractors or lower tier subcontractors. (C) Contractual Liability covering,but not limited to,the liability assumed under the indemnification provisions contained in this Contract and in Paragraphs 3.18.1 and 10.2.4 of the Supplementary General Conditions. (D) Personal Injury Liability,with employee exclusion deleted. (E) Broad Form Property Damage,extended to apply to completed operations. (F) Limits of liability not less than a combined bodily injury (including death) and property damage minimum limit of $1,000,000 per occurrence, $2,000,000 annual aggregate. The Owner and the Engineer shall be named as additional insureds. The policy shall include either endorsement CG2501 or CG2503 amendment of limits (designated project or premises), in order to extend the policy's limits specifically to the Project. If endorsement CG2501 or CG2503 is not attached, Owner's Protective Liability Insurance as described below is required. (3) Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non-owned vehicles, with a combined bodily injury (including death) and property damage minimum limit of $1,000,000 per occurrence. Such insurance shall include coverage for loading and unloading hazards. (4) "Umbrella"Liability Insurance. The policy shall insure the Construction Manager for an amount of not less than $10,000,000 per occurrence combined single limit for bodily injury (including death) and property damage, that follows form and is in excess of the primary liability insurance coverage required above. Owner and the Engineer shall be named as additional insureds. IOA-28 OWNER'S PROTECTIVE LIABILITY INSURANCE (5) If endorsement CG 2501 or CG 2503 is not attached to the Commercial General Liability policy as described above, the Construction Manager shall obtain, pay for, and maintain at all times during the prosecution of the Work under this Contract, Owner's Protective Liability Insurance. Coverage shall be on an"occurrence"basis and shall insure Owner for operations performed by Manager and Subcontractors in the prosecution of the total construction Project. The policy shall be issued by the same insurance company that carries Construction Manager's Commercial General Liability Insurance. Limits of liability shall be a combined bodily injury (including death) and property damage minimum limit of$1,000,000 each occurrence,$2,000,000 annual aggregate. (6) The Construction Manager shall purchase and maintain such Boiler and Machinery Insurance as may be required by the Contract Documents or by law, at such time as the exposure commences. This insurance shall include the interests of the Owner, the Engineer, the Construction Manager, the Subcontractors and lower tier subcontractors in the Work. CERTIFICATE OF INSURANCE (7) Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates shall contain a provision that coverage afforded under the policies will not be materially changed, cancelled or non-renewed until at least forty-five(45)days prior written notice has been given to the Owner. When requested by the Owner,copies of any of the policies will be famished to Owner. 11.1 B Certificates of insurance for insurance required of Subcontractors shall be furnished to Manager instead of Owner. 11.2 Any insurance policies required under Paragraph 11.1 above may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. 11.3 Where liability for a negligent act or omission is not covered by insurance, the Manager, Subcontractors, Owner and Architect shall each be responsible for their own negligent or strictly liable acts or omissions, subject to the applicable indemnity provisions of this Contract, the subcontract forms and the Supplementary General Conditions to the standard construction contracts. This provision shall never be held to have been made or entered into for the benefit of third persons,but shall be strictly construed for the benefit of the parties hereto exclusively. Also, this provision shall not be construed as a waiver by owner of its governmental immunity. 11.4 Manager's policies shall contain a waiver of subrogation rights against the Owner. ARTICLE 12 PERFORMANCE AND PAYMENT BONDS 12.1 With the execution and delivery of this Agreement, Construction Manager shall furnish to Owner in the amounts herein required, the following Surety Bonds in the form attached hereto, in accordance with the provisions of Texas Government Code,Chapter 2253: IOA-29 (A) A Performance Bond in the full amount of the Guaranteed Maximum Price, guaranteeing the full and faithful execution of the Work and performance of this Contract, in accordance with the Plans, Specifications and Contract Documents, including any revisions thereof pursuant to the Contract Documents, for the protection of the Owner. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one(1) year from the date of Substantial Completion of the Work. (B) A Payment Bond in the full amount of the Guaranteed Maximum Price, guaranteeing the full and proper protection of all claimants supplying labor and material in the prosecution of the Work and for the use of each claimant. 12.2 Each Bond shall be executed by Construction Manager, as Principal, and one or more corporate sureties fully acceptable to Owner. Owner reserves the absolute right to reject any proposed Surety in litigation with Owner, or any of Owner's agencies. 12.3 Further, each Subcontractor whose Subcontract is greater than$25,000 will likewise be required, as a condition of their Subcontract,to execute similar Performance and Payment Bonds, in the full amount of each Subcontract,naming both the Construction Manager and Owner as Joint Obligees. Subcontractors not required to provide performance and payment bonds will not be paid progress payments,but shall be paid upon final completion and acceptance of their Work. ARTICLE 13 INDEMNIFICATION 13.1 Manager agrees to defend, indemnify and hold Owner, its officers, agents and employees, and the Engineer, harmless against any and all claims, lawsuits, judgements, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Manager's breach of any of the terms or provisions of this Contract, or by any negligent or strictly liable act or omission of Manager, its officers, agents, or employees, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of Owner,its officers, agents, employees or separate contractors, or the Engineer, and in the event of joint and concurrent negligence or fault of the Manager, the Owner,and the Engineer, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the law of the State of Texas, without, however, waiving any governmental immunity available to the Owner under Texas law and without waiving any defenses of the parries under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Where the Manager performs work with its own forces or with a contractor of its choosing under Article 4.2, the indemnity provisions contained in the Supplemental General Conditions shall apply and shall control in the event of a conflict with this provision. 