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1999-02-02 CC Packetl'lLy UI ouUUIICirm, IuActo MEMORANDUM January 28, 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Authorize the Mayor to enter into a residential developer agreement for Timarron, Village H, Phase II (Huntly Manor) Action Requested: Consider authorizing Mayor to enter into a residential developer agreement for Timarron, Village H, Phase II (Huntly Manor) Background Information: A final plat has been approved for Timarron, Village H, Phase II (Huntly Manor) Addition, located in the southwest corner of East Continental Boulevard and Brumlow Avenue. On November 17, 1998, the City Council approved a partial developer agreement for grading only. Attached is a standard developer agreement for Timarron, Village H, Phase II (Huntly Manor). Financial Considerations: On December 14, 1998, the Park Board approved a park fee of $1,000 per lot for 156 lots, or $156,000. A memo from Kevin Hugman is made part of the developer agreement. Citizen Input/ Board Review: None. Legal Review: This developer agreement is our standard agreement, originally drafted by city attorneys. Alternatives: None. Supporting Documents: Developer Agreement Plat Exhibit 5B-1 Curtis E. Hawk January 28, 1999 Page Two Staff Recommendation: Place the developer agreement for Timarron, Village H, Phase II (Huntly Manor) on the February 2, 1999 City Council agenda for council to review and authorize the Mayor to enter into a developer agreement. Approved for Submittal to City Council: ity anager's Office am TIMARRON, VILLAGE H, PHASE 2 (Huntly Manor) DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Timarron, Village H, Phase 2 (Huntly Manor), hereinafter referred to as the `Addition" to the City of Southlake, Tarrant County, Texas, for the installation or certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 156 lots contained within the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, fifteen (15), after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Residential Developer Agreement 5B-3 C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. D. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. Residential Developer Agreement 2 5B-4 F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re -testing as a result of failed tests; All gradation tests required to insure proper cement and/or lime stabilization. Residential Developer Agreement 3 5B-5 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Residential Developer Agreement 4 RM II. FACILITIES A. On Site Water The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. Drainage Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Residential Developer Agreement 5 5B-7 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b. installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. Residential Developer Agreement 6 58-8 E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. Residential Developer Agreement 7 H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. Residential Developer Agreement 8 56-10 III. GENERAL PROVISIONS s ► � u ►�[�[�l�ii[�L`l DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of Residential Developer Agreement 9 5B-11 the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. Residential Developer Agreement 5B-12 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement: and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the City three (3) copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,000 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are 156 lots in Addition, which would bring the total cost of Park Fee to $ 156,OOQ:00. Residential Developer Agreement 11 5B-13 D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Steve Yetts Title: Project Manager Address: 700 Wentwood Southlake, Texas 76092 STATE OF COUNTY OF On , before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscrobed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: Residential Developer Agreement 12 (SEAL) 5B-14 CITY OF SOUTHLAKE, TEXAS In Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 13 5B-15 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 14 5B-16 City of Southlake, Texas MEMORANDUM January 6, 1999 _ TO: Charlie Thomas, Deputy Director of Public Works FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements — Timarron Village "H," Phase 2, Huntly Manor At its December 14, 1998 meeting, the Park and Recreation Board considered the park dedication requirements for Village "H," phase 2, Huntly Manor, a residential development. This development consists of 156 dwelling units, for a required park land dedication requirement of 3.9 acres, or upon approval of the Park Board, payment of $156,000 in fees. The developer submitted a request to pay fees and requested credits for trail construction and open space in the form of additional right-of-way and internal open space. After much discussion with the developer's representative, the Park Board voted 6-0 to reject the requested credits, and to accept payment of park dedication fees in the amount of $156,000 for this development. Please contact me if you have any further questions. 5B-17 a3 LLJ ';b a a R, • :, " is- a 1� •�i }Iwoe '. C •jo '# 9 XZL T �• �: i f > i I= JML : ■ ! ,\� M � ,�:..� .,� ,- , �_.•. s jd ;�.Ri= �• - t - a � �;f -t��t- i �� �i'->t��-t�s t- tt�- at- ijjjj! KJ• �.■� '. �O-I � 1 a•j R `A u�` -LAW- s t-- �Il :� �e�f .ej _ �h.;.=• A..t�-� - .t_ fI � � [� � �� la _. aI3 �� .�; § � _I •� qt-� i it - _.. i mow•' •• _!' - ' .t f > a•.� f/ad •gal �•lit 11 �3 . •��. � iu�. � _-, �, ;� h _ � . rah.. �---.�� I ' I � t a;� ` � >� i .i 4 � e\emu -}• - i T-1----� i I` M•} > fln:gj ..�—.�. ��• � wow �w 'mom {P,115ildIN; ' -- f 58—nrn _ 1 1 1 11 18 1 7 7 ,ern �• � �4 Ys co ~itr ~ OCIA CA- - 6' i t y C r l • s Lu Cni .,� 17 '�y ,rgi . it �i • i tl 1� � i 1 r I i!!° 1 t i• 1 6r�.�•?� e Y i �yl c a °� t j ��I t�•t j �.�.1 a d Y c f id Pa 1 t 1 p i� 1 1 ��, r 1 0 1) I t l •� t t F; t �; tit '-S �� ►� • 1 ;i; ` �� i p � P .� P p F• sf `� '� P P•' `� '(� F F F F P P ! flF t-}E(F f1E(F � �; (fyyy.,yyyp` ,yyy■, o� ir.E fe f( 1' E f(# a ; r •r t[ sfa�ip ��•l' �f 't S , 't 1 .� 't ' �f rl� =P� Ip_ 1 .tom t It .t .t .t .t .t ., !f: ',1��������5;fir 3 it Sias .. �i •pj -pg 'p6� �,E .� .� :! .� 3i � Sint .. 4i 1 5B-19 f. ff City of Southlake, Texas MEMORANDUM January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Everspan, Inc., for the installation of sanitary sewer in the Jellico Estates Addition Action Requested: Staff requests the City Council award the bid to Everspan, Inc., for the installation of sanitary sewer in the Jellico Estates Addition. Background Information: As part of the Neighborhood Sewer Program, the Jellico Estates Addition is scheduled to receive sanitary sewer service. This is the final part of Phase 3 of the program. The first two projects in this phase were Dove Acres/Hillwood Addition and Cross Timber Hills. The City Council gave permission to advertise for bids for this project in October, 1998. Because of a serious illness in the Jonnston family, there was a delay in the easement acquisition, thus delaying the whole project. The easement has now been acquired. A survey was conducted in March of 1998 in this subdivision to determine the interest in connecting to the sanitary sewer. The City received responses from 68% of the 37 residences in Jellico Estates. Of those 25 individuals responding, 19 committed to connect within six months, three stated they would pay at the appropriate time, and three stated they would not connect. The bids were advertised in early January, 1999, once the easement was obtained from the Johnston's. Financial Considerations: The CIP budget includes $2,700,000 for Phase 3 projects which includes $500,000 for the Jellico Estates Addition. Out of a total of six bids received for this project, the low bid is $374,723.00 5C-1 by Everspan, Inc. (see attached bid tabulation). The engineering costs were $45,000. This brings the total cost of the project to $419,723.00. Citizen Input/ Board Review: The majority of residents in the Jellico Estates Addition have indicated a desire to connect to sanitary sewer. Legal Review: Not applicable Alternatives: Not applicable Supporting Documents: Bid tabulation Staff Recommendation: Staff recommends that the City Council award the bid to Everspan, Inc., in the amount of $374,723.00 for the installation of sanitary sewer in the Jellico Estates Addition. Please place this item on the February 2, 1999 Regular City Council Agenda for review and consideration. Approved for Submittal to City Council: 5C-2 f I ol� ]IG]i C'I?�ola C'�" "� (^i= o �iCAlal©Iwlolo ol�loio mI �IZ' 'v(OI°IGj.� 71ZIZIpI2(.n ] �I.,]i'y; ];0]i0]IG]tOINI - yl�I — 71 _ I ]'>, ]I 71 91.]Ilnl ]I ]I;Jl�li] O N Cn cc IGiim X inloloi]'I ! �j,-mi1M r.1jmjmimjn�n m rmn M Z. 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W tj 00 -4 -q Z- 0 co 0 j W C* W w 0 03 �j 0 W C) C)IC* ca cc 5; Cj A. a ri a) 0 -�4 C 0) 5n p :*4 9 p p :Cl ;o 0 0 000000 000 a coo 0 > C) -4 -n 0 Z5� a �j 0 A0 ca iz 0 K; a a 0 0 cn .96 f�J w C) w 0) W " C) w co tj C) pj C, 4A 4. 4. NJ I:- 4A C) M ` I !44 'A 4A 4A -64 t! ! W , . IM, - - I I Z I P, Un :"4 .50 ::L I� N tDIN t14A 0 i 1.�j 1- ID Q NJ .0, -4 : 1-1 Cl -4 W C) 00 0 0 0 0 0 0 0 006 Z, :�L Coco :14 A, 0 _, Iol a!(=:;,: CD 0 co CD CD 0 0 0 0 a co C) cc 0000 (3 0 01010 a 0 a j 0 03 cl 0 -,?cot m 0 a401 4. -il. C'CIOCIO 4A 40 4. 4A; 4. H 0c,lc=:)!8 4A 4A 44 *A 4. 4* Oa H 58;8 44 4. 14 44 4A 0, lof5ICI^,�- 5,010 0 a -.0.0 5 0 0 0 0 0 '51 9 M (ill l '►!li z m� m yam II m as 40 44 40 H 40 N 400 4fio 4A 40 !A N 44 44 44-60 4* 44 44 440 4A 4-4^4*40.4* *0 88 cn z M en m m X 0 m E m z 5C-4 N1 ICity of Southlake, Texas MEMORANDUM January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Ben Henry, Park Planning and Construction Superintendent SUBJECT: Authorization to advertise for bids for mowing services for parks and City facilities. Action Requested: Authorization from City Council to advertise for bidding the grounds mowing of park and City facilities. Background Information: City Council awarded the State rights -of -way mowing contract to VMC Landscape Services on April 21, 1998. The contract provided for a renewal of one year with all pricing to remain firm. VMC Landscape Services has agreed to renew contracts for the 1999 mowing season with City Council approval. We will bring this contract renewal to City Council for consideration at a later meeting. City Council awarded the City rights -of -way mowing contract to James Lawn Care on April 21, 1998. The contract provided for a renewal of one year with all pricing to remain firm. James Lawn Care has agreed to renew contracts for the 1999 mowing season with City Council approval. We will bring this contract renewal to City Council for consideration at a later meeting. City Council awarded the Park and City facilities ground mowing to Down to Earth Lawn Care on April 21, 1998. Staff has chosen not to offer a renewal contract for the 1999 mowing season. Financial Considerations: City Council has budgeted $120,000 for fiscal year 1998-1999 to include mowing of all State and City rights -of -way and all Park and City facilities. Contract renewal for VMC Landscape Services and James Lawn Care will amount to approximately $22,000, leaving $98,000 for park and City facilities. CATEN"OW-ATHELDOC SE)-/ Curtis E. Hawk, City Manager January 29, 1999 Page Two Citizen Input/ Board Review: N/A Legal Review: Since the contract documents allowed for a renewal, and also stipulated that the contract could be separated by mowing type and awarded to different contractors, we can renew those portions already discussed. We must again seek competitive bids however, for the park and City facilities mowing since we have chosen not to renew that contract and the cost will exceed $15,000. Alternatives: N/A Supporting Documents: None at this time. Bid specifications for mowing of park and City facilities are being prepared. Staff Recommendation: Authorize for the advertisement seeking bids for grounds mowing of all park and City facilities. Staff will bring the contract renewals for VMC Landscape Services (mowing of State right-of-way) and James Lawn Care (mowing of City right-of-way) to City Council for consideration at a later meeting date. I:1.I Approved for Submittal to City Council: Ar rity anager's Office CATEMPWOW-ATHR.DOC --5v A City of Southlake, Texas MEMORANDUM January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to dedicate the right-of-way of Fox Fire Lane to the City of Grapevine Action Requested: Staff requests that the City Council authorize the Mayor to dedicate the right-of-way of Fox Fire Lane to the City of Grapevine. Background Information: With Southlake Park Development Corporation (SPDC) funds, the City purchased 4.5 acres of property in the northwest corner of the City. This purchase included property on the southeast corner of Fox Fire Lane and Lonesome Dove Avenue, in the City of Grapevine. Fox Fire Lane is the first street north of Dove Road and is a gravel street in Grapevine. The property that Southlake purchased included the entire width of Fox Fire Lane. Therefore, the City of Grapevine is requesting that the City of Southlake dedicate the right-of-way to Grapevine as they are preparing to pave the street. Financial Considerations: As this road has existed for many years, Grapevine could declare a "proscriptive easement" right -of -use, and since Grapevine is planning to pave the road, staff did not approach Grapevine with the idea of purchasing the easement. Citizen Input/ Board Review: Not applicable Legal Review: Not applicable L 5E-1 1. N Alternatives: The City Council could request some form of payment from Grapevine or wait to have the property condemned. Supporting Documents: Letter from the City of Grapevine Exhibit A Exhibit B Staff Recommendation: Staff recommends that the City Council authorize the Mayor to sign the right-of-way dedication of Fox Fire Lane to the City of Grapevine. Please place this on the February 2, 1999 Regular Cit Council Agenda for review and consideration. /th Approved for Submittal to City Council: City Manage e 5E-2 c. X January 4, 1999 Bob Whitehead City of Southlake 667 N. Carroll Ave. Southlake, TX 76092-6412 Re: R.O.W. dedication for Fox Fire Lane, Grapevine, TX Dear Mr. Whitehead: It is my understanding that you have spoken with Stan Laster of Grapevine regarding the right-of-way (ROW) dedication for Fox Fire Lane. Attached, please find the ROW dedication deed, which requires signatures, as well as the associated exhibits for this property. Once signed, please return the documents to me so that they may be filed with the County. If there is any additional information that you require, any questions you have, or any amendments that need to be made, please feel free to contact me at (817) 410-3135. Sincerely, John D. Robertson Junior Civil Engineer cc: Contruction File \\C HDN\SYS\DATA\PWORKSUGHNNY\1998\FOXFIR E\C0RRES\sbke1.doc PUBU rrM11NT THE = OF GRAPEVINE P.O. Box 95104 • Gr 5E-3 199' Phone Metro 817/410-3135 • Fax 817/410-3003 Page Parcel A & C EXHIBIT A City of Southlake FIELD NOTES ,.PORTION. OF A ROAD EASEMENT HAVING A WIDTH. OF 6Q.0 FEET, COMMONLY K AS FOX FIRE LANE ACROSS A PORTION OF THE TRACT DESCRIBED IN A DEED TO THE CITY OF SOUTHLAKE, OF RECORD IN VOLUME 13310, PAGE 132, DEED RECORDS, TARRANT COUNTY, TEXAS, IN THE LEONARD LINCOLN SURVEY, ABSTRACT NO. 981, SITUATED. IN.TARRANT COUNTY,. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PARCEL A BEGINNING at a 5/8" iron found in the North line of the above referenced tract, said point being the Northwest corner of the tract out of the above referenced tract as described in a deed to Maurice Guidry et ux of record in Volume 11133, Page 197, Deed Records, Tarrant County, Texas, said point being in the Northerly line of Fox Fire Lane; THENCE S. 30-57'-57"E. 60.14 feet along the West line of the last referenced tract to a k" iron set in same at its intersection with the Southerly line of said Fox Fire Lane; THENCE S.890-54'-4011W. 217.47 feet along said Southerly line to a iron set in the West line of the tract described in Volume 6193, Page 70, above referenced, said line being the East line of Lonesome Dove Road; THENCE N.00-37'-30"E. along the East line of said road to a �" iron set at the Northwest corner of the herein described tract and of the last referenced tract 60.0 feet; THENCE N.890-54'-40"E. along the North line of the last referenced tract being the North line of said Fox Fire Lane 212.65 feet to the POINT OF BEGINNING and containing 12,903 square feet _ 0.296 acres. Parcel C BEGINNING at a 5/8" iron found in the South line of Fox Fire Lane, said point being the Northwest corner of Lot 1, Block 1, of Ranch of Lonesome Dove Addition as shown in Cabinet A, Slide 1038, Plat Records, Tarrant County, Texas. THENCE S. 890-54'-4011W. 155.05 feet along the South line of said Fox Fire Lane to a"iron set in same at its intersection with the East line of that portion of the tract described in Volume 6193,. Page 70, described in a deed to Maurice Guidry et ux of record in Volume 11133, Page 197, Plat Records, Tarrant County, Texas. THENCE N.30-57'-57"W. 60.14 feet along the East line of the last referenced tract to a 5/8" iron found at the Northeast corner of the last referenced tract in the North line of said Fox Fire Lane; THENCE N. 890-54'-40"E. 143.80 feet along said North line to a pipe found in same; TH S. 00-06'-5811E. 30.0 feet to a point in the center of said Fox Fire Lane; i 5E-4 i Parcel A & C City of Southlake CC nued EXHIBIT A page 2 TH CE N. 890-54'-40"E. 15.31 feet along the center of said Fox Fire Lane to a point in same for..corner; THENCE S.00-05'-20"E. 30.00 feet to the. POINT OF BEGINNING and ._containing 8,966 square feet = 0.206.acres. (40w, A .�E OF. TF� .WALTER W..WARD / 9'y�°Fgss���•' 7-,3 Amended 1/4/99 11 SURVEYING WARD.COMPANY 5E -p o: eox amass _ FORT WORTH. TEXAS 761,9 0; S maul A a, C EXHIBIT B City of Southlake. O .0 -4 �+ o PARCEL 4 o o FOXFIRE 0 12 903 SF= 0.296 4CS W O Z S89054'40'w 217.47'�17" '2'rs Q O In -G W �\ o �O P v x SCALE 1":100' P �A o POINT OF BEGINNING J� 9{ W g PARCEL4 '0 0 0 W Q W �Z w989054'40"E 212.65 w .; N89°5440 �E I43E0y e p N --FinSiPJ %/ /rZ Z in PARCEL C 0 L4 NE �' C °0 N ,o— Z O 89 66 SF = 0. 2064CS I/fj�r S89054'40"w 155.05 I;POINT OF BEGINNING I PARCEL C II sieves City Of Southlake Vol. 13310, Pg.132 SKETCH TO ACCOMPANY FIELD NOTES FOR'PROPOSED DEDICATION OF FOX FIRE LANE IN THE LEONARD LINCOLN SURVEY, ABSTRACT NO. 981, SITUATED IN TARRANT COUNTY, TEXAS. I,*Walter W. Ward, the undersigned, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this plat is a true and correct representation of a survey made on 3he ground. Registered Professional Land Surveyor No.2014 Date_ 4 MENOEO 1- 4-99 z .......:.. WALTER W. WARD 201a SURYEYtNG 9tio FEss,� 5E-6 WA. RD,>, INC. SU R V /e1A llriellk`Jii� 7sis2-043� Ntwjoin UT;."11 _ Y Tract A S C EXHIBIT B City of Southlake. SCALE 1'*=100' POINT OF BEGINNING PAR CELA Q N89°54'40"E 212.65 W n PARCEL A ^ o FOXFIRE 12903SF=0.296 ACS ti! O Z I �I S 89°54'40'W 217.47 ��4 W 0 C) N �L w o Q,O P P � o O ` O V n n �J� 5R O .It n W W 3 N89054 40'"E 14320� o - r P~ co o ^'r i. a PARCEL C ^ - LANE ° H_ 8966 SF c 0. 206ACS S 89° 5a 40"W 155.05 I Citr of Southlake Voe. 1331O. Pq.132 v I-TPOINT OF BEGINNING PARCEL C SKETCH TO ACCOMPANY FIELD NOTES FOR PROPOSED DEDICATION OF FOX FIRE LANE IN THE LEONARD LINCOLN SURVEY, ABSTRACT NO. 981, SITUATED IN TARRANT COUNTY, TEXAS. I,*Walter W. Ward, the undersigned, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this plat is a true and correct representation of a survey made on he ground. Registered Professional Land Surveyor No.2014 Date_ A NENOEO 1- 4-99 w%LLfER W- --- ' ��. �o•2oi4 5E-7 S tj Fi V�•+� G WARD-M., P.Ojw: $20253 - r..+ w.efh, Teases 76122.0253 '1.ww. f R/ 7► 9R 1-4 R 1 rl City of Southlake, Texas MEMORANDUM January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of contract to Systems Integration, Inc. for the installation of a pump, motor, and electrical switchgear for modifications to the Southlake / Keller Pump Station Action Requested: Staff requests the City Council to award a contract to Systems Integration, Inc. for the installation of a pump, motor, and electrical switchgear to modify the Southlake / Keller Pump Station. Background Information: Upon completion of the required water distribution appurtenances and approval of the Fort Worth water contract and other interlocal agreements, the pump station where these improvements are proposed will be maintained by the City of Fort Worth as part of the North East Tarrant County Regional Water System (NETCRWS). Bids were received on the pump and motor. Council authorized staff to purchase the pump and motor from Smith Pump Company, Inc. in the amount $40,000. Three written quotes were received for the electrical switchgear after no bids were received. Council authorized staff to purchase the switchgear from the supplier with the low written quote. The low quote was from Summit Electrical Supply, Inc in the amount of $36,100. Staff has proceeded with the purchase of the electrical switchgear. Financial Considerations: In the CIP budget, $300,000 was added to the FY98-99 budget year for the Southlake Pump Station modifications. The cost of the equipment, which includes the pump, motor, and electrical switchgear, totals $76,100. The low bid for installation was from Systems Integration, Inc. of Arlington, TX for the amount of $194,670 (see attached bid tabulation). The engineering cost for these improvements is $6,500. Therefore, the total project cost for the pump station improvements is $277,270. As stated previously, the installation and equipment cost will be funded from the 1998-1999 CIP budget. However, under our contract with the City of Keller, the costs associated with improvements to the water 5F-1 04 31 distribution system for Southlake and Keller from Fort Worth will be shared (50150) by each city. Citizen Input / Board Review: Not applicable Legal Review: Not applicable Alternatives: The timing of the project is important to ensure that adequate pumping capacity to the City will be in place for the summer of 1999. Therefore, delaying the installation of the pump, motor, and switchgear could result in mandatory water conservation measures to be initiated this summer. Supporting Documents: Bid Tabulation Staff Recommendation: Staff recommends Council award a contract to Systems Integration, Inc. in the amount of $194,670 for the installation of a pump, motor, and electrical switchgear for modifications to the Southlake / Keller Pump Station. Please place this item on the February 2, 1999 Regular City Council Agenda for City Council review and consideration. 964r� B W/sep Approved for Submittal to City Council: City anager s Office 5F-2 L m Oct w (40.,-j Ca O o Q w Z 0 0 o O O o O 0 O 0 O N Q = fM c Olt (O r` Z O N to CO (O N O) H W Q 69 69 69 69 69 69 69 69 7 x C N U m V-a) O O O O O O O O y0- O~~ w M O O O^ O O o00 U a O Z N M (DN Q O Q UL d 69 6R 69 W. 69 69 69 69 Q W o 0 0 0 o O o 0 Y O Q Z o 0 0 0 0 O 0 O 0 O 0 O C O (00 0 Z 0 M O et (O CO U') N N U m o W � st M y m a X N X Q C-0 H 1 W 69 69 69 69 69 69 69 69 (C �j v O o O o 0 0 0 Cl _c ~ W rn o o - 0 0 0 0 Y N a O Z U M O (,O ao O N N a O CU Q Q.' `- st CO O a 69 69 69 69 69 69 69 69 Q o 0 0 0 o O o O C U Q Z O st IQ(O M G O O Z O v O (O O (O CDf0 d (O C) W �• M d• .- N Q w 69 69 69 69 69 69 69 69 0I O O O O 0 Cl 0) o O O U C O OCN m "' � W t• O � t0 M O 0 M 5 co Z U v o (o M L6 I r` rn N Q Q 69 69 69 69 69 69 69 69 Q w a P: o W ~ Z (n fn Q N CO Q U) (n J J W J J W J J = Z O U O O c c 3 oa > o m UX m Cl) 0( a (n o ai > W E 'aw M O O+ E ao Om >pco Z E a U)p a 0 w O f- a COU 0x o �v O c—a . = ci w L U c i E O O � L .O H a� 3 0 U E U d U N Y y c aci U O a O c �. U @ c N E a. wE c a�ID c :° c c— C CL a- c> .5 w W H x 3 c m Q v, 3 R `o c f6 cCL :r (a d 3 c � w- 0 w o a_ o R u o c 5 c E W ° CO y O a> U� co o (a •C 0 o 'C f0 R '~ N CM M .0 N M W E lC0 N L LO O O N m w L U C tm L c 'p N m cc -0S E Ln -0 CL E cc E W U E a �v c = Q X w cco y ti 3 s 3 (o� = m U U-a ._ o > U- Q > Q O O N M O CO r` oo F- Z (n — 69 M7 I 0 (O .4t O 69 5F-3 City of Southlake, Texas a MEMORANDUM January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 99-03, Calling General Election for May 1, 1999. Action Requested: City Council consideration of the resolution calling the General Election for May 1, 1999. It is a requirement of the Texas Election Code that the election be called before a candidate can file for a place on the ballot. The first day to file is February 15, 1999 therefore, the resolution must be approved at this City Council meeting. Background Information: The Texas Election Code, Section 41.001 specifies that the first Saturday in May shall be a "Uniform Election Date" and that the General Election of the City may be held on that day. By this resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. Other issues in the resolution are to set the early voting hours, setting the date for the official canvass of the election and to designate the date of a runoff election if one should be necessary. I have spoken with Joyce Rogers at the CISD and confirmed that they will be holding their early voting in the "Mayor's office" and that we will hold our election at the Johnson Elementary School as we have for the past several years. The `joint' voting locations are for the benefit and convenience of the voters in the City of Southlake. Election Judge Aloha Payne and Alternate Election Judge Karen Cienki have both agreed to serve in this capacity for the election once again. They have been given the most up-to-date information from the Secretary of State and are well prepared for the election. With this resolution, I have attached information regarding: Available Places on the Ballot; Calendar of Events; Early Voting Schedule; and Information for Early Voting by Mail. If additional information is needed, please let me know. 5G-1 —Y v, wrso olaRV, wAaa 04 Resolution No. 99-03 Calling General Election Page two Legal Review: Staff Recommendation: LIrIVI-97-i This resolution has been reviewed by Analeslie Muncy prior to being submitted for the City Council consideration. Staff recommends City Council approve Resolution No. 99-03, Calling the General Election for May 1, 1999. Approved for Submittal to City Council: cc r City M ffice 5G-2 ' City of Southlake, Texas RESOLUTION NO.99-03 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 1, 1999; DESIGNATING A POLLING PLACE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE -CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUN OFF ELECTION IF NECESSARY;. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a "Uniform Election Date" and that a General Election of a City may be held on such day; and, WHEREAS, state law and the charter of the City of Southlake require that a general election be held ; and, WHEREAS, by this Resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and, WHEREAS, the changes from prior practices may require pre -clearance under the Federal Voting Rights Act; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. GENERAL ELECTION CALLED: A general election shall be held in the City of Southlake, Texas, on Saturday, May 1, 1999, at which the following officers will be elected: COUNCILMEMBER PLACE 1 COUNCILMEMBER PLACE 6 'ection 2. TERM OF OFFICE: In accordance with the City Charter, the candidate for each of SG-3 City of Southlake, Texas Resolution No. 99-03 Calling General Election Page 2 the following offices receiving the majority of votes for such office shall be elected to a three (3) year term beginning May 1, 1999, and ending May, 2002, or until a successor is duly elected and qualified. Section 3. ELIGIBILITY FOR CANDIDACY: In accordance with the City's Charter, no person shall be eligible for the Office of Judge of the Municipal Court, or Councilmember unless he/she is a qualified elector of the City and has resided in the City for at least twelve (12) months preceding the election at which he/she is to be elected. Section 4. APPLICATION FOR A PLACE ON THE BALLOT: In accordance with Section 143.002 of the Code, any eligible and qualified person shall have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 15, 1999, and not later than 5:00 p.m., March 17, 1999. Each such application shall be on a form prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. ELECTION PRECINCTS: In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precincts for all municipal election from and after the effective day of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 401 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3526 Tarrant County Election Precinct No. 3529 Section 6. POLLING PLACE: The polling place for the General Election for all precincts of the City shall be Johnson Elementary School, 1301 North Carroll Avenue, Southlake, Texas.- The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code. (.16-ection 7. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE: G i 5G-4 City of Southlake, Texas Resolution No. 99-03 Calling General Election page 3 The following named individuals, residing at the respective addresses are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: PRESIDING JUDGE: Aloha Payne, 1213 Whispering Lane, Southlake, Texas ALTERNATE JUDGE: Karen Cienki, 803 Shadow Glen Drive, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 8. APPOINTMENT OF CLERKS: The Presiding Judge for the polling place shall appoint Election Clerks as many additional clerks as are necessary for the proper conduct of the election. Provided, however, six (6) clerks shall be the maximum number of clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City. Section 9. COMPENSATION OF THE ELECTION JUDGE AND ELECTION CLERKS: The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 10. METHOD OF VOTING: The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 11. GOVERNING LAW AND QUALIFIED VOTERS: The election shall be held in accordance with the Constitution of the -State of Texas and the Code, and all resident- qualified voters of the City shall be eligible to vote at the election. Section 12. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the lection shall be published twice, no earlier than April, 1, 1999, and no later than April 21, 1999, 5G-5 City of Southlake, Texas Resolution No. 99-03 Calling a General Election page 4 in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 10, 1999, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 1, 1999. Section 13. EARLY VOTING: Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 14, 1999, and continuing through April 27, 1999. Early Voting hours shall include: Wednesday April 14, 19" 8:00 a.m. to 5:00 p.m. Thursday April 15, 1999 8:00 a.m. to 5:00 p.m. Friday April 16, 1999 8:00 a.m. to 5:00 p.m. Saturday April 17, 1999 Closed Sunday April 18, 1999 Closed Monday April 19, 1999 8:00 a.m. to 5:00 p.m. Tuesday April 20, 1999 8:00 a.m, to 5:00 p.m. Wednesday April 21, 1999 8:00 a.m. to 5:00 p.m. Thursday Friday April April 22, 1999 23, 1999 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. Saturday April 24, 1999 8:00 a.m. to 5:00 p.m. Sunday April 25, 1999 Closed Monday April 26, 1999 8:00 a.m. to 5:00 p.m. Tuesday April 27, 1999 8:00 a.m. to 5:00 p.m. Early Voting by personal appearance shall be held at the Office of the City Secretary 1725 East Southlake Boulevard, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 2, 1999 and not later than the close of business on April 13, 1999, if delivered in person, and April 23, 1999 if delivered by mail. Early Voting, both by personal appearance and by mail, shall be by electronic voting machines and shall be canvassed by the Early Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 14 5:00 p.m. C,alection 15 . CANVASSING OF RETURNS: The City Council shall convene on May 4, 1999 at to canvass the returns of the general election. RUNOFF ELECTION: In accordance with Section 2.025 (b) (2) of the Code, in the 5G-6 City of Southlake, Texas Resolution No. 99-03 --Calling a General Election page 5 event no candidate receives a majority of votes for an office, there shall be a runoff election held on June 5, 1999. Section 16. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre -clearance approval for additional length of -the absentee voting period. Section 17. DELIVERY OF RETURNS: In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution -shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City; and one copy of the returns together with the ballot boxes and all election supplies shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 18. NECESSARY ACTIONS: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 19. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 2ND DAY OF FEBRUARY, 1999. CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney (W M:\WP-FILES\ELECTIOMRes-99-03-ELE-1999.DOC 5G-7 - City of Southlake, Texas SOUTHLAKE GENERAL ELECTION (411W MAY 191999 CALENDAR OF EVENTS February 2, 1999 Tuesday Call the General Election to be held on May 1, 1999, during City Council meeting (by Resolution). February 8, 1999 Monday Candidate Information Packet available from City Secretary. February 15, 1999 Monday FIRST DAY FOR FILING APPLICATION FOR PLACE ON THE BALLOT. March 2, 1999 Tuesday First day to apply for mail ballot. March 17, 1999 Wednesday LAST DAY FOR FILING APPLICATION FOR PLACE ON THE BALLOT. March 22, 1999 Monday Last Day for a Regular Write -In Candidate to declare candidacy. C�J March 23, 1999 Tuesday Drawing for order of names on the Ballot. 10:00 a.m. Office of City Secretary. April 14, 1999 Wednesday FIRST DAY FOR EARLY VOTING BY PERSONAL APPEARANCE. April 27, 1999 Tuesday LAST DAY FOR EARLY VOTING BY PERSONAL APPEARANCE. May 1, 1999 Saturday ELECTION DAY May 4, 1999 Tuesday Official Canvass of Election 5:00 p.m. Council Chambers. June 5, 1999 Saturday Runoff Election (if needed). 5G-8 City of Southlake, Texas � CITY OF SOUTHLAKE, TEXAS ,(We, EARLY VOTING SCHEDULE BY MAII, GENERAL ELECTION, MAY 19 1999 CALENDAR FOR EARLY VOTING BY MAIL March 2, 1999 First day for City Secretary to accept applications for early voting ballots by mail. March 17, 1999 City Secretary may begin mailing voting ballots to applicants. April 23, 1999 Last day for City Secretary to accept applications for a ballot to be voted by mail. May 1, 1999 Deadline for receiving the early voting ballots by mail is 7:00 p.m. PROCEDURE FOR VOTING MY MAIL APPLICATION FOR MAIL BALLOT: An application for ballot by mail can be (40W, obtained from the Office of the City Secretary, 1725 East Southlake Boulevard, Southlake, Texas 76092. OFFICIAL FORM NOT REQUIRED: An applicant is not required to use the officially prescribed form, and an informal application will be accepted if the application is in writing, signed by the applicant, and contains the following: ✓ The applicant's name and the address at which the applicant is registered to vote; ✓ For an application for a ballot on the ground of absence from the county of residence, the address outside the applicant's county of residence to which the ballot is to be mailed; ✓ For an applicant applying on the ground of age or disability, the address of the hospital, nursing home, or other long-term care facility, retirement center. If the applicant is living at that address and that address is different from the address at which the applicant is registered to vote; ✓ For an application for a ballot on any ground, an indication of each election for which the applicant is applying for a ballot; and, ✓ An indication of the ground of eligibility for early voting by mail. ✓ An application may be delivered to an applicant by FAX. FOR FURTHER INFORMATION REGARDING VOTING BY ivIAIL, PLEASE CONTACT THE CITY SECRETARY AT 817/481-5581 EXT.704 or FAX 817/329- 5810. 5G-9 City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS EARLY VOTING SCHEDULE GENERAL ELECTION, MAY 19 1999 Early Voting for the General Election to be held on May 1, 1999, will begin on April 14, 1999. The schedule is being provided for the convenience of the voters in Southlake and is listed below. For further information on Early Voting or the General Election, please contact the City Secretary, Sandra L. LeGrand, at 481-5581 extension 704. Early Voting will be held in the Office of the City Secretary at the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas. IN PERSON VOTING SCHEDULE Wednesday April 14, 1999 8:00 a.m. to 5:00 p.m. Thursday April 15, 1999 8:00 a.m. to 5:00 p.m. Friday April 16, 1999 8:00 a.m. to 5:00 p.m. Saturday April 17, 1999 Closed Sunday (4hw April 18, 1999 Closed. Monday April 19, 1999 8:00 a.m. to 5:00 p.m. Tuesday April 20, 1999 8:00 a.m. to 5:00 p.m. Wednesday April 21, 1999 8:00 a.m. to 5:00 p.m. Thursday April 22, 1999 8:00 a.m. to 5:00 p.m. Friday April 23, 1999 8:00 a.m. to 5:00 p.m. Saturday April 24, 1999 8:00 a.m. to 5:00 p.m. Sunday April 25, 1999 Closed Monday April 26, 1999 8:00 a.m. to 5:00 p.m. Tuesday April 27, 1999 8:00 a.m. to 5:00 p.m. Pursuant to Section 85.006 of the Texas Election Code, I, Sandra L. LeGrand, City Secretary do hereby order the hours for early voting as listed above, including, Saturday, April 24, 1999. Sandra L. LeGrand ?�- •�'� M = City Secretary D:\WP-F1LF-S\EAR-V0T-.ELE ij'�•...... 5G-10 wIty v1 wuu 1cana, I WA00 - -- SOUTHLAKE GENERAL ELECTION MAY 1, 1999 AVAILABLE PLACES ON THE BALLOT The first day to file for a place on the ballot for the May 1, 1999 General Election is Monday, February 15, 1999. The last day to file is March 17, 1999 at 5:00 p.m. in the Office of the City Secretary. ✓ COUNCILMEMBER PLACE 1: 3 YEAR TERM CURRENTLY HELD BY W. RALPH EVANS ✓ COUNCILMEMBER PLACE 6: 3 YEAR TERM CURRENTLY HELD BY SCOTT MARTIN If you have additional questions, please do not hesitate to contact the City Secretary, Sandy LeGrand, at 817/481-5581 extension 704. 5G-11 City of Southlake, Texas CITY OF SOUTHAK SPECIAL BOND ELECT MAY 191999 CALENDAR OF EVENTS March 2, 1999 Tuesday Call the Special Election to be held On May 1, 1999. Approve Resolution setting procedures and approve 1" reading of Ordinance. March 2, 1999 Tuesday First day to apply for mail ballot. March 16, 1999 Tuesday Approve 2nd reading of Ordinance Calling the Bond Election. April 14, 1999 Wednesday First Day for Early Voting by Personal Appearance. April 23, 1999 Friday Last Day to receive applications for ballot by mail. April 27, 1999 Tuesday Last Day for Early Voting by Personal Appearance. May 1, 1999 Saturday Election Day May 4, 1999 Tuesday Official Canvass of Election 5:00 p.m. Council Chambers M :\ WP-FILES\ELECTION\B and-Ele-calendar.doc (40, 5G-12 DRAFT L RESOLUTION NO.99- A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY 1, 1999; DESIGNATING A POLLING PLACE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE ELECTION JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS FOR PRE -CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a "Uniform Election Date" and that a Special Election of a City may be held on such day; and, WHEREAS, by this Resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and, WHEREAS, the changes from prior practices may require pre -clearance under the Federal Voting Rights Act; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. SPECIAL ELECTION CALLED A special election shall be held in the City of Southlake, Texas, on Saturday, May 1, 1999, at which the following proposition shall be voted upon: (information to be added when determined) Section 2. ELECTION PRECINCTS In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precincts for all municipal election from and after the effective day of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 401 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 SG-13 Resolution No. 99- Calling Special Election for May 1, 1999 Page 2 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3526 Tarrant County Election Precinct No. 3539 Section 3. POLLING PLACE The polling place for the Special Election for all precincts of the City shall be Johnson Elementary School, 1300 North Carroll Avenue, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code. Section 4. APPOINTMENTS OF ELECTION JUDGE AND ALTERNATE JUDGE The following named individuals, residing at the respective addressed are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: PRESIDING ELECTION JUDGE: Aloha Payne, 1213 Whispering Lane, Southlake, Texas ALTERNATE ELECTION JUDGE: Karen Cienki, 803 Shadow Glen, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this resolution. Section 5. APPOINTMENTS OF CLERKS The Presiding Judge for the polling, place shall appoint Election Clerks and as many additional clerks as are necessary for the proper conduct of the election. Provided, however, six (6) clerks shall be the maximum number of clerks which may be appointed to serve at the polling place. All election clerks shall be qualified voters of the City. Section 6. COMPENSATION OF THE ELECTION JUDGE AND ELECTION CLERKS The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 7. METHOD OF VOTING: The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the Special 5G-14 Resolution No. 99- Calling Special Election for May 1, 1999 Page 3 aw Election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 8. GOVERNING LAW AND QUALIFIED VOTERS The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 9. PUBLICATION AND POSTING OF NOTICE OF ELECTION Notice of the election shall be published twice no earlier than April 1, 1999, and no later than April 21, 1999, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 10, 1999, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 1, 1999. Section 10. EARLY VOTING Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 14, 1999, and continuing through April 27, 1999. Early Voting hours shall include: Wednesday April 14,1999 8:00 a.m. to 5:00 p.m. Thursday April 15,1999 8:00 a.m. to 5:00 p.m. QW Friday April 16,1999 8:00 a.m. to 5:00 p.m. Saturday April 17, 1999 Closed Sunday April 18,1999 Closed Monday April 19,1999 8:00 a.m. to 5:00 p.m. Tuesday April 20,1999 8:00 a.m. to 5:00 p.m. Wednesday April 21, 1999 8:00 a.m. to 5:00 p.m. Thursday April 22, 1999 8:00 a.m. to 5:00 p.m. Friday April 23,1999 8:00 a.m. to 5:00 p.m. Saturday April 24, 1999 8:00 a.m. to 5:00 p.m. Sunday April 25, 1999 Closed Monday April 26,1999 8:00 a.m. to 5:00 p.m. Tuesday April 27,1999 8:00 a.m. to 5:00 p.m. Early Voting by personal appearance shall be held at the Office of the City Secretary, 1725 East Southlake Boulevard, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address, not earlier than March 2, 1999 , and not later than the close of business on April 13, 1999, if delivered in person, and April 23, 1999 if delivered by mail. Early Voting, both by personal appearance and by mail, shall be by electronic voting machines and shall be canvassed by the Early Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the 5G-15 Resolution No. 99- Calling Special Election for May 1, 1999 Page 4 (1hW Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 11. CANVASSING OF RETURNS The City Council shall convene on May 4, 1999 at 5:00 p.m., to canvass the returns of the special election. Section 12. SUBMISSIONS TO THE UNITED STATED JUSTICE DEPARTMENT The City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre- clearance approval for additional length of the absentee voting period. Section 13. DELIVERY OF RETURNS In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City; and one copy of the returns together with the ballot boxes and all election supplies shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 14. NECESSARY ACTIONS The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 15. EFFECTIVE DATE This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 2"d day of MARCH, 1999. ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy iM:\WP-FILES\ELECTION\Special-Ele-Res99-.doc 5G-16 ,J City of Southlake, Texas MEMORANDUM January 15, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution 99-05, Establishing a legislative agenda for the City of Southlake Action Requested: Formal Council action establishing a legislative agenda for the City of Southlake 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. At its January 19, 1999 meeting, the City Council discussed a variety of issues to pursue with the Texas Legislature. At the top of the list was the local option election for wine sales, but other issues were mentioned as well, including issues related to state bidding statutues. Council action on the resolution under consideration will formally establish the issues to pursue with the Texas Legislature during this session. 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. Curtis E. Hawk January 15, 1999 Page Two Legal Review: Alternatives: Supporting Documents: The city attorneys provide assistance putting together proposals, once legislative issues have been identified. Not applicable. Resolution 99-05, Establishing a legislative agenda for the City of Southlake. Staff Recommendation: Staff recommends approval of Resolution 99-05, which formally identifies issues to pursue during the upcoming legislative session. Approved for Submittal to City Counci l: City Manag 's ffice M ,5 J City of Southlake, Texas RESOLUTION NO. 99-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REQUESTING THE STATE LEGISLATURE TO AMEND CERTAIN STATUTES. WHEREAS, the City Council of the City of Southlake through its staff has identified certain provisions of specific state statutes that would better serve the citizens of Southlake if the laws were amended; and, WHEREAS, the specific amendments to statutes would not create any adverse impact on any other communities; NOW THEREFORE BE IT RESOLVED: Section 1. That Chapter 322 of the Texas Tax Code be amended to authorize the Comptroller of Public Accounts to release information concerning the amount of sales tax attributable to the Southlake Crime Control and Prevention District. Section 2. That Chapter 621 of the Texas Transportation Code be amended to authorize municipal police officers in a municipality of more than fifteen thousand population to enforce all weight limitations for a vehicle on a state -maintained public highway. Section 3. That Chapter 251 of the Texas Alcoholic Beverage Code be amended to authorize a city geographically located in more than one county to order a local option to determine whether or not the sale of alcoholic beverages of one or more of the various types and alcoholic contents shall be prohibited or legalized in the City. Section 4. That Chapter 212 Subchapter C of the Texas Local Government Code be amended to authorize a municipality with less than 50,000 inhabitants, without complying with the competitive sealed bidding procedure of Chapter 252 of the LGC, to make a contract with a developer of a subdivision or land in the municipality to construct public improvements, not including a building related to the development. Section 5. That the City Manager contact the members of the State Legislature and take all steps necessary to propose the above amendments to the state statute. PASSED AND APPROVED ON THIS DAY OF .1999. ATTEST: Sandra L. LeGrand City Secretary N:\WD-FRFS\AESOLLFM99-M - kgislad..dm/kb Mayor Rick Stacy 5*_4 City of Southlake, Texas MEMORANDUM CW January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 734, 1st Reading, Approving Rate Schedules for Texas Utilities Electric Company Action Requested: City Council approval of Ordinance No. 734 on first reading. Background Information: The City of Southlake received an application for approval of a "time of use" rate option for TU Electric Company customers. The program is intended to allow participating customers (the program is strictly voluntary) to plan and manage their energy usage to shift their loads from peak to off-peak periods. A detailed description of the proposed time -of - use rate option is attached to this memo. Financial Considerations: Given the pricing period structure, i.e., the lower unit cost per kW hour during non -peak months and hours of the day, it is not anticipated that this rate structure will have mass appeal. However, should the program attract a high number of TU customers, it is conceivable that it could affect the City's franchise fee collection which is based on 4 % of the company's gross receipts. Citizen Input/ Board Review: There has been no Southlake citizen or board review of this item; however, a consortium of city representatives which exists to monitor utility rate activities, has reviewed the application. The consortium successfully affected changes to the ordinance proposed by TU. The revised ordinance is being forwarded for Council consideration. Legal Review: The original TU proposal was reviewed by City Attorney Analeslie Muncy. The revised ordinance was provided to consortium cities by the Arlington City Attorney on Friday morning. Although we do not yet have her comments on the new ordinance, she will review it and suggest changes (if needed) before second reading. Alternatives: The City Council may: 1) approve the rate case by ordinance on two readings; 2) deny the rate case, moving it forward to the Public Utilities Commission; or 3) suspend action on the rate case, allowing Council (400, more time to study the issue. Curtis E. Hawk, City Manager January 29, 1999 Page Two Supporting Documents: Staff Recommendation: Ordinance No. 734 Time -Of -Use Rate Summary, January 1999 Staff recommends approval of Ordinance 734 on first reading. Approved for Submittal to City Council: (..' City M e ice 24 (w OMBUNCZ Na %3 (Aw Altill INN, M;iJr M. 