10A 30 ARTICLE 14 OWNER'S RIGHT TO TERMINATE;REMEDIES,DELAYS,AND MANAGER'S RIGHT TO SUSPEND WORK 14.1 The right to terminate this Contract, in whole or in part, with or without cause, and for the convenience of the Owner is expressly reserved by Owner. In such event,Notice of Termination, for all or any portion of the Work,shall be delivered to Manager,who shall then be reimbursed by Owner in accordance with the terms and provisions of this Contract, for all services satisfactorily completed, but not to exceed actual costs incurred in connection with the Work to the Date of Termination. No amount shall be due for lost or anticipated profits. All Work-related documents and records shall become the property of Owner, and shall be promptly delivered to Owner in a reasonably organized form without restriction on future use. Should Owner subsequently contract with a new construction manager for continuation of services on the Project, which right Owner specifically retains,Manager shall cooperate in providing information. 14.2 Nothing contained in Paragraph 14.1 above shall require Owner to pay for services which are unsatisfactory as determined by the Owner, or services not in compliance with the provisions of this Contract. The Owner may withhold payments to Manager when Manager is in default under this Contract, without waiving any other remedy or right available at law or in equity, including the right to bring legal action for damages or to force specific performance of this Contract. 14.3 Manager understands that time is of the essence and Manager shall be fully responsible for its delays or for its failure to use its best efforts to accomplish the purposes of this Contract. However, neither Owner nor Manager shall be deemed in violation of this Contract for delays caused by circumstances beyond their respective control. In such event, notice of delay must be timely given, and reasonable efforts undertaken to mitigate effects. 14.4 Except of an emergency basis, or for the protection of the Project or personnel at the jobsite, or where Manager observes construction being undertaken contrary to the contract Drawings and/or Specifications,Manager shall not suspend work or construction without Owner's permission. ARTICLE 15 ASSIGNMENT,GOVERNING LAW,VENUE AND NOTICES 15.1 This Contract shall be binding on the Parties hereto,their successors, assigns and representatives. Neither Party shall assign any interest in this Contract without the written consent of the other. 15.2 This Contract shall be governed by and construed solely in accordance with the Laws and court decisions of the State of Texas. 15.3 This Contract shall be enforceable in Southlake, Tarrant County, Texas, and if legal action is necessary be either Party with respect to the enforcement of any or all of the terms and provisions herein,exclusive venue for same shall lie in Tarrant County,Texas. 15.4 All written notices given to Owner by Manager shall be addressed to: Curtis E.Hawk,City Manager City of Southlake 1725 E. Southlake Blvd. Southlake,Texas 76092 All written notices from Owner to Manager shall be addressed as follows: HC Beck,Ltd. 1700 Pacific Avenue Suite 3800 Dallas,Texas 75202 10A-31 15.5 In the performance of this Contract, Manager shall occupy the status of an Independent Contractor, performing all work without immediate direction or supervision by Owner. No `+ provision of this Contract shall be construed as making Manager an agent of Owner. ARTICLE 16 COMPLIANCE WITH LAWS,NON-DISCRIMINATION AND FEDERAL FUNDS 16.1 Manager, its officers, consultants, agents, employees and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Southlake, as amended, and with all applicable rules and regulations promulgated by all local, State and National boards,bureaus,and agencies. 16.2 As a condition of this Contract,Manager hereby covenants that it will take all necessary action to insure that, in connection with any work under this Contract, it and its subcontractors will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance,either directly or through contractual or other arrangements. In this regard,Manager shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with this and other provisions of the Contract. 16.3 In the event Owner receives funds from any Federal Agency to be utilized in construction of the Project, Owner shall notify Manager of any terms, requirements, conditions or restrictions attached to the use of said funds. Thereafter,Manager shall assist Owner in notifying all affected bidders and/or contractors/subcontractors, and will include, to the extent necessary, all Federal requirements as a part of each and every bid package on the Federally funded portion of the Project. Manager shall also comply with any applicable requirement and assist Owner with assembling the documents necessary to evidence compliance by each affected bidder or contractor/subcontractor. 10A-32 ARTICLE 17 CONSTRUCTION WORK BY THE MANAGER AND MANAGER'S ACCOUNTING RECORDS 17.1 As a condition of this Contract, unless otherwise directed by the Owner at Owner's election, Manager may not perform construction work and may not submit a bid on any portion of the Project. In the event Manager is directed by the Owner to perform a portion of the Project construction, Manager shall continue to provide all construction management services to the extent provided under this Contract with respect to such construction work; and provided further that such construction work shall be completed to the full satisfaction of the Owner, and any disputes that may arise between the Parties in connection therewith shall be determined by the Owner,whose decision shall be final and binding. 