'C;ar ;•'•►'1• i:J1 ,IJI 11'Ift •;' �,: r t 1J1► :t M� • •,' :1: ✓till f SECrM I. On Immy 15, 0", Taxis Utilities Fleur Campao9 referred to as'flJ E tic') HW with the GoIp Body of *is naaiaEpmW a Stmmcac of Iameat wd Appiication to implera = whhin the oorporaee Mft of do may Proposed ww me scbedeilee that provide addit omad rate optim for im autoas asr which opdm we eati * vim► an the Pita of the rain, ==O in proposed Rate MU-M al Service T�-Uw.Mw"P ty, proposed Bite RTU1 Rgidontisl Time-off-Ums & vice - Mum ►, and proposed Baca Ci'I UC-M-G� Service Timo-of-Use Vakm "CwWhbl- Mnnicipality (said three pmpowd nm rate schs&, es hefahwi}w aollectivioly re%mW tow tin "TimaofUsc Rate Schedules''. SECTION Z. The Tn>e-OFT-Im Rats Schedules are bmvby approved, and TU Elecft u sAarized to rmiw mvies and to as sinsaed in the rnmp-o&Un Rafe SOIIOd AIM f1tOrlQ As to recdve dat tric sei%im under said Time -of -Um Raw ScheI wkhin the f,otparsme limift of tilts muds ipafity Una ttueb time as said raft sebsdulat: may be abound, mots ed, nmaaded or whh& wn with the approval of the Giminning Body of this asmicipa ft. SEC'f'1[ON I The Tim"Mse Rate S&aules hmm approved shah be efi'ec tm &otm and Aaw the final passage and appmval of this OrIfinamm SECTION 4. The filing of said Timm -a -Um Rate 3ched dw dial! oo Idaxe wtft to the COUNUMI of electricity within its mumcip rq of the avaiabrlity and Roiczfm of each 7ua0-09Use Rate SchOMM SEG'TTON S. TU Maur shall aft w4A any addldooal tare or sumhwv mecdtaniam to recover any ftvam= lost on account of the =Wicatim of these dmo4f un rater, and tha* shall be na immad rcvmm on account of my wo&mdm in TU Electric's revemAs tlmt may result from the application of these time -of -use rates. 3"-'r-3 C SEC'hON & Mw snw rsdvo&m by the ftAic L%iWy Ceamb" of Tie in Docket M. 18490 " be aped to do Uxoa&m raft approved haesin, amb tint )Rider BBb shall be Vpfiable to Rats RM1 b4 Ridw MD"be applied ID s11 arstasosss tabmg =oadary service wader aithw Bane GTLT-M designated as G'TLLM- C or undler lift GTUC.M deligeeted w GY C-M M and Rider RD shsll be applied to all other customas on I= GTOM or lift GTUC-i . SECMN 7. In its Hatt awasi base rate � in which the time af-4ne rates herein apQrovrd Ke at issue, TU Fleolao will either (a) iachrde 411 wsaom s Ulm* sarvioe ceder Este GT W a GI UC-M du % So fast yw avolved in mach base rase met as a , ; w , - site claw is its cost aao"on sandy, a (b) isdado in its we Aoation study the load mW nvearre data WUCAbk to each GTUC et GTUGM costumer tsimag =vim nods Rate f" X or GTMM dating the test year iwialmW in such bast raft esse with the bad and revmw data of the =w class applicable to such Ox or GIVGM aatomw immediateb prior to such wstcswes tda% servios vodw Rate GTM or GTiJGM b tba vveny hawavw, bast hWusay reotrackning is mso&ud by legislative Chown ptiot to the alma that TU Electric has aw&w gmwd base rate wee sad sash leglslat M authorims the recovery by TU Elootrio of any sensed 1 costs &= M vWWO wstww classes in saetdanoe avhh its last sppmved cost of sav= study, the camtamets then receiving service under the tiawd-u a rates vA be hwfudod in the cwtomw dames MfiecMed in TU VacM 's moat recent cost of service study as follows. (A) Custom= on Bate RTU1 M shell be included in Rate Gass RTU; (B) Cwstomers on Rue OrU-M " be iadwdad is Rye Class HV. M or K depending vim the voltagt leval of the serviM such that customers on JUft GrU-M teoeivigg service at huh wfta shill be included m Ram Chas BV, catomsrs rao*A* serviov at prWmq &str%ufkm wit" sW to indu&W in Rate Class OP, sad CU1601 rs reoOMM service at secondary ftftbubw vrkagas shall be included in Rate Class CA; and (C) Qwu mws on 14" GTUCM shall be iwluded in Rate Class M Q**aod Idle) depending upon the voltage level of the smIM, such that ouster M on Rate &TUC-M receiving service st NO vul�ges "I be i=WW in Rwte Class M OMP Vobvj cvsa e= oe Rate MUC-M r+w&h* savice at primacy di on voltages shall be included m Rato W (Mmsry), and Owomers on Zit GnXM remk&g service at wwndary dim vohages shall be included in Rate NI (Secondary). SFd,"ITON S. Nothing in this Ordinance oo "vad shall be conaraW now or hereafter as limitusg or modifjring in nay maaocr the right and power of the Govwnft Body of this municipality under the law to regulate the rates, opaytians, and services of TU Electric. -WrTM 9. It is hereby officially found and detawined that the meeting at which this Ordiaame is passed is upon m the public sad as re pkW by lea and that public notice of the Place, and purpose of said moodg was given as requited, -, — d7" ci4�3 Z, l"i + �kM! «.. PASUD AND APPROVED at a lR@Sdr Uod bW of de City of the MY of _ , TOcK on this dro day of 1999. Maw Jul -s TIME -OF -USE RATE SUMMARY TO SOUTHLAKE, TEXAS January, 1999 I would like to tell you about our request for approval of voluntary time -of -use rate options for our customers within your City. The idea for these rates actually came from our customers. Company personnel worked with several of our customers in designing these rates, which will allow customers who have the ability to shift some of their electric usage away from our peak periods to save money on their electric bills. We have already requested approval of these rates at the Public Utility Commission and they are in effect on an interim basis in the areas in which the Commission exercises original jurisdiction. We're expecting the Commission's final approval of these rates in the next couple of months or so. We'd like to also begin offering our customers in Southlake the benefits of these time -of -use rate options. Since these rates are purely optional on the part of the customer, only those customers who would expect to be able to save money on their electric bills will likely take advantage of these options. Now, why would TU Electric offer ways for a customer to pay less for electricity? The answer is simple and straightforward. If customers take advantage of these rates and save money on their bills, this means that those customers will place less demands on our system during our peak hours. This, in turn, means that L�e won't have to buyas much electric power to serve our customers' peak P _ load requirements, which allows us to save money overall. And those savings not only benefit TU Electric, but they also benefit all of our customers. These time -of -use rates price electricity according to the time of the year. There are four different pricing periods, with the lowest price being during the periods when demand for electricity is the lowest, and, consequently, the cost to produce electricity is also the lowest (CHART 1). As you'd expect, the highest price is applicable during those afternoon and early evening hours of our hot summer weekdays, when our cost of electricity is at its highest. Those customers who can shift significant portions of their electric usage away from those higher -priced periods can save money. These time -of -use rates allow customers flexibility in controlling their energy costs. aw The three time -of -use rates being proposed are: 1. Rate GTU-M (General Service Time -of -Use - Municipality), which is applicable to customers that are otherwise eligible for service under the Company's existing general service rates (i.e., GS, GP and HV); 2. Rate RTU1-M (Residential Time -of -Use Service - Municipality), which is applicable to residential customers who are otherwise eligible for service under existing Rate R or Rate RTU; and 3. Rate GTUC-M (General Service Time -of -Use Voluntary Curtailable - Municipality), which is applicable to those QW general service customers eligible for Rate GTU-M that are willingto voluntarily curtail their loads when the peak demand Y on the system is 95% or more of the estimated peak demand and during times of short supply conditions. The time -of -use options are a "win -win" for all of our customers and for all of our communities that rely on businesses for jobs and investment (CHART 2). By having this opportunity to experience cost savings and operating efficiencies through better management of their power needs, businesses will be able to remain more competitive. This in turn results in the potential for greater economic development opportunities for our communities and more value for the customers' energy dollar. We would like to begin achieving peak load savings for this coming summer. But to do so, we'll need your quick approval of these additional rate options, so we can begin contacting our customers and exploring with them how they can take steps to shift electric loads away from our peak periods and, thereby, save money on their electric bills -- so that all of us can save. �,51 - 017 (40, A Z Q a 2 O V Ia1 LJ f.L. V w w U) w_ F— r U) VQ w 0 E v/ O a O L. a c� 'La a Lo V 0 L N L O t t N G� a O Q O O Q a Q CO N Q Q Oo N 0 .�- 0 N IN O N O O O N O M 06 06 06 a� N N Q qT N O N Y >N O 1 O 1 000 _ O 1 0 O N 04 N p C O O O N N _ M N Z Z Z 0 0 06 a Q Q o Oco 0 N O O N a� > > 0 o V N N O Q Q Q Q Z Z Z Z O d O o N aYi � Z Z Z o o v N C O � U C 06 Q QOz L wa U (D E O °� � L n � Q cn ' C �Q co O 0 (A O • >+ cc E — V' O °� o Q W = = 4- 0 z •— W W •— y-- Z .. W ° •v O O cn m a a� W O a) °' E V L. E �. CO_ O a� E O O LL L C — V O •- � L .� E 0 W Q FM ,� O Rt > v 0 L i .> = V O (� V W W 1.51^—/D e a City of Southlake, Texas L STAFF REPORT - January 29, 1999 CASE NO: ZA 98-156 PROJECT: Ordinance No. 480-297 / Second 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 1C2 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. %I 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). One hundred fifty-five (155) 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). `1 A-Z City of Southlake, Texas • Martha E. Horton, 32.0 - 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). IR-3 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). A second response was received from Ms. Parnell on January 19, 1999. See attached letter. A response was also received from Ryan and Stephanie Parnell, Ages 7 and 9, "Tom Thumb is our favorite store! They have the best cookies, and they have real kids sized shopping carts! We LOVE Tom Thumb!" (Received January 19, 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, 15021rion 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 Cw, favor. See attached letter. (Received January 15, 1999). 9 A-4 City of Southlake, Texas • 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). • 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 Creek, 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). "Tom Thumb will be an excellent anchor tenant that will attract customers to neighboring tenants & businesses." 14-6 City of Southlake, Texas • 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). • Kathleen Zidell, 709 Kleberg Ct, Southlake, TX, in favor, "Need grocery store close by!" (Received January 15, 1999). • 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 Zitnil; 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 to 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, 7121nivood 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). 3- 6 City of Southlake, Texas • 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). • 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). • Shawna 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). %7 City of Southlake, Texas • 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 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). • Jeff Massey, 1200 Kimball, Southlake, TX, in favor. (Received January 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. Eckerd'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 years ago." (Received January 15, 1999). gyp• 16 City of Southlake, Texas • 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 -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 tenants to proceed with the zoning change." (Received January 15, 1999). • Sean Cerone, 100 W. Southlake Blvd, 9340, 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). • Jane 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." • Corinne and Steve Skeels, 605 Briarridge Road, Southlake, TX, in favor, "It's a great idea to get Tom Thumb in where the old Food Lion was. We've been herein Oak Hill, just north of the abandoned Food Lion for almost 6 years. Please get a supermarket there!" (Received January 18, 1999). • Brad Cavnar, Chairperson Elect, Southlake Chamber of Commerce, PO Box 92668, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). • Tamara A. McMillan, 1023 Mission Drive, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). • Richard and Janice Agin, 718 Nettleton Dr, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). Wq Vity UI JVUltlldKe, IeXdS • D. Jackson Chaney, 1411 - Brighton Court, Southlake, TX, in favor, "I want to express my desire for the city to work out its problems with the Tom Thumb developer." (Received January 19, 1999). • Vonda Daugherty, 802 Brazos Dr, Southlake, TX, in favor, "I have lived here for 4 1/2 years - this is an eyesore, and I would like to shop at Tom Thumb." (Received January 19, 1999). • -Betty Blunt, 402 Sheffield Dr, Southlake, TX, in favor, "Would be handy & convient to have for Southlake." (Received January 19, 1999). • Shelli A. Locativo, 660 Briarridge Rd, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). Howard and Melanie Sanders, 1000 Lakewood Dr, Southlake, TX, in favor. (Received January 19, 1999). • Donna Braun, 950 Lakewood, Southlake, TX, in favor, "help lower our tax burden, more convenient shopping in a nice store." (Received January 19, 1999). • Stan Braun, 950 Lakewood Dr, Southlake, TX, in favor, "increase tax base for the city." (Received January 19, 1999). • Sam R. Fryer, Jr. 900 Lakewood Dr, Southlake, TX, in favor, "convince, also increase tax base." (Received January 19, 1999). Carol J. Fryer, 900 Lakewood Dr, Southlake, TX, in favor, "convenience, tax base, improves the advantages of living in Southlake." (Received January 19, 1999). • Matthew J. Byerly, 1107 Versaille Ct, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). • Sheri Hildreth, 100 6Vendover Ct, Southlake, TV,, in favor, "putting in Tom Thumb @ 1709 and Whites Chapel." (Received January 19, 1999). • Mary Ann Sturgis, 1212 Scenic Dr, Southlake, TX in favor, "I think it would be great for me & my family for shopping. I've always loved Tom Thumb." (Received January 19, 1999). • E. Manhart, 905 Emerald Blvd, Southlake, TX, in favor, "love to shop at home (Southlake.)" (Received January 19, 1999). • Georgia Eddleman, 801 Saratoga Dr, Southlake, TX, in favor, "We need a Tom Thumb in Southlake because it is very inconvenient to drive to Grapevine to go to Tom Thumb." (Received January 19, 1999). • Brian Eddleman, 801 Saratoga Dr, Southlake, TX, in favor, "Tom Thumb is better than Kroger!" (Received January 19, 1999). • A.R. Vagelzant, 903 Dowling, Southlake, Tx, in favor, "because we need upscale grocery." (Received January 19, 1999). W i0 City of Southlake, Texas • David T. Yelton, 1346 Lakeview, Southlake, TX, in favor, "tax revenue advantages for city & to fuel growth for other businesses in the center." (Received January 19, 1999). • Pam Vitale, 1003 Brazos Dr, in favor, "As a homeowner I am tired of the empty Food Lion and feel that the whole shopping center will be empty if it isn't approved." (Received January 19, 1999). • Robert S. Pollard, M.D., 500 N. Peytonville Rd, Southlake, TX, in favor. (Received January 19, 1999). • Deryl Brown, 400 Oxford Ct, Southlake, TX, in favor, "appearance, business, shopping." (Received January 19, 1999). • John Corrigan, 103 Regent Ct, Southlake, TX, in favor. (Received January 19, 1999). • Rae Ellen Francis, 1302 Pecos Dr, Southlake, TX, in favor, "Give me a break - finally a decent store wants to fill in this eyesore and you're giving them a hard time. We've been waiting for 5 years for this. If you want to go after someone try Remax and their BIG sign and the Walmart Store. We've got to be realistic and work with what we have." (Received January 19, 1999). • Leon Horowitz, M.D., 600 Regency Crossing, Southlake, TX, in favor, "We want the Tom Thumb Superstore. 1. Good tax base for Southlake 2. Good use of property 3. Good for growing residential population." (Received January 19, 1999). • Diana Beck, 1301 Avon Terrace, Southlake, TX, in favor, "tax base, need better shopping, jobs." (Received January 19, 1999) • Janice Tannahill, 1310 Bent Trail Circle, Southlake, TX, in favor, "Convenience, in need of upscale, quality food because I enjoy gourmet cooking." (Received January 19, 1999). • Alix Novack, 1303 Avon Terrace, Southlake, TX, in favor, "Southlake needs a 'decent' store. I am tired of driving to N. Dallas." (Received January 19, 1999). • Larry Daugherty, 802 Brazos, Southlake, TX, in favor, "What else are you going to do with the property? A quali1y Tom Thumb is an excellent choice!" (Received January 19, 1999). • Terri R. Veldman, 505 Timber Lake Way, Southlake, TX, in favor, "Tom Thumb in the property on White's Chapel and Hwy. 1709 for convince." (Received January 19, 1999). • Alyson Smith, 808 Shorecrest Dr, Southlake, TX, in favor. (Received January 19, 1999). • Chris Brewer, 1906 Water Lily Dr, Southlake, TX, in favor. (Received January 19, 1999). • Kim Baucher, 432 Durrand Oak Dr, Keller, TX, in favor. (Received January 19, 1999). 9A-11 %,ny of aouiniaKe, i exas • Renee H. McCall, 1790 Kingswood, Southlake, TX, in favor. �► (Received January 19, 1999). • Tina Poucher, 1032 Diamond Blvd, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). • Peggy Jean Rahall, 1505 Cedar Ct, Southlake, TX, in favor, "We need another grocery store & this vacant property is ppreposterous" (Received January 19, 1999). • -Ray Williamson, 479 Highland, Southlake, TX, in favor, "because we need this quality food store in Southlake not Grapevine." (Received January 19, 1999). • Jon Chaney, 601 N. Park Blvd. 92509, Grapvevine, TX, in favor. (Received January 19, 1999). • Janet Noonan, 814 Shorecrest Dr, Southlake, TX, in favor. (Received January 19, 1999). • Larry Mudd, 104 Clear Lake Ct, Southlake, TX, in favor, "convenience." (Received January 19, 1999). • Robbie -Sue Mudd, 104 Clear Lake Ct, Southlake, TX, in favor, "convenience & filling the current abandoned space." (Received January 19, 1999). • Robert D. Mueller, 1085 Highland Oaks Dr, Southlake, TX, in favor, "We need it." (Received January 19, 1999). Malora J. Nimergood, 1305 Plantation Dr, Southlake, TX, in favor. (Received January 19, 1999). • Marilyn McNamara, 700 Oak Hill Dr, Southlake, TX, in favor, "Convenience of store - looked at empty store too long." (Received January 19, 1999). • Jayne Smith, 716 Inwood Dr, Southlake, TX, in favor, "I want the Tom Thumb." (Received January 19, 1999). • Keith Evans, 807Independence Pkwy, Southlake, TX, in favor. (Received January 19, 1999). • Sally Labinski, 616 Regency Crossing, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). • E. Trewhitt, 1560 Bentcreek Dr, Southlake, TX, in favor, "convenient for shopping." (Received January 19, 1999). • Kate Huskinson, 585 Oak Hill Dr, Southlake, TX, in favor, "The area is going downhill and the premises have remained empty for approx. 3 years. Currently I shop in Grapevine & would rather spend my money in Southlake." (Received January 19, 1999). • Elizabeth Ann Finkley, 101 Parkcrest Dr, Southlake, TX, in favor, "Tom Thumb would be a good addition to the area." (Received January 19, 1999). • Marilyn McNamara, 700 Oak Hill Dr, Southlake, TX, in favor, "convenience of store - looked at empty store too long." (Received January 19, 1999). r1A-12) City of Southlake, Texas - • Brian Zaher, 2600 Parker Court, Southlake, TX, in favor. (Received January 19, 1999). • Tam Ann Higgins, 1611 Mockingbird Ln, Southlake, TX, in favor. (Received January 19, 1999). • Danny Beck; 1301 Avon Terrace, Southlake, TX, in favor, "tax base. a need for better shopping." (Received January 19, 1999). • -Richard Sherwood, 400 Bayou Vista, Southlake, in favor. (Received January 19, 1999). Seven (7) 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). Kevin McDermott, in favor. See attached letter. (Received January 18, 1999). • Chris Zapatka, in favor. See attached letter. (Received January 19, 1999). • Karol Welsh, in favor. See attached letter. (Received January 19, 1999). Eleven (11) form letters to "Save the Tom Thumb" were received on January 19, 1999. In favor. A petition, with four hundred ninety-four (494) signatures, was received on January 15, 1999, in favor. Due to the length of this petition it was not attached to the packet. Two (2) petitions from Northeast Tarrant Tennis with thirty-one (31) signatures, was received on January 19, 1999. In favor. See attached. A petition, with three hundred sixty-eight (368) signatures, was received on January 19, 1999, in favor. Due to the length of this petition it was not attached to the packet. P&Z ACTION: January 7, 1999; Denied (4-2). COUNCIL ACTION: January 19, 1999; Approved (7-0) First Reading subject to subject to Review Summary No. 2, dated January 15, 1999, granting the following exceptions, on Items: • # 1 a and # 1 b, allowing bufferyards as shown, placing required plantings elsewhere on site or in Bicentennial Park; 9A-13 City of Southlake, Texas • # 1 c 1, allowing the existing parking spaces in the required 20' kw bufferyard along FM 1709 as shown; 1c2, allowing existing fire lane along west line of Lot 2R1 to encroach into the required 5' Bufferyard `A' as shown; and 10, allowing parking along the west line of Lot 2R1 to encroach into the required 10' Bufferyard `B' as shown; • #2a, allowing driveway spacings as shown and #2b, allowing stacking depths as shown; • #3, requiring that additional cedars be planted in the no disturbance zone at the northeast corner of the site in lieu of the required 10' screening wall; • #4a, allowing 350 parking spaces instead of the required 514 parking spaces and #4b, allowing the off -site parking and pavements shown on the west side of the site and accepting the applicant's commitment that these spaces be constructed with grasscrete; • #6, allowing the impervious coverage, compact car parking along the common property line with the Texaco station and additional parking islands as shown on a landscaping exhibit presented during the meeting; • #7b, accepting the articulation as discussed during the meeting. (Applicant agreed to meet all the vertical articulations shown to be deficient on the articulation chart and will meet the horizontal articulation on the south wall of Tom Thumb Building and the north and south walls of the Strip Retail Building. Variances will be granted for the following horizontal articulations: north, west and east sides of the Tom Thumb Building with the canopies, pilasters, and other design features discussed during the meeting and the east and west sides of the Strip Retail Building as discussed in the meeting); • accepting the applicant's commitment to maintain the landscaping for perpetuity; • allowing the applicant's engineers and city engineers to work together on the appropriate length and width of a right turn lane (and its transition) along White Chapel Blvd.; and • accepting the applicant's commitment to appropriately shield exterior lighting. 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 constituted the need for rezoning of the entire Tom Thumb Center property boundary. The submittal was revised such that only the 9R-W City of Southlake, Texas 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. 3, dated January 29, 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\98-156ZS.WPD 94-15 r%:&.. _i [N _..aLl_I__ T .+I&r vl v%JU I I Q c, Ivnaa 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 A16 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 -is -what- 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 2R1), 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) hat 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' `lA•11 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 (6m, I A-12 Jare_i3-99 i7-79n P_07 Dntiin �Tnnwc Rio Fox Glenn 5outhlake, TX 76092 817-481-2610 vw.lw.i f 10 -- nliaicc City Councii members City of Southiake, 667 lei. Carroll Ave. 50uthlake, TX 76092 Dear Council: W = w wn ea 1--. I In. Intl N 11111 llftlr i i Mull uul w 1 AFF&E OF Crff SEA1 AW I am writing to let you know how stronoiy the citizens of So�lthlnke ore_ rn+_ntinn nn n e•n,e.. lnaiority vote to npnrove the Tons Thl►n+h site nlnn ne . r 4monfw +� T ron trill nrr+i+T.t "C..L. a J . Ir J••vr t"O-j ♦:crrrii 0065 no meel 611 of TOQars �r•ii�lf irw w....i. ` ••�ia..•i�� ...r •1 .J_� r t aL_ AL__ _ 1 , , -i w� +�• o+M r+:•. �+ ••�s r,.., 1—+mil Ir/c Irlr-r.�'n'wnin vla impervious -ni%o wv npr IM&RRj ails %II T/rs ifrO,ST and hopefully as our c L •c� Icu vl 1 I\.Iu1-1.7, YOU QFt in TOUCn enough with the general citizenry to realize these things uv iniT nrtJ i i u- i o Tncm c►Ther, m iiils pgN�1Cf/!Q/' NlfltMfJC1f!. what DOES matter to me and e n i vtryo e with whom I hove 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 approval of this site plan would not h.. in +ho he_+ in+e—c+ oc South lake, nor would it show that the peanle hove hewn hwna.d whereby the bending of rules far the .111n+wr AAM _f 4-6- .om �,....:+..: � - �• 7- w++•• J •S c�aii.I iuI wIV �nVL14 be exercised. sr�e�..a�.d w • •J YIiJ 1 r Or Our Cvl;wuinll. r yr vvi l fq 7 CJ TO Tne 1 om 1 numb site plan as r.. �.w...rev. Sincerely. Robin Jones Board Member Parks d Recreation S.P.O.C. L RFGD 1AN '_ 3'1999 _l,rs_ l '2-4q l 7 - 7a9:1 P _ n C-...l.a I f2.ww.I vr+�rv� n: ent: To: Subject: i o Whom it May Concern: C'_cannaco7(nlanl rnm WP(Iripstiay ,lantinry 7_i. iQQQ 1n•ni Am slearandOci southlake.tx im (no subiect) I writ ild like }n rPnietar my vnta to rn,t fho Now TN, Thy imh .,rn. n-, ofv.o eti� Shopping center at the corner of White's Chapel: r � vvv ' It is my understanding that several of the existing tenants moved out solely for ii,e purpose of accommodating Tom Thumb, and it would be ridiculous at this Point :~c re4sOn. for was Nockev� "t a "u, �wii i uUy.tilt: i'+ nyCouncii It would also be a very convenient spot to shop in Southlake The Tom Thumb company's one of the highest grade grocery chains in our area, and I am Leridiri tiiat t' ley WOUW keeN tue yuoi,ty of ine center ai ine hiynest ievei_ Pleases rrnlnt my vn1P PQR the now Trim Thiemh in cn,�ihl�4o Sincerely, Susan Pace Souiniake Resident I1 U1 �' I II 111f 1 101 141,Y i i _4_ Hut L �y) "I I b"CRETAny l 1999 rjR-20 Sandra LeGrand Fr CameraAl@aol.com Thursday, January 14, 1999 5:36 PM slegrand@ci.southlake.tx.us Subject: Tom Thumb Store Dear City Council: I have lived in Southlake since 1991. Crossroads Square was the first 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? Are you. 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 jeopardize other businesses. Vote this issue on its own merits. L L i JM 14 IN G, OFFICE OF Cf7Y SECRETARY RECIJ JAN 1510-09 Sandra LeGrand -gym: COvelgonne@aol.com Thursday, January 14, 1999 5:35 PNI 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 Thumb grocery store at the Crossroads Square Shopping Center. We believe that Tom Thumb will do a great job in renovating the property site, 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 Chlake, Texas 76092 488-6415 L .uu OFFICE OF Cgy SECRETARY RECD JAN 151999 1 qa'22 a n� sanc*2 1 ar.mnti 'n: B 1 PARNELL(Maol.com snt. Friday. January 15. 1999 10:24 AM (`1 r'; To: SLegrandQ_)Cl.Southlake.TX.US 1101r-U-1_9, U R 1� I"1 Subject: WE WANT THOM THUMB1!!!1!!!!1!1!!l!!!!!ll!ll1 11 A 1 1111 111111 AAA r I1111 _. 1 11 1 UGAi CI(y V(JUiIGtl [viCmp@r$: Please Vote to Save the Thom Thumb Project. L OFFICE OF CRY SFr~,. I �+ As a citizen of 5outhiake i feel that putting the Thom Thumb store in to u'c vid C'4 1 ,— I..--6s__ ld I.. J- 94.1 Tom_• �_�-;_- -- V\.P lI�R1 , %A VO ti VI NC11 V1. I IIOI Jl l�/�,/)JU iy Cut Iml IIdS looked like a Ghnst town for almngt F vware 1 gt'¢ wrxk nt It tho riia -%dc aru+ have a wonderful store with excellent customer and community relations move it there and make our community better. As far as I am concerned Thom Thumb is irle ipest grw r in the uaiiasirt.'vvodh market. And i wouid iove to have one close v^cL'y. h t- ch-- 3t ^3:; o ,. !ar basis. Thanks for vour consideration about this orniect Gail Parnell •^ A -_ ' T__.- I 1 V MSt•V, LN 1YC CevYthlakP Tavae 7rnQ7 817-424-1239 REC'p JFN 191999 1q 23 .1 The following form may be filled out and mailed to the City of Southlalce,Plannind and Zoning Co of in 667 North Carroll Avenue, SouthUe, Texas, 76092. Wy REFERENCE NO.: ZA 98-156 I am C(favor o ls,ppQWd .W h,.,.io..:a .,,_ _.) the request for the following reasons: (Please Print N PHONE: U l 74 l �� �� RECD JAN 151999 The following form may be filled out and mai ed the City of Southlake, Planning and Zo.---.�______� 667 North Carroll Avenue, Southlake, Texas, 76092. REFERENCE NO.. I afn (in favor of) ('opposed toabout) FF ) (undecided a;,b out) the request for the following reasons:: SIGNATURE: (Please Print ADDRESS: (aw, 1 RECD JAN 151999 rM-Z6 t Ile following form may be filled out and mailed to the City of Southlake, Plannin and Zo�'�~� 667 North Carroll Avenue, Southlak Texas, 8 Cotntaisston, e, xas, 76092. REFERENCE NO.: ZAP (w _i [am (in f� avoa r o f) (opposed to) (undecided about) the request for the following reasons-.-::::::-: SIGNATURE: (Please Print Name) I ' ADDRESS: PHONE: �- - ✓fir / �+I i %�-c_.�?, ii�C�Z�� 1`-� �j!""L`�-�— Pin JAN 151999 .y; ... ................. . of Southlake;-Planning and Zoning Oamg Comm mion, 667 North Carroll Avenue, Southlake, Te-as, 76091 REFER--,'4CE NO.. Z _A 2L- L2- _6 1 ann favor c�) (opposed co) (Lmdlecidedagout) d. e request fbr th t 0 %;":L M 2 L'eaS 0 ELi L SIGNATURE:_. -li( (P!ea.se Print Niame) .A.DDR,7--SS: cl -7 PHONNE: ......... / "ru Ld �j L La C� 7 V'I IA-27 Thefollo ._._.. _ __..__..._.. ...__.........._.�._...._. - wtng form may be filled out and mailed to the City of Southlaice, Planning and Zoning orn�issio 667 North Carroll Avenue, Southlake, Texas, 76092. Q' REFERENCE NO.. ZA 9 -156 _ [am in favor or (opposed to) (undecided about) t.':e request for ti:e following reasoas: ---j y ' � c.. - c 1 �� _ .nru`> l:� -: 1- � r----,� r � • e -..--c. tiz.-,-..- C_ � J \..l— J (Please Print Name)_ PEIOtiE: - 1 -7 Gc 31 ?�-28 REM ,BAN 151999 f. The following form may be filled out and mailed to the City 667 North Carroll Avenue, SouddAe, Texas, 76092. REFERENCE NO.: ZA 98-156 I am avor of) (opposed to) (undecided about) the request for the following W►ter- 4#q QX&AW ?'eA44t- I'o% I*C C.vss.fl..�4 -C," .. - 4 Cf R im 15S991 FFICE OF CITY SECRETARY • , , �T uv s rticv/f �c,c r-o .rt rytic,,s1k�t, SIGNATURE: (Please Print Name) ADDRESS: 610 Lt/. aryl IZI �-C yo PHONE: g� 7 �i Z (` Z 13� 7 / a R u in ire c - er�.} >� h.t h h cwr cfa3 s W7 , -li k 7-* c ��ra3s>ao s�f / -S� u �3 �vt u f�/ ��'►e cezr fc-,. �c ..!f' 13 /i9 f&Vz-s fjW try �t�n2 a /� kn—z/�•..n�tJ 4 h�rc.0 1"e f-e F% c.e yr ft-.-' a0-.% 411 u� 61 Kf �;� x'�1''Lr �c �.( K• � Tn lV /L P �t�Cf r vt CSS C"r r j3 / /%'� � f� /% 4 /`-�y � f7Z3 f fi�i fT,2�5 � � C.� %�yw� �✓/kc �Cyt—+�' 2,CM CILL / NL_ a nv Jamiary IS 144O W. IN rumondson �ou(hlake City Council, Place 4 mots riantation Drive Southiake, 1-exas 76092 Dear Debra, The Southlake Chamher of (•n..,n,.. Southlake Chamber of Commerce P.U. Box 92668. Southlake. Teas 7t.)091 Metro (81 /; 481 82(x) Fax (b 17) 320- /407 nn yu "Illy � �... 5 I40o t L,�) J r J£f gFTARYA ,Y/ -- - \,{„ ilu, rcuonsruermion be given to the original nrclnncal for C'rn55r^-4,. c., ___ —4-4 c, olivppjag Center. 1 lie Chamber believes 1'um coulu putentiaiiv attract other economic develunm;;nt rr� •N<laaa.,. . „u,, tc►trca;ing our community's tax base. The Chamber recuxnite� tl)rtt _.._ grvCcry siorc would provide the driving force to regenerate traf is to many of tl,P SMall businesses in the center. Also, 'torn Thumb would create a balance ;{mart variety of grocery shopping opportunities to local residents- r We truss that you will make the annrooriate dt-f-icinn rnn•xrii,,,. -r_ •rL.___I- econunlic impact on our cornmun]tv.• - v-_ ..b.....'1,� . V{a, { uutnV lino their Sincerely, ai.V 1.7V\1 ffa J AN 191999 W3o 1> In To: Linda Carpenter - City of Southlake t'rom- •famara McMillan - Mission Hill lrstates U.4soo 1 i 17r YY Linda. 13er my conversation with you earlier train" t ur_.? r_ . • e- ... •=ea=• •••j ;Ut—rrvsa tw u12 Prvpused Tom Thumb project on Whites Chanel. Several weeks ago 1 attended the planning and WGing meeting where this project Passed sormcume around audnight_ At that time I spoke out for this pmjea as did 1 �.� _ �.cTaa Oa r1tC (CalderltS of Diamond Circle. 1 received the January 8° City Managers Ul l 1uc prvjeci had also passed. I rueived no notification of the •r r-NUAMS auu dmuwr, which was fumed down- Had 1 been aware of this tnertinf I r nnbl h.— .M....1..1 • �.. G __ _ _ •„- .. -- v ' '- --•� •..• •.. �.-wwvrv. ", tY it LYU 111.ilIDn Or gn's Gem was via a Petition which one of my npi.h6w. hors ...,• :_.._a 8 -'� _ ---- •-' -- wY aa�laou MM wen 14C 101lOW- atticle in the Grapevine Sun this week. I ii l i I f U l' uui WM ow OFFICE OF CITY SECRETARY I attended many moetings 00 this property when the Food Uon was nnu,nc.cr w._ t..,t petitions md=ting we did not want the project due to the caliber of the Droye-ru. 19we+y store. la spite of our objections this project passed. '`•"e u e uPPulllually to correct an error that has created n,,...t,�...i,.....1 an eyesore for my -- arY w" "Ucc+•`cliiniij as a whole. i�ve ut*inatly had indicated that we would lUZDl�i1 a nrn;r•e'/ urhewt. I.s.t ....._.,__.- -'- .-• �r � i77,1 V i such as -"Om i numb j as an anchor. We now have what we bad originally rpoh t-A r ......_.___ .L_..__ +---..-...•... •wa.a Y.....,1; have drasticaii I[n vcd Our Standards for the community and 1 wm Aws.. that I"... V -._ _..�_ . _ Y 7 rV YV.YGl V7L./ 7•irla m= on Ibis project. However, I as a citizen cart live with lt>rFe .�:..,.__ veld ....." w"awc I See the im Pro 9nt which will be made to this project. There u a nerd fn _ti.,...v....:._ Aiso, please keep in mind that the su `". ppoa of the Eckerds project by citi-rtn1; is larval" iWi iv din prospect of the Tom Thumb. We agreed to support that projtict which we had 0 Rich w vwiag we wooid t tie the shopping center we wanted in the fast place. 1 tIKC city cnm±eil t� tL'_1'G r.. _:.:�- w --• #a uG+lros info accotirtt this time and support this PrQJCM As hailoo to ML%vinn Niltt. i lyye �wi•w vwr v'1e VOJCCu0n UOm a member of MY neighborhood - they want the am Thumh ti._t .,•wlw _ .- :. i_ _ r•"�"� " LM a iJ" smaller. Thant you for your consideration in thin matt,,. .:.+•a`aa i. rrrtl�'llilan L !023 M.LzL— ­Ic Southlake TY 481-3350 WCp JAN 191999 9A-31 �aT,_Ig-44 43-5?P v n� vYt%VY rYV/Y~tL ... m' Prsnwi�_�-- dick anin kianinnnnrintmail mml ` �� - ent: Friday. .January 1.5 1QQQ 10-74 AM n l Mill 70: sleorandnci_southtake.tx.us 111111 JAN 1 5 P99 i L )1 Subiect: RE: Tom Thumb OFFICE or '-III ATT00000.Mm As residents of SUuuliake. we WUUId ilke to eAp ess uur Ux-tu rrl th til C dt C Vity ti0Ur1G11 Vote In TaVOf Of thin Tnm Thi_rnh in the (�rnecrnar�c Cn„are -Shonninn P antor ThMt en�ro F,�� hoo., .�����t �i.,..o ..,,. �oci.aenna A t r2 �__ - wv ve V J,V yeas no. It leaves a terrible impression of this town when retail space is left vacant. For the Plannina 8 Zonina commission to require that a property constructed nearly 10 years ago meet design requirements of today is unreasonable. Additional commercial development should De encourages in 50uttllake 10r this type of development would help alleviate the tax V VryCw wn� Ws� � t rG r zs4a! Ica fCGi. V Please vote ac tha r:0nstitriPnts .would_ and vote in favor of the Tom Thr,mh. Sincerely, Richard and Janice Agin 7 i 8 ivettieton Ot. Sou!hlake TX 76092 817/421-8466 A IIUb RECD JAN 191999 L ............ . ...»...y »............�.».. Thefolio . g .......» .... ».�»..... .......». ................... win form may be filled out and mailed to the City of Southlake Planning and Zoning 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) �A� % l i / ADDRESS: (dxo harYi PHONE: & L Z — `fl n?-, MEMINW29 r ion, ,p6 ,�Lm a a. m.:,,1�0 %33 RM JAN 191999 m The following form may be filled out and -mailed t-ot6,-cCit-yoltSouthL- ePOnning 667 North Carroll Avenue� Souk T 76092 and Zonis ci exas, REFERENCE NO;: ZAlIzIM I am 6iir o opposecl to) (undecided about) the request for the following reasons: 0 117 c" SIGNATURE: ;1211 7/ (Please Print Name c j L/ e-/ ADDRESS: 1l 0 7 X PHONE: 7 �- 1�7 UA -4117�1'.-17; Z-1 RECD JAN 191999 9A-3q 01/13/"399 18:53 8174213442 RALPH POUCHER RAGE 01 J L fo liowmn stay be Slled out and m�a !fib ffie City of5an�hiWie, PLanio� and 7Aning Comm�ssioo, 667 North Carroll Avenue, Sou&Wc% ?+sane. 76M. PEFFRENCENo.: ZA9&156 lam ()Afavorof) opposed to) (undecided about) the request for the follbVng reasons: MMS Plant Name) ADDRESS: 10 75 Z IQ.d1,�.Q1�� �� <1� u T Wr C l4 JE _ - 10 ` 86 RM JAN I a 1999 ....... _........ . _.......... M............ _. ........... _.................... The following form may be filled out and ....................... .... .......... ; g..'..�'_......... Y mailed to the City of Southlake, Planning and Zoom Commission, 667 North Carroll Avenue, Southlake, Texas, 76092. REFERENCE NO.: ZAP I am (in favor o (opposed to) (undecided about) the request for the following reasons: v U SIGNATURE: r -- (Please Print Name) ADDRESS: PHONE:_ —.fib .1-v (/ .— �. tEca aaN 131993 9A-3LP Sandra LeGrand C : TTRIPJ@aol.com - Thursday, January 14, 1999 5:36 PM slegrand@ci.southlake.tx.us Subject: TOM THUMB I am writing to support having Tom Thumb at Crossroads Square shopping center. OFFIC�Crry Not only do I want the Tom Thumb there, but 1 am entirely against having the RET.�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 L (4w, IRT REn J AN 151009 1 .lars-lg-Q4 n3•a4o P L"17 Saneira l cir.mnei (;n'ytk To: Subject: Kevin McDermott [MCDERMKOtowers.coml Monday. January 18. 1999 11:31 AM slevrand pc i .so uthlake.tx.us City Council 1 strongly urge you to reconsider what is. to me, an PxtrpmPly disappointing recommendation by the planning and zoning commission regarding I om I humb's request to become part of our community. /lC A who ofteragiefPnt uses (Sc_withthatrx_inn n shopping Center. I fully support Tom Thumb's arrival. y The positive aspects of a Tom Thumb moving into that shopping center and our community far outwiegh any of the relatively minor concerns expressed by os.7as they rnad.. K..... ., ..:.,.. Please. Don't let Southlake be remembered as the community that approved that awful eyesore at the entrance to our community, yet turned down'a yuali'Y business Iikc T offt i numb for noising more than technical reasons. ' `lA-3B f 1_ WRInV 1111 " � !l UU1 '"^ ' LJ _ 1 OFFICE OF CITY SECRETARY REGT J N 181999 .lar�_lQ-QQ [lz-S10 P 014 Sandra t Prarand QQ m: Chris s Zapatka rezaoatkaBiuno.coml nt: Monday, January 18. 1999 4.01 PM To: slegrand@ci.southlake.tx.us Subject: Tom Thumb at Crossroads Square Shopping Center uGor vviii iian8 frilly �Giii �Ci; ivit31i1uar 3, It has been brought to my attention that some of the members on the city council do not want a Tom Thumb to go into the Crossroads Square Shopping Center. Ever since i moved info SoutnlaKe three and a half years ago, I ha..,� ' •u .Lc• ..- MV11 a ..._.. vv..,. wu.ia .v, ayrvCc� w a`v lino uiat iVbotwii. Il WuuiU VC SO convenient for many of us that I a in tha Tim. rrnn grog � A Trim TY»4ml a wonderful grocery store. I I a.1�. also concerned aboui what would 'happen it the i om i,numb deal is ►iimpO riown anti he) it whigitrl nK t the ^SIC^ —of ttii L'_ new tennis courts. etc.. Sounds like a huge legal nightmare to m, er Plaaco take into consideration what wonderful things are already happening in Southiake and make a decision that really makes sense! Vote YES to Tom Thank you, Ciiri3 Zapaika Concerned vvV.h1V..V 1/ 14.Q1. You don't need to buy Internet access to use free Internet a -ad. Lei e�coNllumly free e-rllelii from Juno at ntip:imiwww.juno.comigetiuno.html or r_.all .hinn at IRM RSA_ a mir-s rase COAm (- (40, r� « (L L1 M lDl " � IIl{1 11All U1 I _ l`-�r;Ty sEcaJar REC'D J A N 191999 .larI_Ica _gq n3-r'np Sandra I arrartel om: ent: To: Subject: KayRiifftp__snn Ani,rnm Tuesday. Jan.gary 1Q 1000 '3-9R ORA stearanda)ci.srnrthlakP,sY �g Tom Thumb resident of Southiake iivin,2 in Stone Lakes and read about the upcoming Vr11G �A tiro nrnnns e.i T....- TL.. .�., ' i would love to see Iom Thumb fill the vacant buildino The empty Fnnd t ion genre is a — �,,., • •I-- -'a sorc !o %IIc wIrnnuiMY and I believe this shopping center needs a strong store in the strip in rudor for the other stores to stay in business. I do not,frequent any of the other e'tablish� o;,ts ii the 5110mimy center except an occasional stop at Eckerds I d0 95% of my nrnrory _hnnn).,.wt why T,.... Tr.._.•- ---'i rr•••y v��� „�„���„ in v1dNrvuid with tine remainder at Kroger. I would ask you to olease vote vt?g and ronrim.g rnn&rinn cr.. �rr.ia6c a great community. Thank you for your consideration. y vvV 31 L P n7 lu (3(�13nW/RIM 101 uui Vass Vrf itrG Vf ", V oECRE w�....�TBAR.. Karol Welsh RED'D JAN 191999 A L 4--n- \-/ -1-C ID January 12, 1999 Dear Southlake City Council, 1►�w NETT NORTHEAST TARRANT TENNIS l I am writing on behalf of the NORTH EAST TARRANT TENNIS Board of Directors and the tennis playing public of Southlake and all surrounding communities. It has come to our attention that P & Z has turned down Tom Thumb's zoning request. The ramifications of this vote is quite serious. We do not want the vacant Food Lion to remain empty, we do not want a stop put on the building of the Southlake Tennis Center, and we do not want the City of Southlake sued for reneging on their agreement. We need you the City Council to vote YES to the proposed Tom Thumb. Surely the positives that is vote would cause far outway any minor details that brought this vote into question in the first place. We need you to vote the conscious of the community! / U2- Pd � 14 L 76 z2L -/<V ao x 7��3 7So6 3 .ia.,-39-99 n3-�7p v nsa (aw lMn,�ary f7 tn00 Dear Southiake City Council ff 11�w--� I if 11 llllll luul .ram 14 MW IUI it I I I /�[e�s nc M.ry c►ns�^�v l V ITT NORTI ICAiI TARRANT TCPN•;i5 I am writing on behalf of the NORTH EAST TARRANT TENNIS Board of Directors anti the tennis playing public of Southlake and all surrounding communities Tt has l'AmA in our wttwntinn that P & Z has turned down Tom Thumh'% zonina rPr hest The rnm;Gr-atinne .,Ftl, ro us ww iJ 46)1,. serious. We do not want the vaeant Fnlv„yt i for t„ ;., o.»...,. a . v ,.�saaws ,suFiji, nG uv J1VL VV4M A JtVP JlUJ VIl 1hP_ h1-/-itf_inn Afth� C�v,fkIT ^• r W� •eauu� ♦.ci1l{.r, Gild vVV UV 11UL Wdllt UlC hiiy U[ aoutruake sued Tor ter.;. •r. .�..: _ � b Vi1 111GL G�IGWIICIII. We need you the City C:Ouncil to vote YES to the proposed Tom Thumb. Surely the positives that is vote would cause far outway any minor details that brought this vote into question in the first place We need You to vote the consciotl rif the r_�nmmiinit. i N F T'r ROAR11 i ;) /_ Y�'/��i�•ee��L I 1 v, vtrko A � � •w.' r••, 1 � 1r Ru/ (.7 j;AfbsCl , I P O R n x a o i o S QI)r141 Arf• TlxAc �p y2 REC'D J A N 191999 o�h M �• 4 �110 Y M• h o i02 z■ cy • c o'iSSi ^ I T i i k7 • a L o •T lzdlt r i� 4 'jr` 8 i : d = • r) W 0 ^Cy—^ a. Q J U) O w cr z Q J - Q- W U Z C CU r1R-43 0 W O a. a O w z a w C0 (W Tom Thumb/ Crossroads Square Historical Data Case No. 90-66, Zoning (Ord. No. 480-38), approved 02/05/91 Approved as "S-P-2" 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) 3,000 sq. ft. Total 68,878 sq ft. Case No 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.M. 1709 was reduced from 50' to 30' and light poles limited to 20' in height. Approved Floor Areas Food Lion Eckerd's Retail B Retail A Phase 11 (Lot 3) Total Required Parking Approved Parking L 34,782 sq. ft. 8,640 sq. ft. 5,099 sq. ft. 17,355 sq. ft. 3,000 sq. ft. 68,878 sq ft. 330 spaces 302 spaces 9" New Site Plan Comparison, Case Number 98-156 Comparison Existing Proposed Difference %Difference Grocery Store 34,782 sf 63,959 sf + 29,177 sf +84% Eckerd's 8,640 sf 0 sf -8,640 sf -100% Retail Space 22,454 sf 33,782 sf +11,328 sf +50% Subtotal 65,876 sf 97,041 sf +31,165 sf +47% Phase I1(Lot 3)' 3,000 sf 0 sf -3,000 sf -100% Total 68,876 sf 97,041 sf +28,165 sf +41 % Land Area 2 344,568 sf 335,002 sf -9,566 sf - 3% Req'd Parking 3 330 514 +184 +56% Prov. Parking 4 302 350 +48 +16% I. Pad site, not constructed 2. 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. 3. Required parking is based on requirements of Zoning Ord. 480, Sect. 35. 4. Provided parking shown as "existing" is based on previous site plan approval. Provided parking shown as "proposed" is based on current plan proposal and does not include offsite parking along the west. L:\COMDEV\WP-FILES\REV\98\SP98-156.WPD `1A-06 0 TR 18 9.9 AC 0 Tq 1 E- 7.31 AC CITY OF SOUTHLAKE TR 1 C2 „cs 6.0 AC l� �7 CROSSROADS SQUARE LTD. "S—P-2- I CITY OF i SOUTHLAKE R. HARVEY "SF-1 All D. MULLMAN C. CD nT I 8 I I I ADJACENT OWNERS I ITE AND ZONING w� pEL CjqACDIST R ;©o� r ETo�RCK TO :1 - �A�'1O iR Afl C14 �1 "SF-1 A"\ WYNDHAM I6�5 5 I V- 7 INVESTMENT 7 PROP INC. 0 S'S-P-2' i #1 FlRS =,. 179 'S-P-2. � 2 FIRST CROSSROADS. I sA % AMERICAN i „C-2„ ?z2 .971 ® SAVINGS � 22 SQUARE LTD. BANC STATE OF TEXAS �3O 's+ I SOUTHIAKE BLVD - - TR 1 G. LECHLER s I TR 1 - " -- _- A 78 AC w ✓I TR G. LECHLER I O A 14 � ��l�j � AC If O-1 " 2w A TR.3C 13.11 Ac 30 City of Southlake, Texas SITE PLAN REVIEW SUMMARY No.: ZA 98-156 Review No: Three Date of Review: 01/29/99 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 =latted 1.174 acre tract. in all being 7.691 acre APPLICANT: Ewing North American Properties 14990 Landmark Boulevard STE 300 Dallas. TX 75240 Phone: (972) 866-9555 Fax 972) 866-9888 Attn: John Maggiore ARCHITECT: Twichell Architecture 3624 Oak Lawn Ave. STE 3200 Dallas. TX 75219 Phone: 214) 521-3066 Fax : (214) 599-0583 Attn: Terry Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/26/99 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. 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. (C. C. Action 1115199: Allow as proposed placingrequired plants elsewhere on the site or in Bicentennial Park) b. 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. C. Action 1115199: Allow as proposed placing required plants elsewhere on the site or in Bicentennial Park) 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' f into the 20' Type O Bufferyard. (C.C. Action 115199: Allow as shown) 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. (C.C. Action 115199: Allow as shown) 3) Proposed parking along the west property line of proposed Lot 2R1 adjacent to Bicentennial Park encroaches into the required 10' Type `B' bufferyard. (C.C. Action 115199: Allow as shown) City of Southlake, Texas 2. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance 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 corner of Lot 2R1 is approximately 123' from the next drive to the east (Drive `E'). (C.C: Action 1/5199: -Allow as shown) 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 the southwest corner of proposed Lot 4R (Texaco) to the east (Drive `L'). (C.C. Action 115199: Allow as shown) 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. (C. C. Action 1115199: Allow as shown) 4) A minimum spacing of 250' is required between drives along N. White Chapel Blvd. The southernmost existing drive within the proposed Lot 2R1 (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'). (C.C. Action 115199: Allow as shown) 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'). (CC. Action 1115199: Allow as shown) 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. (C.C. Action 1115199: Allow as shown) * 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') rIA-5U City of Southlake, Texas b. A minimum stacking depth of 100' 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' (C. C. Action 1/15199: Allow as shown) 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 the loading docks at the rear of the Tom Thumb building facing N. White Chapel Blvd. A screening wall must utilize a similar masonry material as the front facade. (C.C. Action 1115199: Requiring Additional Cedars in the "No Disturbance Zone" in lieu of 10'screen wall)- - 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 to reflect only on -site parking. (CC. Action 1115199: Allow 350 spaces instead of 514) b. Address the following with regard to the proposed off -site parking: 1) 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 specific guidance in coordinating any proposed off -site construction with the City's current Tennis Center construction. (C. C. Action 1115199: Allow off -site Parking and pavements along the west and accepting applicants commitment that spaces be constructed ofgrasscrete) 2) If relief is granted allowing off -site parking, a letter of permission from the property owner must be provided to the City prior to any such construction and a reciprocal parking agreement will be required to be in place. No documentation of such agreements have been provided to the City. 3) If relief is granted allowing off -site parking, ensure that curbs, grading, wheel stops, plant materials, and/or other physical features do not negatively impact the adjacent Tennis Center Development. Such negative impacts would include but not be limited to drainage, safety and any physical damage to facilities within the Tennis Center site. 4) If off -site parking is allowed, the total provided parking would be 376 spaces rather than the 379 spaces indicated in the Site Summary Chart. 9A-51 City of Southlake, Texas C. Provide head -in parking spaces with a minimum dimension of 9' X 18'. A number of spaces located along N. White Chapel Blvd. and along the common line with the pro`pased Lot 4R are shown as 8' X 18'. If relief is granted to allow such a reduced dimerisio- ff, label the applicable spaces --Compact Parking 8' X 18'-- on the site plan. (C.0 Action 1115199: Allow as shown) 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. Provide impervious coverage in compliance with the Zoning Ordinance Section 22.5-L This site exceeds the maximum permitted impervious coverage area of 75% for the "C-3" Zoning District. The applicant proposed 46, 551 sf of open space (13.9% of lot area) and approximately 288,451sf impervious area (86.1 % impervious -coverage). (C. C Action 1/1 S/99: Allow as shown on Landscape Exhibit presented at 1/15199 C.C. meeting, ) 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 clearly demonstrated. . b. Provide wall length and offset dimensions on all facades vertically and horizontally. C. Provide a plan view of the building footprint below the elevations of the retail building and correct the retail building footprint shown on the site plan to match. No horizontal articulation can be evaluated for this building. d. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. and Section 43.13.d .Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. ( C. C. Action 1/1 S/99: accepting the articulation as discussed during the meeting. (Applicant agreed to meet all the vertical articulations shown to be deficient on the articulation chart and will meet the horizontal articulation on the south wall of Tom Thumb Building and the north and south walls of the Strip Retail Building. Variances will be granted for the following horizontal articulations: north, west and east sides of the Tom Thumb Building with the canopies, pilasters, and other design features discussed during the meeting and the east and west sides of the Strip Retail Building as discussed in the meeting) 8. Clarify the floor area shown for existing Building 'D'. As depicted, the "24,740 sf'number appears to incorrectly imply that the existing retail building is 24,740 sf. In fact, the total area for Buildings 'C', 'D' and 'E' (new and existing) is approximately 24,740 sf. Building 'D' appears to be approximately 15,155 square feet. I A-5z City of Southlake, Texas Additional C.C. Actions 111 S/99: accepting the applicant's commitment to maintain the landscaping for perpetuity; allowing the applicant's engineers and city engineers to work together on the appropriate length and width of a right turn lane (and its transition) along White Chapel Blvd.; and accepting the applicant's commitment to appropriately shield exterior lighting. * This review is based on the "C-3"General Commercial District for the proposed Lot 2R1 and 2R2 * 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 Twichell Architecture Bury & Pittman David McMahan L:\COMDEV\WP-FILES\REV\98\98156SP3.WPD VIA FAX ABOVE VIA FAX ABOVE VIA FAX: (972) 991-0278 Attn: Brett Blankenship VIA FAX (817) 481-4074 (A-53 SUMMARY CHART - BUFFERYARDS 1 /29/99. Tom Thumb Center Lots 2 & 3 Case: 98-156 Location/ Len h of Base Line Required/ Length Bufferyard MU4tLTJM Canopv Trees Accent Trees Shrubs Fence/Screening Hei5dit & Material Provided North - Required '519' 10, - B 10 16 52 Provided 379' East 1 -Required 419'a 10'- E 4 8 34 Provided East 2 Required 76, a 5'- A 1 2 6 Provided _ _ Z South - 1 Required " 245'.a 57 - A 2 5 20 Provided 233' South - 2 Required 186, a 20' - O 7 6 26 Provided West - 1 Required 716'a 5'- A -7 7 Provided2I4' S' ti A 2 HO 7West - 2 Required 99, 10' - B 2 0 Provided 99' 10 = B Z *Note any credits used in calculations: a. Driveway width was deducted from -the.total length of the required bufferyard. Other Comments: . Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three (3') or greater must be planted at a maximum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive 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 Canony Accent Ground Cover Area Front or Side Trees Trees Shrubs S . Ft. Required: 24,307 a 75% 40 81 405 2 430 Provided: riot 75%.+ 28 24 324 6052 Verified By Staff -a This i'T *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 L:trees/dre98/98-134 9HA Articulation Evaluation No.2 a' Case No. ZA 98-156 Date of Evaluation: 01/29/99 ations Tom Thumb Bldg. 'ved- 01/26/99 War - facing: North Wall ht. = 29 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 87 84 -3% Yes 87 65 -25% Yes Min. artic. offsetY 1 _ 7S�r , No 4 4 0% Yes Min. artic. length 3 a;4 No 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 79 -25% Yes 105 79 -25% Yes Min. artic. offset 5 40% No S 5 0% Yes Min. artic. length 19 26 37% Yes 7 11 57% Yes Left - facing: West Wall ht. = 29 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 87 55 -37% Yes 87 74 -15% Yes Min.-artic, offset 4 1 7* No 4 5 25% Yes Min. artic. length 14 3 79% No 6 6 0% Yes Right - facing: East Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length _ :66 148�No. 66 ' 70 6% No: ',rtic. offset c. length 3 26 17 12 767% 29% `- ' Yes No 3 10 3 20 0% Yes - 100% Yes Elevations Lot 2111 Strip Retail Bldg. Received: 1 /26/99 Front - facing: East Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 NA -1000/0 NA 66 57 -14% Yes Min. artic. offset 3 NA -100%,-:' NA 3 4 33% Yes Min. antic. length 1.7 NA 100% ,- NA 6 12 100% Yes Rear - facing: West Wall ht. = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length �u 51 73-43% No Min. artic. offset `. 3 14A NA 3 3 300% Yes Min. artic. length �3�,. NA,.`�10°10., '; NA" 13 18 38% Yes Side - facing: North Wall ht. = 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 66 "NA�'ia r NA 66 28 -58% Yes Min. artic. offset 3 °NA'" ���it1 3 7 300% Yes Min. artic. length7:. 7 18 157% Yes Side - facing: South Wall ht. = 22 Horizontal articulation' Vertical articulation Re wired Provided Delta Okay? Required Provided Delta Okay? Max. all length g'- °o Aa 66 30 -55% Yes Min. artic. offset 3 7 300% Yes Min. artic. length �� a� 8 16 100% Yes 7A-5� City of Southlake, Texas F.F. PRESERVATION ERVATION N Y I (Non -Residential Development) Case No: ZA 98-156 Date of Review: 1 - 15 - 99 Number of Pages: -. Project Name: Tom Thumb (Site Plan) APPLICANT: Ewing North American Properties 14990 Landmark Blvd. Dallas, TX 75240 Phone: Fax: ENGINEERS/PLANNERS: Michael F. Twichell, Inc. 3624 Oak Lawn ave, Suite 320 Dallas, TX 75219 Phone:(214) 521-3066 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 W� 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. L BUILDING INSPECTIONS 11A' boo IN NTH 0 g Ys°al l I I i=Ee f ix IIe w Z1� $ F.,I g3 i5� R Saw: l���4 4 1s 00000� i:I it Elfib � o J / ------------- a-� 1N3w3AVd LWHAV - M"OU ILLOIM 31BVIWA - gill lf1---------J Fs1a do 3- ° gi�'f 11111117-1 1 �ay ' i1 F ! Ali '6c I► � � sly i � la d�gE�� a' I; I ------------�__------------� : s� �O d 'Ici1� o.. Od 17n- \ • s M ITie �- _1 IF 9 M Ph P ji/��� � ! s ■ O ` �Bfill,iiRS � ! s x F i4 � • wwxz..saawaosa a c - . x . !F gpr6j 39 3 9 1 A c l. M i l <s cJ E tlllllilll►I i! 0 :4 rn rn m co Z Q JillC" t a, Jill La a a 0 7, I' '1A-t�D co rn m wwwt,a uBur}}id+edtig 4 m DW AMVM rM!d 1N3K 1W Mora SUVJM e 1 -Pl /i -.Ills 66 Ho. A `JJ w� N zI ! \ o '>' .. t..... F$ ♦ 4 Pt - ♦ �: r�i� is - �♦ I 1 � ♦ r �! r r 'r r I .I I _ .�. ......... ...._.. -�. ---- - - - - - - - - I i le 0 oN Z �n f co cn 1 Nyw 3DYNriwo aw GYM 'AIWW IWVUVI 1IR�111 as usut}}td+ mA g !� MUM ONMA a 3MV, s��o ,� : " ,N uod tag JNOV D &WVNM" MUc1 dNrlr"1131ld �>/ s?� =Lmv m vN Tm vin Wz Loi w tiff JXl9 ill man --Mmc Ty Is j i q I F __ .......... Ll 4 f,.... J ...... i.. ,,. •I NO I 4 AL .......... L: 1 s i `lA�l 90 wow w `n►...w� a., rw wrs• 1CiMF{iigC-i11L� �NI NY.'7Y- tl ILLYON �r� w" 6i LwyRm1�" w,��•.•r•w.waa �L�J 9"U A�tY1= ANNI YJ "iNVVAnOB TM �oLae IIEQI�}Zd-FA.Ii1g 4 q Awn L�A�UVNVC ad w3aw gMdA B 3MV. 110MO GM3 GV AVYMM #!d Nalww m •ON mw vin 1Mz im °,• L,+PO M • .� �•L W I fill 1 / b \\ t1 V\\ lava � 7ww H II 'GM! N • r. • � I — — �- tin • T-------- __-__=_ = T loll - Ns ---------- -- ------------ IlliffUII; , ----- - --- -�--� R,.•►° - gyp. I ; s do e•t—='--'a at R ■ - 3 I�s � i r ■I E � �! , .I • - 44— I � aM a� .w l oL..•d raa .w � � VIA , ------ � ------------ 5 1 it eta` CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-297 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, 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 1C2 SITUATED IN THE L.B.G. HALL SURVEY, ABSTRACT NO. 686, FOR A TOTAL ACREAGE OF APPROXIMATELY 7.691 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT AND "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 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:\CITYDOCS\ORD\CASES\480-297.WPD 'A'` Page I i R IA 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "CS" Community Service District and "S-P-2" Generalized Site Plan District with 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 CWHEREAS, 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 L:\CrrYDOCS\OPD\CASESASO-297.WPD � Page 2 C1 A' 66 promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and,. WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are L:\CITYDOCS\ORD\CASES\480-297.WPD Page 3 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 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 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, for a total acreage of approximately 7.691 acres, and more fully and completely described in Exhibit "A" from "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 to "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", excluding the following uses: 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; C22.2(2) Movie theaters; LACITYD0CS\0RD\CASES\4W297. WPD 9 A - 69 Page 4 22.2 (5) Bowling alleys; 22.2(7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; 22.2 (16) Lodges, sororities and/or fraternities; 22.2 (17) 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; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (26) Skating rinks, ice and roller (indoor only); and 22.2 (27) 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 this ordinance. The mere reference to this provision within the zoning ordinance does not indicate or imply that the sale or consumption of alcoholic beverages has been or will be permitted under the alcoholic beverage laws of the State of Texas. It is only intended to define a location for this type of use if its existence should be permitted 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, Cjubsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are L:\CITYDOCS\ORD\CASES\480.297.WPD y� - Page 5 us not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide "adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been. made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of. conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance C L:\CITYDOCS\ORD\CASES\480-2gr7.WPD Page ��" 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 (W 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. L:\CrrYDOCS\ORD\CASES\480-297.WPD n Page 7 1 4_ l 0 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: PASSED AND APPROVED on the 2nd reading the MAYOR ATTEST: day of , 1999. CITY SECRETARY L:\CITYDOCS\ORD\CASES\480-297.WPD Page 8 H APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c L:\CITYDOCS\ORD\CASES\480-297.WPD ^ �-� n Pagc 9 `' L 4.14911:1111 M 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, (DRTC rj 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 Recor&-Of Tarrant County, Texas, (PRTCT), said 7.691 acre tract of land being more parti6ularly described as follows: COM%MNCING at a M-inch iron rod with cap stamped "SEMPCO" found for the point of intersection of the northerly right-of-way line of FM 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 corner 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 (we 53.64 feet to a Texas Department of Transportation concrete right-of-way monument found for the end of said curve; C South 88045'30" 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 A:�RICAN SAVINGS BANK ADDITION, an addition to the City of Southlake described by plat recorded in Cabinet A, Slide 1325, PRTCT; RECp DEC 211998 L%CF YDOCS%0 WCASFSu10.297.WPD Page 10 9n-13 EXHIBIT -A- THENCE North 02°00'47" 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, DRTCT 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 corner of said L.B.G. HALL NO. 686 ADDITION, THENCE North 89'58'09" West=along the common line of said L.B.G. HALL NO. 686 ADDITION"and said 3.829 acre -tract 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 comer of the aforementioned 1.174 acre tract of land described in said Exchange Contract; THENCE Notch 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 comer 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 corner 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 "SEtiiPCO" found for the northeast comer 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 NO. 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 comer of the aforementioned Lot 4 of said LB.G. H.AI.L 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 61°59'23" West, a distance of 250.00 feet to a point for corner, THENCE South 06n 1'48" East, a distance of 98.63 feet to the POINT OF BEGIN,VIING; CONTAINING a computed area of 335,002 square feet or 7.691 acres of land. F. '30t5-03'SL'RVbt5031oQr t.doo REGD DEC 211998 C L•',CrrYDQCS DRD�CASES.1t0--'W. WPD Pale 11 �A-74 EXHIBIT "B" � � � nllltllllll ���co Y i � 1 1 • i =1 i�l; ,� i I � e�Be • • i. t�11 tHall ie� r i i i•• i Ir Y t _I� ��. � i f IT r 1 ! 1 7 , 1 1 Itil :1+ 2fP� ORT a _Y1 \� If.i r- . r Cn�rr rrrrttir�-. i. r��S •.1 ff n•_'I L\CrrYDOCS\ORD\CASFS%480-297. WPD Page 12 of aI: I: 3x�:�' rr 88 a I 1 c�Y�b cr I1 - 0 �I�IIIIIIIII t000 oeeeeeeeee ��geeeeeeeve°°e 200 @9@9@9989@9@@ SEE I�IBI91�1916 905 a (w EXHIBIT "C" A L This page reserved for the approved City Council motion for this case. L:\CITYDOCS\ORD\CASES\480-297. WPD I A Page 13 9 q.9 u City of Southlake, Texas STAFF REPORT January 29, 1999 CASE NO: ZA 98-135 PROJECT: Plat Revision - Lots 2R1, 2R2, and 4R L.B.G. Hall No. 686 Addition STAFF CONTACT: . Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 2R1, 2R2, and 4R, L.B.G. Hall No. 686 Addition, being a revision of Lots 2, 3, 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 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, and being approximately 10.127 total acres. PURPOSE: Incorporate an existing pad site, a portion of Lot 4, and an unplatted tract along the north boundary into the existing Lot 2. In addition, this action subdivides the existing panhandle portion of Lot 2 into a separate lot to allow transfer of this new lot tot he City of Southlake. LOCATION: On the northwest corner of the intersection of North White Chapel Boulevard and West Southlake Boulevard (F.M. 1709). OWNERS: EPIPD - Crossroads Square, L.P., and the City of Southlake 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. -7B-1 City of Southlake, Texas LAND USE CATEGORY: Retail Commercial and Public Parks/Open Space NO. NOTICES SENT: Ten (10) RESPONSES: None P&Z ACTION: November 19, 1998; Approved (5-0-2) subject to Plat Review Summary No. 1, dated November 13, 1998, deleting Items #8.f (5' utility easement along north line of Lot 2R1), #8.g (5' utility easement along south line of Lot 2R2), and #1 Lb (additional R.O.W.). COUNCIL ACTION: December 1, 1998; Approved (7-0) on consent at the applicant's request to table to the December 15, 1998, City Council meeting. December 15, 1998; Approved (5-0) on consent at the applicant's request to table to the February 2, 1999, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated November 13, 1998, with the exception of those in the attached Plat Review Summary No. 2, dated January 29, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-135PR.WPD -7 6 4- TR 1E 7.3.31 AC CITY OF SOUTHLAKE CITY OF TR 1C2 SOUTHLAKE e.o AC TR 1B 11 cs" 2R EMERALD I i R. HARVEY CITY -OF I 1 R SOUTHLAKE D. MUL2LMAN G D jA TA7 C. Coofs 1-- 4 9.9 AC WYNDHAM I RkBOYD INVESTMENT " -2" PROP. INC. 7.57 I ' E FIRS FIRST 4 I SO7; of" AMERICANgSAVINGS "TR— 189.90 AC BAN It --_ „a gpUTHLAKE BLS .LECHLER I STATE OF TEXAS G , 4 IWHITE CHAPEL ' TR CEMETERY .PA 4 s G. LECHLER Q ' AC I 70 90 / TR.3C ..o_� .. cs if 13.11 Ac /9TT A ADJACENT OWNERSjTEAND ZON NG wK O;o 3 Of r,K 4+yb rr(lum4g $ "is")) h'f 4 t+r � f�'Y'ttY X�''M Ygl'9Y'1 a# a Ji r j;t �� jj.i i i�; i i 1� t i = _ ���a i 1�1� • � ��f F:. � j Q., Lc II e I III�� � I III I ll .I p8 Sh 0o g � 400 L City of Southlake, Texas No: ZA 98-135 Review No: Two Date of Review: 01/29/99 Project Name: Plat Revision -Lots 2RL 2R2 and 4R. L.G.B. Hall No 686 Addition. being a revision of Lots 2 3 and 4 L.B.G. Hall Addition No 686 Addition and a 1 174 acre tract of unplatted land situated in the L.B.G. Hall Survey. Abstract No. 686 being 10 127 acres out of the L.B.G. Hall Survey. Abstract No 686 APPLICANT: SURVEYOR: Bury & Pittm� 5310 Harvest Hill Road STE 100 Dallas. TX 75230 Phone: (972) 991-0011 Fax : (972) 991-0278 Attn: Michael L. Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/01/98 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 MCROY AT (817) 481-5581, EXT. 880. 1. 3 Below the signature line, type the name and position within the organization for the individuals signing the owners certificate and lien holder statement. The following changes are needed with regard to the legal description: a. Consult with City Staff regarding appropriate ownership deed references. The following changes are needed with regard to easements: a. If any, show and label the type, size and deed record of easements recorded by separate instrument. b. Provide easements for water, sewer and/or drainage in compliance with approved construction plans. C. Provide common access easements in accordance with the approved Site Plan currently in process for this site. (City Case No. 98-134). Label all such easements as "Common Access Easements ". d. Provide dimensional ties along lot lines to all easements. Provide centerline dimensions and bearings on any easements crossing areas if deflections occur. e. Provide the signature block for abandonment of easements in accordance with Appendix 4 of the subdivision Ordinance. f. Provide a 5' U.E. along the north line of Lot 2RL (P&ZAction 11119198 Delete) L.\COMXV\WP-PILES\RBV\98\98135PR2.MPD Page 1 City of Southlake, Texas g. Label the curve data for easements to remain and for those which are being established (delta, radius, length,. tangent). 4 Provide additional R.O.W. within Lot 4R to accommodate a free -right turn lane from N. White Chapel Blvd. onto F.M. 1709. The standard turn lane typically requires 12' of R.O.W. width for 150' with an additional 150' of transition area. Existing R.O.W. width, topography, and other considerations may reduce or increase the actual amount of additional R.O.W. required. Amend setbacks as needed from this new R.O.W. line. (P&Z action 11119198 Delete) 5. Lot 2R2 does not have street frontage as required by the subdivision ordinance. However, this property is owned by the City of Southlake and is contiguous to City owned property which does have street frontage and is to be combined at a later date by plat with Bicentennial Park. * A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing this plat in the County records. * 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 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. * Denotes Informational Comment cc: EPIPD Southlake No. 1, L.P. VIA FAX ABOVE Bury & Pittman VIA FAX ABOVE David McMahan VIA FAX (817) 481-4074 L:\COMRV\VP-PIL=\%M98\98135PA2.WD Page 2 � I � it JG 1 1 1 xis I• }i I t 1 •}�V� I � § a t`3 LLI 0 W f a: atl .•` ` May ! / � 'tt = ��I � ` N = x � A' � �uW lift X hwM)•wod � I ( ly m • ; 4 X /I S 7 7 Y H At M M __. ___�1w _.__.-_--_ ._ T .--------_ _. Y 'L 3A d�/1 T 7 YH 'J LYdt3B 3711/7 I -say* _ rn •• • s AOfe ' i I pi 7 .. xw ; a 3 4 2- 1 II97i{ ICk � v � 1 \ t2 <>> 04 1z ---------------------- IS h1., t t) 1 W i i� \ _ --- --- i •__...1____.__ R mas T 7 r.ma • f -7- as i I i i l. ~9t pppppp��: ;.- L co Y e WVia y, Sal I a J a s 3•iiF kt 'p= et : Zf 7 all $,"iF€tY'' ii� b j f #� _ C.e •_i�.s ;#ai , �ij n= •.a' .. oval# =i•#'�1t$ °°'?$ a{ • {� !f a� a : t��_Ii!$ a� i N:p a$i = � a It!!, if=S'a ; `"# $ { f`•i Y d is� , l�$i i � $€ ta{.�' as #4? t?a iiE {p !aa #Ii�$ ° i; i to $a � :1 f=` tt lilt 11 �!$ 121 ash fq1tit f iili 'a ?$$ a aa4 t �,i Ei !`siI i �$ ��d9�`$ is i alit P =a ail _-- I,"*. sa c ai1Y p= a k.• x $a � �;. 3 e $f � $,R # �_#� $ea� 1 �V$1$is i°;iik r= d I {s} $F- a a= a' ; ax C f i6 I �_ $ € �• �iF $ s�� i €$ � 5 . � x as{� a = I a =�. •# =a s� e ' �� � �• $.#�r3j�� # .a#: � a. � !�� $iis i ! �s#= �$�3 r�� s$� a a$�� �� :$° ! �.� �' �� .��;`A Ea�if. Ir� N � j r ; tgi tF ## a all slit City of Southlake, Texas I = . STAFF REPORT January 29, 1999 CASE NO: ZA 98-159 PROJECT: Site Plan / Gateway Plaza STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Gateway Plaza on property legally described as Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot 31 and a portion of Lot 32, Block E; Lots I through 6, Block D; a public alley, and the following dedicated public Rights -of -Way: Austin Place, Oak Knolls Drive, and Gatewood Lane, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County, Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; Lots 1A, 113, 2, 3A, 313, 3B1, 4, 5A, and 5B, Block A, and a public alley, all being a part of Oak Knoll Business Park, an addition to the City of Southlake; Tract 613, W. E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 313, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, excluding the proposed Lots 4 and 5, Block B, (located in the northwest corner of the site and totaling approximately 2.4658 acres) and being approximately 39.5212 acres. PURPOSE: Site Plan approval required for permitting. LOCATION: On the northwest corner of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709). OWNERS: Southlake Properties, Inc.; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; Mary Louise Albano; Peter and Kristine Johnson; Eugene and Frances A. Bump; Mary Hutchison; Charles Wood; Dennis Carpenter; and Kevin Lawrence Marks. APPLICANT: Lincoln Property Company >r a �`Yr p�Fi> City of Southlake, Texas CURRENT ZONING: "S-P-2" Generalized Site Plan -District with limited "C-3" General Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; 22.2 (16) Lodges; sororities and/or fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include nursing and eare homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (23) Plumbing and heating appliances, repair and installation services...; 21.2 (8) Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and studios; and requiring that Building 13 to be contained in its own lot and to allow single story 0-1 uses only or a sit-down restaurant with table service within the same pavement envelope. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Thirty-three (33) RESPONSES: Four (4) responses were received within the 200' notification area: • Thomas C. Reilly, 120 Austin Place, Southlake, TX, in favor. (Received December 31, 1998). • Peter L. Johnson, 2721 Oak Knoll Drive, Southlake, TX, in favor, "The plan is consistent with the city's vision of quality retail/ commercial growth within the designated corridor between 1709 & 114." (Received January 4, 1999). • Mary Louise Albano, 2702 Oak Knoll, Southlake, TX, in favor, "I am in favor because the rest of the neighbors were in favor, but I think its a shame when big money can come in and disrupt beautiful neighborhoods. Soon there will be nothing left but concrete." (Received January 5, 1999). • Cindy Jane Suski, Route 41, Box 49B, Saint Jo, TX, in favor. (Received January 6, 1999). P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. "1C�a` City of Southlake, Texas 0 L January 14, 1999; Approved (5-0) subject to Site Plan Review Summary No. 1, dated January 11, 1999, accepting Item #l.a.l (driveway spacing) as shown on the plan; accepting Item #l.b (Drive C5 to State Highway 114) as shown on the plan; accepting Item #l.c (Drive C6 stacking depth) as shown on the plan; deleting Item #1.£2 but recommending speed bumps be installed along the western -most drive but requesting comments from DPS or Fire Marshal as to whether or not this is appropriate; accepting Item #3.a (bufferyard on the north side of Lot 26R, Oak Knolls) as shown but requiring the required plantings to be placed along F.M. 1709; accepting the applicant's commitment to relocate the required plantings for Items #3.f (bufferyard along east line of Lot 1, Block A) and #3.g (bufferyard along west line of Lot 2, Block A) along F.M. 1709; amending Item #3.h to read: "Provide the attached bufferyard and interior landscape charts on the plan and comply."; on Item #4.a (articulation), accepting SP.5 as proposed and accepting the applicant's commitment to comply with all other articulation requirements; allowing Item # 14 (screening of loading docks) as shown; and changing the wording on Page 2 of the narrative to read: "Buildings on outparcels (Block A, Lot 1, 2, and 3, Block B, Lots 4 and 5) will be required to have similar materials to the shopping center and be considered to be architecturally compatible." STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated January 11, 1999, with the exception of those in the attached Site Plan Review Summary No. 2, dated January 29, 1999. L:\COMDEVNWP-FILES\MEMO\98CASES\98-159SP.WPD 7C -3 1 Ml .234 TR I "I 5J2 a Ac 'R 59 Ic 4150 im Ac Id E5 a 5B6 5m as m . 3c TR T.EASTER F- SURVEY A-458 Rg TRACT MAP • I N ' 1 cl � o 1N3&1013A30 OX �� 4 7 _ n W O O Z W^ s Q Z ni` 2 Q 41 W , '� n ` F Y O U Z K 2 U K rl (L ' n • Q � N � �' n� SI t� K O'� r� m r � • cc v �N i a rc W n • _ cn 1 Z +7 • ' vi,n ,� O � m � ON n • O Yn W ti ui 1 Z N o •� ti o I W N l ( c- 60 Lu- cc lam/ �0p X w a .z LL T 1 M O , , O N� .`y y 10 W a O W • W „ t .CYiI 1 r O cc a ti U O '-S -V O 1 : N �� ------ ---- I n m = M RK 1 ~ o (� ¢ 6 1 d w CO Cl)c In uj x •} 3 0� U e t cc iim n: Q N O Cc 0 / 3NOz 1SAS 30 N W315A5 31VNIaHOIOi1000 3NVld 31VIS SVX31 09-V—OZ lZ ' y-$ IM03 lindou WIGNTI 4 =E {_ Nisa� d0 SPIDfdo�[esQ Y ; S 3 ! {! " T � �= W� opt SYZBL-nrmOOS '` . t z E i iii• - 0 00 00 0 0 000000 a ,iap# w• a 9 o❑ 00 0 so JA a a r U Z ,a t tea` - ► ,:- ' j t� w■ *rsr �p � N �� /� / //: % �,� :� ��— \��\• /ice �� � =its -it LU Q Y Al- / %--ji' o �p•• �. �� %� -�} lam_ ! W Or ;r � ������ .�i a _...•_ •= -� Kim - t • i �a �+ � � r `.f�,% � ' a s� ''_ , Jam— � / !v r1 � • , y ��C.Z Q rill mil ■ liltillifiRill lit a w ■ it -i.1111M]WIM 5WrrUs It. + r J ! + _ •• r _ yt� �+ a�411 cur: U � is •�_ ° — e i:,i .�, ..� /.: �� a % 1 It w .........ter — _ City of Southlake, Texas Case No.: ZA 98-159 Review Nb Date of Review- 1129/99 Project Name: Site Plan Gateway Plaza"`° GatewU'Plaza Addition Lots 1 - 6 Block 1 and Lots 1 - 4. Block 2 Gateway Plaza Addition - APPLICANT: Lincoln Property Co. Z300 Lincoln Plaza. 500 N. Akard Dallas Texas 75201-3394 Phone • 2 4) 740-3343 F x 214) 740-3451 Attn: Todd McCov ARCHITECT: O'Brien & Associates 5310 Harvest Hill Road Suite 136 Dallas. Texas 75230 Phone: (972) 788-1010 Fax : (972) 788-4828 Attn: Jack O'Brien CITY STAFF HAS REVIEWED T IE-ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/25/99 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. The following changes reflected on this revised submittal, were not presented to the Planning and Zoning Commission: • The number of pad sites in Block 2, increased from 3 to 4. • The number of proposed buildings in Black 2, decreased from 5 to 4: • The amount of square feet in the buildings of Block 2, increased by 4,000 square feet. * Additional site plans will need to be processed through the Planning and Zoning Commission and City Council prior to the issuance of a building permit, as follows: • Elevations for Building 1 (I-storyrestaurant) southwest corner Lot 4, Block 1 - This plan shows all improvements, including parking, landscaping and building footprint. Elevations have not been submitted at this time. As this is part of a larger lot, further processing of this site must substantially conform to the current Site Plan, as approved. • Site Plan for Lot 1, Block 1 - No improvements are shown on this plan. As noted in the narrative, some grading will take place on this lot. • Site Plan for Lot 2, Block 1 - Drive J will be constructed along the west property line, no other improvements are shown on this plan. As noted in the narrative, some grading will take place on this lot. • Site Plan for Lots 1- 4, Block 2 - This plan proposes bufferyards, interior landscaping, driveways and general layout of parking and building pads. Elevations have not been . submitted at this time for any of these buildings. Y .RcX�� city M boutnlaKe, i exas • -1: The following changes are needed- regarding the Narratives - The narrative should be revised (# 17 Lot Descriptions) to clarify, the speCific- - improvements for Lots 1' - 4, Block 2. It appears the addition of Lot 4 was not addressed in the grading and paving improvements proposed and Lot 3 information -is -conflicting. Clarify the term, "and paving installed", i.e. primary or secondary driveways, fire lanes, parking lots, etc. a. b. Staff recommends that the narrative presented by the applicant be approved as part of this Site Plan submittal with the following caveat: "In addition to the development regulations approved with the SP-2 zoning, the underlying zoning district, -and this Site Plan, as approved, the additional development regulations noted in the narrative shall be required on this development. When any requirements in the narrative are in conflict with any other requirements, specifically approved by Council, the more stringent requirements shall apply." 2. The following changes are needed regarding driveways ingressing and egressing the site: a. DRIVEWAY SPACING - 1. Provide the following required spacing between driveways along F.M. 1709: Drive to Drive ' - Required Auuroved Proposed Change Comply Or Drive to Int, Spacing on CP . on Site Plan w/ rd. West of A to A 500' 180' 202'* +22' NO *Site Plan proposes increased spacing. A to B 500' 500' 462'* -38' NO * Site Plan proposes decreased spacing. B to Gateway 500' 498' 502'* +4' YES *Site Plan proposes increased spacing. Gateway to D 500' 239' 247'* +8' NO *Site Plan proposes increased spacing. Drive "D" is right-in/right-out only. D to E 250' (R-I/-O) 484' • 399'* -85' YES *Site Plan proposes decreased spacing. E to F 250' (R-I/-O) 186' 253'* +67' YES *Site Plan proposes increased spacing. F to S.H. 114 500' 186' (R I/-O) 199'* +13' NO *Site Plan proposes increased spacing from intersection. (P&ZAction 1114199: Accept driveway spacings as shown on the plan.) kpa-el-i " 5 at u�M f r P _ ; s"�'- :�trtn . -. t a�at 9E a"•+�iL: I]°��' .,�,+. bra 7 p GM K y= y `„SJi'4iz F �- City of Southlake, Texas b. Provide the following required spacing between driveways along-.GatewayDrive:. -- -� Drive to Drive or -B lt![ Approved Proposed Change Comply Drive to Int. Spacing on CP on Site Plan w/ C5 to 1114 -200' 140' 130'* -10 NO *Site Plan proposes decreased. spacing. (P&Z Action 1114199: Accept driveway spacing of Drive C5 to State Highway 114, as shown on the plan) C. STACKING DEPTHS 1. Provide the following required minimum stacking depths for driveways: Driveway -Required - - ' Approved Proposed Chanffe COMPLY Stackine on CP on Site Plan w/ Ord, C6 150, 787135' 897130' - NO (P&ZAction 1/14199: Accept stacking depth on Driveway "C6" as shown on the plan) d. _ Staff recommends realigning the western most drive to discourage cut -through traffic. (P&ZAction 1/14199: Delete requirement for realignment and recommend speed bumps be installed along the western -most drive if considered appropriate by DPS or Fire Marshal.) NOTE: The revised plan shows speed bumps along the western. most drive. e. Label the 30' radii at Gateway Drive and S.H. 114. * All proposed right-in/right-out driveways must be designed to meet the minimum dimensions of the Driveway Ordinance, No. 634, Appendix 5. Label the right-of-way on or adjacent to the site as follows: a. a Dimension Norcross Drive right-of-way, noting the type and width of any pavement. A right -turn lane was shown on the approved Concept Plan at the intersection of Gateway Drive and F.M. 1709. Show the right -turn lane. Expand the right-of-way width on the west side of Gateway Drive at the intersection of FM 1709 in order to maintain a consistent parkway width. This should also be reflected on the plat. Provide a decel lane west of 'Gateway Drive (Drive "C'). The three west bound-` deceleration lanes proposed at Drives C , D and B should be designed to pro�de 12 feet of right-of-way for 150', with a 150' transition, unless otherwise determined by staff. . This right-of-way is in addition to the existing night -of -way along existing NOTE: Proposed driveways cannot be located within the transition area of a deceleration lane. City of Southlake, Texas d. Dimension S.H. 114 & F.M. 4709 pavements, noting -type -.of pavement and parkway widths. 4. The following changes are needed regarding bufferyards and interior landscaping: a. Provide a 25' - Type J -Bufferyard on the north side of Lot 26R, Oak Knolls, south and adjacent to I.H. 114 right-of-way. This plan shows approximately 10' of shaded bufferyard area for a distance of 100.29', with no label for the type of bufferyard. (P&Z Action 1114199: Accept bufferyard, north of Lot 26R, Oak Knolls, as shown and place the required plantings for a Type "J" Bufferyard along F.M. 1709) b. Provide a 10' - Type B Bufferyard on the east line of Lot 3, Block 2. This plan shows a 5' Type "A". (Type B is required because the underlying zoning is "0-1" on the comer lot.) NOTE: This comment added after P&Z due to the change in lot lines of Block 2. C. Provide a 5' - Type A Bufferyard along the east line of Lot 1, Block 2. This plan shows a common drive and no bufferyard. (P&ZAction 1114199: Accept the applicant's commitment to relocate the required plantings for the Type "A" Bufferyard, along the east line of Lot 1, Block 2, along F.M. 1709) d. Provide a 5' Type A Bufferyard on the west line of Lot 2, Block 2. This plan shows a common drive and no bufferyard. (P&ZAction 1114199: Accept the applicant's commitment to relocate the required plantings for the Type "A "Bufferyard, along west line of Lot 2, Block 2, along F.M. 1709) e. As approved on the Concept Plan, insure that the area and plantings of the required Bufferyard between Lots 3 and 4, Block 1, are placed on the perimeter of the site. Three areas are labeled as "Relocated Bufferyards" and "Landscape to replace Bufferyard". Staff recommends adding a "Relocated Bufferyards" chart to the site plan and the areas be specifically labeled, as approved. f. Show and label on the graphic the South 1, South 2 and South 3, bufferyards noted in the Summary Chart - Bufferyards for Lots 3 & 4, Block 1. g. Correctly show the 25' Bufferyard in the northwest corner of Lot 3, Block 1, it appears only 20' is shown. h. Correct the amount of interior landscaping required and provided to 2,000 s.f. for Lot 1, Block 2, (50% of the building area). I. Verify the method used to establish the Interior Landscape area required and provided in the Interior Landscape Chart for Block 1. It appears an additional 500 s.ff is required, ,� contact the Landscape Administrator, Keith Martin, to clarify. City of Southlake, Texas I NOTE: A 10' - Type B Bufferyard is required, along the west line of this development. The'---. applicant is showing a 20' Type _B_Bufferyard with a 20% reduction in the plantings, as permitted by Section 42.4.£ offfie Zoning Drdinance. This increasedwidth and request for reduction was r not reflected on the previous submittal. * Any future lotting will require a revised Concept Plan and/or revised Site Plan to insure that all bufferyards are provided adjacent to property lines. 5. The following changes are needed regarding the elevations: a. Provide horizontal and vertical articulation incompliance with Ordinance 480, Section 43.9.c.1.1. compliance is as shown on the attached chart. NOTE: The applicant has changed the texture and patterns on the west walls at the west property line from the previous submittal. (P&ZAction 1/14/99. _Accept articulations as shown on sheet SP.5 and accept the applicant's commitment to comply with all other articulation requirements) b. All loading docks for tractor/semi-trailers must be screened of view from adjacent rights - of -way with a minimum 10' masonry wall similar to the front building facade. Loading docks for the north facade of Building 8, west end, (Sheet No. SP.2.03) do not appear to be appropriately screened. (P&ZAction 1114199: Allow loading docks as shown) C. Clarify the corridor shown on the West Facade Plan (Sheet No. SP.4.02) at the southwest corner of Building 8. It appears to be a corridor between Building 8 and Buildings 7 & 7A. d. The use of tilt wall construction is prohibited in the Corridor Overlay Zone, Section 43.9.c.1(a). This plan proposes concrete tilt wall construction on the walls interior to the `.service corridor", to the rear of the buildings, and along the west ends of Buildings 2 and 18. (Comment added after P&Z action.) e. Extend the dashed line indicating the "Extent of Textured Painted Tilt Wall" to the rear of the "50' X 65' Loading Dock", as shown on the elevations. f. Any change in the building elevations must comply with Articulation requirements and may require approval by P&Z and City Council. The narrative (# 3 - Building facades and articulations - Main Buildings) states, "Vertical wall heights may be modified slightly to accommodate screening of mechanical units as contract documents are developed." The narrative also includes alternate elevations for various building combinations. IC-1 1 F 4` City of Southlake, Texas 6. Provide or correct -the following adjoining property information: ' • Lots 4 & 5, Thomas Easter No. 474 AdditionShurgard:deveopment, zoned-SP2 • Lot 1, Block B, Commerce Business Park, zoned I-1 • Lot 1R1, Block A, Commerce Business Park;,zoned I-1-.:; • Lot 1 R2, Block A, Commerce Business Park, zoned SP 1 • Lot 3, Black B, Southlake Properties Inc., east of Crooked Lane is incorrect 7. Show and label all pedestrian walks, malls, and open areas for use by tenants or the public. The narrative refers to (# 8, Pedestrian Circulation) sidewalks and walkways being connected throughout the development to the trail along F.M. 1709. Note the width and type of surface material for each. Eliminate any sharp angles on the trail, such as between drives "B" and "F". Staff recommends meandering the trail within the right-of-way. 8. Provide or correct .the. information: shown in the Site Data Summary Chart, including: (The information shown in the Chart appears to be correct unless specifically noted below.) a. Regarding the zoning Note* add the following information: • "Lot 4, Block 2, restricted to single -story "04" uses only or sit down restaurant with table service. • No more than.2 fast food.drive-through windows .except for building 13, if it is a bank. b. Correct the number of required loading spaces to "3", instead of 4, for Lot 3, Block 1. Correct the number of required and provided loading spaces to "I", instead of 0, for Lot 2, Block 1, (13,905 SF Retail). C. Verify the parking information provided and correct the charts as needed. It appears the handicap spaces were counted twice towards the total and other numbers conflict. Area 10% Reduction Standard Total Blk 1, Lot 3 485 442 509 Blk 1, Lot 4 1115 1089 1103 Block 1 Total Bldg. Area 336,873 1531 1612 NOTE: The proposed number of parking spaces does not exceed the parking spaces required by the ordinance. d. The amount of square feet proposed on Lot 4, Block 1, for "South Restau_ rant" exceeds that shown on the building footprint. The graphic shows 15,581, and the chart bows 18,08l Verify the correct number. City of Southlake, Texas e. Verify the amount of "-Area of Open Space Required" for Block 2. R appears the required area is 83,874.35. f. Site Data Summary Gross Acreage Net Acreage Number of proposed lots Area of Outside Storage Percentage of Outside Storage Block 1, Building Area - (Provide on a per lot basis) (Provide on a per lot basis) 8 0 0 336,853 9. Label the type of surface material for drives, parking, storage areas, etc. 10. Note the type and height of screening device on all dumpsters. Dumpsters must be screened by a minimum 8" masonry wall similar -to the primary structure, including dumpsters and compactors in service corridor. 11. Show, -label, and dimension easements, as approved on the plat. 12. Section 22.5.h. of the Zoning Ordinance requires that, "all business shall be conducted entirely within a building". The site plan shows a "Seating Area" south of Building 6, 1 Story Restaurant. Provide more information regarding this proposal. 13. Specify the purpose of the "60' Easement" located in the service corridor. P & ZAction: -January 14, 1999, Approved (5-0) subject to Site Plan Review Summary No. 1, dated January 11, 1999, as noted above and with the following modifications: • change the wording on Page 2 of the narrative to read: "Buildings on out parcels (Block 2, Lot 1, 2, 3, and 4, Block 1, Lots 4 and 5) will be required to have similar materials to the shopping center and be considered to be architecturally compatible. " * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709 or S.H. 114. * 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. It may be necessary to process Plat Vacations on the currently platted lots to eliminate unwanted easements. A 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, Roadway Impact Fees, and related Permit Fees. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. J City of SoUthlake, Texas If required, new submittals for the next scheduled r6caim--iiiih- kici 12i,-5:00 PMon2/8/-99. lf,not ,received bytbaitime, fi I die' w-iew will bsi.prep'46d, until the '-f6ll6wing- submittal schedule. All 17 revised- subminds-roust be. folddd 6" x-9" and an 11 F1 x 1711 revised reduction must be provided. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. , Denotes Informatimial Comment att: Articulation Charts cc: Todd McCoy Jack O'Brien Terry Wilkinson L-\COMDMWP-FILES\REV\99\98159SP2.WPD City of Southlake, Texas Articulation Evaluation-No.2 . Case No. ZA 98-159 jDate of Evaluation: 1/29/99 i Elevations for Gateway Plaza lReceived: 1/25/99 i South Elevation* Wall ht. = 24 Horizontal articulation Vertical articulation Requiredl Provided Delta Okay? Required -Provided Delta Okay? Max. wall length 72 71 -1% Yes 72 71 -1% Yes: Min. artic. offset 41 41 00 Yes 4 4 0%� Yes; ;Min. artic. length 12 7 -42% No 12 7 42% No! Includes.Sheet No_SP.2.05 & 06 -Building 8, SP.3.01- 06- Buildings 2, 3, 3A, 4, 5, & 5A, and SP.4.03 & 04 - Buildings 7 & 7A. North Elevation* lWall ht. = 24 1 i Horizontal articulation Vertical articulation Required; Providedl Delta' Okay? Requiredi Provided Delta Okay? 'Max. wall length j 72 45 -38%' Yes! 72 45 -38% Yes` tMin. artic. offset 1 4 4' 0% Yes' -' 41, 2 -50% No ';Min. artic. length j 9 { 10E 11% Yes 91, 10 11%j Yes' * Includes Sheet No. SP.5.01- 06, Buildings 14, 1 5, 16, 17, & 18. j ' (P&ZAction 1114199. Approve articulation as shown on north Elevation, Sheet SP.S.) West Elevation* Wall ht. _ 28 !Horizontal articulation Vertical articulation , E Required; Provided! Delta' Okay? Required: Provided Delta' Okay? Max. wall length _ 84 183 118%1 No; 841 Min. artic. offset 4 j 41 0%. Yes' 4 1831 1 118%; -75W No; N Min. artic. length 21 20 -5% Noi - 21 0• 400% No * Includes Sheet No. SP. 6.01- 06, Buildings 18, 2, 3 & 3A. 1 Building 7 & 7A - East* Wall ht. = 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay?` Max. wall length 60 71 18% . No Min. artic. offset 3 4 33% Yes 3 5 67% Yes Min. artic. length 15 20 33%1 Yes 15 20 33% Yes * Includes Sheet No. SP.4.05 & 06, Buildings & & 7A. Building 7 & 7A - Entry Articulation is not required on this small portion of a wall. 98159a2.xls City of Southlake, Texas ;Building 8 - North* Wall ht. = 26 ; i Horizontal articulation Vertical articulation Requiredi Provided Delta Okay? Requiredi Provided Delta Okay? ;Max. wall length 78 1 39 -50%= Yes 78 39= -50% Yes; IMin. artic. offset 4 4< 00% Yes. 4 41 0% Yes; IMin. artic. length 71 7 0%1 Yesl 7 1 7i 0% Yes' ' Includes Sheet No SX.2.03 & 04, Building 8. Building 8 - East* Wall ht. = 26 Horizontal articulation Vertical articulation Required t Provided Delta Okay?' Required , Provided, Delta Okay?' ;Max. wall length 78 39 -50%1 Yes 78 1 391 -50% Yes' `Min. artic. offset 4 4; 0%; Yes; 4 4 0%1 YesE Min. artic. length 71, 7 0%' Yes, 7 7€ 0%1 Yes; * Includes Sheet No. SP. 2.01 & 02, Building 8. :Building 8 - West* s i ;Articulation is not required as this wall is not visible. Includes SP.4.01 & Building 14 - East* 'Articulation is not required as this wall is not visible. Includes SP.6.05 & Building 6 - All Facades* i Wall ht. _ ; 211 j Horizontal articulation Vertical articulation i Requiredi Provided Delta Okay? Requiredi Provided Deltas Okay?l Max. wall length 63 20 -68% Yes 63 39 -38% Yes Min. artic. offset 3 3 0% Yes 3 4 33% Yes Min. artic. length 5 6 20% Yes 7 7 0% Yes * Includes Sheet No. SP. 7.01- 07. (P&ZAction 1114199. Accept applicant's commitment to comply with all other articulation requirements 98159a2.xls City of Southlake, Texas TREE PRF,SERVATION ANALYSIS (Non - Residential Development) Case No: 98-159 Date of Review: 1 - 14 - 99 Number of Pages: -1 Project Name: Gateway Plaza (Site Plan) APPLICANT: Lincoln Property Company 300 Akard St., Suite 3300 Dallas, TX 75287 Phone: (214) 743 3106- - Fax: (214) 877-9099 SURVEYORS/PREPARED BY: O'Brian & Associates 5310 Harvest Hill Road, Suite 136 Dallas, TX 73230 Phone: (972) 788-1010 Fax: (972) 720-1058 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 PROTECTION COMMENTS: Pleas be aware that possible tree mitigation is pending and shall be determined before a Building Permit is issued. At this time the property is still being surveyed and trees are being located. 2. I have meet with the applicant and walked the areas in which they intend to preserve. He has also stressed his concern of being able to grade Block A and Block B, Lots 1 & 2, at the same time. Please look at the submitted Grading Plan. There are very few protected trees in Block A, Lot 1. They are all Mesquite, Hackberry and Bois d' arc. East of the building on Lot 2 of Block A is a drainage ditch. This area is intended to be preserved. It contains Pecan, Soapberry, Flame Leaf Sumac, a few Post Oaks and Cedar Elm. If the greenbriar and trash is cleaned out of this area it will be a great improvement and improve the condition of the existing trees. 3. To date the applicant has been making a good -faith effort to help preserve as many protected trees as possible. He has stated that because of the extreme grading that will have to occur on the site the transplanting of existing trees would be a viable alternative and is within the budget scope of the project. * Indicates informational comments # Indicates formal information that may be passed onto Planning and Zoning and Council--.*. BUILDING INSPECTIONS L:trea/dre-9&98-159r v:- _0 0 0 0 0 0 0 0 0 0 o a o 0 ? '• WYdfl00 1JttadOSSd N903NCI ao iNaedom"a Y- W ii 691-96YZ VON SSYo SYXB.L 'a[Y'IHjLaos cam.t! vzvll xvk Jd N L� t .►4 .n cv v InIll HAthM+W '� � .�: TIIINI�IIIIF o ❑ ❑ ❑ o ❑ ❑ ❑ o ❑ o ❑ o'M o ❑ ❑ o.❑ Cl ❑ tNYdlfO3 ,UX3dOfld N70M :da LN3RdOl3A3a V ' F� � ; x N SYX31 '8Ntl'iFiJ.fIOS _ ■ _ A:j��!! �t I: too� dZVld kVARLV6 E C, o ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ �' o o ❑ ❑ ❑ ❑ V❑ 1 _ ■ ■ ?! ■ 1 ■ ! tEl ■` t . jLAx;_w ❑ ❑ ❑ ❑ ❑ ❑ ❑ a ❑ ❑ ❑ ❑ ❑ o,, ❑ ❑ o ❑ ❑ ❑ o Z ANVdWO3 AU3dOHd M'lO?Nfl f Q" ! 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Senior Planner. 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Gateway Plaza Addition on property legally described as being Lots 1 through 14. Block E; Lots 20 through 22. Block E; Lot 26R, Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public Rights -of -Way: Austin Place, Oak Knolls Drive, and Gatewood Lane, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County. Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County. Texas; Lots IA, 1B. 2, 3A, 3B, 3B1. 4, 5A, and 5B, Block A, and a public alley, all being a part of Oak Knoll Business Park, an addition to the City of Southlake; Tract 6B, W. E. Mayfield's Subdivision. according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 43.3217 acres. PURPOSE: Purpose of this preliminary plat is to create lots in order to get a building permit. LOCATION: On the northwest corner of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709). APPLICANT: Lincoln Property Company OWNERS: Southlake Properties, Inc.; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; Mary Louise Albano; Peter and Kristine Johnson; Eugene and Frances A. Bump; Mary Hutchison; Charles Wood; Dennis Carpenter; and Kevin Lawrence Marks City of Southlake, Texas CURRENT ZONING: "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses: 22.2 (16) Lodges, sororities and/or fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include nursing and eare homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers: 22.2 (23) Plumbing and heating appliances, repair and installation services...; 21.2 (8) Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and studios; and requiring that Building 13 to be contained in its own lot and to allow single story 0-1 uses only or a sit-down restaurant with table service within the same pavement envelope. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Thirty-three (33) RESPONSES: Five (5) responses were received within the 200' notification area: • Thomas C. Reilly, 120 Austin Place, Southlake, TV in favor. (Received December 31, 1998). • Peter L. Johnson, 2721 Oak Knoll Drive, Southlake, TX, in favor. "The plans, developer, and land partners are quality and should be permitted to proceed. I cannot imagine a more favorable circumstance for the city." See attached letter. (Received January 4, 1999). • Cindy Jane Suski, Route #1, Box 49B, Saint Jo, TX, in favor, "I want this property finalized and sold so I and the other owners can get on with our lives!" (Received January 6, 1999). • Catherine A. Jurgensen, 4138 Willow Grove Road, Dallas, TX 75220, no opinion given, "I no longer oven property in Southlake. Please drop me from your mailing list." (Received January 12, 1999). • John Michael Tate, D.D.S., 3101 E. Northwest Parkway, Suite A, Southlake, TX, undecided. See attached letter. (Received January 29, 1999). P&Z ACTION: January 7, 1999; Due to Case Resolution No. 97-22, this case was 9� 4 City of Southlake, Texas not heard and was continued to January 14. 1999. January 14. 1999 Approved (5-0) subject to Plat Review Summary No. 1, dated January 11. 1999. deleting Item 410.e (perpendicular or radial lot lines). STAFF C01MMENTS: The applicant has met the requirements in Plat Review Summary No. 1, dated January 11, 1999, with the exception of those listed in Plat Review Summary No. 2, dated January 29, 1999. L.' CO%IDEV\W P-FFILES` NIEMO\98CASES\93-160PP.W'PD 31 Q., 9H If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas .............................................................................................................................................................................................................. 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 98-160 I am in favor (opposed to)) (undecided ab/out)/ the request for the following reasons: %Z► e n !C it) 5 //.. 0-e o D?� , /i �n /� l �tOl �1i5 Q 1%e jCe i v � l wt r,,•, � _'* IAj klt,�P SIGNATURE: (Please Print Name) J� fil�li� - J ©HJ v' v ADDRESS: C�� �1 q�� �i tGt t-, IUo[L %%1z- PHONE: O I-7 4 (� S 8 2 fi b 112 wed��� T -YccP - 77c-e ellr- Johnson, Peter L Etux Kristene 2721 Oak Knoll Dr Southlake Tx 76092 /'j C O K"vou 5 ords�c>u.� A/Ze c Gv � � AZWc' 7'11 1,1 f (✓ L" JOULN MICHAEL TATE, D.D.S. STEVENS. BABER, D.D.S. r 3101 E. Northwest Parkway, Suite A Southlake, Texas 76092 817/481-6364 ianua; r Z9,1999' REF: ZA98-160 Dear Sir: Please find enclosed copies of present and proposed changes to Oak Knoll Professional Building. I apologize for this information coming to you so late in the review process for Gateway Development. It has just come to my attention in the last two weeks that the proposed replat and alignment of Gateway Drive will affect more parking spaces with my present professional building than the original one or two spaces that was originally projected. I continue to be supportive of the project but I definitely need both you, the City Representatives of Southlake, and Terry Wilkinson to help me overcome the obstacles. I presently have 27 parking spaces, but with the new proposed right-of-way and green space plus curb cut I would lose all thirteen (13) parking spaces along the Gateway Drive side. The Oak Knoll Professional Building represents my "bread and butter. Not only do I have an obligation to my family, but to my patients, staff, and tenants as well to maintain the functional inte-r±tv of this bu±ldinq. This build±n= was bll±it in 1985 and occupied in February 1986. With the loss of parking spaces in the new right of way, my present parking wouid have to be reconfigured both in front and back to serve our present building. Two curb cuts would be required along Gateway Drive as detailed in the concept plan. i will need numerous variances from present code for this to work. Many issues still have to be worked out and I am confident that they can be. Issues such as temporary parking during the construction phase, relocation of utilities with out interrupting tenant needs or patient care, safety for ail concerned and a project that we can all be proud of are just a few of the issues that I look to you and Terry Wilkinson to assist us in. Thank you for your help. Please remember, I am a dentist that loves what I do. lam not a developer. I need your guidance and assistance in making this project work for all parties involved. Sincerely, John Michaeftate, D.D.S. =- RECID JAN 29 10-99 %-5 �Q rl - GYI�/*a.-"*" --f iA r a 31 A i A � IT ' �s 0 h_ 9 T.EASTER .V- SURVEY A-458 -- - TRACT MAP I r t (r, ALA ` m� 21 20-460 TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENIRAL ZONE .0 o m Crn cn ai n > � m O T m m X � m U, N C. a e -c M ' I'll m > y 2' O a L1 9 � � N t NPA `1A rn �O n ( \N N Z j' W o mx JI City of Southlake, Texas PLAT REVIEW SUMMARY No: ZA 98-160 Review No: Two Date of Review: 1/29/99 Project Name: Preliminary Plat - Gateway Plaza Addition - Lots 1 - 6 Block 1 and Lots 1 - 4. Block 2, Gatewav Plaza Addition being 43.3217 acres out of the Thomas Easter. Abstract No. 458 and No. 474 Survevs APPLICANT: Lincoln Property Co. 3300 Lincoln Plaza. 500 N. Akard Dallas Texas 75201-3394 P ne (214) 740-3343 Fax • (214) 740-3451 Attn: Todd McCoy SURVEYOR: Raymond L. Goodson Jr.. Inc. 6445 La Sierra Suite 300 L.BI 17 Dallas Texas 75231-4136 Phone: (214)739-8100 Fax 214) 739-6354 Attn. Stuart Markussen CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/2 /98 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. 3 C4. The following lots do not appear to meet the requirement for perpendicular or radial lot lines: Block 1,Lots 1,2,3,&6. (P&ZAction 1/14199: Allow lot lines as shown.) The following changes are needed regarding right-of-way dedications and interior street geometry: a. Show and label an adequate right-of-way dedication for deceleration lanes east of Drives "B" and "D" and Gateway Drive. (Confirm the need for additional rights -of -way with Public Works Staff.) b. Show and label the existing right-of-way with dimensions. Also provide dimensional centerline references to existing or approved street intersections on the perimeter of the subdivision or within 200 feet of the perimeter. Show additional right-of-way dedication at the intersection of Gateway Drive and F.M. 1709, to accommodate a right -turn lane, consistent with the Site Plan approval. d. Revise the right-of-way at Gateway Drive and S.H. 114 to eliminate the corner clips. e. Label "Gateway Drive". Revise the second "Note" regarding existing structures to correspond with the new lot numbers. Remove the third "Note" regarding building setbacks. Verify the bearings on the graphic from the northeast corner of proposed Lot 6, Block 2, to the south line of Lot 3, Block 2. There are some discrepancies between graphic and legal description. L:\C0MDEV\WP-PILES\RSV\98\98160PP2.WPD 9.0-11 Page 1 City of Southlake, Texas Show and label Lots 4 & 5, Thomas Easter No. 474 Addition. Shurgard development, south of F.M. 1709. The existing building on Lot 6. encroaches into the 50' building; line along S.H. 114. This structure will become nonconforming with the filing of the plat. The applicant may request a variance through the Zoning Board of Adjustment. 7. The following changes are needed regarding easements: a. Provide easements for water. sewer and/or drainage as required by Public Works. b. Provide common access easements in accordance with the approved Site Plan. (No. 483-3.07- E) C.A.E. should be two foot wider and centered over drive lanes crossing between lots. It appears C.A.E.'s are needed between Lots 1 & 2, Block 1, Lots 3 & 4, Block 1, and Lots 1 & 2, Block 2. C. Evaluate the required west perimeter U.E. for impact on trees and whether another easement location would provide adequate service. P&Z Action: January 14, 1999; Approved subject to Plat Review Summary No. 1, dated January 11, 1999, as noted above. Plat vacations must be completed prior to filing a final plan on any affected properties. r * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479 and execution of the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 on subsequent Plats to be filed in the County Plat Records. * If required, any new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 2/8/99. 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 "z 17" revised reduction must be provided. * Denotes Informational Comment cc: Todd McCoy Stuart Markussen Jack O'Brien Terry Wilkinson L:\CINmDEV\WP-PILES\RSV\98\98160PP2.NPD 9D- IL Page 2 I i i i i i e s jl ; ! 'gild zi iM �• � � 31 4 � > > i ' � 1q i 'j Ii a i ' atf li C ail Y 1i.• i� a I l l r l l e i �. 1],;� ;l �� j a >< �t ! i� e 3 i 4 4 9 �td (� t l Ir tt) � a. D ',jt jil t ''it�iiii;s�,�,��_,'E;;!j a i i i i i as i 11 tlalj' 111 l� ' i ie i! i i! i i, i! t i,! !it �1! a FF«7� as lltii 'ir � j j # j j j! '� 1 t�i 1 i! 1,z t, � ? •1 e e 2 = ? 3 c a c ?t� ei : : : :iF 1'•: <�N oo�Cl.'� a ,i t t 1 t f � f 1 1 ! r 11 1 1 t t+1 =• y03 iIt 1 I It 1t It 1'ji�,,t 1, 1 ,t i !{ it, i ° li a f• F F� i• ��'(� t• ��; it °'� isa; 3 Il, j E j11 �; , }t it qm tiYw u 1 j CDs rn t at ''.I +t 1, ,t• ,� , t+ t i t t t t t i t t +. t i t 1 1 t � �iF�t� S t� tt t; t; t t i6� tt t11t j{il, � tit it tl fti t t t t t i t�� t'1 t t fi t1 it{t e jll t f ' ; 1 its if 1',' s 7 :�� a�j; it I� f; {� jt jt ji iij �, i'• t; �� i� ;� , ! `{ . { :, R 11 tt all t + 1, ! { a a �) la E:2 sl s z1 zl =1 it ii , a a ! a t l i k, $iLi lilt 1111 ul $11; 1$ p p p $ Its ., , It tl i•i i ,,I� t ' 'I s I i r 1 � � .,� ' Sr. ! '1 t! ;j+'a�`ii•jij�{j �f� ► r � � �� ��� �i �"; , ' . li.� � , � �� �,, \ �NI It Va. i ti l 1� 9 , w `\1� � l�12 it 1 1�1�d+jjl� Ii ♦, 1:� ti �'� J a� i L 1# all at t ' \ aii fit '�j,�}�i{l�l� I�j 1 0. � •- >!5 � 1i\ �. g \�''� � sit j' RR3 it �a 1 CONN6RC6 ST. e i i L —.ni e �CIQ I I ,I S �I I� I I I I I I 1 1 t< i � At t � I t Ili skki ' I u131y � I i Air I ' ; � i I Ce. a tit r 1 % Iti tl E a '•ll! 1 ii � r �lli r 96-I ri�sair City of Southlake, Texas MEMORANDUM January 27, 1999 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director Public Safety SUBJECT: Request for Conditional Sign Permit for Gateway Plaza Development Action Requested: City Council consideration of request for Conditional Sign Permit. Background Information: Mr. Jack O'Brien of O'Brien and Associates, architect for Gateway Plaza, has applied for a Conditional Sign Permit in order to establish special sign criteria for that development. The Sign Criteria booklet is intended to provide the rules they wish to request and a comparison to the sign ordinance standards. See attached documentation for staff review of their submittal. Paul Ward, Charles Bloomberg and myself met with Terry Wilkerson an (60., O'Brien Associates on January 29, 1999 to clearify some issues (see attached memo from Paul Ward). It is our understanding that Mr. Wilkerson has discussed this permit issue with several council members because of its complexity. Mr. Wilkerson will present this agenda item. Paul Ward, Charles Bloomberg and myself will be on hand to assist the council in this matter. Financial Considerations: Not applicable. Citizen Input/ Board Review: No citizen input has been received. Not subject to board review. Legal Review: Ordinance 704-A, Sign Ordinance, section 6 permits council to grant Conditional Sign Permits. Alternatives: The council may approve the conditional sign permit as requested, grant the request subject to whatever changes or conditions they deem appropriate or they may deny the request. supporting Documents: Sign Variance Application IF-- 1 City of Southlake, Texas 2 Supporting Documents: Sign Variance Application Sign Criteria Section 6 of the Sign Ordinance Staff review memo Staff Re me ations: none. t), l BC\jb Approved for Submittal to City Council CityL &ISO (4w, t —t S-1 999 t t: t t ar t FRCM SCUTHI_4KE CCt-1 DEv S 17,1889370 P. 2 3M NAME: ADDRESS: PHONE: FAX: CITY OF SOUTIILAKE SIGN VARIANCE APPLICATION APPLICANT O'Brien & Associates, Inc. 5310 Harvest Hill,#136 Dallas TX 75230 (972) 788-1010 (972) 788-4828 OWNER (if diffe rent) Lincoln Property Co. 500 N. Akard, #3300 Dallas, TX 75201 (214) 740-3300 (214) 740-3314 The following information pertains to the location for which the variance is tieing requested. NAME OF BUSINESS OR OPERATION: Gateway Plaza PHYSICAL ADDRESS: Lot 1 - 6, Block 1 , Thomas Easter Survey Abstract #458 & 474 LEGAL DESCRIPTION: Lot 1-4 Block 2 Subdivision same as above I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. 1 further understand that it is necessary to ha,. e a representative at the City Council meetin ho is authorized to discuss this request. Applicants signature: t Date: 1 /25/99 • a a a a 1 a .......... .. •• a a a a a a a a l a a a a a a a a s a a a a a a a a a a a a• a a a a a a a a a a 1 a t a l The following checklist is a summarj of requirements for sign variance recuests as required by the City of Southlake. The applicant should further refer to the Sign Ordin 3nce No. 704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request X Completed sign variance request application. X Completed demonstration of conditions applicable to the i equested variance (see attached.) X Site plan showing the location of the sign variance reque: t and any other signs that conform to or are exempt from the sign ordinance. T ie site plan shall also indicate the building, landscaped areas, parking & approa .hes and adjoining street R. 0. W. X Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs t iat conform to or are exempt from the sign ordinance. X-� SIGN CRITERIA GATEWAY PLAZA ON SOUTHLAKE TEXAS A DEVELOPMENT OF: LINCOLN PROPERTY COMPANY JANUARY 25, 1999 (a" INTRODUCTION ... Intent Signage Guidelines Sign Key Plan Sign Description ELEVATIONS (40" GATEWAY PLAZA SIGN CRITERIA Page 1 Page 1 Page 1 Page 2 Page 3 Pages 4 & 5 Entry Feature Description Page 6 Elevation Pa es 7-9 g Monument Sign Description Page 10 Elevation Page 11 ,-A IF --—Cs INTRODUCTION INTENT The purpose of this package is to request a conditional sign permit for the 42 acre development Gateway Plaza. These guidelines will regulate attached signage, monument signs, and entry feature signs for the entire development. We have developed a comprehensive and consistent standard for Tenant identification. We intend to divide the building signage into three categories: A - Small Retail (under 20,000 SF) B - Small Anchor (over 20,000 SF) C - Large Anchor (over 70, 000 SF) SIGNAGE GUIDLINES A - SMALL RETAIL For small retail signs, the maximum sign letters will be 42" in height. The sign area will be a factor of 1.0 times the width of the building or lease space, but not limited to less than 45 SF. B - SMALL ANCHOR For small anchor signs, the maximum sign letters will be 48" in height. The sign area will be a factor of 0.75 times the (:- dth of the building or lease space. LARGE ANCHOR For large anchor signs, the maximum sign letters will be 60" in height. The sign area will be a factor of 0.70 times the width of the building or lease space. All signs will be limited in width to the middle 75% of the width of any horizontally articulated building entry or lease space as required by the city of Southlake sign ordinance. ENTRY FEATURE In order to limit the number of monument signs for the project we have provided 4 entry feature signs which will identify tenants not visible from key road frontage locations. Each of these will have a 30' setback line. X "-A IE--- L yam+ Lewes NNW PUT= 4 I i "W4r tans LOW tan Liter /naw. d.t • a\ tlww •; �iQtniar sn - /ru. Lobw 7 N. d i IYc L*W /tll0 w dtt TIMANM RORM i Rahn M 3 Lam Itslyil >r taaw. dm ` :o� • 2l7'I MBL Ldw del Xryt ar "Wd ar Raw. dot - SM naw. 1 t 1ai � M ! so"ammm M t � w Mat SIGN � KEY PLAN `i '-t 2 SIGN DESCRIPTION (6., TYPE OF SIGN Individually lighted aluminum channel letters with Plexiglass fronts. LETTER STYLE Per tenant discretion with landlord approval. SIZE dt LOCATION Refer to elevations Sign shall be centered on store frontage, and mounted as shown on the attached details, and within the area indicated on the attached elevation. Areas vary according to location A TYPEFACES & COLORS Typefaces are subject to landlord approval. Neon shall be 6500 whit& INSTALLATION Final electrical hookup shall be performed by a licensed electrician. Shop drawings shall be submitted to the landlord for approval. All penetrations through the masonry shall be through the mortar joints,. All signage installation shall be in accordance with City of Southlake Codes and Ordinances, and the National Electric Code. Transformer to be located in soffit plenum, J box and rigid conduit to panel by landlord, wiring by tenant Plenum accessible through access panels in wall above storefront 0� ; Mo I �qnh- 11-rd-15 T-0116, mm�m maism USERS ■■i■n■ ■■.` i■■■s■ r■rawn ■■,■a■ ,rn'■■il. u■ Ran i■■ USE ge tincnc ENTRY FEATURE SIGNS TYPE OF SIGN Rear illuminated plexiglas sign panels. NUMBER dt LOCATION There are 5 tenant sign panels on two faces of the entry feature walls. TYPEFACE dt COLOR Logos and typefaces subject to landlord approval. Neon shall be 6500 white. (414W INSTALLATION Final electrical hookup shall be performed by a licensed electrician. Shop drawings shall be submitted to the landlord for approval. All signage installation shall be in accordance with the city of Southlake Codes and Ordinances, and the National Electric Coda Transformer to be located inside the entry feature base, J box an rigid conduit panel by landlord, wiring by tenant 6 Q., Painted opaque face - 'halo' letters backlit -_ Letters mounted 2' - - Ln off face of stone. TENANT I TENANT 2 cq TENANT 3 TENANT 4 Jq ENTRY FEATURE 1 & 2 QV-- \/I-- Painted opaque face - 'halo' letters backlit Letters mounted 2' of f face of stone. - TENANT 1 TENANT 2 TENANT 3 TENANT 4 TENANT S TBNANT f TENANT 7 TBNANTi ENTRY FEATURE 3 C., Painted opaque face 'halo' letters backlit Letters mounted 2' of f face of stone. M ., :tea ar=i WE" s! LO ME oW ENTRY FEATURE 4 r-\ �-: - � %\-- E MONUMENT SIGN TYPE OF SIGN Rear illuminated plexiglass letters in routed aluminum sign panels. NUMBER & LOCATION There are two faces of the monument sign walls. Artwork subject to landlord approval. Neon shall be 6500 white. (W TYPEFACE & COLOR INSTALLATION Final electrical hookup shall be performed by a licensed electrician Shop drawings shall be submitted to the landlord for approval. All signage installation shall be in accordance with the city of Southlake Codes and Ordinances, and the National Electric Code. Transformer to be located inside the tower sign base, J box an rigid conduit panel by landlord, wiring by tenant. L KOHL'S L MONUMENT SIGN %'ILY UI .)UULI IIdnG, 1 CAcla Lai SUPPORTING DOCUMENTS Friday, January 29, 1999 SIGN ORDINANCE NO. 704-A The following is excerpted from the Sign Ordinance: SEC. 6 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 4 of this ordinance. (hW Additionally, the applicant shall submit construction plans drawn by a registered professional engineer or architect in the State of Texas and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors. L:\BUILDING\CHUCK\SignSupport.doc A City of Southlake, Texas MEMORANDUM January 27, 1999 TO: Billy Campebll, Director of Public Safety FROM: Paul Ward, Building Official SUBJECT: Staff Review of Gateway Plaza Sign Criteria This criteria was submitted with a request that it appear on the same council agenda as the site plan. The following items were noted in review of the appilcation: 1. The first page, which appears to be a table of contents without page numbers, uses terms differently than are in the following pages. 2. The Introduction section is written as instructions to tenants and no where states that it is a request for a conditional Sign Permit. 3. The sign Key Plan implies this request is for the signs on the main large buildings and their related signage only. There should be a clear understanding that all other signs on the site including the small peripheral buildings and their monument signs would revert to the Sign Ordinance. 4. There is no comparison of the sign areas requested to that which is permitted by ordinance for attached signs. See section 16-A of the Sign Ordinance 5. The Entry Feature Signs are a unique type of sign not permitted in the sign ordinance. They are structures that are nearly the building height limit for the zoning district that do not appear to meet any building setback lines. The minimum setback permitted by the sign ordinance for any type of sign is 15 feet. This structure could be treated like a building in which case it should meet the building setback lines. 6. The proposed Kohl's Monument Sign appears to meet the size requirements in the ordinance for a monument sign. However, the site plan does not specify the setback. The applicant is expected to submit revised sign criteria on Monday addressing the above items. It will be presented at the council meeting. (ma., City of Southlake, Texas i { STAFF --,REPORT January 29, 1999 CASE NO: ZA 98-136 PROJECT: Ordinance No. 480-298 / Second Reading / Rezoning and Site Plan / Proposed Lot 5, T.J. Thompson No. 1502 Addition (Davis Boulevard Center STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change 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 0.55 acres. A Site Plan for Davis Boulevard Center will be considered with this request. . PURPOSE: Zoning and -Site Plan approval required for development of dry cleaners. 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 REQUESTED ZONING: "C-2" Local Retail Commercial 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) 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. It City of Southlake, Texas 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 Summary No. 2, dated December 31, 1998, deleting Items #la (driveway spacing) and # 1 b (stacking depth); accepting the roof design (Item #3c) as shown; and eliminating two (2) parking spaces in the northwest corner and continue the bufferyard east and west. COUNCIL ACTION: January 19, 1999; Approved (7-0) First Reading subject to Site Plan Review Summary No. 3, dated January 15, 1999, deleting Items #I and #lb to allow the driveway spacings and 50' stacking as shown; amending Item #2b to allow the relocation of the 5' bufferyards on Lots 4 and 5 to the outer edge of the Common Access Easement for the length shown on the plan; and on Item #3 allowing the mansard roof design as shown. STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated November 13, 1998, Site Plan Review Summary No. 2, dated December 31, 1998, and Site Plan Review Summary No. 3, dated January 15, 1999, with the exception of those in the attached Site Plan Review Summary No. 4, dated January 29, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-136ZS.WPD -1 F �}- TRACT MAP iF� l I I MICHAEL DR �.36 AC .. . II 1t t 1 TR 183 2 3 4 .98 AC 1 I 1 t 1 t GREENWOOD DR 1 I e TR 18 0 .586 AC ' t 1R ff� rI 2 r, A 1� i TR 184 F 1.03 AC R S s En P-4 ! 1" ^ r a j 4R 3 PA sw 0 Z 3 0 2$ 2 A �` .1 w 3'N t� - 1 t g "C_3" 4R 1 mI ? 2. $ MIRAGE CARWASH LTD. 113 ... no, X. Q 1 , 1 K. HARLAN Cl o TR 1B1A1 3.0 AC 1 I 1 "AG" E,t2� okgk R. WOODS 1 .9441 no"A no T-N-�3 w n 1A 34 C 1 ai � ' IN 33 pq 1 i TR 11.275AC d Iv' 1AV 1 ADJACENT OWNERS TR 2 ZONIN6G 20.109 ® I 1 25 8 24 `z .r Fnxrc Don Penny To: Lindy Bakw -Jdi' l,ry December 21, 1998 Mr. Lindy Ballew K12 Design, Inc. 1711 Price St. E Keller, TX 76248 Dear Mr. Ballew: Qate: 42421 M OW Time: 3:05 38 PM :: x °acP?9� 2 of 5 K r IsA �iwu�iiisl��A�IAL 7d�1i You recently contacted me with -questions about driveways into a site that you are working on at the northeast comer of Da -.is 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 located 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 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 detenmined, 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 ntfmber of driveways 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 < react to a vehicle in front of them to turn into either the driveway or to n into a turn lane. A drivers attention is concentrated on traffic around them 1411 7f ase4ca. Z4&,c Al A96pa, ?X 76014 1,.,, gt?-46,,g-3'tst AA 81 T 46 "�t From Ddn Penny To: Lindy &-dew Date: 12r2111998 Time: 3:05:38 PM 5 A approach and pass through an intersection. It generally requires 1.5 - 2.5 seconds for the driver's attention to return to %,%rhat is happening in front of them after passing through a signalized high -use intersection. And again, generally, traffic passing through a signalized ed intersection will be traveling perhaps 3 0-40 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 secondi. This would go up to 145 feet for very• busy intersections at 40 mph and 2.5 seconds reaction time. Most cities that have-'stirid-ards, 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 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 do-vN.m to minor retail driveways that may be 26-28 feet wide, use a 15 - 20 radius at the comers, be t-%vo wav, 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. Then, the number of drive -trays for a givMsite should be considered. One theory is to severely limit the number of driveways to a retail site and depend on very f&-vv 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. -7 F-v ZZ • . From: Don Perry To: Lindy Saiew Date: 1212111998 Time: 3:05:38 PM r � _ 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 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 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 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 . �uo.� d ,tteeselatu -- F-7 �� x From: Don Perry To: L indy Bak- C L Date:12R111M Tone: 3:05:38 PM -Pays 5 of 5 ;. allows adequate driver ,reaction time after passing through the major intersection to respond to traffic ahead of them, and should present no evident 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 apprommately two weeks to gather the information and provide an adequate traffic impact analysis with respect to the street system and site traffic interface. Sincerely, wt-1-0 Don Penny, P.E. Principal, Penny & Associates City of Southlake, Texas siTE PLAN REY EW NUMMARY No. ZA 98-136 Review No: Four Date of Review: in, "9`' APPLICANT: Segal nterprises 1907 P}e�b�blewoo Drive �inarto 1 'Texas 76006 Phone: (81 226-8857 (817)_274 3278 Attu Lennie Segal ARCHITECT: k12 Inc Design Education Facility Specialists 128E Texas Street - r ggvine Texas 76051 Phone: (817) 431-11 9 Fes,: (817) 488 3437 Alin. Lindy Bellew CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/25/99 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 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 facing To Continental Intersection 500' To North Drive @ Mirage 500' (P&ZAction 117199: Allow as shown) b. Provide the minimum stacking depth. D ivewav Req'd Stacking Davis Driveway 75' (P&ZAction 117199: Allow as shown.) Provdd Spacing Deficiency 273' 227' 129' 371' Prov'd Stacking M—1 iencw 50, 25' 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 the eastern lot. City of Southlake, Texas C. Provide Common Access Easements 2 foot wider' and centered over common driveways. The following changes are needed regarding bufferyards ad interior dscaping: a. Correct the length of the. required south bufferyardto 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&Z Action 117199: Accept roof design as shown) 4. Show, label, and dimension easements on or adjacent to the site, consistent with the plat. 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. PF 6. 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 4 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%. Dimension the distance from building to property lines. 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 11SP-1 Zoning Request" for Lot 4. 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;mo,'fencing is required. P&ZAction: January 7, 1999, Approved (4-1-1) subject to Site Plan Review Summary No. 1, dated December 31, 1998, as noted above and with the following modifications-. • delete two parking spaces in the northwest corner and continue bufj`eryard east and west. * 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. * 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, 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: Garry 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 L:\COMDEV\WP-FILES\REV\98\98136SP4.WPD L Qom - -- i®s lrOYOD 1Mg1Wt 7>tV11UWS _ r.. '+w. •'� MOYIOp1I iOCt 'ON NO:IIp1( Y1 'C dM ► fd01 _ L�Rmll 011t0i-L�G+.i6i;rb,ite� wftsut vi ..,� (ecaL w a) aarn31noa sInra C" cNa C: Q o c it r anu-oa A~I 'IDIVIM AN muow not poll nocamu ri b awir s sun rn SEE C" 17 :�.. CQ QYZZ dAAAdA nor or n aw MCIVAS Inver WIAVU F 1 C, ��. .. 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N00'22'00'W 405.00 N =a IJ N , DAVIS BOULEVARD (FA. 41930) 04 ASPHALT PAVING Z Z .+ O t3 aw 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 1111, 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 (410" 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%CR'YD0M01W%CASEM80-298.%WD ^�_ I' Page I // A C 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.\CITYDOCS\ORD\CASFSWW298. W PD Page 2 -71: L 0 L 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: LACMDOMORMASM480.298. W M Page 3 SECTION 1. That Ordinance No. 480i 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 1B1, 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. LSECTION 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 LrM1 D0M0Rn\CASES\4W293.wen '7 ���i3 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 (40.1 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• MMOMORDWASE D-299 WM Page 5 C. 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 fmal 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 (We 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. LACrrYD0M0RD\CASUW W2".%WD Pn° 6 7F--2,51 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 11999. MAYOR ATTEST: L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CITY SECRETARY i LAcrnrnocsoxoWAsFsusaz".weo 7P--Z4 Page 7 EXHIBIT "A" Metes and bounds description unavailable for second reading. L-%CPrYDOMORD\C.AS6M84298. W PD Page 8 Am EXHIBIT "B" r lip, I i L%CrrYDOCS%ORD%C,kSES%430-293.wP0 Page 9 r7 F - -2 e> IN City of Southlake, Texas STAFF REPORT January 29, 1999 CASE NO: ZA 98-137 PROJECT: Ordinance No. 480-299 / Second 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. 7=13 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 (FAM. 1938) and Continental Boulevard. OWNER: Ron Woods APPLICANT: Segal Enterprises CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-3" General Commercial District A'NIENDED REQUEST: "S-P-1" Detailed Site Plan District with "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 6I''o0cj.s, 734 C'R 585, .41vord, T.k, in favor. (Received November 16, 1998). A second response by Mr. Woods was received on January 7, 1999. See attached letter. r76,( City of Southlake, Texas P&Z ACTION: November 19, 1998: Approved (7-0) the applicant's request to table and to continue the Public Hearin_ to the December 3, 1998. Planning_ and Zoning Commission Ineetln` and placing them in front of all other development cases on that auenda. December 3. 1998: Approved (7-0) the applicants request to table and to continue the Public Hearing to the January 7, 1999, Planninu, 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 zonin�a to "S-P-1" Detailed Site Plan District with the tinderlving zoning of "C-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 # 1 a) as shown; and accepting the applicant's commitment to ;et 50' stacking depth (Item # 1 b). COUNCIL ACTION: January 19, 1999: Approved (7-0) First Reading subject to Review Summary No. 3, dated January 15, 1999, deleting Items # l a and # 1 b to allow the driveway spacings and 50' stacking as shown; amendin- Item 92b to allow the relocation of the 5' bufferyards on Lots 4 & 5 to the outer edge of the Common Access Easement for the length shown on the plan and limiting the underlying zoning (and uses) to -C-2, Local Retail Commercial District" and requiring that the applicant meet the 70% impervious coverage required by that district. STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated November 13. 1998, Site Plan Review Summary No. 2, dated December 31, 1998, and Site Plan Review Summary No. 3, dated January 15, 1999, with the exception of those in the attached Site Plan Review Summary No. 4, dated January 29, 1999. L 1CO%IDEV^,WP-FILES`SIENIO\93CASES\93-137ZS.WPD 7G - ;t L 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 L qr 1�C 'd 0 1 -719q ��� � TRACT MAP 7G - Lt t r t( 1 F- W W UJ Y= > }w 7 U `dICHAEL DR TR 20.10' t I 36 AC RE t �° i TR 183 2 1 j .98 AC I r I I 3 4 1 I TR to GREENWOOD DR I- 586 AC Y 'R Vf 2 TR 184 7O 1.03 AC S rR 6C1A a CM .45 AC M t�l r 4R 1 3 w 1oI \ W I ~ 3 Q ' x I 2 { b CJ 1 S nC_1 rr 4R 1 c MIRAGE CAR WASH LTD. � xs I« u. - I � "AG" cl) q 1 R. WOODS H I K. HARLAN o 0 TR 181 e 8 s TR 161 Al 2.0 AC 2.70 AC 3 0 P.0 0 i I Rl OODS a n TR WA 1 U 34 .B1 AC 1 Z I "AG" 1 w � cc:J.J.B. ENTERPRISES INC. a � _ 3� Ca W TR 5A 11.27 AC z a I TR 1 A4 1.4 AC* I t I 11 I ADJACENT OWNERS 25 AND ZONING I ..III If.Al��_� ��, �24 From: Don Penny To: Lindy Bafew Date: 1MIM98 Time: 3:05:38 PM Page 2 of 5 Peet aq & ,-*4 December 21, 1998 Mr. Lindy Ballew K12 Design, Inc. 1711 Price St. E Keller, TX 76249 Dear Mr. Ballew: You recenth• 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 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, ob,%-iouslv, 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 ntimber of driveways -Mll 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 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 ?X 76014 s 917-46r37st 817-465-1O?P loll i�'atu%a Esc �4nCGcgto«, as � , q& - G REC'DDEC 21 192 From Don Penny To: Lindy Balew Date: 12f21/1998 Time: 3:05.38 PM Page 3 of 5 (4mw, 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, gi-,ring 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. Nest, we should consider the design of a driveway given the use. The more traffic that «-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 ,%%ith 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 war, 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. Then, the number of drive-%ays for a giverisite 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, tragic 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. �uo� d rlseeelalu %G'-7 From: Don Penny To Lindy Balew Date 12121/1998 Time: 3:05:38 Phi 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 xvhere 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 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 anaI�ze 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 'vew y v' the first 300 - 500 feet is of no driveways s within 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 propem- 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 t7affic at this one point, and cause more problems than it will solve. A concentration of a great deal of slow mo,,ing 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 Q., A."S & ril"w4ttae `& -a From: Dan Pemy To: Lindy Balew Date: 12121JI998 rime: 3:05:38 PM Page 5 of 5 L allows adequate driver reaction time after passing through the major intersection to respond to tragic ahead of them, and should present no evident traffic safety issues. I -ill be happy to provide additional information to you with respect to further traffic analysis at your request. It %till take approximately rir-o weeks to gather the information and provide an adequate traffic impact analysis with respect to the street system and site traffic interface. Sincerely, Wil Don Penny, P.E. Principal, Penny & Associates i �uae� dir �ssecuti!es A City of Southlake, Texas SITE PLAN REVIEW SUMMARY �zse No.: ZA 98-137 Review No: Four Date of Review: 1/29/99 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: Ron Woods 611 Davis Boulevard Southlake, Texas 76092 Phone: O Fax:O ARCHITECT: k12 Inc. Design Education Facility Specialists 128 E. Texas Street Grapevine, Texas 76051 Phone: 817) 488-7732 Fax: (817) 488-3437 Attn. Lindy Ballew CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/25/99 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. 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 Deficiencv To Continental Intersection 500' 273' 227' To North Drive @ Mirage 500' 129' 371' Continental Driveway Req'd Spacing Prov'd Spacing Deficiencv Existing Driveway 250' 244' 6' east of proposed (P&ZAction 117199: Allow as shown.) b. Provide the minimum stacking depth. Driveway Req'd Stacking Prov'd Stacking Deficiencv Davis Driveway 75' 50' 25' Continental Driveway 75' 50' 25' (P&Z Action 117199: Accepting applicants commitment to get 50' ofstacking depth.) % -10 City of Southlake, Texas 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: 56 spaces. 15 spaces on the north. adjacent lot, and 100 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 the eastern lot. C. Provide Common Access Easements 2 foot wider and centered over common driveways. 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 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 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. 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 corner 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. City of Southlake, Texas 7 A C 10 14 13 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 Open Space Area Open Space °o Requested Zoning Parking Site Coverage Building Area Lot 5 (Verify based on new plan) (Verify based on new plan) S-P-1 Dimension the distance from building to property- lines. Show the location, orientation, type and height of any intended lighting, signs, and exterior auditory. Label the dumpster screening and note: Screening will utilize similar masonry materials to the principal structure. y 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. Revise the site data chart and title block to reflect the "SP-1 Zoning Request" for Lot 4. 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&Z Action: 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 wTitten/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. '7G - 1 Z City of Southlake, Texas * 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 followin- 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 FAI 1938. * Denotes Informational Comment cc: Garry 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 L:\CONiDEV\WP-F(LES\REV\98\98137SP4. WPD C '7G- City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non -Residential Development) Case No: ZA 98-137 Date of Review: 1 - 19 - 99 (Revision) Number of Pages: I Project Name: Davis Boulevard Center (Rezoning/Site Plan) APPLICANT: ENGINEERSIPLANNERS: 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 RAPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEI TH 1VL4RTI1N, LANDSCAPE ADMIINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant has proposed to move the South access drive further to the East and the existing protected trees are shown to be preserved. BUILDING INSPECTIONS r -----/dre98/98-137 '7G — Iq ' chord i►i 7OS wcsewoHwL •rt-9 cwnv r zam ` .Y I r � I = I 3 r Y -- .-.-._.-__. i _-- ea: w d� aaernainoe sinda H N w O w a z C7 Q z i Q. 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W R) 'IG aa- S A 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 SOUTHERN PORTION OF TRACT 1131, , SITUATED IN THE T. J. THOMPSON SURVEY, ABSTRACT NO. 1502, AND BEING APPROXIMATELY 1.23 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 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 C-1 L:\CITYDOCSNORD\CASES\480-299.WPD Page 1 7G - Z3 buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and General welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District 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; (W 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 C., L:\CITYDOCS\ORD\CASES\480-299.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 -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 (M-e 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\CASES\480.299. W PD Page 3 11 Cr ZS (W 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 Tract 1B1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately 1.23 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-1" Detailed Site Plan District with "C-2" Local Retail District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City (W 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. C. 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 L:`.CITY DOCS\ORD\CASES\580-299. W PD Page 4 ^ & — Z! _ 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 (W those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. L 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 L:\CITYDOCS\ORD\CASES\480-299.WPD t'�I - X7 Page 5 ` Gr 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 (W 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. 31 L:\CITYDOCS\ORD\CASES\380-299.WPD Page 6 (W 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: (4w, L:\CITYDOCS\ORD\CASES\480-299.WPD 1G -21 Page 7 EXHIBIT "A" (W Metes and bounds description unavailable for second reading. (a," L:`.CITYDOCS\ORD\CASES\480-299.WPD Page 8 C., a nor o a.yaum EXHIBIT "B" q'1O1-00 iM.W4 �M1Ygf iauoa. aOC\ a .owcw -It zr a.oa c-2 V c-a ray rw ns �I � I ]I tl I�I ' I �� j�•I' -I (Beat •rs•d) OHYA3V108 SlAYO 9G - 3 I L•\CRYDOCS%OMCASFSul42". WPD Page 9 CEXHIBIT "C" This page reserved for the approved City Council motion for this case. C L:\CITYDOCS\ORD\CASES\480-299.WPD Page 10 City of Southlake, Texas STAFF REPORT January 29, 1999 CASE NO: ZA 98-155 PROJECT: Ordinance No. 480-300 / Second Reading / Rezoning / Proposed Lot 3, T. J. Thompson No. 1502 Addition (Davis Boulevard Center) 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 I B 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 corner 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). COUNCIL ACTION: January 19. 1999; Approved (7-0) First Reading. 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 City of Southlake, Texas this site the Cite Zomnu Administrator has waived the requirement for the Concept Plan. IZCOMDLV',�NP-FILES %IF%IO,,9SCASFS':93-1>i7_.k6PD (j6W Q., r1 H- z AIL �—=� ' � II ~ i I � � � I � `" � i I I � f~� �/� , , , �-� .1,1��-��_ � iL9 1c .� 9-' 40, rR 1 lei I - I i 'x I III , " TR4nZ 7L 1 r r 6c Va L la TR 2c. R.Pj, VAS ,\SLRvEY u 'A, —'J A, n g :9-W A,'i. i6 .3 k 2AI Ih 2A5 T TR Z_ 4c z11 A, 21 .4c T-O 24 %1-18 1 t 3 T 'A sm TRc. 12-1 Ac 9! TUC Jt Ing ul TR IA4 34G TILQ If ic R U3 nLhj IA m .4, all SLRVEY z 72 6i sm 1431 TR4C TR 0 I 72 of 14 72 Ar t A 6m ZA TR ZA TR 6F 7R mI TR MU U7 le I �LBW T2 Z& AC Z73 bC il-7w ic rE IH IR laz &C N- 7,R aA �,T.4AC 7R 4 1 M1 2� Ac — i 2aA n ZI C2, k uj TRACT MAP j > `.IICHAEL DR (aw, .36 AC 1 TR 183Q { .98. AC I ! TR 18 ! I = sao AC 1 ca ! a TR 184 _ 1.03 AC t cn ;-' ►• S j �I n° 1..a W to 2 ! I 1 -- � ! QI ,n 3 4 GREEiNWOOD DR 1RAvls Xf< 2 SS \ 4R 3 4R w Q A ! `'I b0 "AG" c A ! ' R. WOODS o ! I K. HARL-AN o i TR 1818 $: TR 181A1 2.70 AC o 3.0 AC ! I h94 ! .9441 J { ! z I "AGO'�1J J { LU 1 r� C ! W' ' J.J.B. ENTERPRISES INC. a Q � _ 33 Ui i F- i TR 5A 1.27 AC �C!! Z I W {� m 4 1 A� ADJACENT OWNERS ANY ZgNIp'G,, 94 -y 25 1 0 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-300 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 PROPOSED LOT 3, T.J. THOMPSON NO. 1502 ADDITION, (DAVIS BOULEVARD CENTER) ON PROPERTY LEGALLY DESCRIBED AS BEING THE SOUTHWESTERLY PORTION OF TRACT 1131, SITUATED IN THE T. J. THOMPSON SURVEY, ABSTRACT NO. 1502, AND BEING APPROXIMATELY 3,000 S.F., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SERVICE 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\CASES\180-300. WPD Page 1 9' _ 5- (W to amend said ordinance and map for the purpose of promoting the public health, safety, morals and Qeneral 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 L:\CITYDOCS\ORD\CASES\480.300.WPD n Page 2 I H . LP view to conserve the value of the buildings, and encourage the most appropriate use of the land (W I 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 (we provision of transportation, water, sewerage, schools, parks and other public requirements; and. rig 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:\CITYDOICS\ORD\CASES\4W30O.WPD � . Page 3 (W 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 proposed Lot 3, T.J. Thompson No. 1502 Addition, (Davis Boulevard Center) on property legally described as being the southwesterly portion of Tract 1 B l , situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately-3 ,000 s.f., and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "CS" Community Service 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 (40., L:\CITYDOCS\ORD\CASES\480-300.WPD Page 4 IH-8 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 (awl 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. (S..' 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\CASFS\480-300.WPD Page 5 9 H - (W SECTION 8. 54 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\ORD\CASES\480-300. W PD Page qH-10 (W PASSED AND APPROVED on the 1st reading the A MAYOR ATTEST: day of , 1999. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1999. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (4w, MAYOR ATTEST: CITY SECRETARY LACITYD0CS\0RD\CASES\4WX*. W PD Pagel IH-11 EXHIBIT "A" (W Metes and bounds description unavailable for second reading. (w A L:\C ITYDOCS\ORD\CASES'.480-J00. W PD Page 8 9N-1 City of Southlake, Texas STAFF REPORT January 29, 1999 CASE NO: ZA 98-143 PROJECT: Revised Concept Plan / Dry Clean Super Center STAFF CONTACT: . Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Concept Plan for Dry Clean Super Center on property legally described as Lot 5, Thomas Easter No. 474 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and being approximately 2.670 acres. PURPOSE: Revise existing Concept Plan to show two (2) buildings on two (2) lots. LOCATION: On the southeast corner of the intersection of East Southlake Boulevard (F.M. 1709) and Crooked Lane Boulevard. OWNERS: . Southlake Properties, Inc. APPLICANT: Kwik Industries, Inc. CURRENT ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses and limited "I-1" Light Industrial District uses. LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: 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 (5-2) subject to Concept Plan Review Summary No. 1, dated December 11, 1998, accepting Items #4a and #4b (driveway spacing) as shown; accepting the applicant's commitment to provide extra plants in the eastern `.'LS" strip shown on plan; and requiring a proportionate amount of escrowed funds for. landscaping (approximately 40%) to be placed in the bufferyard along F.M. 1709 along with the required landscaping. �r 1 City of Southlake, Texas COUNCIL ACTION: January 5, 1999; Approved (7-0) to table and to continue the Public Hearing to the February 2, 1999, City Council meeting. STAFF COMMENTS: The applicant has met all requirements listed Concept Plan Review Summary No. 1, dated December 11, 1998, and Concept Plan Review Summary No. 2, dated December 31, 1998, with the exception of those in the attached Concept Plan Review Summary No. 3, dated January 29, 1999. The Zoning Administrator determined that this submittal substantially conformed with the previously approved concept plan submitted at the tithe: of the "C-2" zoning request. She made the following findings: • that only minimal changes occurred in the driveway locations from the original plan; • that although the original plan showed one building (approx. 27,825 s.f. in size), the two buildings now shown are generally in the same configuration as the original building with additional landscape buffers being placed between the two structures and along the south property line to screen the Shurgard self -storage units from view along the F.M. 1709 corridor; • that the intensity of the proposed development appeared to be reduced due to the square footage of the two buildings totaling only 15,641 s.f. (a reduction of 12,184 s.f. from the original plan); and • that along with the reduction in floor area came a reduction in the required number of parking spaces, resulting in less impervious coverage for the site. L:\COMDEV\WP-FILES\MEMO\98CASES\98-143CP.WPD �� '(�� Vie, �� - „ �► � ��� art � � �►( � • I' c� I 7B W pA U 7 8 9 TRACT 6A .46 AC IELD � 1►�AY TRACT 6B - TR 3 TR 3E 2.9 O 3 O TRACT 6A1 S. 1.61 AC 1A r MCCARTY C. SMITH C. SMITV "AG" SF-1 A" 10AG" 3062 . o 10 11 � 12 13A 13 .683 O TR 3C 5.263 AC C. YATES "SF-1 A" "AG" STATE OF TEXAS "S-P-2" SpUTH�► E STATE OF TEXAS J. DEMLOW rr p ("AG" 9` /�1 c�0 SOUTHIAKE fEF Q9 GO y CORNERSTONE BUSINESS PARK B S NE SS PARK\ SOUTHLAKE I SHURGARD TEXAS CORNERSTONE J.STACY - - -- LIMITED PRTN BUSINESS 2 TR 11A n - n 7 11 PARK S-P-2 PIS-P-1 rr' �r "O-1 " "I-1 of 5 4 3 TR 3B 6.406 O TR 3B1 .054 O 1Ri ADJACENT OWNERS I AND ZgNIING s ! roN�Wvr . N •- (. CO --- AW" �\ 9 wwwn. aX1 � � 1 � �Y�► z ,Oh AQ % KC 1 LL . A - 7W1iOlG �'GG aj ; i I uj �( anr�aa• I1 + ��;�od p o W Ir p rq e5ji H ~oa ni:=i I I Gi u W 'J .. - I� I10_ ti, ( w iLA .(�� 1 _ � •aaAa *C City of Southlake, Texas Review No: Three Date of Review: Ol/29/99 Project Name: Revised Concept Plan -Dry Clean Super Center, Lot 5 Thomas Easter Addition No 474. being 2.67 acres ENGINEER: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/25/99 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EDWARD MC ROY AT (817) 481-5581, EXT. 880. 1. Correct the driveway location shown for Gateway Plaza. It is approximately 210' east of the location currently shown. 