17.2 Records of Manager's Direct Salary Costs, Direct Personnel Expenses, consultant, subcontractor and Reimbursable Expenses pertaining to the Project,and records of accounts between Owner and Manager shall be kept by Manager on a generally recognized accounting basis and shall be available to Owner or its authorized representatives upon reasonable notice. In the event Manager is awarded construction work,all cost and other records relating thereto shall be kept by Manager separately from Manager's records relating to its construction management services, in order to facilitate review and/or auditing by the Owner at its election. ARTICLE 18 FINANCIAL INTEREST PROHIBITED;CONFIDENTIALITY 18.1 Manager covenants and represents that Manager, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in product,materials or equipment that will be specified for the construction of the Project. 18.2 Manager understands that the Charter of the City of Southlake provides that no officer or employee of the City shall have any financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, 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 prohibition 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 prolbition,with knowledge,express 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. 18.3 Manager's reports, evaluations, data, and all other documentation and work developed by Manager hereunder shall be kept confidential, and shall not be disclosed to any third parties without the prior written consent and approval of the Owner. IN WITNESS WHEREOF, Owner has caused this Agreement to be signed in its corporate name by its Mayor, and HC Beck, Ltd. has signed by and through its duly authorized President, thereby binding the Parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. APPROVED AS TO FORM: CITY OF SOUTHLAKE: By By CONSTRUCTION MANAGER: By Executive Vice President, Managing Venturer 1OA-33 • City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, Citv Mana,_,er FROM: Greg Last, Community Development Director Stefanie Sarakaitis, Comprehensive Planner SUBJECT: Maximum Review Comments / Procedural Changes Action Requested: Discussion item: Issues related to reducing the number of comments on the Staff Review Summary. Confirmation of direction intended by staff as it relates to administrative procedural changes or other recommendations. Background Item requested by Councilmember Martin. One observation that may explain the need for this change is the evolution of the type of development applications submitted to the city. Historically, the greatest percentage of applications were residential subdivisions done by a relatively small group of consultants. They became fairly competent at complying with the ordinances because of their frequency of involvement. In the past couple years, we have seen a dramatic shift from residential applications to non- residential applications. With this type of application, the consultants frequently are new to Southlake and they typically only do one or two projects in the city. By the time they learn the codes, they no longer have projects in the city. Staff spends considerably more time bringing new consultants up to speed on the requirements than in the past. As well, the regulations have grown more complex in recent years, requiring longer for the consultants' to gain a full understanding of the ordinances. Information: Community Development Staff over the past couple years have periodically evaluated alternative procedures for processing development reviews. We have taken this opportunity to further research alternatives that might solve the problem of applicants' failure to revise development submittals to achieve "clean" reviews. Financial Considerations: None Citizen Input/ Board Review: None 1 " � Legal Review: Staff has consulted with City Attorney Wayne Olson regarding various aspects of implementing new administrative procedures. Some of the major points are as follows: 1. Question: Can they defend a process that requires applications be basically "clean" before formal processing? (The Local Government Code (section 212.009(a) - Approval Procedures) states: "The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed.") Answer: Yes. Although there has been no Texas case law further defining the intent of the word "filed," he feels that they can defend it because the city will be showing progress in the processing of the application and that "reasonable administrative delays" are acceptable. (There is some federal precedent.) 2. Question: What process is required to make a change in administrative procedures? Answer: There do not appear to be any requirements in either the zoning or subdivision ordinances which mandate a particular administrative procedure. He is comfortable with us just making the change as needed. He does recommend however, that additions to both the subdivision ordinance and zoning ordinance regarding wording to enhance our position. We are working on this wording at this time. Alternatives: We have evaluated many alternative processes for review of development submittals. There are several fixed factors which limit the alternatives (meeting dates, legal notice requirements, owner notification requirements, etc.). The flowchart attached is the only functional alternative that we have been able to develop. We would be glad to attempt to develop other alternatives should the Council have specific recommendations. Supporting Documents: Attached you will find the following information: • Pre-submittal Survey: A matrix summarizing information gathered on several cities as to their procedures for processing development applications, particularly as it relates to pre-submittal restrictions. • Graphic Flowchart: A graphic representation of the administrative procedures currently in place, and as recommended herein. Staff Recommendation: Staff recommends the following: • New administrative procedures be implemented that require that a submittal be "clean" before it is placed on the P&Z agenda for deliberation. This would be basically as shown on the attached graphic flowchart and include the administrative policies shown on the following page. 1. Benefits to P&Z & CC: • Reduction in the number of comments on the staff review letters, allowing a better focus on more significant issues. • Potentially less resubmittals. • Applicant response letters could be included in the packet rather than handed out at the meeting. 