2. The following changes are needed with regard to drives accessing this site. a. A minimum spacing of 500' is required between a driveway centerline and the R.O.W. of a street intersection. The proposed right in/ right out drive is approximately 187' from the R.O.W. line of Crooked Lane. This driveway was approved at a 200' spacing from Crooked Lane on the previous Concept Plan. (P & Z Recommendation: allow as shown.) b. A minimum spacing of 250' is required between the existing east driveway and the proposed right-in/right-out driveway. The provided spacing is approximately 245'. The spacing between these drives was approved at approximately 225' on the previous Concept Plan. (P & Z Recommendation: allow as shown.) * The existing common access easement for the western drive will require adjustment on the Plat Revision currently in process. City of Southlake, Texas * The approved site plan for Lot 4 (Shurgard) allowed for the elimination of a 10' Type "F 1" bufferyard along the ;w-q.lot line ,adjacent to the east line of proposed Lot 5R1. The plant material for the Shurgard bufferyard was required to be placed within the 20' Type `O' Bufferyard for this site along F.M. 1709. The cost of the plantings was placed in an escrow account to be disbursed to the owners of this lot upon installation of the materials. Contact the Landscape Administrator regarding the details of these bufferyard plantings and the impact on this site. (P & Z recommendation: a proportionate amount of escrowedfivulsfor landscaping to be placed in the bufferyard along F.M. 1709 along with the required landscaping for each lot.) P & Z Recommendation: December 17, 1998; Approved (5-2) subject to Concept Plan Review Summary No. 1, dated December 11, 1998, amended as noted above in addition to the following. accepting the applicants commitment to provide extra plants in the eastern "LS" strip shown on plan. * The maximum allowable impervious -coverage within a C-2 district is 70%. This concept plan shows the proposed eastern lot (Lot 5R1) with approximately 69.5% of impervious coverage and the proposed western lot (Lot 6) with approximately 64.2% impervious coverage. Compliance with the impervious coverage requirement must be demonstrated on the future site plan for both of these lots. * Although no dimensions are included within this concept plan staff is concerned that the right-in/right- out common drive shown within the westernmost lot does not comply with the required geometry for such a drive. Please contact Public Works for assistance in the final layout for this drive. 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, and a site plan must be approved by the Planning and Zoning Commission and City Council, a fully corrected site plan along with a landscape plan, irrigation plan, and building plans, must be submitted to the Building Department for approval and all required fees must be paid. This may include but not be limited to the following fees: Park, Impact, Tap, and related Permit Fees. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * This review is based on the "C2" Zoning District Regulations. * This site falls within the applicability of the Corridor Overlay Zone. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. 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: • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. .® 7T City of Southlake, Texas Roof design standards per § 43.13b, Ordinance 480, as amended Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. • Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular�uw must be ofan ail weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. t Denotes Informational Comment cc: Caddy Property Management Kwik Industries , Inc. JDJR Engineers and Consultants, Inc Southlake Properties, Inc. L:\COMDEV\WP-FILES\REV\98\98143CP3.WPD VIA FAX ABOVE VIA FAX ABOVE VIA FAX (972) 252-8860 VIA FAX (817) 488-2420 City of Southlake, Texas TREE PRESERVATION ANALYSIS (NON-RESIDENTIAL DEVELOPMENT) Case: 98-143 Date of Review: 11-18-98 Project Name: Dry Clean Super Center (Concept Plan/Tree Survey) OWNER: Caddy Property Management, L.L.C. 2834 Market Loop, Suite 100 Southlake, TX 76092 Phone: Fax: PREPARED BY: JDJR Engineers & Consultants, Inc. 2505 Texas Drive, Suite 109 Irving, TX 75062 Phone: 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 IlvIPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINIISTRATOR AT (817)181-5581 EXT. 848. TREE PRESERVATION COIVIlINIIENTS: l . The applicant has made an attempt to preserve four (4) of the eleven (11) existing trees on the site. These four trees are located in the North bufferyard area. The other seven (7) trees are located within the interior of the development and are proposed to be removed for the construction of the access drives and buildings. 2. The 30" Oak proposed to remain next to the five (5) parking spaces in front of the development is actually a Cedar Elm. The 8" Elm growing next to it is a Pecan and the 20" pecan to the West along the R.O.W. is a Pine. The two Oaks along the South portion of the West property line are Cedar Elms. The remainder of the trees are identified correctly. 3. To save the 30" Oak (Cedar Elm) properly sufficient area needs to be provided for its root system. It is not very healthy and has a lot of dead limbs in it, which indicates it is in decline. If any of its root system is destroyed it will cause more stress and the tree will decline even more or possibly die. 4. An alternative design could be considered to preserve the 18" Pine in the middle of the drive in Lot A. It has a wound on the south side of it from a backhoe which filled in an abandoned well close to the tree. Despite the wound the tree is in good condition. * All area within the public R.O.W., public utility or drainage easements as shown on an approved Final Plat and the fire lanes, required parking areas and area within six feet (6') of the building foundation as shown on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified in the Tree Preservation Ordinance 585-A. TREE PRESERVATION ANALYSIS Case: 98-143 Page 2 BUILDING INSPECTIONS L:trees/dre-98/98-143 5 All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. I C �� � � katl 7rJ'M1v 79vMY�pC _0 u ou 4APAW ul N� W W yi �� t■ Q = ;oy�a �v4coui �oaNN1,3a�Qq{R��Of 1I OR mr Up 7f W S W JuiF? z,aoa. & i "'-...noe 3�dlH ----------- in ;I I { 'Pal �I • - - - .I I 1 1 Ieoi ---------------•------- t fill jo ------------ ; ;------------------ ; i I I Y � .w .w 7 rF(: so j mnos tICIRLI Ut V" 12LSV3 SVFKM v s ton oow Lv im L s co o" 4" !'-'A °ab�4,npe�3�W� City of Southlake, Texas STAFF REPORT' January 29, 1999 CASE NO: ZA 98-142 PROJECT: Plat Revision / Lots 5111 & 5112, Thomas Easter No. 474 Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 5R1 and 5R2, Thomas Easter No. 474 Addition, being a revision of Lot 5, Thomas Easter No. 474 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and being approximately 2.670 acres. PURPOSE: To subdivide a single lot into two lots. LOCATION: On the southeast corner of the intersection of East Southlake Boulevard (F.M. 1709) and Crooked Lane Boulevard. OWNERS: Southlake Properties, Inc. APPLICANT: Caddy Property Management Ent., LLC CURRENT ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses and limited "I-1" Light Industrial District uses. LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor NO. NOTICES SENT: Two (2) RESPONSES: None P&Z ACTION: 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 (6-0-1) subject to Plat Review Summary No. 1, dated December 11, 1998. COUNCIL ACTION: January 5, 1999; Approved (7-0) to table and to continue the Public Hearing to the February 2, 1999, City Council meeting. 75 1 City of Southlake, Texas STAFF COMMENTS: The applicant has met the requirements listed in Plat Review Summary No. 1, dated December 11, 1998, with the exception of those in Plat Review Summary No. 2, dated December 31, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-142PR. WPD Qe 1J Z 1or a TR lR eae TnRTR TR x u TR rR >u ' TR TR 7k iR 3A 59 k SUF 113 TR 3D TR TR 5A TR 5 , 1 16.4 k TRM u Ic r I I TR 3B3 TR 3 U AC r ' ALA 25 k I A 1013 i i m k TR IN i 3Bl 61 k TM Tin 0k 10k 8 RC 4C TRACT MAP .. �J.3 o pA ri, 8 9 TRACT 6A .46 AC I po�A RACT Y 78 1 TRACT 68 TRACT 6A1 1.61 AC TR 6A1A T CT 6A2 .035 TR 2A1C 1.237 2A1 / 2.493 ® 2. ng j TR2 84 TR 2C .414 TR 11A I TR 118 7 AC 3.857 AC TR 3 2.9 0 TR 31 3 „S_P_2 STATE OF TEXAS SHURGARD TEXAS LIMITED PRTN "S-P-2" �1 5 14 4.8jj5 .683 TR 38 6.406 TR 3B1 .054 BLS E so J rlll lA E 1 B .598 ® 1A 1.558 rI 2 4 1 3 1R1 197 ADJACENT OWNERS A"r -I IN1 ru ` ',A I I 5 6 IN 1 1 � O v' E w Qov�i Cz r„ a E•U w xo a+ R E£ 6 0 Z CD _Z 0 CO LLJ 0 Q 0 /W L^L CL -ase No: ZA 98-142 City of Southlake, Texas PLAT REVIEW SAY Review No: Two Date of Review: 12/31/98 Project Name: Plat Revision - Lots 5R1 and 5R2. Thomas Easter No. 474 Addition, beinz a revision of Lot 5 Thomas Easter No 474 Addition being 2.67 acres out of the Thomas Easter Survey: Abstract No. 474 APPLICANT: SURVEYOR: Cadd Property Management 2834 Market Loop STE 100 Southlake TX 76092 Phone: (817) 329-1635 Fax:(817) 488-7205 Max Krugler JDJR Engineers and Consultants. Inc. 2505 Texas Drive, STE 109 Irving, TX 75062 Phone: (97 ) 252-5357 Fax: (972) 273-8860 Attn: James Dewev CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/21/98 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. In conformance with standard city nomenclature renumber the shown Lot 5R to "Lot 5R1" and the shown Lot 6 to "Lot 5R2". Ensure this change is reflected in the title, legal description and dedication. In addition remove the "Block 1" Designation. This plat was originally created through a "plat showing" which does not require block numbers. Provide the deed record (volume and page) for the current owner in the preamble. Label deed information (Vol. & Pg.) for the tract located at the southwest comer of the intersection of Crooked Lane and F.M. 1709 and for the tract adjacent to the west line of the shown Lot 6. 4. Provide common access easements in accordance with the approved Concept Plan or Site Plan. (No. 483-3.07-E) It appears that the revised concept plan currently in process, requires relocation and/or additional C.A.E. width. A "Certificate of Taxes Paid" from each taxing authority must be provided to the City prior to filing this plat in the County records. 6. Change the prior plat reference from PRDCT to PRTCT in the title block. 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:\COMDEV\WP-FILES\REV\98\98142PR2.WPD 9J Cr Page 1 City of Southlake, Texas * A Developer's Agreement may be 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: Caddy Property Management VIA FAX ABOVE JDJR Engineers and Consultants, Inc VIA FAX ABOVE Southlake Properties, Inc. VIA FAX (817) 488-2420 L:\COMDEV\WP-PILES\REV\98\98142PR2.NPD Page 2 r- ��� !obi` iAA�i iij cQ Jill ca I I P4 gas] i p oi OR i�g tx 31 tj I ----I—�--- �I IF I .i 9 I I �qq yp y N■ys of I e I i roa ..wNM r a. — I —aria — — I�Iz � I: I I� If I li IAe� S 14 ,11Y9C .Lc.gLGQ i I b + )J 9y3 Is 8 I� ly a na � ,2n <v Z YWS O d Ll 0 O�O U Ep0 R M Z/ W 15Z K O W i / ..J. a' d1 Lil X s Lid; A Cy ,8 Ja x«ro y = < r W a �2 Ld O Km�W W =i �IT ^ W N d City of Southlake, Texas L STAFF REPORT' January 29, 1999 CASE NO: ZA 98-145 PROJECT: Site Plan / Dardan Square STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Dardan Square on property legally described as a portion of Tract 2, situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 0.705 acres. PURPOSE: Site Plan approval required for permitting. LOCATION: On the south side of West Southlake Boulevard (F.M. 1709) approximately 150' east of the intersection of West Southlake Boulevard and Lake Crest Drive. OWNER: Dana and Scott Bailey APPLICANT: Dana Bailey CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Eleven (11) RESPONSES: Two (2) response were received within the 200' notification area: • Larry and Robbie Sue Mudd, 104 Clear Lake Court, Southlake, TX, in favor, "with the following 2 concerns..." See attached letter. (November 30, 1998). • Mary Dominguez, Spin 14 Representative, 209 Lake Crest Drive, Southlake, TX, undecided. See attached letter. (Received January 6, 1999). A second response was received from Ms. Dominguez on January 21, 1999. See attached letter. A third response was received from Ms. Dominguez on January 28, 1999. Also, attached to this letter is a letter from Dana Bailey to the members of Spin #14 and the Lake Crest Addition. See attached letter. 10 City of Southlake, Texas Eight (8) responses were received from outside of the 200' notification area: • Phil and Lucie Mims, 615 Dominion Drive, Southlake, TX, in favor, "We are local residents, and patrons of Dana's Dance Studio. We have seen the plans of the proposed studio and feel this would be a good use of the property. It will look good for Southlake's reputation of style and class, and Dana's own reputation serves our city well." (Received January 27, 1999). • Mari Ray, 702 Ashleigh Lane, Southlake, TX, in favor, "I am a Southlake resident and a patron of Dana's Studio of Dance. We support the new studio building which with your consent will be built soon." (Received January 27, 1999). • Deni Carruth, 7649 Bridlewood Court, North Richland Hills, TX, in favor. See attached letter. (Received January 27, 1999). • Alice Robertson, 7845 Skylake Drive, Fort Worth, TX, in favor. See attached letter. (Received January 28, 1999). • Lynn M. Fleming-Fabiano, 712 Shorecrest Drive, Southlake, TX, in favor, "As a participant at Dana's Studio of Dance and a resident of Timberlake, I am a concerned supporter of the new site. Traffic awareness, restricted speeds and a stop light at Shady Lane will aid in what could be a difficult entryway off 1709. Dana is a great Southlake business and will work with the city to everyone's benefit." (Received January 28, 1999). • Sandra Courson, 304 Sheffield Drive, Southlake, TX, in favor, See attached letter. (Received January 28, 1999). • Carine A. White, PO Box 551, Southlake, TX, in favor, "I would like to show my support for the above case and urgently request that you grant planning permission, or give the go ahead for her proposed Dana's Studio on Southlake Boulevard." (Received January 29, 1999). • Brad and Brenda Roney, 2106 Wessex Court, Southlake, TX, in favor. See attached letter. (Received January 29, 1999). A petition with two hundred fifty-nine (259) signatures in favor was received on January 28, 1999. See attached petition. P&Z ACTION: 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) at 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; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. I K-2 City of Southlake, Texas January 14, 1999; Approved (4-1) subject to Site Plan Review Summary No. 2, dated January 11, 1999, deleting Items # 1 a (driveway spacing) and #lb (stacking depth); granting the reduction in the number of parking spaces from 33 to 30; deleting Item #3a (bufferyard along property line of Lots 7 and 8); eliminating the right-in/right-out driveway and making it a full service driveway with a hammerhead at the end of the driveway; and accepting the applicant's commitment to extend the fence on the south property line along the entirety of Lots 7 and 8. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated December 11, 1998, and Site Plan Review Summary No. 2, dated January 11, 1999, with the exception of those in the attached Site Plan Review Summary No. 3, dated January 29, 1999. L:\COMDEV\WP-FILES\MEMO\98CASES\98-145SP.WPD IK-3 (4�w November 23, 1998 34 TO: Planning and Zoning Commission FROM: Larry & Robbie -Sue Mudd RE: Reference No. ZA 98-144 and Reference No. ZA 98-145 We are generally in favor of the above -referenced requests. However, we have 2 concerns as follows: - " (1) The property in question currently slopes to the center of the 2 proposed lots and away from 1709. When Southlake cut the "great" trench along the east side of the property, adequate drainage ditches were cut in the middle of the property (where the proposed building will be) to allow for drainage away from Lake Crest Block 1, lots 2 & 3. With the proposal, I don't see adequate drainage being provided away from the residential lots. (2) Lighting of the rear parking is a concern. We do not wish to have the lights shining into our back yard. High density lighting should be minimized if allowed at all. 6;0 RECP 1v0 V 3 p 998 9K- 4 (4wJanuary 6, 1999 City of SoutMake North Carroll Southlake, Texas 76092 Re: ZA 98-145 (Dardan Square) Dear Planning and Zoning Commission and City Council, I am a resident of Lake Crest, the subdivision bordering on this proposed site. While I appreciate the great efforts the applicant has made to have minimal impact on the residences behind "Dardan Square", I do have a few strong concerns. 1. While I am in favor of the architectural design of this building, I am deeply concerned about the potential traffic problem it will present. At the P &=Z Commission meeting of 12/17/98, several commissioners requested a revised site plan to reflect a 50' driveway for "stacking". While the most recent site plan (1212l/98) does reflect this, it still appears to be impractical. Having a 50' driveway ending in a dead-end seems to defeat the ability to drop off and pick up the large number of children who will be attending "Dana's Dance Studio" at regular intervals. I fear a large number of cars will be backed up on FM 1709 and affect the ability of Lake Crest's residents to enter and exit our subdivision safely through our only access merely 250' away. L�_ . I fear customers traveling west on FM 1709 will make a U turn using Lake Crest's entrance to access the studio because of the right in - right out drive access proposed to "Dardan Square". This is a safety hazard. I I am also concerned about the future development of Lot 7 causing even more traffic. This area is becoming increasingly dangerous having Shady Oaks Dr., a professional building el (and an empty lot yet to be devoped), a strip mall (w-ith Phase 2 currently being constructed), Lake Crest subdivision, another undeveloped lot currently zoned C-2, a veterinary office and Bicentennial Par1;S all within a very short distance. I support a single lot and a single building at "Dardan Square" with a circular driveway of some design to accomodate "Dana's Dance Studio", its traffic flow, its customers and their unique needs. Two lots and two buildings at this site would be overdevelopment of this property given these circumstances. Please consider the safety of Lake Crest's residents when considering ZA 98-145 at the upcoming meeting. Thank you. Mary 6ominguez Spin 147Representative for Lake Crest 209 Lake Crest Drive (kl� uthlake, Texas 76092 - BCD I AN 0 61999 90 -_ A Ann Creighton, Chairman City of Southlake c/o Community Development Department 667 North Carroll Southlake, Texas 76092 January 16, 1999 RE: PZ 98-145 "Dardan Square" Dear Ms. Creighton, Thank you once again for voicingyodr concerns to your co -commissioners. While I do not agree with your vote, I do understand it due to your reservations of another C-2 use of this site. Regardless of City Council's actions regarding Mardan's Square", the full development of this lot is yet to be determined and may not be appropriate. Lot 7 is still for sale and zoned C-2. One of the C-2 uses you had express concerned over could still be built. The potential traffic situation of the dance studio, if approved, will only compound the problem. At this time, I wish to inform you of a little history you may not be aware of. In May, 1997 this site was before P & Z as a result of the city initiated rezoning of certain properties in Southlake. An attempt was made to change the C-2 zoning to 0-1. It was denied. This had a direct impact on the current events. Mr. Makkus informed me he originally contacted City Staff in October, 1998 with the intention of building a single, larger one story building with two curb cuts and a circular drive. He was told it would not be allowed. If true, how ironic for it is the very concept which you and the residents of Lake Crest were in support of. In another matter, the larger property (called the Reutlinger property) adjacent to Lake Crest on the east was also before P & Z during the same city initiated rezoning attempt in 1997. Unfortunately, the request to change the current C-2 zoning to SF-20A was also denied. 1 urge the city to take the appropriate actions to change this C-2 zoning before it is too late. We are both aware of what could be built next to Lake Crest's homes under this outdated zoning. I welcome your input. Thank you. Mary Dominguez Spin 14 Rep. for Lake Crest 209 Lake Crest Dr. Southlake, TX 76092 421-1055 REC'D JAN 211999 9h-& City of Southlake City Council c/o Sandy LeGrand - City Secretary 1725 East Southlake Blvd. Southlake, TX 76092 Re: City Council Agenda 2/2/99 ZA 98-145 January 28, 1999 Honorable Mayor and City Council Members, After further discussion with the applicant resulting in the attached commitments made to Lake Crest homeowners. I respectfully request the approval of "Dardan Square" as shown on the most recent site plan. I do so on the behalf of Mr. and Mrs. L. Mudd and Mr. and Mrs. R. Chesbro, the adjacent homeowners, as well as ,Wzthe other Lake Crest residents present at the meeting. pon considering the alternatives, we fully support the 50 stacking depth and full access driveway as the best solution for the development of this site. Thank you. Mary Dominguez Spin 14 Rep. for Lake Crest 209 Lake Crest Dr. Southlake, TX 76092 421-1055 CC: Mr. and Mrs. L. Mudd Mr. and Mrs. R Chesbro Mr. and Mrs. S. Bailey Mr. Van Jones r7K- 7 RECD J k N � a 1999 MJ DanaC's Studio of Dance, Inc. Southlake. T`C. 817-488-9753 January 26, 1999 To: The Members of SPfN 14 and the Lake Crest Addition to the City of Southlake. From: Dana Bailey, President of Danaig Studio of Dance. Subject: Our Commitment to You. First let me thank each of you for you continued cooperation, positive attitude and fruitful discussions regarding the location of my studio at approximately 503 Southlake Blvd. as it adjoins the Lake Crest Addition. Based on the meeting last night and the previous meeting and discussions we have had with your group, we are able to make the following commitments to you. 1) We intend on building an 8 foot tall fence across the entire back of the two lots. We prefer the shadowbox type construction with metal poles. We do, however, want a consistent look across the property, so only one style will be erected. Either the Lake Crest fence committee or the two property owners most affected in this instance may make the decision on the style of wood fence. The Chesbro8 have informed us that the fence should be the shadowbox type exactly the same as the fence (without brick columns) behind Kosse Maykusa office building which is located at 700 E. Southlake Blvd. Any poles will be located on the side of Lots 7 and 8 and not on the homeownerO side. Please advise if this is the construction type desired by all parties. Either adjacent property owner has the right to apply water sealer or stain to the inside of the fence which faces their property. 2) The rear fence will be erected by the time the Studio occupies the building. We will coordinate the work with the two most affected property owners for their convenience. The location of the fence will be where the existing 6 foot fence is located, assuming that the current fence is on the property line. �) We will participate in the re -building of the fence to the west provided that the cost is equally shared between Lake Crest and us. However, the design of the fence should be compatible with the fence across the back of the property. Should Lake Crest design a fence which is more costly, then we will only participate in one-half of the cost of a fence similar to the rear fence. Lake Crest will determine the timing and the construction on this portion of the fence. It is also our understanding that your commitment to share in the cost of the fence on the west of Lot 7 is made available to the signators on this letter and not to any subsequent owners of the property. s lnw; 4) Lot 8 is the lot the dance studio will occupy. Lot 7 is the western lot. Danail Studio of Dance, Inc. will retain the architectural control of any building located on Lot 7. This includes the location of the building on the lot, the height of the building, lighting and the location of parkin`. Currently Planning, and Zoning has informed Danaid Studio of Dance, Inc. that any building on Lot 7 will be one story and located across the common access driveway due west of the dance studio building. Any construction or development of the building on Lot 7 will be Governed by the Planning and Zoning, City Council and Building ordinances. Danaii Studio of Dance Inc. cannot forecast ordinance changes which might occur in the future, but the zoning ordinances now in place dictate that the building located on Lot 7 cannot be a two story building. Additionally when the 50 foot stacking is approval, the parking must basically mirror that of the dance studio. No other configuration is possible according to Planning and Zoning given the restrictions now in place through the ordinances. It is Danaid Studio of Dance Inc.0 intention to fully comply with the ordinances of the City of Southlake. Danad Studio of Dance Inc. has exhibited their extreme sensitivity_ regarding the location of parking, lack of high windows on the rear, low rear lighting, height of the building, landscaping, fencing and location of the building. Danag Studio of Dance Inc. will continue to exhibit that sensitivity and will work diligently to make certain the development of the property to the west enhances the neighborhood and her property to the east. DanaH Studio of Dance Inc. will pass these restriction to any future owner of the property_ for their incorporation into their building plans. 5) If the City Council requires a 75 foot stacking depth at the throat of the property, then clearly all of the parking on both Lot 7 and Lot 8 will have to be shifted to the rear and the buildings moved to the front of the lots to accommodate the 75 foot stacking depth. This is a circumstance that Danag Studio of Dance, Inc. has fought and will continue to fight for the benefit of her studio and the neighborhood. 6) At the time of demolition of the house, the barn will also be removed from the property. Hopefully both will be removed beginning February 3, 1999, which is the day after City Council approves the site plan. The City of Southlake has ordinances in place which control the weed and mowing restrictions on any vacant lot. DanaM Studio of Dance, Inc. will comply fully with those ordinances. 7) The landscaping along the back property line on Lot 7 will be similar to landscaping which will be placed along the back property line on Lot 8. The timing of the landscaping for Lot 7 will be delayed until such time as the Lot is developed. 8) Danag Studio of Dance, Inc. is fully committed to proper water drainage so that (40., the natural flow of water will be properly channeled into the drainage easement along the eastern border of the both Lot 7 and Lot 8. DanaU Studio of Dance, ease. 3 ae 45- nk-a 0 Inc. will not redirect any flow of water toward the adjacent property owners. In a similar manner, Danaii Studio of Dance, Inc. does not expect the adjacent property owners to direct or redirect water on to Lot 7 and 8 apart from the natural, ungraded flow. Proper drainage studies will be conducted by licensed engineers and are part of the development of any project. The study for Lot 8 is complete and will be part of the building permit process which must be approved by the City of Southlake. The study for Lot 7 is not possible until such time as the development is done on that lot. By improving the flow on Lot 8, the flow of water from Lot 7 to Lot 8 will be enhanced. All water drainage studies are closely examined by the City of Southlake who has the final approval of the flow of water through and across any development. Danad Studio of Dance, Inc. will comply with all studies approved by the City of Southlake for the control of water drainage. 9) Danad Studio of Dance, Inc. is fully committed to only those lights which are necessary for the safety of the employees, owner, students, visitors and parents. The back lighting will consist of 2 or 3 bollard type lights which will not exceed 36" in height. There will be no lighting on the back or sides of the building which would direct light into the neighboring houses. 10) DanaM Studio of Dance, Inc. will additionally use their best efforts in development of the internal business practices to facilitate the internal traffic movement such as staggered class start and end time, a Van pickup and delivery service for her customers, or anv other internal ideas that may arise in the future which will facilitate the movement of traffic in and out of the parking lot. 11) Of course all of the above is predicated on the approval of Danad Studio of Dance, Inc. site plan on February 2, 1999 by City Council. In summary, we want to be a good neighbor to you as residence of Lake Crest. We have made over 50 revisions to the initial plans to accommodate changes requested by Lake Crest residents, Planning and Zoning, and City Council. DanaB Studio of Dance, Inc. has a $675,000 investment in her studio. There is no incentive for Danag Studio of Dance Inc. allowing something to be built on Lot 7 which detracts from the value of her investment. We are looking forward to a continued business and personal presence in Southlake. Should you have any additional question, please call. Thanks for your help in this matter. Sincerely; Danad Studio of Dance, Inc. Dana Bailey, President Q"' Scott Bailey, Vice President L. Van Jones Dna_sPin A n►c_ 11 �1`2? 1999 19:3a 81?a^o89'•53 DaNAS STUDIC%CUMF^TI PaGE 01 1 7 � r { f A •A�v �+/� �`(�L�..j 1�' 1 ram.. �/ \Y l / t/ ` Lam', f,,,", �.Ly, • l �. � . f 1 RECDJ rt±v iJ. ! C-,I . h Vl L/� \ �� ,l - X Vil�l+ ., �,v`�n �� LN�. •� \LSO ��ii�7 '`�,r�.t�- '-sl,crC L-=�u1.W�b�,� �•-c.�w `'��'��" ` 1 i'� � � i,% \ 1,' Vv tfi` l\\\��, v ` w ` Tt ,/� 1` . - /�.i \Y� �.. � 7 / {l \ V 1!-�l �lT\/ • 1`• •.� `" • V' V\ U3 �'A , • V. VA., _ Xl-kT, iJ V-�U ( •a ��-'1V n ?'i\f\ t \-./V,_LFi� T z- �/i7f lJ� 1!/ Q`�f' �+ `l�' l M'3/• 1 V O « ri v v v wv. vv • - _� nt,l\% ��n ._ci M'ViiJ�.,�"1,`�'� � V'���v`^�•�tvW 7 vu L.s U` a "'\ :� �d r)1A.117j E+1!28!1999 14:35 3174539753 DANAS STUDIU!CDMPATI PAGE cal WMF .fat ���� •: �r:i��,.a`.��,:./`�./ � :•' ,( i ti�.a 9K-13 FHUM : IHE: (LLVbUNS F'HUNE: NU. b1 r 251 l.J> Jan. 28 11J1J`J U4:2JF'M N1 All O/ 2 /7^ n.�p •- w n of / OV Y L. -fltilL 151— l .3 d'h - -- --- --7 A A.i w • r /i . IL /l n • s �% ny-(.wv f AW-of 1, n 9K-14 !�-GD ,JAN 281999 FIF U lb NU. : b 1 e ;251 1.Sbb Jan. Zi l yyy 04 : ;2-" F12 v A _ ✓ Y A 4A� � r d n! AA r ! 1 �.� �n -ter .u,P.G► De,o r�;r -��� 7`. � QtAJ (�,/.C.._- 44 %� .v u 1.iVL 1► i.C��. l/ib�- 'SYN'L! V �/ L.d/ /l C-GW��� ��`'.�, 0 � u Jan-29-99 12:25P P_O2 L m ATTN: City Council of Southlake, n �, v u u V cs A2989 CFRCE OF CITY SECRETARY This is in regards to Dana's Studio of Dance Case #ZA-98-145. Please vote yes and approve Dana's new Studio of Dance in the city of Southlake. Please do not disappoint all the children who participate daily in dancing at this wonderful studio. Brad and 1 definitely support the opening of a new building and support Dana in any decisions she has regarding the opeiiing of her new studio. Please mark us down in approving the new facility in Southlake. Tl�qlc You, Brenda Roney Brad Roney �- Brad Roney and Brenda Roney 2106 Wessex Ct. Roanoke, TX 76262 (817) 431-3153 REGO JAN 2 9 1999 r1 K- IN Ar Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Imam Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date Name Address ra I r 1 i- 'C _I"�� � L-�1- l ao G r� Oal_S oaa- 7 7Z 76-cf.)- 2?0 k4iklf0re5'r A .. C o n L Ta ( -7 6 7 ,, 7l� •� Rio LL�z�;` �, , ,dL 0tic - �, 2 / C Ti m heY-1-G 7&0r 7 �v /n., . 2/ C 7 /1t • -1 / 6 -7 2, C Cl 1/ 6L-0 (- IV!- /ao5 �Sau��e , �-, rncv me /���1 ' �Sa�.i1,)0.k riV N qh-n RFM JAN 281999 Agreement Petition We the undersigned residents. of Southlake have -reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. UAL Al -T 30 0 5t �11_ ctf- 114, �b1 �!D& "t nA f17,L� ::200 ��c )5-`1% as a9 Use As 5q�s h� W S 4 G;� a u, 0r4 1400( RC OS �)rIVSo�la - I-n T 1I `fir:'., fel4 Tx 762, o xa . /PAO lae,*p ol 6b3 I� 1K-I2 I ,n• o 4On0 1. M Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Date NamP A a.] •��,.OKA /�10 l� ♦ i A A L Agreement Petition. We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Tom as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fiffly support DANA' S STUDIO OF DANCE in their use of the property. T),q t P. . 7,jama A A I A i `Lou Cu 77- In J:P Ll Jt i 01 if 11 7 q,h f Yv f f�! VICY J. w" l / LJ 9 K.X) RECD JAN 2 81999 0 / i X, Agreement Petition We the unders igned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented tows for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. Data - -- - Alf)c &S le ifs% G AUUI CO.) 77W (A M ���n 11r 1 �I I (,(,}��S �n �j��( .Scti{t►1(I4 NiFQW �1-0 (--Q A Q�7 L v�� )l (S V o, YP4 L J i tC �i ( 1►1c; , rat 1' �1 1 �1 C.��-(•�- i � ��u/L /�— t ro C� UJa -f �w L.� �, -� 5 0 :��it L <-i<� 1K•21 R D JAN 281999 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property_ 11oto AT.,...... r MR11 ��., ' �►IBM RNM • ' Now AMLY' 11, 1PAA1 MO WO JAN 2 8 1999 J tee, IM . Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. nl +e 1.r_— _ . �...� Address X 7l� � %0 (o L r2 rEQ ka rS f ( Zoa4k a X— 7 76 o a4 I y i � Stone Lct.kes A� CL outl T -7too a . M4*4I%�ee + 7K 7G y i 303 L-OL l 1 l yf-{-ESL. �. �� Lam... C' C I -7 0 ' 3(( 6(4vtco Cii^ �eictt' 7 L 7 r/195-e , , `` --40 / J T1O. `i 2 au '- a )(- 7CPosI 9K-�3 REM JAN 2 81999 Agreement Petition (400, We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Dram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. n,l+a 1.r•.Z- I - 1 - c I-Xuui cab ; J -7 47'— Lo IZZZ �C C�o�� cz,r . Pd I e o J 7,1 e . ! 1 I �. "" r,.,(,� �.,.yL "�✓c.U.l7 r n �f.' S �� (�. (�i �j j,, ; T " ( c'!"1 L F 1l\ 6&)S SLI 1 1 1 Nlojul fyy l40 c c I 'J WGD JAN 2 81999 A L Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southiake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. R�GD JAN 28 lgg9 IX 7 Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. I IAtP wnm- - � - 'A ME - • • m NO��_ - 22!, •_' i r Wd �� � � �II�pI�� � �G \ i t�le - V-4 41 • `l K• 26 V orivn i n m ,;R 1 Q g Q 7 . Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. natP 'XT -e • f , /-/9 Ah" , Z Z)2f�ZU24 � Dr, c �� bs y�rii�R� Lance CJL ?37 wcl;otly 11b 64 P 9 �) 1 n MN.10, � 11 C� � 1 a RF(;'[l JAN 281999 ri l M Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 11iram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fiffly support BiANAIS STUDIO OF DANCE in their use of the property. 'npfa ATA I I CA; 1-WUl Ubb -- 7, 0 r l 2 CZ, R rnPC4- C —1 Y16 (X44 /o P, W n. j 1 J 161 0 Sazy I "t Ca" 46 4 a I, RECD JAN 2 81999 ]K-29 A Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S •STUDIO OF DANCE in their use of the property. Tlo*n AT., i2 'Ife J i--, d-aC&P—A - I �114 l i5j T ,v << 2 o 1 S0 { Dc- qv--Zq A Agreement Petition We the undersigned residents of Southlake have reviewed the Site Plan on Lot 8 Hiram Granberry Number 581 Addition to the City of Southlake, Tarrant County, Texas as presented to us for use by DANA'S STUDIO OF DANCE. We are pleased with the use, access and elevations as presented to us. We fully support DANA'S STUDIO OF DANCE in their use of the property. `1K•30 3 .o no i int/. TR 3C TR 3D6 4.27584.3165«o. a4 SANDLERARCH PARDUE 8SOUTHLAKE LTD. co �yyS O RSU VIC-2 L 354 U n •iD '0 TR 2C 1 0 0 2A1 STATE OF TEXA STATE F rExa� TR.3C2 IM p I EY .548 Ac 4 2 �gAN 5g1 K C E C. LAM TR 3A1 30OW R' .25 0 21 s 6R ASSOC. ,x 22 ,x TR 2C 23 2.96 AC ,n 24 10 I ,u ' 25 .i i 19 ,M 26 . IM 18 27 . I ,� rn 2 17 28 29 16 m � 3Is 1 A R. CHESBR C !� " a K. L. MUD a a � WEEN R. REUTLINGER �� G S. KALE SF-2 f 6 ,73 -/ 7 / ,» 8 kCENT OWNERS kNDjZON1NG 10 al 9 Ic- L12 TR 1 9.9 A 9.90 AC City of Southlake, Texas No.: ZA 98-145 Review No: Three Date of Review: 1/29/99 Project Name: Site Plan - Dardan Square on Lot 8. Hiram Granberry No. 581 Addition APPLICANT: Dana Baile 100 W. Southlake Boulevard, Suite 300 Southlake. Texas 76092 Phone: 817) 589-0006 Fax: (817) 589-0724 Attn: Van Jones ARCHITECT: M.J. Wright & Associates. Inc. 700 East Southlake Blvd. #170 Southlake. Texas 76092 Phone : (817) 424-3664 Fax :(817) 329-0093 Attn. Mike Wright CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/25/99 AND WE OFFER THE FOLLOWING STIPULATIONS.— THESE STIPULATIONS ARE HEREBY hIADE 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. The property is currently zoned "C-2" Local Retail Commercial District. The property is subject to the Corridor Overlay Zone and Residential Adjacency Standards. The proposed building meets the articulation and setback requirements. This site is in compliance with impervious coverage requirements of Ordinance 480-BB Sect. 21.5L. t. 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. Driveway Req'd Spacing Proy'd Spacing Deficiencv Drive to Lake Crest 500' 207' 293' Intersection The Commission and Council recommended approval of the Common Access Easement at this location with the approval of the Plat associated with this property. (P&ZAction 1/14199: Delete driveway spacing requirement and allow as shown.) b. Provide the minimum stacking depth. Driveway Req'd Stacking Prov'd Stacking Deficiency F.M. 1709 Driveway 75' 50' 25' (P&ZAction 1114199: Delete stacking depth requirement and allow as shown) NOTE: Stacking requirements are based on the total number of parking spaces served by the development (58) and the total number of driveways (1). This development includes: 30 spaces and 28 estimated spaces on the undeveloped tract to the west. (Assume 37 spaces per acre which is typical of office/retail development in Southlake). City of Southlake, Texas 2. As permitted by the Zoning Ordinance, Section 43.9.b., the applicant is requesting a 10% reduction in the number of parking spaces, from 33 required to 30 proposed spaces. Change the note on the plan to "... in accordance with the Corridor Overlay Zone regulations." (P&Z Action 1114199: Grant the reduction in the number of parking spaces from 33 to 30.) 3. The following changes are needed regarding bufferyards and interior landscaping: a. A 5' bufferyard is required along the property line between Lots 7 and 8, where the common drive is proposed. The applicant proposes relocating the 5' type "A" bufferyard to islands west of the building and east of the driveway and reducing the length from 200' to 84'. NOTE: No reduction in plantings is proposed. (P&ZAction 1114199: Delete the bufferyard required along the common property line of Lots 7 & 8.) b. Correct the following numbers in the Bufferyard Charts: West Required 5' 200' A 2 4 16 Provided 5' 84' A 2 4 16 C. Correct the north bufferyard cross -hatching, to include the entire bufferyard. 4. Provide a common access easement, as approved on the plat, for this property. This CAE must be 2' wider and centered on the proposed common driveway and should extend to the south edge of .o' pavement of the drive lane. P & ZAction: January 14, 1999; Approved (4-1) subject to Site Plan Review Summary No. 2, dated January 11, 1999, amended as noted above and with the following modifications: • eliminate the right-in/right-out driveway and make is a full service driveway with a hammerhead at the end of the driveway; and • accept the applicant's commitment to extend the fence along the entirety of Lots 7 & 8. IK-3N City of Southlake, Texas 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, Water & Sewer Impact and Tap Fees, Roadway Impact Fees, and related Permit Fees. A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Denotes Informational Comment cc: Area Surveying . M.J. Wright & Associates, Inc. Conner Lam Dana Bailey L:',CO'i�IDEV\WP-FILES\PEN"\98\98145SP3. WPD 817-329-0093 @ P.O. Box 488, Grapevine, Texas 76051 @ 100 W. Southlake Boulevard, Suite 300, Southlake, Texas, 76092 '1K-36 w.r[atuu xw 9i�IVI1r t 91.�lIMYJbV .•w-wfun wu.l +� , � � 6•dX313�iV'1hLLfl08 �w�„�►1Mhltlfll'PW � � F— 3at/l'R94 MlGalt/G w, aun[.aa••w• rn • rn I.n a fill 71fO11 Ai ArAil O i x I 8 is IY[l%anal A —e xJ 4 ,° 36 al: aovwva+a •O L[ YY YY �-��/e �� �u� Is fb a• .a •� F �1! ��� i i 11/_ 21 MCI 11 � 7YM "1�E4/ �AA.YaIOH A wl c • O V U 'Q w N a WN'11111-02 91 -37 i City of Southlake, Texas STAFF REPORT January 29. 1999 CASE NO: ZA 98-152 PROJECT: Site Plan / Panorama Place, Phase II STAFF CONTACT: Dennis Killough, Senior Planner, 481--`,581, ext. 787 REQUESTED ACTION: Site Plan for Panorama Place, Phase II. on property legally described as a portion of Tract 5A situated in the W. W. Hall Survey. Abstract No. 695, and being approximately 0.89 acres. PURPOSE: Site Plan approval required for permitting. LOCATION: On the west side of North Carroll Avenue approximately 375' south of Southcrest Court. OWNER: John Cole APPLICANT: Panorama Properties. Inc. CURRENT ZONING: "0-1" Office District LAND USE CATEGORY: Office Commercial NO. NOTICES SENT: Fourteen (14) RESPONSES: One (1) response was received within the 200' notification area: • John L. Cole, 5001 Spring Valley Rc1. Ste 1100 YV, Dallas. TX, in favor, "quality use of the property." (Received December 10, 1998). P&Z ACTION: December 17, 1998; Approved (7-0) to table and to continue the Public Hearing to the January 7, 1999, Planning and Zoning Commission meeting. January 7, 1999; Due to Case Resolution No. 97-22, this case was not heard and was continued to January 14, 1999. January 14, 1999; Approved (5-0) subject to Site Plan Review Summary No. 1, dated December 11. 1998, accepting the copper roofing as proposed. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated January 29 1999. L:`.COMDEV\WP-FILES\MEMO\98CASES',98-152SP.WPD -7c.— I J P SOUTHVIEiP TR M Y y x A K Y 2 q is 3 x a 1 a 131 128 19 113 1Q 132 5 $ 15 ii 16 a 17 ,7. .0% 31 131 6 a iN SOUTHCREST CT m 14 S3 13 7 a n 103 iy 137 1M g a 9 "s 10 ,Q 131 ,37 SOUTH BEND TR :2• 120 ,sO g $ 7 6 129 12S „SF—` 1s� w g a 10 Q 11 Q � ,2s us BASIS CT 127 123 123 lb ' 20 s s 1g s 17 SM-: .19 BRI< sz ,ss ,n 12s OWNBY LN 1S0 5 TR 50 2.892 AC ,tl A 6 160 SOUTHCREST LN ca x O U r2 ADJACENT OWNERS AND ZONING THE FECHTEL GROUP T-3" TR. = 3B 1.OAC City of Southlake, Texas ' 101 ' No.: ZA 98-152 Review No: Two Date of Review: 1/29/99 Project Name: Site Plan - Panorama Place, Phase 2 being 9 acres out of the W W Hall Survev Abstract No 695 APPLICANT: Panorama Properties. Inc. 502 N. Carroll Ave. Southlake. TX 76092 Phone : (817) 488-9000 Fax : (817) 488-0819 Attn: Will Edgington ARCHITECT: Blake Architect 1202 S. White Chapel Road, STE A Southlake. TX 76092 Phone : 817) 488-9397 Fax :(817) 251-3205 Attn: Skip Blake CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/25/99 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. Show and label the following adjacent easements: 10' U.E. North line Lots 29 & 30, Block 1, SouthView Phase II 10' U.E. East Line Lots 14 & 15, Block 1, SouthView Phase I 10' D.& U.E. South Line Lot 15, Block 1, SouthView Phase I 2. Provide bufferyards and planting in accordance with the attached chart. The site plan appears to indicate that no plantings are intended within the bufferyards. In the Interior Landscape Summary Chart correct the "provided" interior landscape area to 9,014 Sq. Ft. 3. A minimum 8' screening device and a minimum 6' Type F-1 fence is required between the proposed site and the adjacent residential properties to the south and west. The applicant has indicated that the existing screening fence along the west crosses the property boundary. If relief is granted to allow the use of the existing screening as shown, the applicant must provide an agreement for its maintenance as needed with the adjacent property owners. In the absence of such relief or maintenance agreement, the applicant must provide the applicable screening entirely within the subject property. 4. Show and label R.O.W. dedication in accordance with the Master Thoroughfare Plan. N. Carroll Ave is shown as a 100' A4D requiring a total of 25' of dedication from the existing centerline. The applicant shows a proposed 24.5' dedication. Modify the information in the Site Summary Chart as needed due to this change. City of Southlake, Texas 5. Modify and/or add the following items to the Site Data Summary Chart as indicated: Site Data Summary Existing Zoning Proposed Zoning Gross Acreage Site coverage Area of Outside Storage Percentage of Outside Storage Start Construction Finish Construction Maximum Bldg. Height Proposed Floor Area Floor Area By Use Required Parking Provided Parking -. Standard" Handicap Total Required Loading Spaces Provided Loading Spaces O-1 O-1 Approx. 43,028 Sq. Ft..99 acres 8,852 Sq. Ft. Xfonth/Year Month/Year UBC standard - Please list the actual building heights don't print "UBC standard" in Sq. Ft. in Sq. Ft. 34 spaces 37 2 39 0 0 6. Provide a minimum Thigh masonry screening wall around the proposed dumpster. Indicate the material to be used for the screening wall. Dumpster screening walls are required to utilize similar masonry materials to that of the building facade. Building A is indicated to be 20'- 1" in height (UBC standard). Buildings greater than 20' in height must be setback such that no part of the building encroaches above a 4:1 slope line from residential property lines. Building A encroaches above the slope line approximately 18'. Applicant has proposed a 40' setback from Lot 30 Block 1, Southview addition which is permitted for one story buildings 20' or less in height (UBC Standard). Buildings A and B comply with articulation requirements. The north and south elevations of both buildings do not require articulation. The width of the wall lengths involved do not exceed three times the wall height. 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 Revised Preliminary Plat followed by a Final 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. City of Southiake, Texas * Please be aware that any change of tenant/owners with a request for a new C.O. may require that additional parking be provided and may impact fire lane requirements. r * Denotes Informational Comment att: Bufferyard Calculation Chart, Interior Landscape Summary Chart cc: Panorama Properties, Inc. VIA FAX ABOVE Blake Architects VIA FAX ABOVE John Cole VIA FAX (817) 488-0819 L:\COtvfDEVNWP-FILESIREV198\98152SP2.WPD L- SUNWARY CHART - BUFFERYARDS Panorama Place - Phase II Case: 98-152 Location/ Lensfth of Base Line Required/ Length Bufferyard Width/T a Canon Trees Accent Trees Shrubs Fence/Screening Provided Hei ht & Material North - Required i 9011 5' - A 2 4 15 Provided 190' S' - A 0 1 0 0 East - Required 155'a 107 - E 2 3 12 Provided 165' 10' - E 0 0 0 South - Required 225' 10' - F1 7 14 18 6' Stockade Provided 225' S' - A 0 0 0 Existing West - Required 1727 -10' - F1 5 10 14 6' - Stockade Provided 172' 10' - F1 0 0 0 Existing *Note any credits used in calculations: a. Total length of required buffer was reduced for width of access drive. Other Comments: 1. SUMMARY CHART - INTERIOR LANDSCAPE Landscave % of Area in Canonv Accent Ground Cover fSg, Ft-) Area Front or Side Trees Trees Shrubs Required: 4,426 75% 7 15 74 443 :..: ••>Cx Y'� •wqq'.� 'hh.i :;:�.}•.;.}, :Pr.•'`him:,{.}•.wn;.:•fi}}}:•{•}f::,J.::Gr{T:::i<?'r::;:•:;<:?•,::.•.}:. }"�}�<.;{L•'i{i.. •++"S'•+' : ' i{• r }:?y.`•:{}t}.':nii+,,•;t:%3:i:'}-vn;::;i}:•}:{j +i:.'G:;}}}:}}} •{•}}:•Y}:f0:•}:•i::{<}vt .,:f... r.: �i'•;}`::+::;.: ':::ik+::.*'•.',lr,.,•.}•{:max •Wh.}::i� :. {}.:• },�,{.5{•+:i}ti .:: j:`•j::f:Y{•}}. v,{;'+i.:v •:: .{•}n•:•;• :::J •f.•} 1:M1 ~w,]L.}}v'+r,: ;••'+:y.:.. } + :} {}'•' Q•�: :•.:? N{;}.. �{::{>{• 4 - -+:01 -�:�-"-•::•h:: 'v: {fifi .ti+f}, ;...;`:^: ,:;.;:.}l,..: }{ti.:dh• {SY'•- - . ;:�r-.•:: *Note any credits used in calculations: a. Other Comments: 1. BUILDING INSPECTIONS U t rees/d rc-98/98-152 1 % r7 TREE PRESERVATION ANALYSIS (Non -Residential Development) Case: 98-152 Date of Review: 12 - 3 - 98 Number of Pages: I Project Name: Panorama Place - Phase II OWNER: Panorama Properties, Inc. 502 N. Carroll Ave. Southlake, TX 76092 Phone: (817) 488-9000 Fax: ENGINEERS/SURVEYORS: Blake Architects 1202 S. White Chapel Road, Suite A Southlake, TX 76092 Phone: (817) 488-9397 Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN. LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: t The three (3) Black Jack Oaks that are shown on the Tree Survey are located within the parking lot and the sidewalk on the west side of the building. There is a male Persimmon (which does not produce fruit) which is not shown on the Tree Survey. It is considered a protected Understory tree. I do not know where it is in relation to the buildings, sidewalks and parking lots. All area within the driveway, public sidewalks, patios, septic tank and lateral lines, parking area, pool and deck area and area within six feet (6') of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements of the Tree Preservation Ordinance 585-A. A tree removal permit must be obtained prior to the removal of any other protected tree on the property. * 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. A All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS L: trees/d rc-98/98-152 14 IKS-N-(IY • MW RU -MWU GIVIV LIWW WWO VIAW T10WWW714 -_ 3 31/6 Olp, 13MG LN I a091 t G2VH l '3WlJ V;4YWNY.1 Z <-. 11 •A.r =s�s�y�v o�•re 1 •�Nrdoaid dwva�oNbd �( T � Rey -s i '--------------------------1 I ' 1 ---------�-^- --� I ' I 1 I I 1 i /1 I I I rT 1 1 1 I t 1 _ � 11 jrr3 T T i 1 1 1_ 1 � F MK 1�1 i•. I�I n A y14 1 1'' I y _ _ _ — �• .• � lAiO�w2i .�a J.% `_J• a .ram 5 l e Na II� ■7� { C Ij -7L— q c lKt-W►-Llt • =Mk WM -DWN K r ms • as two 1" Is =I L G2VHal '2WIJ YHYNOMdal Z 20 sl*olIV*jV oxu16 I `VWcIOald `VP4YWONVcl : f Y U 11, e s 44.0 lr -• f k r ----- 1-- ------------- __..