2. Benefits to Staff: • Ability to return a "willfully lacking" application with reduced review effort. • Cleaner review letters when appearing before P&Z or CC. • Shifts the burden of quality control to the applicant rather than staff. • Should reduce the number of packets. Often we prepare packets for items that are tabled just prior to the meeting. • Threat of loss of time will motivate consultants to prepare better submittals. • Changes "crunch-time" period for staff from packet week to earlier in the process. • More efficient agenda management (i.e. no continuously tabled projects) 3. Benefits to Developers: • Desired variances easier to understand • More focused discussion at meetings • Allows more time for revisions between P&Z and Council • Process minor revisions to the zoning ordinance and subdivision ordinance which clarify the definition of "filed with the city" and that staff has the ability to develop / change administrative procedures as necessary to implement the zoning and subdivision ordinance regulations. Feel free to contact Director Last or Stefanie Sarakaitis should you have any questions regarding this recommendation or other alternatives. App oved ttal to City Council: City ana r' _Of e Ek...,,Implementation Policies for Community Development Case Processing Presubmittal Survey Matrix Graphic Flowchart of New Administrative Procedures 3 Implementation Policies for Community Development Case Processing* T following policies will need to be followed to administer the new procedures. 1. Applications that are "willfully lacking" in compliance (i.e. minimal effort has been given to submitting an acceptable application) will be sent back to applicant with only a submittal checklist and highlighted areas that appear to be missing. An actual review will not be generated until a good-faith submittal has been turned in. 2. There will be a two-tiered queue for the submittals. There will be a queue for the DRC meeting as well as a queue for the P&Z meeting. They will be processed in the order received. 3. Resubmittals will have one chance at complying with the ordinances (with the exception of major variances requested by applicant). If the application fails to meet the requirements with the revised submittal, they will lose their place in the DRC queue and will fall to the bottom of the queue. 4. If resubmittals are required after P&Z but before Council, the submittal would not be on the next CC meeting, but rather skip a CC meeting. 5. Operational definition of a"Clean" submittal would be as follows: A submittal with no more than three minor non-variance review comments. Minor comments would be items such as labeling. It would be generally understood that review comments would only qualify as "variance" comments if the issues were significant in nature and could not be addressed without significantly changing the application as submitted. iWONAL IDEAS A. Consider an additional fee for resubmittals beyond the first (or second) resubmittals. This could be a percentage of the cost of the original submittal. B. Relief for submittals of"significant economic benefit" to the city. There could be a threshold established of anticipated annual sales tax revenue or ad valorum tax which if exceeded, would allow the submittal to be "fast tracked". Would still need to have a"good-faith" effort at submitting plans in conformance with ordinance requirements. *These policies may be changed periodically by staff to effectively and efficiently administer the development applications processing. City of Southlake, Texas i i Presubmittal Survey—Januan, a 1999 City Pre-Placement Notes Review) Addison!972-450-7000 No If comments are excessive, staff will informally discuss issues with applicant&suggest resubmittal prior to P&Z agenda placement. Bedford! 817-952-2105 Yes—staff Development review committee(DRC)reviews each case,sends j recommendation compiled review to applicant.Applicant encouraged to resubmit to DRC. Disclaimer on review states that staff can recommend denial tabling until issues resolved. If outstanding issues on review exist at P&Z level, staff briefs P&Z of these issues at work session. DRC meetings are weekly. Colleyville/817-577- Yes—DRC DRC reviews each case, formulating review to send to applicant. 7575 procedure Applicant must resubmit for DRC review. Case is sent to P&Z when all issues,except variances, are resolved. DRC meetings are bi- monthly. Euless/817-685-1631 Yes—DRC DRC reviews each case, formulating review to send to applicant. procedure Applicant must resubmit for DRC review. Case is sent to P&Z when all issues,except variances,are resolved. Case can be sent forward with minor"quick-fix" items(i.e. spelling, etc.). DRC meetings are weekly. Farmers Branch/972- Yes—staff Site plan staff(equiv. to DRC)reviews each case,sends compiled 247-3131 recommendation review to applicant. Applicant is encouraged to resubmit for 2"d review. Case is sent to P&Z w/recommendation to deny if too many unresolved issues, or recommendation to approve as submitted or with conditions(variance requests). Site plan staff meetings are weekly. apevine/817-410- Yes—DRC Review committee reviews each case,sends compiled review to 3155 procedure applicant. Applicant resubmits to staff as needed. Case is sent to P&Z with a clean review,with exceptions as requested by applicant. Review committee meets monthly. Hurst/817-788-7095 No DRC reviews each case, sends compiled review to applicant. Applicant resubmits plans for P&Z—re-reviewed by planning staff prior to P&Z meeting. Keller/817-431-1519 Yes—DRC DRC reviews each case, sends compiled review to applicant. procedure Applicant must resubmit for DRC re-review. Unless variances or special conditions,case is not scheduled for P&Z until review is clean. DRC meets weekly. Plano/972-941-7000 Yes— Submittals are reviewed by planning staff,who consult other administrative departments as needed. Review is sent to applicant,who must procedure resubmit for staff review. With the exception of variance requests, case is not scheduled for P&Z until review is clean. No formal i development review committee. Southlake No DRC reviews each case,sends compiled review to applicant and P&Z. Applicant resubmits for Council per review and P&Z recommendations. DRC meets bi-monthly. L:\COMDEV\WP-FILES\PROJECTS\SURVEY\AGENDA 1.DOC I Current Proposed Process I Process Submittal Pre-submittal AMW 11 V P&Z le gals Week 2 DRC for comments DRC for comments Revise per DRC (adds 2 weeks) Owner notifications evisions needed Yes No Week 3 �sentto &Z packet;review Formal submittal applicant P&Z legals Review to applicant Week 4 Applicant response Applicantresponse P&Z recommendation Owner notifications ....... Week 5 Revise plan per P&Z& P&Z packet review&resubmit Council packet Week 6 P&Z recommendation City Council action evisions neede per P&Z? Yes Revise plan per Council& resubmit for 2nd reading NO Council packet Revise plan per Council packet L P&Z&resubmit Week 8 City Council action City Council action DRC for comments Yes Revisions r 2nd readin I ........ ........... _....... ...........No Week 9 Revise per Council Council packet Council packet &resubmit ....... Week 10 DRC for comments City Council action City Council action Revisions Yes r 2nd readin No Week 11 Council packet Council packet Revise per Council &resubmit ..................... .. ........... Week 12 DRC for comments City Council action City Council action QWeek 13 Council packet W City Council action L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\DEV-CASE3.VSD I � �J ` City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: City of Southlake Legislative Agenda Action Requested: Council discussion of items to pursue during the current State legislative session. Background Information: During this time during each even-numbered year, the City Council begins planning for the upcoming Texas legislative session. The Council formally or informally establishes legislative goals and may even get involved in legislative activities throughout the session. In years past, the city's "legislative agenda" was pursued through a myriad of sources including the Texas Municipal League, the North Texas Commission, Metroport Cities Partnership and through efforts involving the local state representative and senators. City Councils in recent years have pursued changes to legislation regarding amendments to the Alcoholic Beverage Code to permit Southlake to hold a local option election for wine sales and legislative remedies which would allow Southlake DPS to legally weigh trucks on S.H. 114 and F.M. 1709. Financial Considerations: Not applicable, unless the Council wishes to pursue issues requiring a professional lobbyist. Citizen Input/ Board Review: Metroport Cities Partnership identifies municipal concerns for the metroport cities area and holds public meetings to discuss the issues. Both the wine sales and truck weighing issues have been discussed individually with interested SPIN representatives. Legal Review: The city attorneys provide assistance putting together proposals, once legislative issues have been identified. Alternatives: Not applicable. Supporting Documents: TML Legislative Update, December 23, 1998 1 s/ Curtis E. Hawk January 15, 1M Page 1*0 Staff Recommendation: Staff recommends placing an item on the City Council agenda which would provide the Council the opportunity to discuss issues to pursue during the upcoming legislative session. S Approved for Submittal to City Council: (-rsj City Mana is ffice a y. j7ML egislafi* ve December 23, 1998 SKY Number 13 TML LEGISLATIVE BRIEFING SCHEDULED FOR FEBRUARY1. 1999 he League's biennial Legislative Briefing and Luncheon is scheduled for Monday, February 1, 1999. This event, as in years past, will be held at the Austin Marriott at the Capitol and is usually a sell-out, so city officials should begin their attendance plans now. Hotel reservations can be made by calling (512) 478-1111 and identifying yourself as an attendee of the TNfL Legislative Briefing to obtain a special rate. Room reservations should be made by January 18, 1999. .Additional information on the program will appear in future issues of the aff- Legislative bpdate and will be mailed to all TML member cities. City officials only, please. HOTEL/MOTEL GROUP ISSUES FALSE ALERT Dunnor this time of each even-numbered year, associations of every description are preparing for the upcoming legislative session. Among their preparations are attempts to rally the membership — get the members interested in the group's legislative goals, encourage them to participate in legislative activities, and ensure that they stay connected to the association N nen TNIL Le-i lati%_- U 7dute. ples�e make copies of it and distribute them to members of the inl bode and to department heads as appropriate. T`IL sends only one copy to each city. and we rely on those who receive it to distribute it. Thanks for '.Our help. Published by the Texas Municipal League 1821 Rutherford Lane, Suite 400. Austin, Texas 78754-5128 - (512) 719-6300 throughout the session. There are many ways to do these things, of course, but this year.theL Texas Hotel and Motel Association attem ted to use a new technique: simply disseminate false and misleading information about another association. December 7, 1998, THMA released the following alert: WARNING AND CALL TO ARMS!!!! One of the Texas Municipal League's (7ML)five major legislative agenda items in the next Texas Legislative session is to get municipal hotel occupancy taxes away from tourism and convention work and made available for general fund activities. TML's plan would take the current dedication of municipal hotel occupancy taxes away from CVB's and chambers of commerce, presumably to use the funds for such things as city employee raises and general works projects. Do you want your city and county hotel occupancy taxes used for street improvement? Do you want your city and county hotel taxes used for zoos? Do you want your city and county hotel taxes used for city park maintenance? Do you want your city and county hotel taxes to be used for anything else other than the promotion of tourism and convention business? THIS WILL BE A WAR! Be prepared to work very closely with TH&MA and its partners in the industry to protect our lifeblood If we were to lose the hotel taxes, we would be in serious trouble. Interestingly enough, so would the cities who so covet these funds. Without tourism and conventions, city coffers woulc4 in due course, be severely impacted, and Texas would lose its competitive edge in tourism and travel to other states. The source of such inaccurate and inflammatory material remains a mystery. (The League's legislative program does include support for legislation that would make hotel occupancy tax revenue available for tourism—related economic development and beautification, but contains absolutely nothing about using such revenue for"general fund activities.") After being contacted by TML, the hotel/motel association issued a retraction. CITY-RELATED BILLS FILLED H.B. 402 (Thompson) — Lawsuits: would allow the Texas attorney general and the state prosecuting attorney (for criminal matters) to intervene in a lawsuit that challenges the constitutionality of a city ordinance, and would require the Texas Legislative Council to prepare a report every two years listing each ordinance declared unconstitutional by a state or federal court. H.B. 405 (Palmer) -- Property Taxes: would: (1) allow a religious organization to receive a tax exemption on up to 40 acres of vacant land that the organization owns but does not use to produce revenue for the organization or another person; and (2) require the religious organization to notify the appraisal office once the exemption ends or pay a penalty equal to 10 percent of the taxes imposed on the land for each year the exemption was erroneously taken. H.B. 406 (Hilderbran) — Long-Term Care: would create a self-funded, long-term care program for public employees. The program would be administered by a board of directors consisting of the executive directors of the major public retirement systems, including the Texas Municipal Retirement System. The board could contract with insurance carriers to offer long- term care insurance plans or enter into health care service plan contracts. Any member, annuitant, spouse, child, parent, or spouse's parent in a public retirement system (or any other retirement system offered by the state or a political subdivision of the state which contracts with the board)would be eligible to participate in the long-term care program. Companion bill is S_B. 97 by Harris. 2 H.B. 407 (Hilderbran) — Labor Union Dues: would prohibit a labor union from using my membees dues for political purposes unless the member has given written authorization to we a C-portion of the dues for political purposes, and would require any employer who has mmppbyea rpresented by a collective bargaining agreement to post a notice in the workplace osnforming employees of their right to require written authorization to use dues for political purposes. H.B. 423 (B.Turner) — County Subdivision Authority: would broaden the authority of counties to require that plats of subdivisions be prepared and submitted for approval, and to adopt specifications for drainage in the subdivisions. H.B. 432 (B.Turned— State Agency Rules: would allow members of the legislature to request an independent review of an agency rule to determine if the rule complies with applicable laws and can be justified when compared to other alternatives that could satisfy legislative intent; and would allow a legislative committee to recommend that the governor suspend implementation of an adopted or proposed agency rule. H.B. 438 (B. Turner)— Public Property: would prohibit a state agency from requiring a permit of another state agency for activity conducted on property owned by the state agency but leased or used by a city or other local government, and would provide that a city leasing state-owned property would be responsible for all costs and liabilities related to the city's activities on the property, including any environmental liabilities arising during the term of the lease. H.B. 439 (Krusee)— Annexation: this is an omnibus bill that includes the recommendations of the Senate Interim Committee on Annexation. Among other things, the bill would: •:• provide that if a city annexes city-owned land that is not in the city's ETJ and is not contiguous to the city, the city's ETJ will expand by only one mile from the boundaries of the annexed area. •*e provide that a city may not, after annexing an area, prohibit a person from using land in the area in the manner in which it was used before annexation, or from beginning to use land for a purpose for which the landowner has submitted any required application prior to annexation. require a city to prepare a three-year annexation plan and provide written notice to each affected property owner. ❖ require a city to compile a comprehensive inventory of all public or private services and facilities in the area to be annexed. ❖ provide that: (a) a city may not annex territory that is contiguous to municipal territory for less than 1,000 feet at any point; and (b) a city may not annex territory that is in the city's ETJ only because of a previous annexation of the type described in(a) above. ❖ require that a city provide police and fire protection, emergency medical services, and maintenance of any public works immediately upon annexation (rather than within 60 days, as is current law). ❖ require that a city provide full municipal services within 2 'h years (rather than within 4 '/2 years, as is current law). •:• provide that an annexation may not have the effect of reducing services within the city as it existed before an annexation. 3 provide that if an annexed area had, prior to annexation, a level of infrastructure maintenance superior to that provided within the city, the city must eontuwe that level of infrastructure maintenance. ,,,,. •:• provide that: (a) when a resident of annexed area seeks a writ of mandamus td enforce an annexation service plan, the burden of proof shall be on the city, (b)if a judge issues such a writ, the judge may impose fines on the city, require the city to refund property taxes collected in the area, and pay attorney's fees and court costs; and (c) if a city disannexes territory, it must refund property taxes previously collected by the city. •:• provide that when a city annexes an area with 250 or more inhabitants, the city must negotiate the service plan with the property owners in the area and must pay for and comply with arbitration if no agreement can be reached with the property owners. •:• provide that a water district, municipal utility district, a homeowner's association, or any other organized association may force a city to negotiate a strategic partnership (non-annexation) agreement and may force a city into binding arbitration to produce an agreement. ❖ require a seller of residential property to inform the buyer if the property in question is included in any city's annexation plan. Companion bill is S.B. 89 by INIadla. H.B. 446 (Revna) - Vehicles: would increase the penalty for the crime of unauthorized use of a vehicle by raising the punishment from a state jail felony to a third degree felony. L_..B. 453 (Gutieerrez) - Property Taxes: would expand the- definition of real property inventory for purposes of determining the market value of certain property to include some types of property used for industrial or commercial purposes. H.B. 475 (tilaxey) - Employment Discrimination: would prohibit discrimination by any employer against an individual based upon the individual's sexual orientation, and would provide that sovereign immunity would be expressly waived for purposes of these provisions. H.J.R1 (Junell) — Texas Constitution: this joint resolution and its companion S( J.R.1 by Ratli would extensively rewrite the Texas Constitution. The proposed new constitution would significantly increase the authority of the Governor by allowing the Governor to appoint: (1) a cabinet; (2) the justices of the Texas Supreme