-. - — -----. -----�� 1 1 ---------- i------ / 1 I I I i1 II I i' I 11 1 I II 1 I 1 I I� 1 I L---J I I I I 1 1 I I i I 1 1 1 II /1 1 I II II I I 1 1 1 1 1 i 1 I I .I. `I 1 c - - -- ______- ... W -7L-—' V � �M- MG-W"- - am � ,_ . _ _ _,Mgt / o !a§�| }_��■ § ' � \ k| ����� ■ �a e | co , C13 � | - � z � § |u u u/ ou at \ k / t �{ , � � �k | | §§ n , k � . / ` ■ \ cr] | ' : §� | i � �--- | � | § � | � _ | | �v u u� y - (� to j ©0 au x 22 �& to k�o ©® | ! kilu | in City of Southlake, Texas STAFF REPORT January 29. 1999 CASE NO: ZA 98-165 PROJECT Site Plan / McDo______ STAFF CONTACT: Dennis Itillou-h. Senior Planner. 481-5581, ext. 787 REQUESTED ACTION: Site Plan for McDonald's on property legally described as Lot 4. Block 1, Southlake Crossing. Phase II. an addition to the City of Southlake. Tarrant County. Texas. as recorded in Cabinet A. Slide 1614. Plat Records. Tarrant County. Texas, and being approximately 1.056 acres. PURPOSE: All structures shown on this site are existing. The purpose of this site plan is to relocate landscape parking islands, parking spaces and drive lanes shown within the clouded areas on the plan. LOCATION: On the south side of West Southlake Boulevard (F.NI. 1709) approximately 400' east of Davis Boulevard (F.M. 1938). OWNER/APPLICANT: McDonald's Corporation (6,1CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Six (6) RESPONSES: Two (2) responses were received from within the 200' notification area: • John R. Drews, Southlake Joint Venture, 580 Commerce Street, Ste 400, Southlake, TX, in favor, "This will improve the traffic flow and provide safer car movement throughout the area surrounding McDonald's at Southlake Marketplace." (Received January 18, 1999). • Robert S. Rissing, Albertson's, Inc., 7580 Oak Grove Rcl.. Fort RVorth, TX in favor. (Received January 20, 1999). P&Z ACTION: January 21, 1999; Approved (6-0-1) subject to Site Plan Review - Summary No. 1, dated January 15, 1999. L City of Southlake, Texas STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated Jamu ry 15. 1999, with the exception of those listed in Site Plan Review Summary No. ?. dated January 29, 1999. L. CO.%IDEb`.%1'P-FILES`%IEiv1O198CASES`.93-16>SP.%%*PD I I I , I i I , I , I , I , I , I , I , 1 , I , 1 � 1 i 1 5R4R2 i 1.099 0 ti SA � ER �4R 23 A 1 &0' L DATE: 25 Januarv. 1999 TO: CITY OF SOL7HLAICE. TEKAS attn: Edward S. MCRoy Community Development Department 667 North Carroll Avenue Southlake. Texas 76092 RE: 93-165, Site Plan, McDonald's SCOPE: Plan review response letter Dear Sir: All changes requested. and the additional plan information (notes) is provided to the attached site plan for this property. Also, we would like to offer the following supplemental information regarding the effect of these changes to the parking and site landscaping: Eleven (11) parking spaces will be deleted, all of which are off -site (beyond the McDonald's property lines). A total of nine (9) new spaces will be added of which four (4) will be within the limits of the McDonald's property lines, and five (5) at the adjacent property. This means a net reduction of six (6) spaces to the adjacent Shopping Center property, and additional four (4) spaces for the _WcDonald's site. The existing site conditions provide forty sir (46) spaces within the McDonald's property lines. The proposed changes to the site will add four (4) new spaces for a new site total of fifty (50) spaces. Parking Required: a) Per building area formula: (4553SF div. by 100SF = 46 spaces. b) Per seating formula: (122 seats div. by 3seats = 41 spaces. Panting Provided: 50 spaces on -site or 4 greater than minimum required. DAVID E. LARSEN + ASSOCIATES ARCHITECTS, INC. -- 301 1 CA;NTON DALLAS. TEXAS .75226 REG''DJAN 25.1999 TELEPHONE 21.4i939-3908 FAX 214/939-3907 @ a o 1 c o E M A I L: _d 1 a r s e rt i rt cm 1. fam��`I�i:�JA2yl Island # I (existing at Northeast corner of property - (drive thru area)). Existing area..............830SF Proposed change ..... <SOSF> Net area......................750SF (change to this area plantings involve reduction in existing turf only) Island #2 (existing at Southwest comer Df property). Existing area...............350SF Proposed changes ......... OSF Net area.....................350SF (changes to this area will not reduce plantings, however the reconfiguration of the island will require demolition of existing turf and addition of new turf to match exdsting at new construction area. Additionally, the two (2) existing canopy trees that are within the demo area of the construction will require relocation. These trees will be moved to within the reconfigured island and spaced proportionately to what is now exdsting). Island #E3 (new at West side of property). Net area .......................140SF (this island will be landscaped with turf to thatch the exdsting curbed islands) Resultant changes is 60SF additional (turf) to site, all of which will contain a water irrigation sprinkler system. The revised site curbing and pavement will tie -into and conform with the general site drainage so as to prevent anv ponding or significant changes in the site elevations. bv: David Larsen attachments E*di p.c. D. ,Garner file 94144 rLic_t=2imiml ^t .•V ' • _ �.s Fri �s� F� - se.e� _~�- _-r_-ei ��"��-- _i rt.r•QIJ I City of Southlake, Texas G-e No.: ZA 98-165 Review No: Two Date of Review: 01/29/99 Project Name: Site Plan - McDonald's being Lot 4 Block 1 Southlake Crossing Ph.? APPLICANT: ?v1cDonald's Corporation 511 E. Carpenter Frwy.. STE. 375 Irvine. TX 75062 Phone: (972) 869-1888 Fax : (972) 869-5380 Attn: Dave Garner ARCHITECT: David E. Larsen & Associates 3011 Canton Street Dallas. TX 75226 Phone: (214) 939-3908 Fax : (214) 939-3907 Attn: David Larsen CITY STAFF HAS REVIEWED THE ABOVE. REFERENCED PROJECT RECEIVED BY THE CITY ON 01/25/99 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 S. MCROY AT (817) 481-5581, EXT. 880. * All structures shown on this site are existing. The Purpose of this site plan is to relocate landscape parking islands, parking spaces and drive lanes shown within the clouded areas on the plan. The scope of this review is limited to issues raised by the proposed reconfiguration. 1. Provide a chart on the plan showing the existing and proposed number and type of plantings within the landscape islands involved with this site plan. Existing plant materials if disturbed must be replaced within the newly constructed islands. The applicant has stated in a letter dated 1/25/99 (included in the packet) that the proposed changes will require relocation of two existing canopy trees and replanting of turf grass. Consult with the City Landscape Administrator, Keith Martin, regarding relocation and replanting of materials. ?. Provide a minimum inside turning radius of 30' adjacent to the fire lane in the southernmost new island construction. The curb is labeled 30' Radius however the graphic appears to scale to a 20' radius. C City of Southlake, Texas * The net result of this proposal, when including off -site parking, is a total reduction of two parking spaces. Staff has determined that this site and the adjacent site are in compliance with parking requirements. * A letter of permission for the proposed off -site construction and/or a mutual parking agreement must be in place to allow the proposed modifications. Provide documentation of such to the city. * 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 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 & Szwer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: McDonald's Corporation VIA FAX ABOVE David E. Larsen & Associates VIA FAX ABOVE L:\COMDE V\ W P-FILES\P EV\98\98l 65SP2. WPD L rim-9 ..[..� ar ..Hr ao snw arr .rr [r ,H,r`� r 1 X! - � [ p i • 'JN1 'S1J,lINJ,Y �'[ 'OATB S=r'OA7Y fJl7Bl/!OS r wHw.vy S31ViJOSSV + N3SVV j •3 01AVQ U rrpr u.Hw - r.r su s ...rI.H. w .•. err + all .n Mrl rr r r aNVM , w[•wa(n[F [...[ v 1.. 4t r '[u .Llppq 1 IN nI.OT` llA (Ol•Mp [) tMl...t _• G I � �; { ' � t Ip NN] I .t j —�— .OIIMafI. -•� -_ Lt0 .H as .gl,1! ! f= I! 1 i ! ��� �, �•� i i :� 11 ��'i ;' !i t ! =1,� (I 1.�� I It F G 14a !�i ���]]e p ] C 1!I !�e `.+!''! I� I� 1���� � i � �it f� 1 �I•� .T���J 9'' �y � OI la � sl j• �� �: ` �`!1 !°ii 9 �1!!!� iil�� i�! l.!!� 11! •.l g � l►!]�ii [[[ j' i � y Flu � �IF; B 3 ` In �li���— i�ii!,� PHI 1HO111; 1, ��'"�,.I° • _ ' `,i,lal,ii.,.tl:.l�l�i..l all I �� • JOJ� �, �--- � -= �z�,,. iY a ild�• �i�' �� � 9 i � B � i 0 i � � a� a � seas Vi"`Jsrfgi�t!!!1l16iai' ��y� [i as a i� . • r e � 1 k, if1 !HI •MQfIH J _ 112 11 Tqi,,O O j a - ` m 16 AP I r . 7�141 H �• - WIN ji iQ t u • \\ \\\ cn I r. w .••u'.7N1 ''S{J33[IlJtlyw ...... 11•• S31y1JOSSV + N3SNy'j -3 (11Ay(j r. ttrt. • e .mtr1'ttt t� r � r r>r W w.rr r yr 1 ... ttw'N • tit wr N ¢+7e cvMU.�os i ..,..s. ws�......�.;--1 --- — f .. \ ..we. rr. trt •.w met.. r � 77f, L- Mt( [t trRl L'•Mr 4t YM 'W IWYR l t�f SS WO't 1 0 l (01 AO _xMON t) IMtl.tl7.f `_�- w C.� •♦ i \ M CL eewe ..Q MHz S XC i jfsi� z: as (• F 8E; r l � HIM I I i I I •, . �: I x x x FM 8 City of Southlake, Texas MEMORANDUM January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance 733, 2" 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) • The designated hours of the school zones shall be between and including, thirty (30) minutes before and after the start of school in the morning (a.m.), and thirty (30) minutes before and after the close of school in the afternoon (p.m.). 7N-1 31 Financial Considerations: Not applicable Citizen Input/ Board Review: Not applicable Legal Review: Wayne Olson, City Attorney drafted this ordinance and reviewed the amendments Alternatives: Consider a uniform time schedule to include all the school zones Supporting Documents: Ordinance 733 Southlake City Code, Section 18-80 Amendments to the Southlake City Code, Section 18-80 School zone time matrix 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 February 2, 1999 Regular City Council Meeting Agenda for review and consideration. BW/th Approved for Submittal to City Council: City Manager's Office 7N-2 (am." 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. 7N-3 A (W." 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 and including thirty (30) minutes before and after the start of school in the morning (a.m.), and thirty (30) minutes before and after the close of the school in the afternoon (p.m.), 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 7N-4 From the 900 Block of E. 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. 7N-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 ,1999. MAYOR 7N-6 INJ L Am ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF EFFECTIVE DATE: 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney 7N-7 TRAMC AN-D VEHICLES 1 13-80 roadways and crosses ally and such other places as he may deem necessary where, in his opinion, there is a particular danger to pedestrians cross- ing the roadway; (2) Establish safety zones with such char- acter and at such places as he may deem neces- sary for the protection of pedestrians; and (3) Mark lames for traffic or street pave- ments at such places as he may deem advisable, consistent with the tra-iiic control ordinances of the city. (Ord. No. 562, § IX, 5-19-92) Secs. 18-47-18.75. Reserved. ARTICLE M. SPEED* Sec. 18-76. Reasonable and prudent limit — Generally. It shall be unlawful for any person to drive or operate a vehicle on a street or highway within the city at a speed greater than is reasonable and prudent under the circumstances then existing. (Ord. No. 642, § 2, 9-5-95) Sec. 18-77. Same —Excess prima facie evi- dence of violation. :any speed in excess of the prima facie maxi- mum reasonable and prudent speed limit estab- lished by ordinance for the location shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful. (Ord. No. 642, § 3, 9-5-95) Sec. 18-78. Same —Enumeration of safe speed; exceptions. The prima facie ma-dmum reasonable and pru- dent speed for travel upon any street or highway within the city shall be 30 miles per hour, except: (1) Upon S.H. 114 and F.M. 1709; (2) Upon streets and highways with a speed limit otherwise established by the state; *State law reference —Speed restrictions, V T.CA, Trans- portation Code 1545.351 et seq. (3i upon streets and highways with a speed limit otherwise established by ordinance; and (4) 'Where a slower speed is required by V.T.C.A , Transportation Code § 545.351(b) and (c), because of a special hazard or other condition set forth in such paragraphs. A speed Limit of 30 miles per hour shall be effective immediately upon any .street or-Jighway not presently posted with appropriate sig^_s. auch speed limit shall be effective upon anv street or highway otherwise posted with'a different speed limit when the presently existing speed limit sign is removed and a new speed limit sign reflecting a posted speed of 30 miles per hour is erected. (Ord. No. 642, § 4, 9-5-95) Sec. 18-79. Limits on certain streets and highways. The prima facie maximum reasonable and pru- dent speed for travel on the portions of the streets or highways designated in this section shall be the speed in miles per hour (mph) designated as follows, provided that an appropriate sign giving notice thereof is erected: Speed Limit Street (mph) North White Chapel Boulevard from F.M. 1709 to the north end of North White Chapel Boule- vard 40 F.M.1938 (Davis Boulevard) from mile point 0.000 south 0.892 mile to mile point 0.0892 45 (Ord. No. 642, § 5, 9-5-95) Sec. 18-80. Limits for school crossing zones. The prima facie maximum reasonable and pru- dent speed on the portion of the streets or high- ways designated in this section shall be the speed in miles per hour designated, between 7:00 a.m. and 9:00 a.m., both inclusive, and 2:00 p.m. and 4:00 p.m., both inclusive, Monday through Friday, when school is in session, provided that an appro- priate sign giving notice of such speed zone is erected. The reduced speed limits established in this section shall only be enforced between the CD18:9 7N-8 (aw 3 1r-80 SOVPHI.A E CITY CODE signs which are erected designating the begin- ning and end of each school crossing zone. It shall be an affirmative defense to a charge of exceeding the prima facie ma_�mum speed established as follows that the day in question was a day when there were no classes in session at the nearest school: School Speed Crossing Zone Street Limit Claredon School 1000 Block N. White Chapel Boulevard through 1400 Block V. White Chapel Boulevard 20 School Speed Montessori School 1000 Block E. High - Crossing Zorz Street Limit land to Intersection with S.E. 114 20 Carroll Intermedi- 1000 Block N. Car- (Ord. No. 642, § 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 adopted by the city council. The director of public Carroll Middle 2100 Block N. Car- works is hereby authorized to conduct engineer- School roll Avenue through 2600 Block N. Car- ing and traffic investigations and studies to de - roll Avenue 20 termine prima facie maximum speed limits which are reasonable and safe on roadways within the 800 Block E. Dove through 1300 Block city limits and to make recommendations to the council concerning speed regulations and E. Dove 20 city 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. Con- PeytonvWe to Con- tinental Boulevard tinental 20 The director of public works is hereby directed 1300 Block Con- to ensure that appropriate signs are erected and h tine tal through maintained giving notice of adopted speed limits, Con- 2200 Block and the times and location in which a reduced al tinentspeed 20 limit within a school crossing zone is in Florence Elemen- 3000 Block Johnson effect. The director of public works shall file a tary Road through 3200 written inventory with the city secretary of all Block 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. Ce (Ord_. No. 642, § 8, 9-5-95) CD18:10 VIM 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 9981000 Block of S. Peytonville to the intersection with Continental Blvd. 20 From the 438Q 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 2W 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 49W 1100 Block of E. Dove 20 The Clariden School From the 44991200 Block of N. White Chapel Blvd. through the 44001300 Block of N. White Chapel Blvd. 20 7N-10 Durham Elementary From the 500 Block of School Shady Oaks Dr. through the 4499 900 Block of Shady Oaks Dr. Florence Elementary From the 3999 2500 School Block of Johnson Rd. through the 9289 3100 Block of Johnson Rd. 0 Cr From the 200 Block of Harrell Dr. to the inter- section with Johnson Rd. Montessori School From the 1000 Block of E. Highland St. to the intersection with S N. Carroll Ave. Rockenbaugh From the 100 Block of Elementary School Byron Nelson Pkwy. through the 600 Block of Byron Nelson Pkwy. 411 20 20 ME 20 7N-11 OQ o ��o o t�. �j C/1 ° o CA ci � p- t3l C7 UQ °o 9 0. O O A� ° Gd w o va o0 00 °° c o0 0 O O V�i COD O CD 00 00 00 N °° 00 � 0N N W W ul O O W W W C11 O O C�D MEW CL oCD r3 CD �IO N O 0 0 CD y o o. 0 °0 0 ° cOi, FQ O 0 r- t=i � O 0 O CD CD � O � n. y ram.. a CD ►-4 CD --� � � O CD M c'i �• N 0 CD y ,.� CD o rn c� aCD CD o W CD Ln cr0 O N co 0 m O 1Q P N .- O o r a O y d CD M co CD O CL CD a CD N ¢: o � 0 0 CD ' 0 0 °o tz CD Ow ., c . cn 0- cn oCD 0 0 c 0 o �0 0 O CO CD vc O O O CD ) 00 00 00 00 y O O p Vi cn 00 �c 00 N W W N W r .•+ t!� O O O W O O O w w � 4t. W w :.,- ; l UI o O oW N 0 CD CD 7N-12 Laty of 5outblake, -texas MEMORANDUM January 29, 1999 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 732, 2nd 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 second 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 (aw, 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 ON 70-1 0- Shana K. Yelverton January 29, 1999 Page 2 Staff Recommendation: Council voted at first reading to clarify that the ordinance applies to persons seventeen years of age or older. 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 February 2, 1999 City Council meeting agenda for second reading. BC/bls Approved for Submittal to City Council: 70-2 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 (toe 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; (WB:VJrjnatngPub1ic.wpd (0724/98) Pape t 70-3 (2) on private property that the person does not own, unless the person (awl has permission from the property owner and could not be seen by another not on that property; or (3) on private property that the person owns, unless the person could not be seen by another not on that property. (b) Exception. It shall not be an offense under this section for a person younger than 17 to perform an act described in subsection a. 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. (asw 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. (4W'6:Wfina1ngPubfic.wpd (07/24M) Page z 70-4 's :- 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. 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 or defecating that have accrued at the time of the effective date of this ordinance; and, as to such accrued (W 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 (MV, BAUrinadngPublic.wpd (07/24/98) Pape 3 70-5 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. 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 kw08:WdnadngP1jb11C.wPd (07rz1/98) Page 4 I 70-6 City of Southlake, Texas MEMORANDUM January 21, 1999 i j TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 731, 2nd 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 Action Requested: City Council consideration of Ordinance No. 731 on second 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. Financial 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, 1-1, Light Industrial District" and Section 27, 1-2, Heavy Industrial District of the Comprehensive Zoning Ordinance No. 480, as amended. On January 19, 1999, City Council approved 1st reading on consent. Legal Review: City Attorney Analeslie Muncy prepared the attached ordinance. See her attached table which compares the current Dallas Code with Ordinance No. 731. City of Southlake, Texas Curtis E. Hawk, City Manager Ordinance No. 731 January 21, 1999 Page Two Alternatives: Not applicable. Supporting Documents: Staff Presentation of Ordinance No. 731; Staff Recommendation: Ordinance No. 731; Southlake City Code (1996), Chapter 5, Article V, "Sexually Oriented Businesses" (current provision); Table Comparing Dallas City Code and Southlake Revisions A Report on Sexually -Oriented Businesses and Their Secondary Impacts; Studies prepared by the cities of Austin, Texas, El Paso, Texas, Indianapolis, Indiana, Amarillo, Texas, Beaumont, Texas, Houston, Texas, Las Vegas, Nevada, and Los Angeles, California Dallas City Code Place Ordinance No. 731, revising regulations governing sexually -oriented businesses and establishing sexually oriented businesses as permitted uses within the I-1, Light Industrial and I-2, Heavy Industrial Districts on Council's February 2, 1999 agenda. Note that special sign regulations are proposed for sexually -oriented businesses and following 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 also that no changes have been made to the ordinance since first reading. Approved for Submittal to City Council: AV_ ity anager's Office :\COMDEV\WP-FILESZBAMSC\SOB\SOB-MEM2. WPD V-z Staff Presentation of Ordinance -No. 731 City Council Meeting ( 2-2-99) According to a National Family Legal Foundation fact sheet entitled, The Sex Industry in America, in 1996, Americans spent OVER $8 BILLION on hard-core videos, peep shows, phone sex, live sex acts adult cable programming, sexual devices, computer porn and sex magazines and further found that hard-core video rentals, strip clubs, cyberporn and phone sex sales have quadrupled in the last 10 years. Also, in a lead-in to an article found in Governing, entitled, Pornosprawl, it states "X-rated businesses are leaving the city for the suburbs. The suburbs aren't ready." Purpose of Ordinance To amend Chapter 5, Article V, "Sexually -Oriented Businesses" in the Southlake City Code (1996) and to amend the Comprehensive Zoning Ordinance No. 480, as amended, to establish SOBS as permitted uses within certain districts. Municipal Authority to Regulate and License Sexually -Oriented Businesses • Texas Constitution, Article XI and Local Government Code, Chapter 9, broad home rule powers to protect the health, safety, and welfare of the citizenry; • Local Government Code, Section 243, regulating and licensing of SOBs; • U.S. Constitution, 21st Amendment: broad powers to states to regulate alcoholic beverages; and • Texas Alcoholic Beverage Code, Section 109.57, regulation of location of SOBS. Limitations of Municipal Authority SOBS are protected by provisions of the 1st Amendment (freedom of speech and expression as long as the speech concerns lawful activity and is not misleading). However, obscenity is illegal in most states and is not protected by the 1 st Amendment. • Restriction of protected speech is valid only if it seeks to implement a substantial governmental interest, directly advances that interest, and reaches no farther than necessary to accomplish the given objective. • A city must provide reasonable alternative locations for SOBs. • Regulations for SOBS should be content neutral and time, place, and manner regulations and licensing requirements aimed at the reduction of the secondary effects of SOBS. 7P-3 Ordinance No. 731 Presentation City Council Meeting (2-2-99) Page Two Study Conducted to Determine Secondary Impacts of Sexually -Oriented Businesses Added to the official record is A Report on Sexually -Oriented Businesses and Their Secondary Impacts, prepared by staff, which was based on the findings in studies, reports, and findings conducted by the cities of Austin, El Paso, and Indianapolis as well as the studies, reports, and findings conducted by the cities of Amarillo, Beaumont, Houston, Las Vegas, and Los Angeles the following secondary impacts were noted: • increase in crime, especially in "victimless" crimes of prostitution and illegal drug use as well as the most serious crimes of assaults, robbery burglary and theft. Austin found that sexually - related crimes were two to five times higher in the four study areas than the city average for such crimes; and • decrease in property values Real estate professionals overwhelmingly agree with this conclusion and cite that 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. 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; and • spread of urban blight; • deterioration of neighborhoods and diminished quality of life due to the nuisance factor associated with SOBs; such as, emergency vehicles late at night, public brawls, and police investigations of prostitution and health violations; and • creation of incompatible land uses; • creation of "skid row districts" if SOBs were allowed to congregate or to concentrate within certain areas; • spread of sexually -transmitted diseases (STDs) and AIDS, resulting in public health concerns. Overview of Ordinance Sections 1 - 12 amend the Southlake City Code (1996). (4w, Sections 13 & 14 amend the Comprehensive Zoning Ordinance No. 480 Sections 15 - 20 is standard boilerplate for all ordinances. q P- 4 Ordinance No. 731 Presentation City Council Meeting (2-2-99) Page Three Summary of Ordinance Provisions Section 1 adopts the findings set forth in the preamble of Ordinance No. 731. Section 2 revises, adds, and deletes certain definitions to align with those found in the Dallas City Code. Section 3 adds love parlors to the list of commercial establishments defined and classified as sexually - oriented businesses. Section 4 makes minor wording changes to the provision that the operator of a sexually -oriented business, or his agent, commits an offense if they refuse to permit a lawful inspection of the premises at the time the establishment is occupied or open for business. Section 5 establishes 1,000' separation between a SOB and 1) a church or synagogue; 2) a school; 3) a boundary of a residential district as defined in the comprehensive zoning ordinance; 4) a park; 5) the property line of a lot devoted to a residential use; 6) adds "the boundary of a corridor overlay zone established in the comprehensive zoning ordinance, or within any corridor overlay zone;" 7) adds "a hospital;" and 8) adds "a child care facility." Note that these distance separations apply not only to Southlake properties, but to 'protected " uses outside of Southlake 's municipal boundaries. This section also changes the 500' separation to 1,000' separation between SOBs. It prohibits more than one SOB in a building, structure, or prohibits the increase of floor area of a building containing another SOB. Distance measurements are established as in a straight line, without regard to intervening structure of objects, from the nearest portion of the building or structure used for a SOB to the nearest property line of a protected use. Distance between two SOBs is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each SOB is located. Subparagraphs (f) through (i) address legal, nonconforming SOBS (in case there are such businesses existing within the city of which we are unaware). Amortization of nonconforming SOBS is still permitted in accordance to the procedures set forth in the comprehensive zoning ordinance. Section 6 addresses additional regulations for nude model studios, adding some provisions set forth in the Dallas City Code. These provisions prohibit an employee of a nude model studio or a customer at such establishment from touching the other person or the clothing of that individual while "exposing a specified anatomical area." Section 7 addresses additional regulations for adult cabarets, adding some provisions set forth in the Dallas City Code. These provisions prohibit an employee of an adult cabaret or a customer at such 7P-_4� Ordinance No. 731 Presentation City Council Meeting (2-2-99) 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 way 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. h comprehensive zoning ordinance to establish sexually -oriented businesses as Section 13 amends the co p g y permitted uses by right in Section 26, "I-1, Light Industrial District" and Section 27, "I-2, Heavy Industrial District." q p- 6 Ordinance No. 731 Presentation City Council Meeting (2-2-99) 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 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 the report; and • Continue utilizing the dispersement method of regulating SOBS, but changing the currently adopted 500-foot minimum Waging 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 svnagogue• 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 Sexually - Oriented Businesses as permitted uses in the "I-l" and 1-2" 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 7 P- ? 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 municipalboundariesof Southlake. L:\COMDEV\WP-FILES\ZBA\MISC\SOB\PRESENT. WPD I P- f 0 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 ATMENDED; PROVIDING DEFINITIONS; PROVIDING ADDITIONAL LOCATIONAL RESTRICTIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING ADDITIONAL REGULATIONS APPROPRIATE TO DIFFERENT TYPES OF SEXUALLY - ORIENTED BUSLNESSES; PROVIDING REGULATIONS FOR SIGNS AND BUILDING EXTERIORS; PROVIDING FOR APPEALS; PROVIDING FOR AINIORTIZATION Of---NONCONFORMINGSEXUALLY ORIENTED BUSLv'ESSES; 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 q p- 9 Pagel WHEREAS, the city council of the City of Southlake, Texas, heretofore -adopted regulations 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 7 P- io (01-15-99) Pale 2 0 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 2°d 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." Nl-1S..gq) 1 P-11 page 3 A 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: "See.5-166. Definitions. . �� n ►.um . • •• ••, F.M.'MIR4 • , n ►.nn, twig• •t • .� ■ Achromatic mean colorless or lacking in saturation or hue The term includes but is not limited to, gays. tan. and sight 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, or photographs, films, 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 , : and (2) is distinguishedcharacterized by an emphasis on matter depicting simulating describing or relating to the-eamosare-of specified anatomical areas or -by specified sexual activities, -,-or (3) fitms, motion pictuxes-, video camdes, slides, or other photog ffic repLod=tions which axe characteri=d by ffie depictioirot description of specified se=af activities OL 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 pr (01-I5-99 I f - 12, Pap 4 anatomical areas, and has a sign visible from (400.1 description of specified sexual activities or specified 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 Iess than 1¢tca 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 1Q-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 a 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. / / . n /1 .1 w .// n • • / . Ir. / / • n • • n • . • 11application, 1 Ir of p&rtnCLSifip OL association1/• u respect to a COL]POLation,/ OffiCeL and / ovvnri of 20 percent or more of stock of 1 stich corpoiadon Mlich intends to cst:�bfish 01. opmate ■. • / • • / Nam'•. Cl %e"FIdef of Police means the dcpaty director of • • Ot iris designated agent. Child-care facUjo means a facility licensed by the State of Texas to provide child care. Church or �ynagague means a building in which persons regularly assemble for rel'- * worship and activities primarily forpurposes connected with sucl�worship or • • •p.•. ting- a particular formof • • belief. CoM"r hen7 I[ IPrdinance!mean the coml2rehens* rdinance of as it is !! !/"/ from time t6 time. (1) is allowed to enter a sexually oriented business -in return for the payment of a admission fee or any other form of consideration or gratuitye or- Q) 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. Dgi2uly director i2f police seryices means the head of the city's Police division of the (owl departme�t of public safety or his representative, (01-15-99) I P 13 pars., • ! • • 1 •11 ! ••. FTNI11,11SIM91 • ! TTI •v-! i• • !- •1 1 •!1 AWIM1014V 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 w ' 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 semintid ty-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. 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 areola '� 1 1 iy (01-15-Pase6 (1) my land dedicated to and/or maintained by the city. Tarrant County. Dento Countv. the State of Texas. or any state or federal agency for traditional 12ark-like recreational • M • • (2) any land owned and maintained by a devel"er. homeowners' association or trustee for traditional •.rk-like recreational pulposes and which is dedicated on a plat in lieu • 12ublic park dedication requirements. in accordancewith ther• • ordinance. Person at person or an individual. proprietorship. partnershilL coEPoration. PfincWl.means over 25 percent of customers. volume of sales. stock in trade. display zoning Residential district means a district zoned for -residential uses under the comprehensive ordinance. Residential -use means a singlefamily t•!!-- two-family home. !!•• �••I manufactured home. or multiple family dwelling as defined in the comprehensive zo 40", ordinance. School means any public or private , elementary or secondary school. b and areoia of the femak- breast, as well aS JJVILIOLIS of the body cove�cd by suppo covets no MoLe than the genitals, pubic Sexual encounter center means a business or commercial enterprise that, as one of its c' a-primarq 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 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 princinl_e business of which is the offering of a service or the selling renting or exhibiting of devices or anv other items intended to provide sexual stimulation or sexual gratification to its customers. and which is characterized by the depiction or description of Mecified sexual activities or specified 7P- IS �, rol-is-� anatomical areas or whose employees or customen 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 anv manner so that it is visible from the outside of a sexually oriented business: and • to seek the attraction of public to any goods.or h•n• availableise (mow, oriented business Specified anatomical areas meansi ( anv 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: (S') 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 covered Specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, Ce anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, -or sodomy,or bestiality; '1 P-IG 8 (01-IS-9% PW (3) masturbation, actual or simulated; or (4) excretory functions as part of or in with any of the activities set forth in subsections (1) through (3) of this definition. Substantial enlargement means, with respect to a lawfully = ating sexually oriented business, the increase in floor area occupied by the business by more than 25 percent, as the floor area e i -exists on the effective- date of Ordinance No. 399 or February 2. 1999. whichever is 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 policc-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; (awl (4) Adult motel; (5) Adult motion picture theater; (6) Adult theater; (01-15-99) 1 P- I Page 9 (7) Escort agency; (8) Love parlor: J2)—Nude model studio; and QW-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 1&rson's-rorhose agent or employee operatcs the 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 jhg-snch 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. operatedL.4r 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 ordinanc , ; (4) a1mb is park; --or (5) the property line of a lot devoted to a residential use; (6) the boundary of a corridor overlay zone established in the comprehensive zoning ordinance or within any corridor overlay zone: J71 a h•W1ta : • r (01.15-99) 7 I - P Page 10 (b) A person commits an offense if the person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business -located within 1QQQ7 6 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 in .&-tite-same building, stnlctu , or the increase of floor area of any sexually oriented business in any building 9C, structur , ereof 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 -part -of the premises where a sexually oriented business is conducted, to the nearest property line of the -premises of a church. svnagog=--or school, hospital. or child- care facility, or to the nearest boundary of -m affected public park, residential district, or residential u=-iot. (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.73J-399, ad4ptng amendments to Article V. that is in violation of the locational requirements of Subsection (a)(6). (7). or (8).or (b)-or-(c3 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 altered; except, that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1Q00-568 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 gc-iot- 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. 771-3199 a-d 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 Las S=h IOMPreherts' . - rdiim=e may, ftorn time to time, be airtendcd. (1) Nothing contained in this article shall be construed to limit the amortiz-atio-n-af-a nonconforming sexually oriented business u e e *ve zonine ordinance." rot.ts_991 q P-11 Page II 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 -shall -mot employ any person under the age of 18 years. (b) A person under the age of 18 years commits an offense if jhc-s=h person appears in a state of nudityV-r-scminudity in or:bn 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 -stich person appears in a state of nudity -or simulated nudity, or knowingly allows another to appear in a state of nudity , in an area of a nude model studio premises which can be viewed from the public right-of-way. (d) A Mrson commits an offense if 1 e nc►rplax-orpermit a bed, sofa, or mattress in any room on the premises of a nude model studio (am" 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 Mrmits 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. C I (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) 7 P - 20 page 12 (c) A licensee or employee of an adult cabaret commits an offense if the licensee DI employee permits a customer• • ._1 area of ! premises not v siblefrom ! it !. r not visible by a walk through of the premises without entering a closed area. excluding restrooms. SECTION S. 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 porson-he knowingly allows a person under the age of 18 years to appear in a state of nudiLy or simulated naditp 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 pemn-he knowingly appears in a state of 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 jht age 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 any time contain or be used for sexually oriented business activity, video reproduction equipment, or sexually oriented merchandise. (¢person who operates a sexually oriented business or his ai-z�ent or employee commits an offense if the person oMrates the establishment without maintaining on the premises. a current list of all eniiployees employed by the business along with a complete updated emplQy-ment application Each employment application shall include a copy of a valid driver's license. state identification card or passport all with a photograph. in �Sec. 5-176.2. Exteri• ��i• sexually oriented u i Kylrl��•���ri7assn����sl�L�r�r��:.-.-.-� -- - - P - 21 Page 13 ce (1) the merchandise or activities of the establishment to be visible from my pQi outside the• ! 11 ! ! •• ❖l_•R_ • y'i.• 111 • 1. - t• 1 1_ •i • • • Plot. 1• • • • 1 1 • i • !' • • • M. • • • ! !!• 11 • [• • !' •!• •! 11 Ml- 1 gi • ! 1! ! • . K • • !! R1 RR ! l • the exteriorportions of ! individual unit1 the commercialR! 1 ! • 1• 1' '.l'!• �•(.•1 • !" • 111 R •. 1 "� _R Ii" • • , •1 11704,111 ,1! MORNITIM1111 ff7it"Ri FROMMUT1 of a sexually oriented business. (c) The exterior of my sexually oriented business lawfully operating on February 2.1999. is not . . to omply with Subseclions - 1• of this sectiontil • • s. •.. remodeling.repainting that cumulativelyt mone than 50 percent of I • are performed ort the sexually oriented business during any 12-month 12eriod." 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 an, oy they 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 sien one attached sign and entrance signs as provided in this section. must: (b) A monument sign may have no more than two display surfaces Each display surface i• WITITTRYTITAMMM41 (2) be a flat plane rectangular in shape: 3Z not exceed 50 square feet in area: e' feet i length-, and L4) not exceed 4 feet in h qht rfijyj-t" FRHMOMMIMMMM • ! 1 • • R- 1 P ' 2° , Page 14 �c) An attached sign may have only one di ay surface. The disPlav surface must: (1) not contain any flashing lights: not _zz 1 •L._r 1 ,._i . • 1 . • • • • • • t • !. WWchever is more restrictive: �• • 1 1 - • 1 • • ! • ! • 11 • �' 11 ! • ! �t • • I 1 11.1 _I1: ! • �. 1�•1 V in I Fo• W •1 .T ! no!• •• C•1 1• • !� • • • ! e • 1 _� • !_ • c_! _1 • 1 • Il a • ! _t 1 • 1 (1) the name of the establishment: and/or (2) one or more of the following Phrases: ,r (A) Adult arcade: (C) Adult video store: (D) Adult cabaret: 1 XI11• •1 2 91 W('• " (G) Adult theater: (H) Escort agency: (1) Nude model studio: or (K) Sexual encounter center. • .1 .• !1• •! • i ! 11 •1 . t _I •1C 1I• '• • •t • ' 1 P. z 3 Page is (Mve (f) Each letter forming a word on a monument or i t • sign must of • . color. c_1d• each letter must be theIt r ! 1 Z=and color.The r , , ' • ! ! behind the lettering on the display surfa e of monument or i t • sign must be of t •!tl and solid color, Fil • 1 1• t• 1 ! • 11 1 • t •! t• •! • ,1 IFUMIUMMIRPIPTI)1 _1 r -11 • •. t• i • ( . • �' •1 ,fir • 1 • • 1 • r . i • • 1 • r 1 • • • • • • 1 • e _ 1 " • [111M11" • ML the cO requigs removal. relocation. or reconstruction of the accordance _I ipplicable city ordinance or 11- 11� 1 � 1 - •t- -• r - �1 ❖ 1• 1 •1.7r K • r - • r "1 visiblebv all Dersons Drior• 1 t • the establishment.1 letterinQ •f at least one 1 height in Engli.1• Spanish which containsthe following "THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY . FEATURES licensed be •!• •NUDITY OR ACTIVITY OF NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDE EIGHTEEN YEARS OF AGE ALLOWED ENTRY for "NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY." i alcohol 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 -a -I . . of this article otheL than Section 5-170, upon conviction, is punishable by a fine not to exceed $2000.00 for each offense. (b) If the sexuallyoriented 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-B misdemeanor." P- zq (01-15-99) Pagc ib (501 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: MAWaTtv am, • • ! • •! 1 , t I _• • • • •� • ! the timeperiod • • by • • ! 1 • has r • Mall - • • • l • •Irmo ••! •• • !� ! • •! ! • PUT =M V Mte OMM, -1 RMT-TRIM * Mot VMM�M�� M 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: (two" 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 ficeime, by certified mail, return , written notice to the applicant or licensee of such actionLight 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 day. (c) If a written mWnse from the applicant or licensee is received by the deputy director of police services before the exniration of the third working day the suspension denial of issuance or revocation will be stayed pending a decision by the dep"y 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 deputy director of police services is effective immediately and final pending any appeal. (01-15-" 7 (- " - Pqc 17 . • ! •IVM 1 • MPFF Wo7TMMFr 1 - ! , 1 -we 1 - . 1 ! 11 - ! • (3) certified mail. return receipt requested to the address listed in the license application for receipt of notice RXIFT61tv• • �' �• • _1' • • • • • • �_ ' 111 !. !. - ! l-! • •ram Is ..! •• ••/. • (h) An appeal to the appropriate court must be filed within 30 days after the receipt (M notice of ! decision of !" •"r_y director of police Y Y DPIW • .q ■ • • •r• • r q/ ■ . • • / • • •• .• il 111 111111• 1• ■ • • • , - ....J , 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 definition 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 Cityof Southlake Texas except where the provisions of this ordinance are in direct conflict with P (01-15-99) 1 P- z 10 Pse to 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 an other ordinance or code provision affecting sexually oriented businesses which Y p b Y 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) q P_ 2 7 Page 19 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 , 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney XSouthlalre ordinanceWW DAY OF (01-I5-99) 1 P-2 6 Page 20 �W§ 5-148 Secs. 5-148--5-165. Reserved. SOUTM AIE CITY CODE ARTICLE V. SEXUALLY ORIENTED BUSINESSES* DIVISION 1. GENERALLY Sec. 5-166. Definitions. The following words,.terms and phrases, -when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning - Adult arcade means any place to which the public is permitted or invited wherein coin - operated or slug -operated or electronically, elec- trically, 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 dme, and where the images so displayed are distinguished or characterized -by the depicting or describing of specified sexual activities or speci- fied 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, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which de- pict or describe specified sexual activities or spec- ified anatomical areas; or (2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. Adult cabaret means a nightclub, bar, restau- rant, or similar commercial establishment which regularly features: (1) Persons who appear in a state of nudity �rIr s—eminudity; •State law reference—Authorit3r of cityto regulate o sex- uaAy oriented businesses, V.T.CA., Local Government Code ch. 243. (2) Live performances which are character- ized by the exposure of specified anatomical areas or by specified sexual activities; or (3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities.or specified anatom- ical 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 pa- trons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are char- acterized by the depiction or description of speci- fied sexual activities or specified anatomical ar- eas, and has a sign visible from the public right- of-way which advertises the availability of this type of photographic reproductions; (2) Offers a sleeping room for rent for a period of time that is less than ten hours; or (3) Allows a tenant or occupant of a sleep- ing room to subrent the room for a period of time that is less than ten hours. Adult motion picture theater means a commer- cial establishment where, for any form of consid- eration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activ- ities or specified anatomical areas. Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of spec- ified anatomical areas or by specified sexual ac- tivities. ----- - Applicant means an individual natural person and, as of the date of an application, each member of a partnership or association and, with respect to a corporation, each officer and each owner of 20 percent or more of stock of such corporatidn; -> which intends to establish or operate a sexually oriented business. CD5:10 rl P- 21 7 L C BUMESSES Chief of police means the deputy director of police services or his designated agent. 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 asso- ciation who furnishes, offers to furnish, or adver- tises to furnish escorts as one -of its primary business purposes, for a fee, tip, or other consid- eration. 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 an applicant who has been issued a license to operate a sexually oriented business. Nude model studio means any place where a person who appears in a state of nudity or seminudity or displays specified anatomical ar- eas, 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 a state of nudity means: (1) The appearance of a human bare butm. tock, anus, male genitals, female genitals, or — female breast; or (2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, fe- male genitals, or areola of the female breast. Person means a natural person or individual. 1 5-166 School means any public or private nursery, preschool, day care center, learning center, ele- mentary or secondary school. Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body_ covered by supporting straps or devices. Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consid- eration: (1) Physical contact in the form of wres- tling or tumbling between persons of the opposite sex; or (2) Activities between male and female per- sons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity. Sexually oriented business means an adult ar- cade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture the- ater, adult theater, escort agency, nude modeling studio, or sexual encounter center. Specified anatomical areas means human gen- itals in a state of sexual arousal. Specified sexual activities means 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; (3) Masturbation, actual or simulated; or (4) Excretory functions- as part of or in connection with any of the activities set forth in subsections W- 43) of this definition. Substantial enlargement means, with respect to a sexually oriented business, the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on the effective date of Ordinance No. 399. CD5:11 I P- 36 § 5-166 SOtTEMAKE C1TY CODE. ?