Court, court of appeals judges, and district judges; (3) the Secretary of Agriculture; (4) the Land Commissioner; and (5) the three Railroad Commissioners. H.J.R.1 increases the length of terms for senators and representatives and creates term limits. It also merges the Texas Court of Criminal Appeals into the Texas Supreme Court. The new document's greatest potential impact on cities arises from what it does not include. Some of the current constitutional provisions affecting cities that do not appear in H.J.R.1 include: ❖ the requirement that a city have 5,000 inhabitants to become a home rule city; ❖ the prohibition on dual office-holding for local government officers; .J 4 the ad valorem tax rate cap for home rule and general law cities; + the qualifications for municipal voters; ❖ the exemption of municipally-owned property from forced sale and taxation; and 4- the authority for Gulf-fronting cities to levy taxes to fiord seawalls. �Wln regard to current municipal authoritythat is omitted, the proposed constitution states that: "Any power directly granted to a ... city, ... under the Constitution of 1876 not also granted by statute or this constitution is continued in effect until superseded by law." It is possible that additional legislation will be introduced during the session to address this omission. A two-thirds vote of the membership of both the House and Senate is necessary to place the amendment on the November 2, 1999, ballot for approval or rejection by the voters. If approved by voters, the new constitution would go into effect on September 1, 2001. H.J.R. 23 (Palmer)— Property Tax Exemptions: would amend the Texas Constitution to allow the legislature to grant property tax exemptions to a religious organization for vacant land owned by the organization, if the land does not produce revenue for the organization or anyone else. H.J.R. 24 (Talton)— Term Limits: would impose 12-year term limits on all elective offices in the state (including city council offices); and would allow a city charter to impose more restrictive term limits on its officers. S.B. 89 (Madla) — Annexation: this is the Senate companion of H.B. 439 by Krusee. Please see description above. S.B. 90 (Nelson) Employment Information: would grant immunity to employers who provide ob references regarding current or former employees, and would allow a job applicant to receive ,rcopies of all written information submitted to a prospective employer by the applicant's former employers. S.B. 97 (Harris) — Long-Term Care: This is the Senate companion to H.B. 406 by Hilderbran. Please see description above. DALLAS MAYOR RON KIRK APPOINTED TO ELECTRONIC COMMERCE COMMISSION ayor Ron Kirk of Dallas has been appointed to the Advisory Commission on Electronic Commerce. The Commission was created by the recently enacted Internet Tax Freedom Act. Mayor Kirk was appointed by House Minority Leader Richard Gephardt(D-MO.). The Commission is charged with conducting a wide-ranging study of taxes imposed on electronic and other "remote" commerce. The Commission's recommendations could substantially impact local sales tax revenues. (Please see following reprints.) 5 111,Y- 7 „. Board Seeks provide. This will be our time to transmission on teleeommunira- make sure every business leader lions excise (federal) fazes; (c) Fairnew and every citizen understands model State legislation to pro- he ?:Csaordirarr erosion of our Main 5h*e# resources created by federal pre- mote uniformity and simphfica- tion of state and local sales taxes emption of critical revenues will (d) administration of eonsump. by ft”Sh" :Wean for every child in every cz r lion rases in other countries; (e) and town in arnerca.' other aspects of state and local "the NLC bard of T rec- -Thanks to the leadership of sales tar administration; and (e) tors endorsed a plan tQ initl- key vZ,C leaders. a bipartisan simp'uncation of telecommunica- ate a grass roots campaign group of Senators stood firm for lions tares. to ensure the equitable tines, small businesses. and In light of the new law.Antho- opportunities fir all Blain _tates and succeeded in turning ny asked Mavors Dennis Archer Street retailers and, small back efforts for unprecedented of Detroit.Harry Smith of Green- business, and for the future preemption of fundamental and wood,Miss.:Hal Daub of Omaha; of the state and local salea traditional municipal rights and and Mayor Pro Tern Mary Pbas of and use talc system in the authority' Anthony told the Dallas to lead efforts to put new world of electronic corn- board. The new law could lav the together recommendations for inercu. groundwork towards creating a strategies and actions NLC can 'llie action is to build on level plaving field so that every take to ensure the future of equi- the recent successes cities small business on every 'Main table opportunities for all Blain scored in the U.S. Senate on Street in\merica could compete Street retailers and small busi- the final legislation. Noting on equal terms with mail order ness that such a bold plan was a and Internet or electronic com- The four key component of the merce giants. It could give us the group leaders achieved ror-sensw and unani- Board's development of u chance to protect our revenue mow support by the Board to long-term strategy to base, so that we maintain the undertake a major outreach address the rapidly ecnerg- ability to educate, protect, and effort through state municipal ing global economy, deregu- serve our citizens.' leagues and city leaders to reach lalioci, and technology Meeting in Kansas City, the major corporate leaders,retailers, changes affecting the shape Board reviewed the specifics of teachers, fire and police officers, and role of cities in tole the recently-enacted Internet Tax and citizens in every community nation's future, then-NLC Freedom.A�ct and worked in small Noting the tom le:dty of a medi- Fin it Vice: President groups to develop strategies for p Clarence Anthony told the protecting state and municipal um—the Internet—Lor many citi- Nuud how important it was revenue systems and business zens,Board members agreed that to follow up the success the competitiveness for small busi- finding a means to help citizens organization had achieved nesses in the new,electronic mar- and business leaders understand in the Senate on the final ketplace. the consequences of failure to act version of Internet or glen- That new Internet law has critical. And they agreedthat the time was now. `We need tropic eommerve legislation imposed a three-year moratori to- to President Clinton signed um on state and local,but not fed- undertake a full court plan into lave oil October 21at. eral, taxes on the Internet— educate our members and the about public abt the loner-term "The new law creates an including extending the preemp- „ opportu[iity to move From Lion of state and local scales taxes impact of this issue, Mayor Cite defensive to the offen archer said. `Our views must on out-of-state electronic sales, centaur. information about the slot. It creates all upixltu- after which the President and pity tar our members and Congress are to study and tangible impacts on our ability to community leaders to address various aspects of the provide critical public services if ensure we have the we do nothing. well resources to meet the future taxationwell of electronic commerce "Ow effort must start locally," needs of our communities-- in we , i other comparable Mayor Pre Tem Poss said,"turd it intrastate, interstate and inter- must be undertaken jointly with as well as the finac�c}al national sales activities. state leaders. The bottom line, resources to meet the apgp. The final action by the federal ing critical . u.4c s�l'ety, they agreed,is that`we must get educ tutu, and tc government could cover (a) Congress and our local communi- trade barriers in international ties to understand this issue and commerce;(b)the impact of voice what it means locally.' In answer to the question, message fiom every community what is the message—Mayor leader must contain the tangible Daub was clear: it is not taxing impact on city services the Internet, but rather protect- (pohce&m)and 6W taxeshobs. ing the existing tax base for local Mayor Smith made dear that services. Daub called for new, the effort will require explaining strategic alliances—outside the the WHOLE picture—global, box—with: national, state, local impact,job • Successful partnership with impact, real estate impact" A small business interests steady erosion of state and local • Successful education of sales would affect jobs, and not small business/chamber on the just sales tax revenues,but also real impact of E commerce property values. They made dear • Successful partnership with it was time to debunk the claim Mate governments/leaders to by some in the U.S.Senate and in educate,then jointly act to lobby the Clinton Administration that Congress and candidates for fed- cities and states were harming erai office. the 'poor, fledgling high tech And they said the uniform industry." Commission Appoints rents Raise Was Questions by Frank SWmlh House and Senate leaders The new law establishes an Speaker of the House and last week completed naming :advisory Commission on Elec- House Minority Leader. appointments to the new Advi- tronic Commerce that is to The Commission is to study sory Commission on Electronic consist of 19 members, includ- various aspects of the taxation Commerce created by the ing the Secretaries of Com- of electronic commerce as well nternet Tax Freedom Act merce and Treasury and the as other comparable 'resident Clinton signed on U.S. Trade Representative. intrastate, interstate and October 21, 1998. But the There are required to be 8 rep- international sales activities. leaders missed both the dead- resentatives of state and local The subject matter may lines for the appointments con- government [at least one of include: (a) trade barriers in tained in the law,as well as the whom must be from a state international commerce; (b) right number of state and local without a sales tax—another the impact of voice transmis- leaders. condition not met—and one sion on telecommunications The list also omitted any from a state without a sales excise(federal)taxes;(c)model Blain Street retailer represen- tax and 8 business and con- State legislation to promote tative as mandated by the law sumer representatives]. The uniformity and simplification The outcome raises serious latter are to include- small of state and local sales taxes: questions about the fairness business, telecommunications (d)administration of consump- and validity of the commis- carriers, local retail business- tion taxes in other countries; sion, which is to forward rec- es,and consumers. (e) other aspects of state and ommendations to the White The Commission is to issue local sales tax administration; House and Congress in'May of a report to Congress within 18 and (e) simplification of 2000. months and its recommenda- telecommunications taxes. The law provides no proce- tions—which must receive 2/3 The Commission is to issue dure to adjust the final mem- approval of the membership— a report to Congress within 18 bers to conform with the law, are to promote tax and techno- months and its recommenda- leaving unclear whether the logical neutrality among all tions (which must receive 213 four Congressional leaders forms of remote commerce. approval of the membership) will meet to determine how to The representatives—both are to promote tax and techno- comply with the law. As the state and local,as well as busi- logical neutrality among all commission stands,it is heavi- ness and consumer—were to forms of remote commerce. ly balanced against Main be appointed by December 5th Those named to the new Street retailers and states and by the Senate 'lajority and commission are: ities. Minority Leaders, and the 7 By Senate"Leader lent gait •Cuv.Mike Levitt, Utah •DO. Paul Harris,Virginia *Stan 5ukul, constiltant, Ass;ciation for Interac- tive \•ledia *.Janus Barksdale, CEO, Netscape (America Online) *John Sidgmure, Vice Chairman, tilCl-World- Cuut By House Minority Leader Richard Gephardt(D-Mo.): •G(,v.Gary IAK:ke,Washing- ton *Mayor Hon Kirk, Dallas •Robert Pittman, President and CEO, America ()aline By Senate Minority Leader Tom Daschle(D-S.D.): •Michael Armstrong, Chairman and CEO, AT&T -Ted Waite, Chairman and Clio,Gateway •f.arry Carter, President, C'.i,r) By House Speaker Newt Gingrich (R-G-a.): *Dean Andal, Chairman, Califiirr(ia Board 0(- Eyi(alizatiun •Guv. .James Gilmore, Vir- ginia •C:r(n•er Nuryuist, Presi- de:nt, Americans fin-Tax Reform •I(ichdrd Parsons, Presi- (lent,'nme Viurner, Inc. *David Pottruck, President and CFO, Charley Schwab acid Co.■ Executive Director-Frank Sturzl General Counsel-Susan Horton DirecW d Ls*blativve Services-Shanna Igo LegWafhe Associate-Lance Lively For further information contact the TML Legislative Services Department, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128; (512) 719-6300, Fax (512) 719-6390 Page is too large to OCR. 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