}ansfer of ownership or control means, with respect to a sexually. orientedbusiness, any of the following: (1) The sale, lease, or sublease of the busi- ness; (2) The transfer of securities or other own- ership 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 own- ership or control of the business, except for trans- fer 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 require- ments of section 5-197, who shall have notified the deputy. director of public services of the trans- fer and furnished all of the information required to be submitted in an application for a license, thin 60 days of the transfer. (Ord. No. 399, § 3, 12-1-87) Cross reference —Definitions generally, § 1-2. State law reference —"Sexually oriented business" de- fined, V.T.CA, Local Government Code § 243.002. Sec. 5-167. Purpose and intent of article. (a) It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the -city. The provisions of this article have neither the purpose nor effect of imposing a limitation or. restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (b) It is the intent of the city council that the )cational regulations contained in section 5-170 are promulgated pursuant to V.T.CA, Local Gov- ernment Code ch. 243, as it applies to nude model studios and sexual encounter centers only. It is the intent of the city council that all other provi- sions of this article are promulgated pursuant to the city Charter and V.T.CA, Local Government Code §§ 54.004 and 215.075. (Ord. No. 399, § 2, 12-1-87) State law reference —Purpose of statute, V.T.CA, Local Government Code § 243.001. Sec. 5-16& Classification. Sexually oriented business is defined and clas- sified 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; (5) Adult motion picture theater, (6) Adult theater•, (7)- Escort agency-, (8) Nude model studio; and (9) Sexual encounter center. (Ord. No. 399, § 4, 12-1-87) Sec. 5-169. Inspection. (a) At any time it is occupied or open for business, an applicant or licensee shall permit representatives of the police services, health de- partment, fire services and building inspection division to inspect the premises of a sexually. oriented business for the purpose of insuring compliance with the law. (b) A person who operates a sexually oriented business, or whose agent or employee operates the 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 represen- tative`of such departments at any time it is occupied or open for business. (c) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. (Ord. No. 399, § 8, 12-1-87) CD5:12 9P-31 Lri Q." BUSINESSES ¢ 5-171 Sec. 5-170. Location —Restrictions. (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; (2) A school; (3) A boundary of a residential district as defined in the comprehensive zoning ordinance, as amended, of the city (4) A public park; or (5) The property line of a lot devoted to residential use. (b) A person commits an offense if the person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business located within 500 feet of another sexually oriented busi- ness. (c) A person commits an offense if the person causes or permits the operation, establishment, or maintenance of more than one sexually ori- ented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, struc- ture, or portion thereof containing another sexu- ally 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an af- fected public park, residential district, or residen- tial lot. (e) For purposes of subsection (b) of this sec- tion, the distance between any two sexually ori, ented businesses shall be measured in a straight --- line, without regard to intervening structures or objects, from the closest exterior wall of the struc- ture in which each business is located. (f) Any sexually oriented business lawfully op- erating on the effective date of Ordinance No. 399 that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to con- tinue 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, en- larged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 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 oper- ating 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, school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This sub- section 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. 399 shall be located only within the districts so per- mitted by and shall conform in all respects with the requirements of the comprehensive zoning ordinance of the city as such comprehensive zon- ing ordinance may, from time to time, be amended. (Ord. No.'399, § 14, 12-1-87) State law reference —Location restrictions, VMCA, Lo- cal Government Code $ 243.006. Sec. 5-171. Same —Exemption from restric- tions. (a) Filing of request. If the deputy director of police services denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 5-170, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 5-170(a)-4g). CD5:13 qP u QW, 1 5-171 SOUML AKE CITY CODE (b) Consideration by council; date for hearing. If the written request is filed with the city secre- tary within the ten-day limit, the city council shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received. (c) Hearing, conduct. A hearing by the city council may proceed if a quorum is present. The city council shall hear and consider evidence offered by any interested person. The forma_ 1 rules of evidence do not apply. (d) Granted upon certain findings._ The city council may, in its discretion, grant an exemption from the locational restrictions of section 5-170W— (g), provided that it makes the following findings: (1) The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare. (2) The granting of the exemption will not violate the spirit and intent of this article. (3) The location of the proposed sexually oriented business will not downgrade the prop- erty values or quality of life in the adjacent areas or encourage the development of urban blight. (4) The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration. (5) All other applicable provisions ofthis article will be observed. (e) Grant.or denial by majority vote; decisions final. The city council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemp- tion. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city council shall be final. locational restrictions of section 5-170(a) -- ) un- til the applicant applies for and receives another exemption. (g) Reapplication. If the city council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the city council's action. (h) Limitations. The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 5-170(a)—(g). (Ord. No. 399, § 15, 12-1-87) Sec. 5-172. Additional regulations for es- cort agencies. (a) An escort agency shall not employ any person under the age of 18 years. (b) A person commits an offense if such person acts as an escort or agrees to act as. an escort for any person under the age of 18 years. (Ord. No. 399, § 16, 124-87) Sec. 5-173. 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 such person appears in a state of nudity or seminudity 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. (c) A person commits an offense if such person appears in a state of nudity or seminudity or knowingly allows another to appear in a state of nudity or seminudity in an area of a nude model studio, premises which can be viewed from the public right-of-way. (f) 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 in a pon 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 V- 33 - BUMESSES Sec. 5-174. Additional regulations for adult theaters and adult motion pic- ture theaters. (a) A person commits an offense if the person knowingly allows a person under the age of 18 years to appear in a state of nudity or seminudity 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 such person knowingly appears in a state of nudity or seminudity in or on the prem- ises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under subsec- tions (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. (Ord. No. 399, § 18, 12-1-87) Sec. 5-175. Additional regulations for adult motels. (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel. (b) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business li- cense, such person rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again. (c) For purposes of subsection (b) of this sec- tion, the terms "rent" or "subrent" shall mean the act of permitting a room to be occupied for any form of consideration. ,. (Ord. No. 399, § 19, 12-1-87) Sec. 5-176. Regulations pertaining to exhi- bition of sexually explicit films or videos. (a) A person who operates or causes to be operated a sexually oriented business, other than 1 &176 an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual.activ- ities or specified anatomical areas, shall comply with the following requirements: (1) The application for a license to operate a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all over- head lighting fixtures and designating any por- tion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the _ north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The deputy director of police services may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or. location .of a manager's station may be made without the prior approval of the deputy director of police services or his designee. (4) It is the duty of the licensee to ensure that at least one agent or employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video re- production equipment. If the premises has two or CD5:15 IP-3Y 5-176 SOUTHI.AKE CITY CODE more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. . (6) It shall be the duty of the licensee and it shall also be the duty of any agents and em- ployees present in the_premises to ensure -that: a. The view area specified in subsec- tion (aX5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises; and . b. No patron is permitted access to any area of the premises which has been desig- nated as an area in which patrons will not be permitted in the application filed pursuant to subsection (aXI) of this section. (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. (8) It shall be the duty of the licensee and it shall also be the duty of any agents and em- ployees present in the premises to ensure that the illumination described in subsection (a)(7) of this section is maintained at all times that any patron is present in the premises. ' (b) A person having a duty under subsections (a)(1)-4a)(8) of this section commits an offense if such person knowingly fails to fulfill that duty. (Ord. No. 399, § 20, 12-1-87) Sec. 5-177. Display of sexually explicit ma- terial to minors. (a) A person commits an offense if, in a busi- ness establishment open to persons under the age of 17 years, such person displays a book, pam- ?hlet, newspaper, magazine, film, or video cas- (4wlsette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or per- version for commercial gain, any of the following. (1) Human sexual intercourse, masturba- tion, or sodomy; (2) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; (3) Less than completely and opaquely cov- ered human genitals, buttocks, or that portion of the female breast below the top of the areola; or. (4) Human male genitals in a discernibly. turgid state, whether covered or uncovered. (b) In this section, the word "display" means to locate an item in such a manner that, without obtaining assistance from an employee of . the business establishment: (1) It is available to the general public for. handling and inspection; or (2) The cover, outside packaging, or con- tents of the item is visible to members of the general public. (Ord. No. 399, § 21, 12-1-87) State law reference —,Sale, distribution or display of harmful material to minors, V.T.CA, Penal Code § 4324. Sec. 5.478. Amendment of article. Sections 5-170 and 5-171 may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this article may be amended by vote of the city council. (Ord. No. 399, § 27, 12-1-87) Sec. 5-179. Injunctive relief. A person who operates or causes to be operated a sexually oriented business without a valid li- cense or in violation of section 5-170 is subject to a suit for injunction as well as prosecution for criminal violations. (Ord. No. 399, § 23, 12-1-87) Sec. 5-180 Enforcement; penalties for viola- tion of article. (a) Except as provided by subsection (b) of this section, any person violating a provision of this CD5:16 . `1 P-3s (ow, BUSINESSES 5.196 article other than section 5-170, upon conviction, is punishable by a fine not to exceed $2,000.00 for each offense. (b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 5-i70 or 5-196(a) is punishable as a class B misdemeanor. (c) Except as provided by section 5-180(b), any person violating a provision of this article other than section 5-170, upon conviction, is punishable by a fine not to exceed $500.00 for each offense. (d) It is a defense to prosecution under section 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 operated: (1) By a proprietary school licensed by the state or 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 or seminude person is available for viewing; 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 or seminude model is on the premises at any one time. (e) It is a defense to prosecution under section 5-170 or section 5-196(a) that each item of descrip tive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. (Ord. No. 399, § 22, 12-1-87) Secs. 5-181--5-195. Reserved. DIVISION 2. LICENSE* Sec. 5-196. Required; application. (a) Offense to operate without. A person com- mits an offense if the person operates a sexually oriented business without a valid license, issued by the city for the particular type of business. (b) Application; signing as applicant. Each in- dividual desiring to operate a sexually oriented business must sign an application as the appli- cant. If a sexually oriented business is to be operated by an association, partnership, corpora- tion or other legal entity, each person who is a member or an officer or who owns or controls a'20 percent or greater interest, including corporate stock, in such entity must sign an application as applicant and be _qualified pursuant to this arti- cle. Each person who is a member or an officer or who owns or controls 20 percent or greater inter- est, including corporate stock, of an association, partnership, corporation or other legal entity which owns or controls 20 percent or greater interest, including corporate stock; of an association, part- nership, corporation or other legal entity which operates a sexually oriented business shall sign an application as the applicant and must be qualified under this article. (c) Contents of application form. An application for a license must be made on a form provided by the deputy director of police services. The appli- cation form shall be sworn to by the applicant and shall include: (1) The name, residence and business ad- dresses of the applicant; (2) Whether or not the applicant meets each of the requirements set forth in section 5-197; (3) The address of the premises which the applicant intends to operate as a sexually ori- ented business; (4) The present ownership interest of such applicant in the sexually oriented business; (5) The name, residence and business ad- dresses of each person and each entity, associa- •State law reference —Licenses or permits, V.T.CA, Lo- cal Government Code § 243.007. CD5:17 7 P- .36 5-196 souTHE KE. CITY CODE tion, partnership or corporation, if any, which owns or controls an interest in the sexually ori- ented business with respect to which such appli- cation applies and the names of any entities, associations, partnerships or corporations, owned or controlled by the applicant, and the names, residence and business addresses of any person who is a member or officer or holder of 20 percent or more corporate stock in such entity, and (6) Information with respect to such other matters, consistent with this article, as_m_ay be specified in the application form. (d) Accompanying sketch or diagram. The ap- plication must be accompanied by a sketch or diagram showing the configuration of the prem- ises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with section 5-176 shall submit diagram meeting the requirements of section 5-176. (e) Applicant ownership interest; separate li- cense for each location. An applicant shall have a present ownership interest in the sexually ori- ented business with respect to which the appli- cant makes application for license. A separate application shall be required for each address, place, premises or location which the applicant operates as a sexually oriented business, and a license issued to a person is valid only with respect to the sexually oriented business and at the exact address, place, premises or location listed in the application for such license. (f) Qualifications of applicant. The applicant must be qualified according to the provisions of this article, and the premises must be inspected and found to be in compliance with the law by the health department, fire services, and building official. The applicant shall comply with all appli- cable city, county, state and federal laws. (g) Assumed business or professional names. An applicant operating a sexually oriented busi- aess under. an assumed name shall attach to the pplication a certificate of assumed name issued by the county clerk of the county in which the sexually oriented business is to be operated, show- ing that the applicant has complied with the assumed name laws of the state. The assumed name certificate shall be prepared on a form prescribed by the deputy director of police ser- vices. No license shall be issued or renewed when the applicant is operating under an assumed name or any name other than the real name of the individual operating or intending to operate a sexually oriented business until such certificate, duly signed by such county clerk, or his deputy, is provided in compliance herewith. (Ord. No. 399, § 5, 12-1-87) State law reference —Assumed business or professional name, V.T.CA, Business and Commerce Code ch. 36. Sec. 5-197. Issuance. (a) Approval conditions. The deputy director of police services shall approve the issuance of a license to an applicant, or to the transferee as applicant upon the transfer of -ownership or con- trol by an applicant or licensee of all or any part of such applicant's or licensee's ownership or control of a sexually oriented business within 30 days after receipt of an application, unless the deputy director of police services finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant or an applicant's spouse is overdue in their payment to the city of taxes, fees, fines, or penalties 'assessed against or imposed upon them in relation to a sexually oriented business. (3) An applicant has failed to provide in- formation reasonably necessary for issuance of the license, or has falsely answered a question or request for information on the application form. (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two ye-drs immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) An applicant is residing with a person who has been denied a license by the city -to operate a sexually oriented business within the preceding 12 months, or is residing with a person CD5:18 7P-37 ,L IN BUSDUMES whose license to operate a sexually oriented busi- ness has been revoked within the preceding 12 months. (6) The premises to be used for the sexu- ally oriented business have not been approved by the health department, fire services, and, the building official as being in compliance with ap- plicable laws and ordinances. (7) The license fee required by this article has not been paid. (8) An applicant has been employed in a sexually oriented business in a managerial capac- ity within the preceding 12 months and has demonstrated that ' he is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessi- tating action by law enforcement officers. (9) An applicant or the proposed establish- ment is in violation of or is not in compliance with section 5-169, 5-170, 5-172, 5-173, 5-174, 5-175, 5-177 or 5-203. (10) An applicant or an applicant's spouse has been convicted of a crime: a. Involving: 1. Any of the following offenses as described in V.T.C.A., Penal Code ch. 43: prostitution; i. Prostitution; ii. Promotion of prostitution; iii. Aggravated promotion of iv. Compelling prostitution; v Obscenity, vi. Sale, distribution, or dis- play of harmful material to minor; vii. Sexual performance by a child; or viii. Possession of child por- nography. 2. Any of the following offenses as described in V.T.C.A., Penal Code ch. 21: i. Public lewdness; ii. Indecent exposure; or iii. Indecency with a child. § 5-198 3. Sexual assault or aggravated sexual assault as described in V.T.CA, Penal Code ch. 22; 4. Prohibited sexual conduct, en- ticing a child, or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25; 5. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses. . b. For which: 1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the convic- tion, whichever is the later date, if the conviction is of a misdemeanor offense; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, which- ever is the later date, if the conviction is of a felony offense; or 3. Less than five years have elapsed since the date of the last conviction or the date of release from, confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor of- fenses or combination of misdemeanor offenses occurring within any 24-month period. (b) Effect of appeal of conviction. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicant's spouse. (c) Contents of license, posting. The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. (Ord: No. 399, $ 6, 12-1-87) Sec. 5-198. Fees. Each application for a license or a license re- newal shall be accompanied by a cashier's check or money order, payable to the city, in the amount CD5:19 IP-38 § 5-198 SOU TMAKE MT CODE prescribed by resolution adopted by the city coun- cil from time to time. Such fee shall be nonrefund- able. (Ord. No. 399, § 7, 12-1-87; Ord. No. 592, §§ 1, 3, 9-7-93) Sec. 5-199. Expiration and renewaL (a) Each license shall expire one-year from the date of issuance and may be renewed only by making application as .provided .in section-5-196. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected. (b) When the deputy director of police services denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the deputy director of police services finds that the basis for denial of the renewal license has been corrected or (400, abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. (Ord. No. 399, § 9, 12-1-87) Sec. 5-200. Suspension. The deputy director of police services shall suspend a license for a period of not to exceed 30 days if the deputy director of police services determines that a licensee or an agent or an employee of a licensee has: (1) Violated or is not in compliance with section 5-169, 5-170, 5-172, 5-173, 5-174, 5-175, 5-176, 5-177 or 5-203; (2) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; (3) Refused to allow an inspection of the sexually oriented business premises as autho- rized by this article; (4) Knowingly permitted gambling by any person on the sexually oriented business prem- ises; (5) Demonstrated inability to operate or manage asexually oriented business in a peaceful and law-abiding manner thus necessitating ac- tion by law enforcement officers; (6) Failed to notify the deputy director of police services of a conveyance or transfer of ownership or control of the sexually oriented business within ten days of such conveyance or transfer in accordance with section 5-203(c). (Ord. No. 399, § 10, 12-1-87) Sec. 5-201. Revocation. (a) The deputy director of police services shall revoke a license if a cause of suspension in section 5-200 occurs, and the license has been suspended within the preceding 12 months. (b) The deputy director of police services shall revoke a license if the deputy director of police services determines that: (1) A licensee gave false or misleading in- formation in the material submitted to the deputy director of police services during the application process. (2) A licensee or an agent or an employee of a licensee has knowingly allowed possession, use, or sale of controlled substances on the prem- ises. (3) A licensee or an agent or an employee of the licensee has knowingly allowed prostitution on the premises. (4) A licensee or an agent or an employee of the licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended. (5) A licensee has been convicted of an offense listed in section 5-197(a)(10)a for which the time period required in section 5-197(aX10)b has *ot elapsed. '(6) On two or more occasions within a 12-month period, a person committed an offense occurring in or on the licensed premises of a crime listed in section 5-197(aX10)a, for which a convic- tion has been obtained, and the persons convicted of such crime were agents or employees of the licensee at the time the offenses were committed. CD5:20 M (40", BUMESSES (7) Except as provided in subsection (d) of this section, a licensee or an agent or an employee of a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, mas- turbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in V.T.C.A., Penal Code § 21.01. (8) A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales _taxes related to the sexually ori- ented business. (9) A receiver, successor in interest or a transferee of an ownership interest in the sexu- ally oriented business failed to notify the deputy director of police services of such change in accor- dance with section 5-203(c). (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection (bX7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee or an agent or an employee of the licensee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. (e) When the deputy director of police services revokes a license, the revocation shall continue for one year and the licensee shall not be issued a license to operate a sexually oriented business in accordance with section 5-197, for one year from the date the revocation became effective. If, sub-. sequent to revocation, the deputy director of po- lice services finds that the basis for the revocation has been corrected or abated, the "applicant may be granted a license if at least 90 days have elapsed since the date the revocation became - effective. An individual whose license was re- voked under subsection (bX5) of this section may not be granted another license until the appropri- ate number of years required under section 5-197(aX10)b has elapsed since the termination of any sentence, parole, or probation. (Ord. No. 399, § 11, 124-87) § 5-203 Sec. 5-202. Appeal of revocation or suspen- sion. 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 send to the applicant, or licensee, by certified mail, return receipt requested, written notice of such action and notice of the right to an appeal. The aggrieved party may appeal the decision of the deputy director of police services to the city council by filing an appeal with the city secretary within ten days of the receipt of the notice of such denial, suspension or revocation. The filing of an appeal stays the action of the deputy director of police services in suspending or revoking a li- cense, and the city council shall make a final decision with respect to such denial, suspension or revocation. If within a ten-day period, the deputy director of police services suspends, re- vokes or denies issuance of any other license of an individual operating a sexually oriented business at the same location, then the city council may consolidate the request for appeals, if any, of those actions into one appeal. (Ord. No. 399, § 12, 12-1-87) Sec. 5-203. Transfer. (a) A licensee, including any applicant for a license, shall not transfer his license, or all or any part of his ownership 'or control of a sexually oriented business, to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application and stated on the face of the license. (b) On the death of a licensee, or upon bank- ruptcy, receivership or partnership dissolution with respect to a sexually oriented business, the receiver or successor in interest to a license may apply to the county judge for certification that such person is the receiver or successor in interest to such license. On certification and upon the furnishing of such information as the deputy . director of police services may require, unless good cause for refusal is shown, the deputy direc- tor of police services shall grant permission, by letter or otherwise, for the receiver or successor in interest to operate the sexually oriented business CD5:21 1P-eta 5-203 SOUTiII.AKE CITY CODE during the unexpired portion of the license. Such a license shall not be renewed, but the receiver or successor in interest may apply for an original license in accordance with the requirements of this article. A receiver or successor in interest operating a sexually oriented business for the unexpired portion of the license shall be subject to the requirements of this article in the same man- ner as if such receiver or successor in interest had been issued the original license. (c) Each person becoming a receiver, ,successor in interest or transferee of an ownership or con- trolling interest in a sexually oriented business shall notify the deputy director of police services of such change in ownership or control within ten days of the effective -date of such transfer. Failure to notify the deputy director of police services shall be grounds for suspension or revocation of the license. (Ord. No. 399, § 13, 12-1-87) Secs. 5-204-5-220. Reserved. ARTICLE VL PAINTING ADDRESS NUMBERS ON STREET CURBS Sec. 5-221. Purpose. The purpose of this article is to protect the citizens against crime, including deceptive prac- tices, fraud, and burglary, to minimize the unwel- come disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs. (Ord. No. 644, § 1, 7-16-96) Sec. 5-222. Definition; registration required. (a) Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this subsection, unless the context clearly indicates a different meaning: Curb painting vendor means a person who engages in the business of painting address num- bers on street curbs for remuneration. (b) Registration. A person shall not engage in the business of painting address numbers on street curbs for remuneration in the city without first registering with the city and obtaining a registration certificate from the city secretary. (Ord. No. 644, § 2, 7-16-96) Cross reference —Definitions generally, ¢ 1-2. Sec. 5-223. Application. A curb painting vendor shall submit an appli- cation for registration, which shall be made under oath and which shall contain: (1) Proof of identification and address of the applicant, to be provided through the applicant's driver's license, articles of incorporation, or other legally recognized form of identification. (2) If the applicant is employed by another; the name and business address of the employer. (3) The location or locations at which the applicant will be soliciting business. (4) If the applicant has been convicted of a felony, misdemeanor, or ordinance violation in- volving fraud, a sex offense, trafficking in con- trolled substances, or of any violent acts against persons or property within five years preceding the date of application, a description of each such conviction. The description shall include the date the offense occurred, the date of the conviction, the location of the offense, the offense of which the applicant was convicted, and the sentence re- ceived. For purposes of this section, a conviction shall be deemed to have occurred if an applicant is ordered to be placed upon deferred adjudication or community supervision. (Ord. No. 644, § 3, 7-16-96) Sec. 5-224. Fees and duration. Aii.applicant for registration shall pay, at the time of application, an annual fee for each em- ployee who will be soliciting. 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A Report on Sexually -,Oriented Businesses and Their Secondary Impacts Amending the Southlake City Code (Chapter 5, Article V) and Qe the Comprehensive Zoning Ordinance No. 480 by Adopting Ordinance No. 731 F�J Prepared by: Zoning Administration Division Community Development Department December 28, 1998 Q.-I A Report on Sexually -Oriented Businesses and Their Secondary Impacts 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 7 P- 41 (106,e 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 N I P-µa 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 7 p- qq 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. AUSTIN. 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 a line 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 7 P-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, R-1, R-2, R-3, MD, NE-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, (441 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. BEAUMONT- TEXAS --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 -row 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; 'U' 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. (444 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 "CF," "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 kow. 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 CR MRME 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 I P-2 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 sites 8 qp-s4 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 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 9 1 P- 55 ILI 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 not 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:\CONfDEV1 WP-FILESV.BA-.MISCISOBISOBSIUDY. WPD 10 E: � exually Oriented Risinp, : 710TAMM City of Southiake, Texas MEMORANDUM January 29, 1999 TO: Shana K. Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 693-A, 13' Reading, Amending Ordinance 693, providing revisions to Appendix Chapter 33 of the Uniform Building Code, Excavation and Grading. Auction Requested: City Council consideration of Ordinance No. 693-A on first reading. Background Information: Excavation and grading activities are currently being executed before the issuance of a building permit or before formal development approval. These activities, at times, have created and have disturbing effects for water, land and vegetation. Ordinance 693-A will provide changes to the exemptions section of Appendix Chapter B, Section 3306.2 grading and excavation in the 1997 Uniform Building Code. Regulations of this section exempt specific types of earthwork and removal from permit requirements. All excavation and grading work not covered in these exemptions must be done only after approval and the permit issued. We are requesting an amendment to the Uniform Building Code that would reduce the number of exemptions to a grading permit in order to bring this type of work into compliance with the City's position in caring for our trees and drainage. By requiring a permit of earthwork contractors, the channels of communication can be opened early in the construction process, long before the building permits are issued. A standard excavation and grading application form has been prepared which includes a note requiring an erosion control exhibit. The information requested on this form will provide staff with needed details to approve or disapprove the earth work to be performed. Requirements of local ordinances, such as the provisions for erosion control and tree preservation, will be provided to the contractor with the issuance of the approved permit. A synopsis of the ordinance is as follows: Section 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply ... 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. WOW Shana K. Yelverton January 29, 1999 Page 2 Financial Considerations: Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: /?6 BC/bls Section 7 The City Secretary is authorized to publish this ordinance for general distribution. Section 10 Exempt work definitions have been reduced. In most cases the earth work permit fee will be included in the building permit. Fees for earth work permits issued before the issuance of a building permit will be deducted from the required $500 deposit. The base fee of $10 will be collected with the issuance of the earth disturbance permit. No citizen input has been received. Councilmember Scott Martin has expressed concern and requested the need to permit earthwork contractors. Kosse Maykus, Chairman, Building Board of Appeals, has been provided a copy of this proposed ordinance for review. The ordinance has been reviewed by City Attorney Debra Drayovitch, who has approved the ordinance under consideration by City Council. Not Applicable. Ordinance No. 693-A Place Ordinance No. 693-A, amending Ordinance 693, providing revisions to Appendix Chapter 33 of the Uniform Building Code, Excavation and Grading, on the February 2, 1999 City Council meeting agenda for first reading. Approved for Submittal to City Council: 0@4 SA-2 ORDINANCE NO.693-A AN ORDINANCE AMENDING ORDI NANCE NO. 693, EXHIBIT B," LOCAL AMENDMENTS TO THE 1997 EDITION OF THE UNIFORM. BUILDING CODE; PROVIDING REVISIONS TO APPENDIX CHAPTER 33 "EXCAVATION AND GRADING," PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this (,,I)rdinance providing minimum standards to safeguard the health, property, and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: (400, I:\citydocs\ord\draft\earth\693a 2.doc 2 SA-3 SECTION 1 That the "Exemptions" section of Appendix Chapter 33, Section 3306.2 of the 1997 Edition of the Uniform Building code, as adopted by City of Southlake Ordinance No. 683 and locally amended as provided in Exhibit "B" is incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Uniform Building Code, 1997 Edition, are necessary and appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these local modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Uniform Code. These amendments shall be consolidated as Exhibit "B" to Ordinance N. 683. SECTION 2 The material contained in Ordinance No. 683, as amended, shall be maintained as a public record in the office of the City Secretary. These Exhibits will be available for public inspection and copying during regular business hours. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. In the event the validity of any other ordinance is questioned under this section, he City Council shall by resolution state their intent. SECTION 4 It is hereby declared to be the intention of the City council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (4we 1:\citydocs\ord\draft\earth\693a 2.doc 3 8A-4 SECTION 6 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by (� Section 3.13 of the Charter of the City of Southlake. SECTION 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. SECTION 10 Ordinance No. 693, Exhibit "B," Local Amendments To The 1997 Uniform Building Code, Appendix Chapter 33, "Excavation and Grading," Section 3306.2, is hereby changed to read as follows: "3306.2 Exempted Work. A grading permit is not required for the following: 1. When approved by the building official, grading in an isolated, self-contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. Excavations for wells or tunnels or utilities. l:\citydocs\ord\draft\earth\693a 2.doc 8A-5 4 pmpef4y. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction." PASSED AND APPROVED ON 1ST READING THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON 1ST READING THIS DAY OF ,1998. MAYOR ATTEST: CITY SECRETARY 1Acitydocs\ord\draft\earth\693a_2.doc 5 L; . APPROVED AS TO FORM AND LEGALITY: (a.", - - CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L 1A 1:\citydocs\ord\draft\earth\693a 2.doc 8A-7 APPLICATION FOR AN EARTH DISTURBANCE PERMIT 1: Property ite Permit No. L: oil rmation Part 3: Requirements of Earth Disturbance Permit (Please check all applicable boxes and provide required documents) Notarized statement from property owner giving permission for the contractor/applicant to fill, grade, excavate or otherwise disturb the property. Contractor -signed copy of attached Section 33061, Appendix Chapter 33, Ordinance No. 693 (as amended) adopting the 1997 Uniform Building Codes related to grading and excavation, acknowledging its receipt. Submission by the applicant of an erosion control plan approved by the City Engineer or his designee. applicable, a a tree preservation plan. Letter of Map Revision and a Development �lJ Payment of: Refundable Deposit: $500.00 Non-refundable Permit Fee: S 10.00 Special conditions of permit: Part 4: Notes Upon determination by the City Engineer or his designee that no further hazard of erosion, silting, or debris being deposited on streets, alleys, utility facilities, rights -of -way or easements exists though action taken by this permit, the City of Southlake shall refund such deposit that is not required to reimburse the City for the expense of removal of soil, mud, rock and debris from the above -mentioned areas. In the event the City incurs such charges, they shall be billed at reasonable charge to the permitee and subtracted from the balance of the deposit. • The owner, applicant, developer, engineer, etc., is hereby notified that the issuance of this permit does not indicate approval of the engineering plans and that grade revisions can and will be made if determined to be necessary after a complete review of the final plans. • Engineering plans, development permits and building permits are still required where applicable and must be issued before any grading work can begin. Part 5: Acknowledgment (For office use only) Deposited By: I Permit Issued Bv: �W 1:\citydocs\ord\draft\earth\693a 2.doc 7 8A-8 Statement of Contractor �City of Southlake Ordinance No. 693, Exhibit "B," Local Amendments To The 1997 Uniform , Building Code. Appendix Chapter 33, "Excavation and Grading," Section 3306 st ates: SECTION 3306 - PERMITS REQUIRED 3306.1 Permits Required. Except as specified in Section 3306.2 of this section, no person shall do any grading %ithout first having obtained a grading permit from the building official. 3306.2 Exempted Work A grading permit is not required for the following: 1. When approved by the building official, grading in an isolated, self-contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter (W� any other laws or ordinances of this jurisdiction. Statement of Contractor: I have read the above excerpt from Ordinance No. 683-A as it pertains to grading and excavation and I understand that any work performed outside the Ordinance is a violation thereof. Contracting Company: Authorized Signature: Date: Coe I:\citydocs\ord\draft\earth\693a 2.doc City of Southlake, Texas MEMORANDUM .***Owe January 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Strategies for Extension of Infrastructure and other Development Incentives for the State Highway 114 Corridor Action Requested: Consideration of various issues related to economic development within the State Highway 114 Corridor Background Information: With the continued progress of S.H. 114 we anticipate heightened interest in the prime sites available along the corridor. There are several sites that have characteristics capable of attracting businesses of significant economic benefit to the City of Southlake as well as the County and State. We would like to receive City Council direction regarding various methods of motivating desired businesses to strongly consider Southlake. This consideration is intended to be general in nature and not site -specific. Financial Considerations: There will be financial evaluations done on any alternatives suggested by Council on a case -by -case basis. Citizen Input/ Board Review: None Alternatives: Various alternatives for motivating development include but are not limited to the following: infrastructure installation, tax abatements, fast -track approvals, dedicated staffing, employee training programs, etc. Supporting Documents: Additional information will be handed out at the meeting. Staff Recommendation: Staff recommends that serious consideration be given to adoption / approval of appropriate motivational development incentives to attract desired businesses. Approved for Submittal to City Council: City4r* IDR -1 ib LocK I I.oT sr- F_x IsT ZON INS G3 ULAV -1 IZ9WL e0MMEFC-,IAL- � '' 15LA1Vfl L APE FIEF CI LANDSCAP I STRAT (MATC ADJACCEE y GRADES) PAINT -PUT EXI STRIPING O IL i' R. - �� � ,PI m 4' R. / —41R� i NEW APE PER CITY NDSGAPE NISTRATOR T GRADE TO ,a• (D- MAT :.�a.. ztNOTES EXIST. ISLAND TO REMOVED so. R. ILL PVM'T GRADE TO MATH EXIST) .C% NEW LOT STRIPING 4 Y*4MLSTOPS 11 CORNER TO SLDb. CORNER) m�t"'A -i' 4.413' r 1-11' (15 - SPACES AT 9' X 16' l sl° 2107 41 G 21&2G' O 4.5' R. PLAY PLACE • V14M ,a tt, 5ER 1 17-s 2000 BLD6. rr/ to q 1.33 5,116 sq.ft. m 24.q T, 5.42' 5.33' 10.42' 11.31 Imilmlim •NEW 1 - DB M-101 REMOVE EXIST. WINDOW .51 ?0' N � c 81' (41 - SPACES AT W X 169 Lai 15 0' R. DENOTES EXIST. AREA TO BE MODIFIED. PROVIDE NEW G4R5/&U71`ER 4 CONC. PAYING INFILL TO MATCH EXIST. (ADJUST IRR16ATION 4 PLANTINGS AS REO'D) (MATCH EXIST C RADES) in O W � 6` ry Z J = J W m � `S oL 2.5' L 15' 13UILDIN rp SET BACK LINE 135"A (15 - SPACES AT q' X 169 20.20' N `� ♦ . i 30' E5 Len", IC- 1 LOT a p-weT: ZON I NCB !% LUP = 12;; r^IL C.oMMEIeI-L NOT TO SCALE UNION CHURCH ROAD VICINITY MAP NOT TO SCALE Ni- ��. AIRPOORT PROJECT SITE v aI®Irr000 aRE CONTINENTAL BLVD. 5 15 30 50 0 10 20 40 60 BM#1 "PRIMARY BENCHMARK DATUM" TOP OF "13 " CUT IN CENTERLINE OF CURB INLET 150' NA OFw tOOR�ER OF LOT 4. ax 1. SOUTH - LAKE F PHm N. KiEr BEING ON THE SOUTH- EAST CURB OF F.M. HWY. NO 1709. ELEV.-657.60 BM#2 "JOB SITE BENCHMARK" TOP OF 5 8" FLANGE BOLT ON FIRE HYDRANT BETWEEN THE LETrEXS "MUE" & "LL.ER" AND BEING LOCATED 30' S/W OF THE N/E CORNER OF LOT 4. BLOCK 1, SOUTH - LAKE CROSSING PHASE 11, ELEV-655.44 LEGEND LIGHT & POLE PER RECOMM'D. 2 FIRE HYDRANT 5 A WATER VALVE ® WATER METER SANITARY SEWER MANHOLE 0 TELEPHONE RISER v STREET SIGN 5 E-T — OVERHEAD ELECTRIC 6" W. UNDER GROUND WATER — --T— — UNDER GROUND TELEPHONE --q" G, UNDER GROUND GAS LINE 80S.S. SANITARY SEWER POWER POLE v GUY WIRE (V. I . F.) VERIFY IN FIELD (HOLD) HOLD o wmwN/DwANCE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING (T. B. R.) TO BE REMOVED PROPOSED REVISION AREA A) DELETE/MODIFY EXIST. CURB (INFILL . PVM"T TO MATCH EXIST) B) ADD NEW CURB ISLANDS (GUTTER ELEV TO MATCH EXIST GRADE) C) MODIFY LOT STRIPING D) DELETE. WINDOW AT BLDG. rA lqK I N& Ex1.*T'IW& -4ro �5rA-015S rp-o sGIb 50 -srAcr4- L^MPIN& F_xl&rl.t4& 4 ic;,Lk t*, 1160 �F mbUGTION 'I� f✓x 15T` 8� 5 I' rip N mT cli^w&g; GENERAL NOTES w Ir I. MCDONALD'S ROAD SIGN AND BASE ARE BY THE SIGN CONTRACTOR. W CONDUIT AND WIRING ARE BY THE GENERAL CONTRACTOR. N Vl 2. BASES, ANCHOR BOLTS, CONDUIT, AND WIRING FOR ALL OTHER — SIGNS ARE BY THE GENERAL CONTRACTER. W 3. 3/4- EMPTY CONDUIT TO LOCATIONS SHOWN AT THE LOT PERT- mm d .4J , I METER FOR LOT UGHTING IS BY THE GENERAL CONTRACTOR. LIGHT- 21; 0 01 d d ING FIXTURES, BASES, POLES, CONDUIT, AND WIRING ARE BY THE I--� OWNER/OPERATOR. 4. BASES FOR FLAGPOLES ARE BY THE GENERAL CONTRACTOR. ANCHOR Q � BOLTS ARE BY THE FLAGPOLE SUPPLIER. U m 5. PROPOSED UTILITIES ARE SHOWN IN SCHEMATIC ONLY. EXACT . LOCATIONS SHALL BE DETERMINED TO ALLOW FOR THE MOST �' AI Z z ECONOMICAL INSTALLATION. 6. THE CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES z of j TO DETERMINE EXACT POINT OF SERVICE CONNECTION AT EXISTING O E"4 UTILITY. REFER TO THE BUILDING ELECTRICAL AND PLUMBING a ' z U DRAWINGS FOR UTILITY SERVICE ENTRANCE LOCATIONS. SIZES, AND w w CIRCUITING. U ir3 7• GENERAL CONTRACTOR M T PROVIDE T "AS BUILT" w 3 `� A INFORMATION UPON COMPLETION.XA� �c a B. ALL ELEVATIONS SHOWN ARE IN REFERENCE TO THE BENCHMARK ,M IL d AND MUST BE VERIFIED BY THE GENERAL CONTRACTOR AT W r GROUNDBREAK. M+♦ 9. FINISH WALK AND CURB ELEVATIONS SHALL BE 6" ABOVE FINISH] a f3 O PAVEMENT. � A 10. ALL LANDSCAPE AREAS SHALL BE ROUGH GRADED TO 6" BELOW TOP OF ALL WALKS AND CURBS. FINISH GRADING, LANDSCAPING. AND SPRINKLER SYSTEMS ARE BY THE OWNER/OPERATOR. C 11. LOT LIGHTING CONCRETE FOOTINGS TO CONFORM WITH THE SOILS LL,I '� n o c03 REPORT RECOMMENDATIONS FOR THIS PARTICULAR SITE. Q 12. PRIOR TO CONSTRUCITON, THE CONTRACTOR SHALL REQUEST (IN WRITING) 0 s 4 A COPY OF THE REVIEW REPORT PREPARED BY THE TEXAS DEPARTMENT 0 s OR LICENSING do REGULAITON FROM THE OWNER OR ARCHITECT. THIS > REVIEW REPORT MAY CONTAIN COMMENTS OR REQUIREMENTS THAT � a a WILL ALTER SITE LAYOUT/DESIGN REGARDING ISSUES RELATED TO HANDICAP ACCESSIBILITY. 13. IT IS STRONGLY RECOMMENDED THAT NO CONTRACTUAL AGREEMENTS m OF ANY KIND K SIGNED PRIOR TO RECEIVING AND THOROUGHLY REVIEWING ALL APPROVALS FROM ALL OF THE REGULATORY AUTHORITIES N HAVING JURISDICTION OVER THIS PROJECT. " 4c 14. DUE TO THE NATURE OF THE WORK. ALL DIMENSIONS SHOWN SHALL BE`�' CONSIDERED APPROXIMATE. CONTRACTOR SMALL FIELD VERIFY ALL DIMENSIONS PRIOR TO BEGINNING CONSTRUCTION. SHOP DRAWINGS SHALL BE SUBMITTED TO THE ARCHITECT FOR APPROVAL PRIOR TO FABRICATION OR INSTALLATION OF ANY REM. FAILURE TO ADHERE TO THIS PROCEDURE SHALL PLACE FULL RESPONSIBILITY FOR ANY ERRORS DIRECTLY UPON THE CONTRACTOR. PAVING SPECIFICATION v, CONCRETE: PLEASE REFER TO SOILS REPORT FOR SPECIFICATIONS/RECOMMENDATIONS IF CONCRETE SPECIFIED FOR PARKING LOT/YARD AREAS. ASPHALT: (VERIFY W/MCDONALD'S) O _ 5" TOTAL THICKNESS FOR PARKING AREA. A 7' TOTAL THICKNESS FOR DRIVES. 2" TYPE D WEARING SURFACE CONCRETE: (VERIFY W/MCDONALD'S) PADS.• 6"IN. CONC. SURFC. 6X AIR ENTRAINED W/ #3 REBAR (*CENTER OF SLAB ON CHAIRS) IS- O.C.E.W. g z ~1 5" TOTAL THICKNESS FOR PARKING AREA. S 6" TOTAL THICKNESS FOR DRIVES. v O CONTROL JOINTS AT 15' a. TO a. 04 ��: AS PER GEOTECHNK:AL REPORT BY HOC ENGINEERING, INC. DATED 04 OCT.,1994 No. 42-1320-94 NOTE: ALL PAVING/SUBGRADE SPECS TO COMPLY W/ SOIL TEST. Q �j NOM MODONALD'S ENGINEER HESER'VES THE RWIT TO REQUEST A COMPACTION TEST AND/OR A CORE SAIME. W TESTS PROVE CORRECT, PER ABOVE SPEWICATION, TESTS WILL BE AT THE EXPENSE OF McDONALD'% Z OTHEWFISE, G.C. wU.L BE CHARGED. rd LOT LIGHTING RECOMMENDATION w �(�! In o. PARKING LOT LIGHT. TWO 1000 WATT SUPER METAL HALIDE VERTICAL LAMPS. M �i RECTILINEAR LUMIMAIRES ARM MOUNTED 180 DEGREES„ 480 VOLT HPF W BALLAST, IN -HEAD DOUBLE FISING. TYPE "V- DISTRIBUTION. 39 FT ROUND TAPERED STEEL POLE PAINTED TO MATCH LUMINAIRE, COMPLETE WITH ~ ~ o HANDHOL.E. ANCHOR BOLTS AND BASE COVER. MOUNT ON CONCRETE BASE. N ENTIRE INSTALLATION SHALL BE GUARANTEED TO WITHSTAND 100 MPH WINDS. O FIELD PRIME AND PAINT DARK BRONZE FINISH ON LUMINAIRE AND POLE : GARDCO "FORM TEN", KIM "VV, LITHONIA "KVS STERNER "ALAMEDA". o. OR QUALITY VERTICAL LAMP LUMINARIES. ar PARKING PROVIDED `'' z W WIL1A TOTAL 'l8 SPACES 9 X 18 O 900 0 IL H SPACES 2 H.C. SPACE 9 X 18 O g0 • Lj Ci ' UTILITY INFORMATION to 12 V) F SIZE TYPE LOCATION IJ Ck: IQ5 t- 0 !i SANITARY SEWER 6" P.V.C. INSIDE NORTH PROPERTY LINE U. Q a1 WATER 12" W.L. 7.5' INSIDE SOUTH R.O.W. SOUTHLAKE STORM SEWER 36" R.C.P. IN SOUTH R.O.W. OF SOUTHLAKE BLVD. ~ ELECTRIC EX.120/208 30, 4W.(O.H.) SOUTHLAKE BLVD. GAS 8" HIGH PRESSURE GAS LINE IN R.O.W. SOUTHLAKE SURVEY INFORMATION 0 W PREPARED BY: LEGAL DESCRIPTIPON: O In CORRONDONA It ASSOCIATES INC. SOUTHLAKE CROSSING, PH. 2 N w 6737 BRENTWOOD STAIR ROAD, SUITE 224 -� X O FORT WORTH, TEXAS 76112 CABINET A, SLIDE 1614 a PHONE (817�9 6-1424 TARRANT COUNTY, TEXAS o 04 z FAX OCT.,17�96-17ss LOT 4, BLK. 1, P.R.T.C.T. 0- DATE:25 . 1994 a N SITE CONDITIONS z a ZONING C3 - COMMERCIAL BLDG SETBACK FRONT 50' g z N PARKING : 1 PER 100 S.F. (BLDG.) BLDG SETBACK SIDE : 15' o_ N O LANDSCAPING : REQUIRED BLDG SETBACK REAR :15' U LANDSCAPE SETBACK : 10'FRT., 5'SIDE FLOOD ZONE : NONE SIGN :100 S.F. MONUMENT SIGN LOT SIZE : 44,139 S.F/1.013 AC. a W W O PLAN SCALE: 1 " = 20' C Z STREET ADDRESS Q W SOUTHLAKI= BLVD. (F.M. 170Q) CITY STATE STATUS DATE BY SOUTHLAKFE TXAS DATE DRAWN of DEC.,9A v.D.w COUNTY PLAN CHECKED - D.G. TARRANT AS —BUILT REGIONAL DWG. NO CORPORATE DWG. NO. Z A 9 S- 105 / 15ca E3rrEF5_LAN (:,, I 0 RETAIL EAST ELEVATION 0 RETAIL NORTH ELEVATION 31/16" . 1-0" g MAW. wil RETAIL WEST ELEVATON I/lb" • V-V n 7 RETAIL SOUTH ELEVATION V L IA&" • I'-0" llilill T W I C H E L L MICHAEL F. TWICHELL, INC. 3624 OAK LAWN AVE. SUITE 320 DALLAS, TEXAS 75219 214.521.3066 FAX 214. 599.0583 A PROJECT FOR. NORTH AWRICAN PROPERTIES 14M Landmark BoUevard Suite 300 Dalas, Texas 75240 RENOVATION WHITE CHAPELL ROAD SOUTHLAKE BLVD. SOUTHLAKE, TEXAS PROPOSED ELEVATIONS women - 98M REED J AN 9 61999 ear i; A282 012599a2-2,dwg 1-25-99 12,53,14 pm EST Y 0 WEST ELEVATION AND SIDEWALK PLAN 3 IA&" a V-0" TOM THUMB GROCER BEYOND i T W I C H E L L ARCHTECPJFr= MK>iAEL F. TWICHELL, INC. A PROJECT FOR. NORTH AWFdCAN PROPERTIES 14M Landmark Boulevard Suite 300 Dallas, Texas 75240 RENOVATION WHITE CHAPELL ROAD SOUTHLAKE BLVD. SOUTHLAKE, TEXAS PROPOSED ELEVATIONS SCALE: 1/16' - T-0' FeV. DAM DE9CFPT1oN mom PFELASMY umn arf WNW UoM arY FEMW awo aTy "FAM 22M arr Fam w ouao arr rLyEw WNW arf FEYM W-0 J AN - " 1999 A261 EAST ELEVATION AND SIDEWALK PLAN 1/*" . V-®" 98630coloro2-1,dw9 1-26-99 7MG0 are EST _,.- s , _ _. " .._a - , _ _71, 1 I 1 I I I I I I I I I I 1 I .! TIL TY E..A'A ME 1J T I I t:tl ro 00 6 �- TY OF- 4r ULIC PARK`_ _IPEN �,PA!��E ln, E3011-DING -- GENERAL NOTE ALL PAVNNG FOR WALKS, DFIVES, PARKING, STORACE AFEAS, ETC. SHALL BE OF RErFORCED CONCRETE TYPICAL FOR ALL SITES.. i t ACRE VICINITY MAP S.,I w > Q Q = w �n U J Q W Z SITF 0 W = SOL!THLAKE BLVD TRACT TWO _iTY OF SOU THLAKE 2 Q D R.T.r� T. ZONED - PUH� I(' PARKS OPEN _��'ACL � I I I -- -- -- -- r-- -- -- k- �0' TYPE „B.' BUFFERYARD---7 -- -- -- -- -- -- --- ___ t� `t }rOMPACTOR HII F MASONRY H;C,H MASONR", I I N Y - 1�it'1 11 GREEN WALL T;� F E LAN v ;CREEN WA_t ��V CO MATCH BUILDING ( MACH BUn,.,IN R i 10'-D" LANDSCAPE 6' t _ DiSTUflpfV�E IR BUFFERYARD (TYPE "B - �* _ F 0 U NGT17L'CR -- AREA ! v 1 1 �, I RECEIVING r -`. TO T� ri v �' _'.. u f- EX'T DO�k I I� - 8 DE MLANDE IN, -F EASEMENT---- I Ge. c_ O 1 7 , r,n; K DiJ��k� UN RE TE IDEW�LK 0 + �� FIRE EX T `,C,iR - ----- }---- —_ ri; ti i•c �, =_ r`' ',1-. �'� `J +. 15 i-SARE�ENETED RASND I / FNCLOSLE TC PROPOSED SITE DATA SUMMARY TOM THUMB (LOTS 2 + 3) AFEA OF OPEN SPACE= ( AREA) 46,551 S. F. PE�iCENTACE OPEN WALE- (LANDSCAPE AREA) 13.90 bPEf� MS COVEFRACE AFEA. 6.62 ACRE X N�PEfNK" OOIVERACE AMEX 86.1 % AFEA OF OUTSIDE STORAW: NONE PENiCENTACE OF OLRSDE STORAW NONE START CONSTRUCTKM FEB. 1999 F WAS�i OCT. 1999 MAX BA DNG HWIM T: 35' - 0" FT PROPOSED SITE TABULATIONS - COMBINED TOM THUMB (LOTS 2 + 3) PARKM REOUFED BY USE: FOOD STORE 63,959 S.F. ® 1: 200 = 320 SPACES RETAL: 28,782 S F ® 1: 200 = 144 SPACES RESTAURANT: 5,000 S.F. 0 1 100 = 50 SPACES SERVICE STATK** NOT INCLUDED IN TABULATIONS TOTAL PAWING REOI� 514 SPACES TOTAL PARKING PROVDEDr 379 SPACES _ TOTAL LOADING REOIX� 2 AT 10 X 50 TOTAL LOADING PP40VDEO 3 AT 10 X 50, 1 AT 12 X 20 HANDICAP REOU� 11 SP ACE S HANDICAP PRONDEDr 12 SPACES �EG£G� 02'- C I __�..-- -- ---' -- T` / P. 11 r C JTi; L E 1 bl - i T T �'A'<A;_­tL PARKIN-,----- T! ,T - ------- l � Y E �...�., T _% MEN �, 3U ACCESS, U IIErY � ' ^ ' - -' & DRAINA„E EA:� ME�I � NAti , - x "IN T-!. v ,R _ _ 1 1RANS T' BE RE T.- _ RF RE ViDVEE AIL I.�r REMAIN x �G 4 X ,� K.I F'x TINr> TREE IN TNI' AREA r. EJr -1 ;ATE -ER -LAN FXf NAN�t _kEEMFN ANr F P.F 4W7E"•. ,� Gic 1 I : 1 59- �, fi DE MEANDE IN. r, GRA NL E ._A�,E I- T C`N RE'E DFW L� � 1 Lv � - NEW Tt�M THUMB ROOD STORE iz i. JV L. • _+ BUILDING 'A' EX� '� I s3 959 S F RETAIL 00 0 I �- u_ z I I �I gg•S',-,� ,N �F,4 r IFS` 7 AAA R 1 IF. AN `,N V!NI� L. L. R.T.` TX. Z' N E D SAL --- /` n I 1 STORY FF. 8 - aw��e t I 9,042 S. F. I -- j 61 1 STORY Z I I a 5 LAND':, APE 1 I x I � I� I LLJ RE EXIT �00R I - i Q L_ ? c' 1 RtJ :, 1 C, X 50 _ �------� RETAIL ._' )AD!NG 66 i� I CL ZONE F N. �L I 1 }- *. - I -- - w 0 N s�q'7g'Oo �, \` \ ,i r_ E? I ENTRY DOORSIm - �. itlll& II G r i (I) X ':0' JT!LITY�9 - - -1 EASEMENT TO BE I I < TENANT ENTRY DOORS RE M VEr) , , r� Q NEW 35 DRIVE / 26 FFE LADE Tilt s -5t8E - - I I � -. EXISTING RI'✓E RETAIL -- -- $' -To _A► -- - tiE TBACk _ — - - - - - -- - - ill it 'Y�J'j3 -1 W wtjllj ' 'C' r I 1 L I 1 0 5,276 S. F. 1 F FL TENANT EXIT DOORS ! I-- E 5 O ALONG THIS SIDE - I 11 STORY 7 F! 1 _. I- 1 SUNNAARY CHART - BUFFERYARDS A' E yr 1 34 ,,-IV TH!!MP ��-1 RE 1E0 / ARD I F'RQMM Lmo WIDTTH / TYPE CANOPY TREES ACCENT I TF $ I 1 LEWTH OF BASE � E ' FEK*ff AND MATENAL NORTH - RECUIRED �'9' i 1 `' - B 1(� ?6 S2 PROVIDED 1 379 ! G' E 8 11 38 EAST 1 REQUIRED 419' * I 10' - E 4 j 8 34 PROVIDED 316' 10' - E 3 6 25 i EAST 2 REQUIREL' 1 76 5' I 6 SOUTH 1 --A--- - - - - PROVIDE 3O' S' A REQUIRED 24`-'' 5' - a 2 5 20 - — ---- ! PROVIDED 233 i t' SOUTH 2 REQUIREE I 1"r' ' 2( 1 I 6 26 PRi ✓IDES I 1 l26 WEST 1 REQUIRED , ! �' " 4 5� PROVIDES ii 214' 4 1 WE ;T 2 REQUIRED ' 99" "' P PROVIDED �9' �' E -� CREDITS !!:QED IN CALCIJLATILINS *NOTE ANY A. DRIVEWAY WIDTH WAS DEDUCTED FRI Q THE T'_OAL_ EN TH (_)IF THE REQUIRED BUFFERYARD OTHER COMMENTS 1. WHERE PARKING IS PROVIDED BETWEEN "HE BUILDING SETBACK LINE AND PUBLIC R.O.W.. SHRUBS OBTAINING A MATURE HEIGHT OF THREE (3') OR GREATER MbST ESE PLANTED AT A MAXIMUM SPACING OF THIRTY INCHES (30") ON CENTER CCNTIN'JOUS ALONG ALL PAVED EDGES OF THE PARKING OR DRIVE AREA 2 A MINIMUM t)F G% Or ALL CANOPY TREES G-ANTED ON THE SITE '_,HALL BF 2" IN CALIPER AND 50% MUST BE 4" IN CALIPER THIS IN LURES BUFFERYARDS AS 'WELL AS-NTER!OR 3. A SHRUB SCREEN IS PROP:'_t F TO BF G�J'J.EED BETWEEN Tr+E RI !LDiNG SETBACK, i'NE AND THE R.0 'A 9lMIARY CHART - NTEF" LANDSCAPE LANDOCAM .0 Of AREA N �A�OP_ AST i OfioLm COMER �90. FT. ) � FAT OR SIDE I TREES TES_ S WXWED 24,307 , �5� a^ 8' ! 405 j 2.43C - � ,C,OL 2 -7a 2 i J o 1 La 7 4 I 6,0`.,�- *NOTE ANY CREDITS USED) ,N CAL f-_J I!GNS A. REQUIRED LANDSCAPE AREA WAS RED�.CEG BY '0% F:_lR LANDSCAPIN';, )F R O.vv AND 10% FOR WATER CONSERVATION !RR'GATION. - OTHER COMMENTc- O FF. � - v-m-m - R�„ , - PROPOSED SITE DATA SUMMARY ECKEMS (LOTS 5 + 6) AMA OF OPEN 81PACe E AF" 21,614 S. F. PERCEi�tT OPEN SPACE- (LANDSCAPE AFEA) 29.2% OOVERACE AFEA- 1.18 ACRE X W'ER1I11= OdVERAOE AFEA- 6 9.3 2 % AREA OF OUTWE STORAM NONE P�ITAGE OF OU1ME STORAGE- NONE START 00INSTFUCTM4 FEB. 1999 FWW CONS TAUT M OCT. 1999 MAX ®UL.DING FESTM 29'- 0" FT PROPOSED SITE TABULATIONS ECKERDS (LOTS 5 + 6) PAFXM B'Y UW DRUG 11,200 S.F. ® 1:200 = 56 SPACES TOTAL PAFKM PEON 56 SPACES TOTAL PAt� PROVIDED 56 SPACES TOTAL LOADF4 FEOUED� 1 AT 10 X 50 TOTAL LOADING PROIVDED 1 AT 10 X 50 HANDICAP REOIPED� 2 SPACES HANDICAP PROVI 2 SPACES SUMMARY CHART - BUFYARDS CASES 98-134 ECKERD DRUGS LOCATION / LENS OF B� LIE ( / � WM / TYPE g � t�{T AND MEOW. Ili NJP'� REQUIRED 384' tC' F' 1 112 23 I �` r' STOCKADE �'R -)VIDEO 384' 10' - F1 12 23 3' EXISTING - - EAST - REr�UIREC 14F� �0 - B � 3 a PROVIDED I 1 uG' ` 10' - E � � 4 15 - SOI�TH - REQUIRED 313 ZC�' 13 u � 44 I - HEDGE WE_ T - RE'UIRECI L--- 0 - �;;' - - i 6. 2 i BERM AN H !-> D E , _ E »NOTE ANY CREDITS USED IN CAL :_l;LAPONS: A THE TOTAL LENGTH OF THE REQUIRED BUFFERYARD WAS REDUCED FOR WIDTH OF THE ACCESS DRIVE. B. REQUIRED PLANT MATERIAL PROVIDED WAS REDO ;ED BY 20% FOR DOUBDNv THE WIDTH OF THE REQUIRED BUFFERYARD OTHER COMMENTS: 1. WHERE PARKING IS PROVIDED BETWEEN THE BUILDING SETBACK LINE AND PUBLIC R.O.W., SHRUBS OBTAINING A MATURE HEIGHT OF THREE (3') OR GREATER MUST BE PLANTED AT A MAXIMUM SPACING OF THIRTY INCHES (30') ON CENTER CONTINUOUS ALONG ALL PAVED EDGES OF THE PARKING OR DRIVE 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. AARY CHART - WTEF" LANDSCAPE 14�_APF �A ?: FFK*U OF AREA N OR SIDE C jam$ Tom$ , GROUND COVER_ (8O. FT, ) REOI�D 4,480 75� 15 75 448 FRONDED 4,911 7 5, 8 1 T 82 491 *NOTE ANY CREDITS USED IN CALCULATIONS. A. 10% CREDIT WAS PROVIDED FOR MAINTAINING AND PLANTING THE R.O.W. B. 10% CREDIT WAS PROVIDED FOR THE PROPOSAL OF PROVIDING WATER CONSERVATION TECHNIQUES. OTHER COMMENTS p(T"E E`TATES _ FCOND IN�TAlMENBUFFERY k(TYPE L 14, SCREENED ANv GATED TRASH > I m n K T. T ENCLOSURE TO % �, I _ - iu "' W r MATCH BLDG I 1'I - - - I J I ZONED SF-1 _ -- _ L_.u.L'. LOW DENSITY RESIDENTIA` ALONG THIS SIC T R I(�� R 5 _5-- - �1� 1 - TENANT ENTRY 0 I - ,,� -J- S 2 �c BE J I �' / -- +� L 4 WEI itDDiTION O� r Hf�CEL T TH ANY F><_ I lo, > 1` T �Z 1 -� - A �L T�)T `APPO T P�E� r,�TY 5 3 w cv _ ' --� I � I I i A r' '�ON D TO B 8�' SlAd _ i -E LOT. I- -. 1 ---- 40-C J!LDNG i J �' 0" ! J' w I N - B i ).�'{ TI -;'� - 1 sET �pcK EXISTING I -- '� � r` < , `` CONCRET ESID WAG - a y j , 3 -- 1 '- 0" WIDE LANDSCAPE BUFFER N Q I RETAIL t� .�L. ! 1 EXISTING DRIVE I , PE F1, WITH 8' SCREENING` _ T a I E�.1L.DNG D I ; �- T Mo ENT SIGN C' TO REMAIN j + ^ / - DPI + I I _1- . R. T. 34' W X 11' D 1 ��6�ASS-CRETI 15•-0- UTILITY 0 24 740 S. F. �� r o T 7 CO I ' _ E 9f, 4 'S ! 0� BUILDING —+}--. \ a EASEMENT L I`) -- S. s R�S - 3F - , SET E?A.CK >\ / 1 STORY I Z (JN L D SP - 2 10'-0" ' ANDSCAPE I F L L! - k T A i L CO �� �E� (^ I ,� ! SPEED BUMP BUFFER 3\ V MP L I 7 y NEW DRIVE 'H' a- 9 r, 35' W. X 28' D. SITE LEGEND El. NO DISTURBANCE AREA BUFFERYARDS a EXISTING PAVING IN LANDSCAPE BUFFERYARD GRASS CRETE a INTERIOR LANDSCAPE CONCRETE OR ASPHALT PAVING UNLESS L—I OTHERWISE NOTED e 30'-C" LIGHT POLE WITH SL SINGLE (1) LIGHT FIXTURE vo 30'-0" LIGHT POLE WITH DL TWO (2) LIGHT FIXTURES 30'-0" LIGHT POLE WITH FL FOUR (4) LIGHT FIXTURES �y F. *10 3624 OAK LAW *4 DAL.LAS, TEXAS 7 y 214. 521 . FAX 214 . M . � �. �: I ' A PROJECT FOR• i • . I EWNG NORTH ANMRICM. PROPERM 14M L , Sine 300 Dallas Texas 75240 ECk��ERIYS AND TOM THUMB CENTER RENOVATION N. wtme crape BLVD. a F I �\ \ ,EXISTING SCREEN 0% SET B CK IIDfNG I I �\ `� FSC / PROPERTFENCING Y RESIDENTIAL / LOT 8 - / �A S E, TEXAS _ I i IN 10'-0" ANDSCAP \ S I ° TYPE "E' BUFFER ---- I --- �, q, SCSCREENED AND -- -� I 1� „ J I / /,p, T o \ REE' tree,., 6 I i r - c�5 L 9.0 � 44 � I �!y ? EXISTI G DRIVE I ----' ---- O o N ~� , I TENANT ENTRY D - t' L �_.H7 ! \�� GRASS -GREYS / o - ��_ c I- � D EMAIN �+ I , c SPEED BUMF - -- ! - ---� A .,NG THIS r TO R - 1 110' ENTRY (DOOR$ ii NEW ECKERD _ 1 I / �.�' I ---� BUILDING 'F' — ` -- -- — 6C' - -- 0' B�JFFER TYP B") ~ i TENANT EXIT DOORS j ! I �� E. �` 1 I O _ 1C' (Y' I_-MvC1SCAPE ALONG THIS SIDE t I - - - - 10' U.E 1 1 I _, 11,200 S. F. ( E NEW - _ 7Q'-o- REVISED i RETA�. r t L ��` �, �� o --- I -- 1 STORY S EE H w �` t P V J 1 ! �4 p MATCH BUcL{�►A1 1n LOT 1 ! p W. SITEP �OMM,0N ACf-ESS UTILITY ' 4,309 S. F. - r I 1 o I � I --- 3 \ R 0 D 10' X L IVv. W. HALL LAN & DRAINAGE EASEMENT ? 1 °' 7 . 1 ``- --- ! R TAIL LO EXISTING SCREEN s ' TC', FE REM 'vED - ( o Z 1 - -, 5' 7 1STORY -- i �' T 4R ----- I (� ----- Z NE PROPERTY ON RESIDENTIAL N0. 68 ADGITION, SCALE=� "4O y - -- �- _ -;r I o _ L- 7 E X I � T I N (; L K i VE -- -- - .- f FF. 8 - a3 os _ N �; — -, — — + ----- — I �N _ SEW ON-, RULTIuN OR IMPRU `ME T 1 1 r- �-- €`' , ZONED G1 _.r NOT N i ' iED �N TABU ATIc�'N` I I I _ _ - --- - -- - — `— - _ SETBACK L F T,.: RF ABAN�ONEL, a t �- I . .- 1 J D 1 - 4 N - E 6C - a t FEY.DATE Oi10N ------- 1 - ,- �iNIE - - J I I ! - " 24 F Lq^E FIRE EXIT DOOR EXIT DOOR -- - -- SCREENED AND I _ (�� M M E R C I A SETBACK - - �yl_ FllnL� N _ - - - - - - 1 GATED TRASH - I _�L °O- - - -- -- -- -- ECEIVING DOOR - 1 1 ,c I r- MUN �MENT SIG► - - - /— EXISTING DRIVE t --- — _ - � ENCLOSURE 0 ��� FI�aINA1N _ - - � � M MATCH BLDG. REMAIN r° °��� ! t201,I8 I �, i - - i i - MONUMENT SIGN ii 24' _ , \ AC - - - ITV®� �lillr j y� I CESS EASEMENT '3 n� 1 _--ice _ _ _ 1 � _ _ _ _ _ Q Loe 4 C'' WITH ADJACENT _ 121 - - FLNI M WE PLAN --� - _ - - -. -• - - O \ _ PROPERTY , r _ i p] I F-'�'_" •45' �;� ,N VARI E 'Wlt' R 0 E� h - k . , - ....... � - �-' - 0 g' 'LE:;N) � . j ,3 _ Z �� 4 1 ; �4 . � \ EXISTING CRi VE 'r" _ 35' W X z.Z �' ' I J �,, / 20' D. LOd _FeAw FmCRY1 M1Q } / _ - _ _ i - --=, - 2 i � I AFt - ' - 49 1 '4 54 S 7'0-7 4 Vr' TO BE MOVED 30' WEST EXISTING DR '------ - -i �,✓'�� z:Fj' /� K _ �a� 4 1 R FFER - 'APE C., r,' 8------- \ tp�• K' TO BE ABANDONED z _ � � L OT -�.. r6: t DING P „ K a__ _ -___ -- _ _ A. �:4L [L _ EASE ,I r P„�(j'n�' 'A' a w j t? � ��•3� E - - FE, J" LANDSCAPE --- _ VV I L. J..b4 MIm J B FER L'YvE D 2 L lJ � 1 , B L �i K L EXISTING DR! VE - I '�- --- - - - T C A T ----- 30'-0" TO RE �----EXISTING DRIVE LC' _ �� c�C �J L' L` _ _.� � � AKE BOIL _ ^.A1,IL iC4N 1a'V',N ,` EA.Nr� �Ur'�i 3i' W x 42' D 'E' TO REMAIN 41 �-- LEVARD (FM 1749 �� T ! ' T"J ) ONVER E A SINGLE uT ( . A n. `, I r- 1 `� CONTI HANCiCA 3. W X 34 - B DE ACCESSIBLE TE _ _ -- VARIABI E W!07�-' W.j -- ._.;�NCRETE PAVEMENT 1.698 �LREc. `7? g; cr A SS BLE R _ _ f� _«_ ZONED Z;.)NEL-r _-r_ �=�..` ,1�- '. COMMtR�.iA.L NNE LEj��;LER, E ��. N0 25 50 75 100 SCALE 1' - 40' CASE# ZA98-11A _�� --:... �. 3 ._ —i-, - a:`.%�:.�sb0- a'•. ?._ :+$ a as .a 1. `. -v% 'vim 'Y s ,F¢� 4e. Wit. ..,., ate,..• ..,,�, ,., � F,;- , CEMETERY A��,O��A ION N SP1�lh r1.R r T ZONED — n`, Z�1NE_-- - 01 L J.D. -- OFFICE _ CWMERCIAL L U D — PUBIC / SEMI—PUBLIC z eckerd-spth.dwg - 1/5/99 CALLED 9.90 AC. WILLIAM J UST US, TRUSTEE VOL, 9647, PG. 25 D.R.T.C.T. 1/2-IRS VRAMIY MAP r------- (N.T.&) 11 I 1 I 1 Z ' I 0 I o w �cz noy 00 , o ' I 1 1 I I I L----- 1 /2'IRs REMAINDER OF A CALLED 5.0 AC. CITY OF SOUTHLAKE, TEXAS IRF IRON ROD FOUND VOL. 10345, PG. 278 (CM) CONTROL MONUMENT D.R.T.C.T. U.E. UTILITY EASEMENT FND FOUND PRTCT PLAT RECORDS CALLED ] .0 AC. CITY OF SOUTHLAKE, TEXAS VOL. 10346, PG. 278 D.R.T.C.T. TARRANT COUNTY TEXAS 1/2.IRs N 89056'50"E 518.15' 1/rIR DRTCT DEED RECORDS _____________ _ TARRANT COUNTY TEXAS t — \ JO' ACCESS & U77UrY EASEMENT Os / 0 25 50 75 100 �— — /— — — — — — — — — — — — — — — — — — — — — \ ltp=509 CALLED 1 .174 AC. \ \ \ 15' DRAINAGE EASEMENT (0 \ EPIPD—CROSSROADS SQUARE, L.P. \ \ Q / EXCHANGE CONTRACT 5' CAB.B. AA,,Y EASEMENT \ SLIDE 1216 $ I DATED MARCH 20, 1993 P.R. T.C. T \ \ \ j TO BY THIS APLL.AOTEO 368.29' S i N 89'56'500E 1 2-HtS --_�' - :. ...,..'- 1 ter', ------------------------------------------------------------------ 5' U77UrY EASEMENT 4V77UrY EASEMENT �• � ' r 3p ' ACCES U nL/TY ; , f ` CAB. A, SUDS 1216 + �+ ' QRA/NAL�AS£MENT P.R. T. C. T. 1 B. A, SLIDE' 1216`AB. A, / 1216 P.R. T. C. T. :- P.R. C. I-------------- ----s r r----------i-------- '-- I N r ': DRAINAGE EASEMENT CAB. A, SLIDE 1216 tr CALLED ] .6794 AC. 0 1 P.R. T.C. T. I I * . EASEMENT AREA rO BE CITY OF SOUTHLAKE, TEXAS r;% %:'.' ABANDONED BY THIS PLAT EXCHANGE CONTRACT .ter m I ,, .!. may' EASEMENT AREA TO BE i l DATED MARCH 2O, 1998 ' I �'`' ABANDONED BY THIS PLAT 1 LOT 2R2 i' ' : `l` 1584 ACRES I (69,006 S.F.)I` ;/; �•' W I OD OD REMAINDER OF A CALLED 3.954 AC. , of EPIPD—CROSSROADS SQUARE, L.P. i hl 45• VOL. 13156, PG. 282 I 5' U77LITY EASEMENT 364.78' 2 27' ; D.R.T.C.T. ' I ------------------------------ - ' --------------------------------------- � 10' U.E. ' I ' 1 i ACCESS EASEMENT CAB. A, SLIDE 1216 I I 0 N 89'58 09 W 390.05 P.R. TC. T 10" X 10' ----TI rYEASEMENT--------------------------T , UnU-1— ----- CABA, SLIDE 1216 -I P.R. TCT1I — -- ' ' TO BE ABANDONED "� I BY THIS PLAT l I I ---- ---t- I �» 10' U.Ern + I / LOT 2R ] N I 7.891 ACRES 2 I (335.002 S.F.) CALLED 3.329 ACRES I ; c ; I I �;ercl Cd WYNDHAM INVESTMENT PROPERTIES, INC. 11 d VOL. 12561, PG. 334 1110 i I D.R.T.C.T. I I TOTAL AREA ; I 10.127 ACRES I I (441,151 S.F.) I 30 I I li/ C 20' PARK/NG EASEMENT I / BY SEPERA TE INSTRUMENT 20' DRANA GE ESV T. j �—ACCESS EASEMENT / S 89'03r44" E 22. $7' II 1 I I 5' unury EASEMENT I 1 I CAB. A, SLIDE 1325 P.R. T.C. T. 1/2'IRF ------------------------- r ____ i I EASEMENT AREA TO BE j �� CAB. A, SLIDE 1216 I , , , ABANDONED BY THIS PLAT I ,I � i \4 i 0 P.R. I , I T.C. T. /CNI PU&IC ACCESS EASEMENT ' ' i I �' �' / / LOT 4R I ,i / , ' '' 'I O CAB R L325 ; _ ---�. - ;r_-- ---r----- . T i OB53 ACRES � N ; :'; �,; : :. f; �1/ , (37,143 S.F.) �'r -- 15' UJ►Un 1325 __ -/ jjy�;- i' r_ ; ;{ i/ / I I / N 06'31'48" W - CAB- A. R. rG L + I - ---��= � 1� j-_ /� It l ,;� 98.63 ---------------------- I I COAAWOOV ACCESS, U nU / t BUIL011`I LOT ] , BLOCK ] I _- '_- ' & MvAGE EA SEMEN I' I 1 50 ___ r -' u► ' A, SLIDE 1p - FIRST AMERICAN SAVINGS _ 15" Pulalcic v>�vrr--= 1 P�re 1•' C'; "-� ; r SUWTARY SEVER , SEMEN - BANK ADDITION AND DRAINAGE EASEMENT , t`� �5�.-VDU MENt ' I ' 10' unA� L/DE 121e------- VqL 1Gt587, PGt 622 _--p1R�1NA� E�� %� i I i CAB P.R T. C T----------------------------- CAB, A, SLIDE ] 325 D.R.T.CT. , + dt — ___________ __ / / I , 75.79 . TXDOT HWY 1/2W W/ 1 1 / I -tom __ _ . S 88 45 30 W P.R.T.C.T. , ncooT NWY MOMJAE?1T sEYPCO c� E mcmimoa 50' BUM-'?L1325 _�= -x cur ' CAB. A. T. �'—' ; ! --' j FOUND = 3'33'15' P'R't nmoT "'"' R = 2954.79' ,o 16 = 0 1*02*310 Go M MI ENT CAS�I►W-I'mr 1Wj•42 � S 812536' W L — 183.29' o R - 2949.79' o 1 10' u1xrY� 1325 i S ��g 9p �,29' C.B. - S 83'12'14' W L — 53.65' ' AB T tO C D = 183 26' B S 8730'0 W 1 /2-PF W/ SEMPCO CA lI� I I I t�� �I I �I N C4 ' 88.17' `G g N 7I 1 1� Iv 88.31' . 1 �17 I 1 I , I I ' I 1 I -41 1 � I1 1 J 188 58' q 1 0 i I 1 I I I I I I 1 LOT I R LOT 2 LOT 3 I . � 4 ' 15' U.E. VOL. 388-181, PG. 69 P.R.T.C.T. I ' LOT 4 � I `.I 15' U.E. VOL 388-181. PG. 69 P.R.T.C.T. I ' BLOCK 6 DIAMOND CIRCLE ESTATES ' CITY OF SOUTHLAKE 10' U.E. SECOND INSTALLMENT VOL. 12226, PG. 693 D.R.T.C.T. VOL.388-181, PG.69 VOL. 12318, PG. 96 P.R.T.C.T. I 1 I I I � 1 IW� ,Zd IJa zroY 9;~ LOT 5 mMa 1 I�0 I 1 I 1 I I I 50' BUILDING SETBACK p h BY CITY ORDINANCE 10' 1--T 10' UTILITY EASEMENT _______________ BY -CITY ORDINANCE TXDOT HWY MONUMENT OF BEGINNING F.M. 1709 PLAT REVISION LOTS 2R1, 2R2, AND 4R C P R T. C. Plc NM. 00 C. SET o C.D. 53.64' _ _ _ 1T' _ E SOUTHLAKE BOULEVARD LB.G. HALL NO. 686 ADDITION (VARIABLE WIDTH R.O.W. aLi2ag_)— - —_ AN ADDITION TO THE F.M.1709 1 H/ r E C H A P E L CITY OF SOUTHLAKE _ - W. SOUTHLAKE BOULEVARD I 1 C f JAI f 7' f' R Y A S S O .- r- TARRANT COUNTY, TEXAS (VAR/ABLE NIn 7H R.O. W.) v � 1 -� �I3 S U R V. E Y . A — 2 O 4 1 10.127 ACRES OUT OF THE L.B.G. HALL SURVEY, ABSTRACT 686 o BEING A REVISION OF LOTS 2. 3, & 4 CIE L.B.G. HALL NO. 686 ADDITION RECORDED IN CAB. A, SL. 1216, P.R.T.C. ''- a0 �� � 1NHITES CHAPEL NOVEMBER 23, 1998 / 3 LOTS g �j V CEMETERY ASSOCIATION yv GLORIA JEANNE LECHLER, ET AL � I O B D IA H VOL. 11940, PG. 898 v s; -1 OWNER/DEVELOPER OWNER VOL. 9779, PG. 2371 0 � W K /V 1 G ii 7' SURVEYOR D.R.T.C.T. W I ` S U R v E Y EPIPD— CROSSROADS SQUARE, L.P. CITY OF SOUTHLAKE, TEXAS BURY & PITTMAN—DFW, INC. 1 14990 LANDMARK BOULEVARD 667 N. CARROLL AVE. 5310 HARVEST HILL L i r r L B E R R GY ti A L L S U R V E Y,A SUIA 3 9 9 DATE S,OOTEXAS 75240-6729 (8117) 44881 SOUTHLAKE,TEXASAS 76092 DDASUITE LLLAS, TEXAS 75230 (972) 866-9555 (972) 991-0011 H I R A M G R A /VBERRY S URVE"Y, A 53 1 THIS PLAT IS FILED IN ABINET SLIDE DATE Drown bK " Project Na 30005-03.20 Fla F.\3M5-03\9IpA3M03PLT.ew9 SHEET 1 OF 2 NO1FS 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF WHITE CHAPEL ROAD BEING SOUTH 00 0351 " WEST THE SAME AS RECORDED IN CABINET A, SLIDE 1216, PRTCT. 2. SELLING A PORTION OF ANY LOT WITHIN THIS ADD117ON BY MEETS AND BOUNDS 1S A VIOLA TION OF STA TE LAW AND CI TY ORDINANCE AND /S SUBJECT TO FINES AND W THHOLDING OF U77LI TIES AND BUILDING PERMITS. J. THE SUBJECT 7RACT OF LAND SHOWN HEREON LIES WITHIN ZONE X AS IDEN 77FIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RA TE MAP, COMMUNITY PANEL NO. 48439CO185 H, DA TED AUGUST 2, 1995 FOR TARRANT COUNTY, TEXAS AND /NCORPORA TED AREAS. 4. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRIANGLES /N ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. SURWYOR'S CERARICATE THIS is to certify that I, David J. De Weirdt, a Registered Professional Land Surveyor in the state of Texas, having prepared the above subdivision plat from a actual survey on the ground- and that all lot corners, and angle points, and points of curve shall be properly marked on the ground, and that this plot correctly represents that survey made by me or under my direction and supervision. DA VID ✓. DE WEIRD T DA TE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGIS IRA TION NO. 5066 BURY & P/TTVAN-DFW, INC. 5310 HARVEST HILL, SUITE 100 DALLAS, TEXAS 75230 We, the undersigned, as duly authorized representatives of the respective utility companies, hereby express no objection to the abandonment of the easement so noted on this plot, said easement being previously recorded in Cabinet A, Slide 1216 of the Plat Records of Tarrant County, Texas. Texas Utilities Electric Tri-County Electric Cooperative, Inc. Signed, Signed: Printed Nome: Printed Name: Title: Title: Date: Date: GTE Central, Inc. Signed: Prin ted Name: 77t/e: Date. - Marcus Coble Signed.- Prin ted Nome. Title: Date: Lone star Gas Company Signed - Printed Name: Title: Date: STA 7F* CIF TEXAS STA TE CIF TEXAS COUNTY CIS TARRANT NOW, THEREFAR£, KNOW ALL MEN BY 7HESE PRESENT.£ couNTY CIS TARRANT 0WER'S CERTIRCA TE WHEREAS EPIPD-CROSSROADS SQUARE, L.P. and the CITY OF SOUTHLAKE, TEXAS, acting by and through the undersigned, their duly authorized agents, are the sole owners of a 10.127 acre tract of land situated in the L.B.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 and that called 1.584 acre tract of land both described in the Exchange Contract between the City of Southlake, Texas and Crossroads Square, Ltd. doted March 20, 1998, and being all of Lots 2, 3 and 4 L.B.G. HALL NO. 686 ADD177ON on addition to the City of Southlake described by plot recorded in Cabinet A, Slide 1216, Plat Records of Tarrant County, Texas, (PRTCT), said 10.127 acre tract of land being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with cap stamped "SE•MPCO" found for the point of intersection of the norther! right-of-way line of F.M. 1709, also known as Southlake Boulevard, ( o 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 corner said Lot 4 and being the point of curvature of a non -tangent curve to the left having a radius point which bears South 015838" East, a distance of 2949.79 feet; 7HENCE along said northerly right-of-way line the following: Southwesterly with said curve to the left through a central angle of Ol 02'31 " for an arc distance of 53.65 feet, a chord bearing of South 8730'07" 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 Deportment 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 0501109" East, a distance of 2954.79 feet; Southwesterly with said curve to the left through a central angle of 0333'15" for an arc distance of 183.29 feet, a chord bearing of South 8372'14" West and a chord distance of 183.26 feet to a chiseled "x" found for the point of tangency, South 812536" West, a distance of 22.29 feet to a Texas Department of Transportation concrete right-of-way monument found for comer; South 754258 West, a distance of 116.90 feet to a P.K. nail set for the southwest corner of said Lot 3 some being the southeast corner of Lot 1, Block 1 of FIRST AMERICAN SAVINGS BANK ADDITION, on addition to the City of Southlake described by plot recorded in Cabinet A, Slide 1325, PRTCT,• THENCE North 02 00'47" 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, some 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, DRTCT continuing along the common line of said L.B.G. HALL NO. 686 ADD1770N and said 3.829 acre tract of land in al/ for a total distance of 501.92 feet to a 5/8-inch iron rod found for a reentrant corner of said L.B.G. HALL NO. 686 ADDI770N; THENCE North 89 58'09" West along the common line of said L.B. G. HALL NO.. 686 ADD1770N and said 3.829 acre tract of land, o distance of 390. A5 feet to a 1/2-inch iron rod set for the most northerly southwest corner of said L.B.G. HALL NO. 686 ADD177ON and being in the east line of that called 9.90 acre tract of land described in deed to William Justus, Trustee recorded in Volume 9647, Page 25, DRTCT,• THENCE North 010853 West along the common line of said L. B. G. HALL NO. 685 ADD117ON and said 9.90 acre tract of land, a distance of 188.04 feet to a 1/2-inch iron rod set for the northwest comer of said L.B.G. HALL NO. 686 ADD117ON and being in the south line of the remaining portion of that called 6.0 acre tract of land described in deed to the City of Southlake, Texas recorded in Volume 10346, Page 278, DRTCT,• THENCE North 8956'50" East along the common line of said L.B.G. HALL NO. 686 ADD177CN and said 6.0 acre tract of land, a distance of 368.29 feet to a 1/2-inch iron rod set for the southwest comer of the aforementioned 1.174 acre tract of land described in said Exchange Contract; THENCE North 0004'36" West along the west line of said 1.174 acre tract of land, a distance of 98.74 feet to a 1/2-inch iron rod set for the northwest corner of said 1.174 acre tract of land, - THENCE North 8956'50" East along the north line of said 1.174 acre tract of land, a distance of 518.15 feet to a 1/2-inch iron rod set 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 0003'57" West along said westerly right-of-way line, a distance of 98.74 feet to a 1/2-inch iron rod with cap stomped "SEMPGIO" found for corner; THENCE South 000351" West along the common line of said L.B.G. HALL AAO. 686 ADD177ON and the westerly right-of-way line of said County Road 3016, a distance of 63222 feet to the POINT or BEGINNING; CONTAINING a computed area of 441,151 square feet or 10.127 acres of land. THAT, EPIPD - CROSSROADS SQUARE, L.P. and the CITY OF SOUTHLAKE, TEXAS, by and through the undersigned, its duly authorized agents, do hereby adopt this plat designating the hereinabove described property as Lots 2R1, 2R2, and 4R L.B.G. HALL NO. 686 ADDITION, an addition to the City of Southlake Tarrant County, Texas and we do hereby dedicate the rights of way, and easements shown thereon to the public's use unless otherwise noted. WITNESS my hand at Southlake, Tarrant County, Texas this the day of 1998. By. STATE CIF TEXAS COUNTY OF TARRANT Mayor, City of Southloke Whereas acting by and through the undersign, its duly authorized agent, is(are) the lien holder(s) of the property described hereon, does (do) hereby ratify a// dedications and provisions of this plot as shown. xx STA TE OF TEXAS c10UNTY CIF TARRANT BEFORE ME, the undersigned authority, on this doy personally appeared known to me to be the person(s) whose names) is(are) subscribed to the above and forgoing instrument, and acknowledged to me that (he/she/they) executed the some for the purposes and consideration expressed and in the capacity therein stated and as the act and deed of said GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1998. Notary Public Commission expires: BEFORE ME, the undersigned authority, on this day personally appeared. of EPIPD - CROSSROADS SQUARE, L.P., a partnership, known to me to be the person whose name is subscribed to the above and forgoing instrument, and acknowledged to me that he executed the some for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1998. Notary Public Commission expires: STA TE CIF TEXAS COUNTY CIF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared of the CITY OF SOUTHLAKE, TEXAS, known to me to be the person whose name is subscribed to the above and forgoing instrument, and acknowledged to me that he executed the same for the Purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1998. Notary Public Commission expires. APPROVED BY THE PLANNING & ZONING COMMISSION DA TE.- CHAIRMAN: P&Z SECRETARY APPROVED BY THE CITY COUNCIL DA T F- MA YOR: CITY SECRETARY PLAT REVISION • LOTS 2R1, 2R2, AND 4R LB.G. HALL NO. 686 ADDITION All ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 10.127 ACRES OUT OF ME LB.G. HALL SURVEY, ABSTRACT 686 BEING A VISION OF LOTS 2, 3, & 4 L.B.G. HALL NO. 686 ADDI11 RECORDED IN CAB. A. SL. 1216, P.R.T.C.T. NOVEN 23. 1998 / 3 LOTS RECD PEO OWNER/DEVELOPER OWNER SURVEYOR EPIPD-CROSSROADS SQUARE, LP. crry OF SOUTHLAKE, TEXAS BURY & PITTMAN—DFW, INC. 14990 LANDMARK BOULEVARD 7 N. CARROLL AVE. 5310 HARVEST HILL SUITE 300 THLAKE. TEXAS 76092 SUITE 100 DALLAS, TEXAS 75240-6729 (17) 481-5581 PALLAS, TEXAS 75230 (972) 866-9555 (972) 991-0011 THIS PLAT IS FILED IN CABINET SLIDE . DATE Dram bx " Projet Na 30085-03.20 Fla F.\3W5-03\SuRV\T.d" SHEET 2 OF 2 GENERAL NOTES 1. ALL ELEVATIONS SHOWN ARE IN REFERENCE TO THE BENCHMARK AND MUST BE VERIFIED BY THE GENERAL CONTRACTOR AT GROUNDBREAK. 2. FINISH WALK AND CURB ELEVATIONS SHALL BE 6" ABOVE FINISH PAVEMENT. 3. ALL LANDSCAPE AREAS SHALL BE ROUGH GRADED TO 6" BELOW TOP OF ALL WALKS AND CURBS. FINISH GRADING, LANDSCAPING, AND SPRINKLER SYSTEMS ARE BY THE OWNER/OPERATOR. 4. ALL "SPOT" ELEVATIONS SHOWN ARE AT GUTTER,- UNLESS NOTED OTHERWISE. 5. GENERAL CONTRACTOR DUST PROVIDE E ABC -AS BWLT" INFORMATION UPON COMPLETION. PROPOSED REVISION AREA A) DELETE/MODIFY EXIST. CURB (INFILL PVM"T TO MATCH EXIST) B) ADD NEW CURB ISLANDS (GUTTER ELEV TO MATCH EXIST GRADE) C) MODIFY LOT STRIPING D) DELETE WINDOW AT BLDG. DENOTES NEW GRADE c� PAVING SPECIFICATION W to to m 0 4 o > o o CS i--i g 0 z I- a W A Q'. W N in 1f1 v N o"n O 01 1X Z t, 0 O z o: LOT LIGHTING RECOMMENDATION M W W is N o 51 PARKING PROVIDED C W N 5 � ZQ C to d. W UTILITY INFORMATION N 12 W W SIZE TYPE LOCATION � o SANITARY SEWER 6" P.V.C. INSIDE NORTH PROPERTY LINE o a WATER 12" W.L 7.5' INSIDE SOUTH R.O.W. SOUTHLAKE w STORM SEWER 36" R.C.P. IN SOUTH R.O.W. OF SOUTHLAKE BLVD. 0 ELECTRIC EX.120/208 30, 4W.(O.H.) SOUTHLAKE BLVD. GAS ISO HIGH PRESSURE GAS UNE IN R.O.W. SOUTHLAKE SURVEY INFORMATION w W a PREPARED BY: LEGAL DESCRIPTIPON: GORRONDONA & ASSOCIATEhl tW4. SOUTHLAKE CROSSING, PH. 2 N a 6737 BRENTWOOD STAIR ROAD. FORT WORTH, TEXAS 76112 CABINET A. SLIDE 1614 -� a D: n t- PHONE 817 96-1424 TARRANT COUNTY, TEXAS FAX (s�7�4 8-176s 0 z DATE:25 OCT. 1994 LOT 4, BLK. 1, P.R.T.C.T. a 0 z SITE CONDITIONS g 0- z sn N O U ZONING C3 - COMMERCIAL BLDG SETBACK FRONT 50' PARKING : 1 PER 100 S.F. (BLDG.) BLDG SETBACK SIDE : 15' LANDSCAPING : REQUIRED BLDG SETBACK REAR :15' LANDSCAPE SETBACK : 10'FRT., 5'SIDE FLOOD ZONE : NONE ,_ W a p SIGN :100 S.F. MONUMENT SIGN LOT SIZE : 44,139 S.F/1.013 AC. PLAN SCALE: 1 " = 20' a a Z 4 STREET ADDRESS 50UTHLA�K� BLVD. (F.M. 170cf) O w V~f 0 o CITY 5OUTHLAKE REGIONAL DWG. NO STATE TEXA5 COUNTY TARRANT CORPORATE DWG. NO. oE ZR`�D�o STATUS DATE DRAWN PLAN CHECKED AS -BUILT to S n DATE I BY Oi DEC.,94 I V.D.1 4 ZONEV: 5F20-A LUD=MEDIUM DENSITY RESIDENTIAL BLOCK ! JAME5 d RENEE CRANFORD CHARLES 4 CATCY JACKSON MEW PHASE I LOT 28 BLOCK ! LOT e5I EW PHASE II LOT 15 BLOCK I CABINET A, 5LIDE -754 CABINET A 5LIDE 135C EXI5TIN6 30" 5OUTHVIEW PHASE I DONALD I GHERYL FOLTZ P R.T.G T. 1 F.R.T.G T. I DRAINAGE PIPE CABINET A, SLIDE ' 54 i LOT 14 51,OGK ! P R.T G.T 5OUTHV IEW PHASE I 1 TYPE "Y" INLET CABINET A, SLIDE z84 /CATCH BASIN Wi 30"PIPE EXISTING 8' SGREENIN6 FENCE P.R.T.G.T. II / TO TIE INTO EXI5TIN6 PIPE- - — / /JIM' / f? D DRAIN GE d UTL . _ - ITY SEMENT mm�� A A _ 4 =Ct ! E __ I 15' INA E EA MENT — - — 51.)ILDIN6 LINE,— — — — w w I `� II T INLE w I - 2T, 4' FIRE LANE _ MICHEAL 1 PATRICIA BERRY LOT :.q BLOCK ! I' 'Ln 50uiTH`il[W PHA5E Ii CABINET A, SLIDE !35C �— GO BETE PAVING 2 (�l 5FACE570 ;?q, O„ i0'-O z IS' 25'-0 -- O -! -- — 33 w� 1i, `n I w -- ----- GONG. WALK Cn 3WALLul kil 2' PACK 7/ ly 77 UA LLj 10 ,i 25-0" iIS'-0" 8'-0 43 GONG. WALK z1 ENTRY L, WALL z I I L 16HT / ; ;/ ' PACK ;;'� �/ w % 17 ,i / r , i L--- HANSEi- EC' 7H 5FARK_ I 30'-0" BUILDING LINE LOT 3o BLOCK I GaB�NtT A _�DE `35C t -� k - `fYPB ,-72.p' NOD4.55"E +I cv 1 - R.O.W. DEDUCTION <? I � I I��.O' S0D28'02"W UNDER6ROUND NATURAL" 6A5 I I cv JI I- I I I dF O > W E ` b' (DUMPSTER I L — / S�REEN WALL w — I ul ;w w .n 1 ALL�P Q w ZI tt PA cv Zw r�� I� Q v ty ZONEP (A i, toi/ I - II I REMAINDER OF I i jl _ I VOL. 12023 P6. I2gE j' u , D.R.T G T. wiz /. tu - I ko w v J LOW WATER C 51 N6- 10" SEWER LINE EXI5TING CENTER LINE OF ASPHALT W -_ - --APPROX. 350^- D15TANCE TO G.L. OF-OWNBY DRIVE — _ —! - IVE Il�A R R A CONSTRUCT NEW DRIVE APPROACH PER CITY STANDARDS — 300'-q" G.L. OF DRIVE TO G L OF DRIVE —_ 10" WATER LINE ZONED; (MIXED - SITE LUD =!'MIXED USE? APPROVED PRELIMINARY PLAT - 5OUTHL AKE TOWN 5OUARE SCALE 1°=20'-0" OWNER COOPER 5TEBBIN5 O 5 15 50 NORTH LOT: S BLOCK: I PANORAMA PLACE, PHASE 2 �, I A�iA� �U1�11�AR1' G?�A ' T 5JY� . CRY CHART- BUFFERYAR: �S FROM: LOT : BLOCK: PANORAMA PLACE PRELIMINARY PLAT LOCATION/ REQUIRED/ LENGTH BUFFERYARD CANOPY AGGENT SHRUBS FENCE/SCREENING SOUTHLAKE,TARRANT COUNTY,TEXAS LAND USE DESIGNATION OFFICE COMMERCIAL LENGTH OF PROVIDED WIDTH/TYPE TREES TREES HEI&HT d MATERIAL NET ACREAGE: LOT AREA NET OF R.O.W. DEDICATION A5E LINE ("APPRO.X.38,814 S.F.=.Bq ACRES) NORTH REQUIRED I010' V - A 2 4 15. NUMBER OF PR0P05ED LOTS: PERCENTAGE OF 51TE COVERAGE: 5LD6. FOOTPRINT/NET LOT AREA (APPROX. 22.8) PROVIDED IQO' 5' - A — 0 0 0 AREA OF OPEN SPACE: BUFFERYARO d INTERIOR LAND5CAPE AREA (APPROX.15213 S.F.) FAST REQUIRED 155' 10' - E 2 3 12 PERCENTAGE OF OPEN SPACE: MFERYARC i INTERIOR LAW5CAPE AREA /ITT LOT AREA (APPROx3N.141%) SIJMM AIRY CHART_ I NT�R! OR L AA;�DSCAPE i AREA OF lvPER',/IOU5 COVERAGE BLX.FOOTPRINT,PARKINd.7 $PACESpRiVESVDEiNALK5DU,ftT1R I`Vg% PROVIDED 165, 10, - E 0 0 0 (APPROX. 25,&q 1 S.F.' SOUTH REQUIRED 225, 10 - F-I 'I 14 18 D' 5TOGKADE LANDSCAPE % OF AREA IN CANOPY AGGENT SHRU55 GROUND COVER PERCENTAGE OF IMPERVIOUS COVERAGE: AREA LISTED ABOVE/NET LOT AREA (APPROX.61.03%) AREA FRONT OR 51DE TREES TREES (5Q. FT.) MAXIUM 5U LD NG HEIGHT: U5G 5TANDARD PROVIDED 225► 0 O O EXISTING ' 10 - F- TOTAL HAND'CAP PARKING SPACES: �'. WEST REQUIRED 1�2' 10- F-I 5 10 14 8' STOCKADE REQUIRED 4426 '15 15 ?4 _ 443 REQUIRED :.OARING SPACES: 3'? — 10 - F-I 0 0 0 EXISTING PROVIDED 15,15q '1 15 '14 443 PROV i ^ED LOADING SPAGE5: 3q PRO'/IDED 1't2' - OF e)(i5TiN(5 � J7 Q oI �I SITE - ,n w Q ly Q - NT!NENTAL VD. VICINITY MA� T- ff1 C4 Q � M W PO 0 Q O Q CN Y (-4 O V) 41( Z X • u 0L v 4( O OL 0 0 . r �1 Q 4( Q 0 Z OTC z q IL IL UL UL Z FOR FANORAMA PLACE, FHASE 2 GARROL AVENUE SOUTHLAKr=, TEXAS TARRANT COUNTY OWNER: JOHN GOLF 5001 5PRING VALLEY RD.,#I100 W DALLAS, TEXAS '75244 TELE#: q'72-41q-40511 FAX#: 01'12-41q-&662 APPLICANT: PANORAMA PROPERTIES, INC. 502 N. CARROLL AVE. 5OUTHLAKE, TEXA5 '760412 TELE#: V 1-488-g000 FAX#: 4WI -488-081 g Ad& B lake Architects, m" 0--- - 1202 S. WHITE CHAPEL ROAD • SUITE A SOUTHLAKE, TEXAS 76092 OFC. 817-488-9397 FAX 817-251-3205 q ACRES S+er=T G ASE tt ZAcqB-152 REC'D J A N 2 51999 0f 3 5+4EET5 IC P�_ATE F!t�jj H F BRICK A5 SPEG'C. 0 RLA GOHP051TION ROOF A5 5PEG'D. PAR=PET WALE 5LDO UPLIGH T 5 Z v66167. yr +.ivn 1 . SCALE. 'OHP05iTiON ROOF A5 5PEC'D. =Ri,I,K A 5PE„ D. " ' SLDG �PLIS►�T5 / . !-V pi i0' PLAT1 FN15H P O' •PLATE FIN15H FI VKIGK A5 Vlt:G C;- C A b A � 1.1 A I 1 DMiCe t N'V V. 6dI.V47. yr 6?vn i I'iNE57 ELEV-ATION OF'P0517E l DAOAOCT W&I 1 G1.V%W. Vr- V ipn i .r I I1►AO/1GITt/1►1 10^^19 AG GDIiI'PN SCALE: . inieAne,iTin►j annF A5 SPEG'D. C-7. (5) NORTH En L. E I �7ON I;50UTH ELEVATION OF'F'C517E ;) SCALE: NOTE DIRECTIONAL UPLI(SHTINv ARE INTENDED TO 5E USED TO LI&HT UP 5UI-DIN& PACADES. Or"' K ` w V 4 i w rn cn 00 00 r IM .O 00, LE p w U Q cc X w w m w tV � O p _ C O �]] FOR PANORAMA PLA E, PHASE CARROL AVENUE SOUTHLAKE, TEXAS TARRANT COUNTY OWNER: JOHN DOLE 5001 SPRING VALLEY RD.,#1100 W DALLAS, TEXAS '75244 TELE#: 01"12-4141-40541 FAX#: 0112-41101-8b62 APPLICANT: PANORAMA PROPERTIES, INC. 502 N. CARROLL AVE. ` SOUTHLAKE, TEXAS "160g2 TELE#: 81'7-42>8-0I000 FAX#: 81"1-88-OSIQ !► Blake Architects 1202 S. WHITE CHAPEL ROAD SUITE A SOUTHLAKE, TEXAS 76092 OFC. 817-488-9397 FAX 817-251-3205 .Sg ACRES SHEET C A5E # - JAN 2 35 1999 OF 5 SHEETS V, C_.;i� �-// ? �4 ram,, .- t­oj 4.1'. : t U T ii n' N O:D k5'SI"E cos IIN 1 r7 . I r I � ! i j vv M 1iJ,YL1 GliF4 1 UNDERGROUND NA-r IRAL GA`- — — — ---�� -_ --- - - ------ - ---- ------------- ---- -- - - - - - - -- -- -- - - - - - -- -- ------------ - --- -- CC �� 'ro59 A',,,/ E N U E 10" WATER LINE W w w V ire Q � rn y M v V)00 V) 00 00 � o L Q N a cr o vCL Q X m � W Y u� (V ON _ O v � X ZW lu lu UL = Q O OL � OL v � J OL ui � Q Q � 0 Z OL � z IIC I a FOR PANORAMA PLACE, PHASE 2 GARROL AVENUE SOUTHtAKE, TEXAS TARRANT COUNTY OWNER: JOHN COLE 5001 5PRINC-7 VALLEY RD., I100 W 1DALLA5, TEXAS 15244 TELE#: q 72-41q-405q FAX#: q 72-41q-b662 APPLICANT: PANORAMA PROPERTIES, INC. N. CARROLL AVE. 5OUTHLAKEL \ TEXAS "76ll TELE#: 9W7-88-c1000 AX 81'b�48&-081q >' Blake Architects NORTH 1202 S. WHITE CHAPEL ROAD 4 SUITE A SOUTHLAKE, TEXAS • 76092 OFC. 817=488-9397 • FAX 817-251-3205 .8q ACRES SHEET 5 C A5E tt ZA�fiB- I �2 RECD JAN 2 51999 111 OF 5 SHEETS i3UFFER1'ARD CANOPY ACCENT WIDTH j,. AKE G RE 5 T LAKE G RE 5 T NORTH OCK , 0-�- 3 / �J / p VARIABLE WIDTH UTILITY EASEMENT /' / SITE DATA SUMMARY � REQUIRED 20, 131 O 5 4 19 L / / J B,LOGK 1 LOT 2 ;R / ANTICIPATED SCHE04LE OF DEVELOPMENT •�� PROVIDED 20' 151' O 5 4 OWNER; / � £XiST(NOONN/PROPOSED Z SOUTH 4LNER: LApRY RO BI S� M� J R.T. ST P ANI G SVRO 1 REQUIRED 10' 153' FI 5 9 12 W 1 J � / ! LAND DESKat�M�4tION c7j ' �n / / GLOSS ACRE ` PROVIDED IV, 153, F1 5 9 12 d) ZONED 6F - 2OA / �/ / ZONED SF - 20A // , NNET ACREAGE ET ACREAGE ' ,4gE 2 EAST I ' REQUIRED 5' 203' A 2 4 161� ! ' h�! p , j ! / p C /�, // ' W-SER OF OSED LOTS PROVIDED 5' 203' A 2 4 16 to L .0 .D . = I ' E D . DEN. RE 51 D E N T I A L - ^ / /� � L .U.D . = M E D . DEN. i E 51 D E N T i A L // / PERCENTAGE#OF SITE COVERAGE I / AREA OF SPACE _ _ r i / /_ ' PERCENT OPEN SPACE 1 WEST-J--r--- / AREA OF RVIOUS COVERAGE i REQUIRED 5' 136' A 2 `�' 153.12'�J' S�OS�J" '21'U1� 5 UTILITY ESM . -- —1 z 5' UTILITY ESMT. ­4 AREA of T31DE STORAGE PROVIDED 5' 132' A 2 1 4 16�-.�'�w�r�►rM�-wTrr_rrTrry-r - �--�----i------------------------------------- ' PERCENT OF OUTSIDE STORAGE -.#�-•= ° ? .: "$�� 0., � E_ E ,,, .,. �,_�.: ....� _._ IT1' T_- I ------------ 1(o 1.131 ---'�'-' - I , START TRUCTION I I I iZ i I1 I 1�' Ei2'r'AR>,�J€1} ... to"__.r.r -i--------------- i--------- I 1 FINISH TRIJCTION 54 + _ + +� .. I _ u I I PROPOSE 5L.DG. AREA (GROSS) ILLI 'cA I ( 1 ( I PROPOSE FLOOR AREA(NET--A/C) i INTERIOR LANDSCAPE SUMMARY i I �q i t 5P CE P C 1 I I 11 1 FLOOR AREA BY USE (DANCE STUD;O) i I IU I i i DI O I I I I 1 i 1 NUI" I ER STORIES CANOPY ACCENT 1 SHRUBS I� 1 I "I l ( I I ( I I MAXIMUM LOG. HEIGHT TREES TRIES( COVE i� ► ! t 1 I I I I i PROP BLDG. HEIGHT j 1. t l 1, BEEN I, REQIIRCEAP1 PARKINGolf-36•BOLLARD LIGHTS eERED=31088F 5 110 a9 265 ,l ViDEPARKINs AREA PVIDED415 8F S L— ---------------- ---- - - - - -- - -- -- ------ - - - -- ----------- --- - - - - - - STAND�I 10 49 265 H I_ ="- 40�REAR BUILDIW-s LIE -a---------1' GI TOTAL�CONCRETE SiDELUALK t DRiVE REQUIRED LOADING SPACES ' PROVIDED 1�OADiWs SPACES WHERE PARKING 16 PROVIDED BETWEEN THE BUILIWs SETS LINE AND PUSLIG I I Ella 1 T i I 1 r , R.01U, SHRUBS OBTAINING A MATURE HEIGHT OF E (3) T OR GREATER MUST BE PLANTED AT A MINIMUM SPACING OF THIRTY C ) INCHES CENTER CONTI I I `� # .# ONCs A EDGES OF THE PARKING OR RIVE ARE Ir f- t i 4 ?"f`0' X ?�,OTL5,0 24 - I lU I I I t ( , A 10% �JCTION IN REQUIRED PARKING AL ALL P VED I (rtj�# 1 # - 1 ( ( { 1 IS REMES D IN ACCORDANCE WITH THE i Id)`p 1 t i iv MECHANICAL 5YSTEMS -# I I I I i I SOUTHLAKS.LAN05CAPE ORDINANCE A MINIMUM OF 50% OF ALL CANOPY TREES PLANT D ON THE SITE MUST BE 2 IN CAL 091_r-/�1 1 1 �., SCREENED 13Y j Ji I OT I T iS i ES ANTi IN BUFFERYARDS AS LL I OCCUPATION BY 05 /0I i99 C-2 C-2 OFFICE COMMERCIAL 1.440 0.105 0.135 2 20.2596 9264 3007% 69.939� 0 04/3@/99 6216 Sa FT. 5864 SQ. FT. 5964 SQ. FT. 1 20, 33 30• 28 30 0 AND 50x MUST BE 4 IN CALIPER H NCLUD AS INTERIOR TO THE SITE. ( I I jQ1^ [. { j EVERGREEN PLANTIN i, I ) j i j I� I PROPOSED SE: DANCE STUDIO + a � # n + u 2 .�9 OWNER: C R LAMB I 1 Z 1 1_10 EXIT-- 1 z l I IQ I ` GRAP�VIi E TAM DEX,4,E76 051 , LANDSCAPED AREAS 1 1- I W i II� I . k - OT S i ' , �., ' i i� I T_ W I lip g i y I b21b :5 AREA i W I W Z i I� !� `�X�EI 5864 50. FT. NET AREA (A/C) 1 J) 1 j 1 Z I / I I I I� �1 # 1 in f Y T `'� I I I I I ` r' 15LIFFERYARD AREAS 1 111 �[ SINGLE STORY, DANCE STUDIO _ �1 ( Q I I i i � 1� 1 W fl[ I I 1 ..-1 i iv 2210 .Q 1 1 i tlt ! I t Q1 #- `4 I W I i 1 i" i t i80 N Y 18 (d _ X1 Q :3 W } 0 1� I� m I I I I ! 11 I I WL � �1� $ t I Il� z ad:5Rc*,RE7E 61 EW LK 1 I I t I t_ 1! & i 3 AG S -) cvl� i 1 I I I s iI I AG i (� I _ i 1 I, '_i l � n� I I I I � w I �► � TYPICAL PAWING Sf' E + n i -Poll � � + �+# to t- 1 { I I •� - I 1 I � - I � 50' FRONT BUILDING LiNE I 1 '�= I *- 36' HIGH BOLLARD LIGHTS I ' I OWNER: R1dI4,41''KD REUTL 1NGEk I wI T _..-� 1 1 I ALL PARKING, SIDEWALKS, AND I I I i t t ----------CONCRETE DRIVE I I i 1 I i i ZONED C- 2 1 I I i l 1 I 11 DRIVE ACCESS TO BE CONCRETE I 1 1 1 6 $ 4 g 0FF I CfE CpMMERC1AL I I ... `..` --�-- i - ------ - I I I i i 1 Im I 1 20` BUFFER ,YARD (O 1 f' 1 1 I i i # � 1 I iI-------------�--L_...-..:__..__--- --;.. ..----..._ -----�-----+-i ---------------------------------- -------r---�---1------------1 _ -----T' "1'" I 11 i ,^ 1 1 10 UTILITY E5MT. i1�' U�IL1T ' }�F.r��.�MT. � 1 Ls1<51.01' �- N' I S8�D58'41'E 1352�' i ' 10' UTiLiTY ESMT ' r-/i�rti r r�-r� - -- r_-�--.ram.--_rr�--�.r-.. �.--__�r--!_- --------- 12' WATER LINE + F i RE H*'DRANT LIGHTED MONUMENT iGN 12" ER ATLiNE CONCRETE UJAL As PER CITY REQUIREMENTS SAS L1 E ;• /�"''GONCRETE CURB AS REQUIRED BY C1T`�' 323'-1" Q_ Q d � )CATION OF DAIRD 50JARE -� 1 Fp 1. 1im9 (5 Y I N I T Y M A P NORTH S UT�4L AKE, TEXAS <' OWNER: CiTY OF BOUTHLAK 4 ZONED C-2 i 1 L.U.D.= RETAIL COMMERCi,4L 1 1 1 i 1 TO CENTER OF ADJ CENT DRIVE \CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD SEARING C 1 01-44'02' 57I94.58' 1-15.3-7' 51.b9' 17536, 5 88.45STE � f F.M 011013 (50UTHLAKE 5LVD.) m -- ASPHALT ROADWAY 253' - 9" SITE PLAN SCALE: 1' -20'0' 5 15 3@ 5Q� m� _rr�r-wry--i-------ir---r---_---+r----err---- -- ---r-•r---r.-------------_ ----- -- -•• - _ -------------------------------------------- OWNER: SANDLER 5OUTI4LAKE LTD. • ZONED C 2 L.U.D.=RETAIL COMMERCIAL r/ ONE 5;=-20' L., .D. = rIED. �"E N. L � ' ` l 1 ' 1 ' t ' ! 1 � 40.' R.O.W. 34.B ! 40. R.0,W DARDAN SOUARE yIRAM GRANBERRY SURVEY NORTH _OT 8 NUMBER 561 ADDITION CITY OF SOUTHLAKE ''ARRANT COUNTY, TEX,45 PREPARED 12 /i/56 ----T---- ----}- ----I-- -- -- -- -- -- -- -- - 1 1 I 1 1 OLJNER: 170e 5OUTHL4KE 04K5 L7a, 1 ZONEI C - 2 1 1 1 1 1 a copyright Isse, REC'9 JAI N 2 51999 A' wA wx et n iW � n` X F- F X t Eu- Lj Ona NO. SITE "ojsa No. W25UON 22'—'10' 37-11' 18'-0, 22'— 10' 84041 0 IT 664WaLZ6 AT M 1; _16V PLA T9 SW" AT W2 16' 840LATR 16, - — - — - — - — - — Ujj rm CAO~ I - t_M-ATF 0' PLATE ,-6cLDmpt CAOUNM n I 'e-ScLow ca~ Tv OVA, SNVCK lop. AJITURAUT UFU"T &C#04CANT C4.0i"I 10MOVICAW CLOLM 64k"tc-AN'T CLOUM 663Nrr_*4T c4jotr% -T_ L 22'— 1022#-106 NORTH ELEVATION ATTIC HAI PLAW ISIONS -_—� P1.0" bor4a AT '_GWWw.MAT6, ATTIC 61441 AT 6, AT 61V PLATE Ow"31LES, 4T 602 A411V1 PLAW SM)*O WIIII APLA),K SID j5pl Wis OW JM AT 6,12 fr_PLATE Tric ATTIC ir SATE "API "LAW 60"d I PLAN[ 60*0 S' PLATE PLATE D'ftAM W PLATE apl 00 0 0 00 0 PP. 00 -i L Afl All y y AACWTOCAPA"Y TEC -UMALLY -1 CAN' CLOUM e CLOWN I 6kpdpqcANT 4 KM QJAM 6b2NPICAW CLOWN 22'-4' — L 12136 6 71-01 L _41 uLBT M-EVATWN EAA1 ELEVATION 22'-10' &*OLM AT il 0 WAI PLAW SLDINQ W.PLATE LZ L;� zlj G. oo (9MCK 9MCK 9,L 0 APk-J41WTI6GLLY FELE AM%:�NTKCTUk4"Y AMC��A Y 19� IIA112i alammcwwr CLOUPIN *KV4Pr_MT CZAAM vdVello, 24'—Oa I a RECD u 03 1999 -0 zr4 98-145 2 OC -Opvfqf-t 1998 Pro,�ect No. LOT 3 I I CORNERSTONE BUSINESS PARK I CAB. A SLIDE 4010 LOT 2 DRAINAGE EASEMENT 05.50' 10' UTILITY Elm 7EN 24' DRAINAGE EASEMENT �� VOL 13001 PG. 451 D.R.T.C.T. 115' LOT 4 THOMAS EASTER NO. 474 CAB. A SLIDE 4123 81.39' J N 00*34 23 W I � W W I N� a W �:a ILn F� c e- N LO I I �J W w a w I� U NGRADING EASWENTJ LVOL. 13001 PG. 451 D.R.T.C.T. 00 I)GRADING EASEMENT 13001. PG. 453 DRTCT LO N o_ I JOHN R. DEMLOW, ETUX CAROL G. VOL. 9275, PAGE 1926 DRTCT ' Hi�ION rV o o• O NORTH tiT �O ' SOUTHLAKE CORNERSTONE BUSINESS PARK VOL 12873, PAGE 522 DRTCT N 0016'37 W Z5' UTILITY EASMENT CAB. A, SLIDE 4123 U LOT 5R2 85,312 SQUARE FEET 1.9585 ACRES OVERALL (EXISTING LOT 5) 116,301 SQUARE FEET 2.6699 ACRES 274.38' � 1=10*3 '47" I R=19 4.86' I I I L= 36 .08' D=07'34'15" / T=1 .56 LC= 63.57 R=1974.86' L=260.95' CB 81 *25'10" W T=130.66' I ' LC=260.7 CD=N 79' '24" W ' z'^ V z ' 0 W WN 2 �-' 9 yW. p h�cj �m I E rs�so.00 I 0) 0 O to > f--- ACCESS EASEMENT- VOL 13001 PG, 451 D.R.T.C.T. 3 30, COMMON ACCESS EASEMENT I VOL 13001 PG 451 DRTCT—D=83'48' 8"LL N 01 *29'16" W 307.61' LOT 5R1 30,989 SQUARE FEET 0.7114 ACRES 25' COMMON ACCESS EASEMENT AND CONSTRUCTION EASEMENT VOL. 13001, PG. 447 \ �— S 01'29'16 E 297.96 10' UTILITY EASEMENT \--25' ACCESS, DRAINAGE, AND UTILITY EASEMENT ONE STORY BUILDING LOT 2 BLOCK B COMMERCE BUSINESS PARK VOL 388-214 PAGE 60 PRTCT EXISTING FENCE ALONG CURB LINE END FENCE EXISTING ODNCRETE PAVEMENT LOT 1 A I/ L=79.18'I I14 111 • o CARL SMITH V. 8842 P. 2383 DRTCT �a Li I 30' 50' 4 I I D=02'59I932" I R=1974.860 IL=103.13' T=51.58' I O ILC=103.12' CD=S 85'12'17" E I I I I I 6 7.5' I I I I 1=01'44'42" R=1974.86' I L=60.14' T=30.07' LC 60 14' CB=S 87*34 24" E I `1 /2- IRF CECIL YATES V. 7142 P. 1052 DRTCT SOUTHLAKE PROPERTIES, INC. VOL 12914 PAGE 251 DRTCT Sy SOUTHLAKE BLVD. EAST V S Mf . / W En j LOOP o Y SITE) a U 0] W Y o: a LOCATION MAP NOTES 1. SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 2. THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REQUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT INFORMATION AVAILABLE AT THE TiME THE PLAT IS FILED AND MAY BE SUBJECT TO CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN, MAY BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. 3. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRI— ANGLES IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. AVIGATiON EASEMENT AND RELEASE STATE OF TEXAS ) COUNTY OF )( KNOW ALL MEN BY THESE PRESENTS: WHEREAS, hereinafter called "Owner" (whether one or more), is the owner of that certain parcel of land situated in or within the extraterritorial Jurisdiction of the City of Southlake, Tarrant and Denton Counties, Texas, being more particularly described hereon for all purposes: NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged and confessed, Owner(s) do(es) hereby waive, release, quitclaim, and forever hold harmless the City of Southlake, Texas, a municipal corporation, hereinafter call "City", from any and all claims for damage of any kind that Owner(s) may now have or may hereinafter have in the future by reason of the passage of all aircraft ("aircraft" being defined or the purposes of this instrument as any contrivance now known or hereinafter, invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Owner's property, as hereon before described, and above the surface of Owner's property such noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at or taking off from, or operating at or on the Dallas/Fort worth International Airport; and Owners do hereby fully having remiss, and release any right or cause of action which it may now have or which it may in the future have against the City, whether such lubricant particles, and all the other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or the operation and/or maintenance of aircraft or aircraft engine at or on said Dallas/Fort Worth International Airport. It is agreed that this release shall be binding upon the Owner, their heirs and assigns, and successors in interest with regard to sold property located in or in the extraterritorial jurisdiction of the city of Southlake, Tarrant County, running with the land, and shall be recorded in the Deed Records of Tarrant County or Denton County, as appropriate, Texas. Executed this day of A.D., 19 Owner(s) FILED IN CABINET SLIDE — DATE PLAT REVISION LOTS 5R1 AND 5R2 THOMAS FASTER NO. 474 ADDITION 2.67 ACRES OUT OF THE THOMAS FASTER SURVEY, ABSTRACT N0. 474 BEING A PLAT REVISION OF LOT 5, OF LOT 4 AND LOT 5 THOMAS FASTER N0. 474 ADDITION, AS RECORDED IN CAB. A, SLIDE 4123 P.R.T.C.T. OWNER: THERE ARE A TOTAL OF 2 LOTS INCLUDED WITH THIS PLAT OWNER: CADDY PROPERTY MANAGEMENT, L.L.C. OCTOBER 1998 708 NETTLETON DRIVE SCALE 1 =40 SOUTHLAKE, TEXAS 76092 (817) 329-1635 o zo ao eo izo ieo DAVID KRUGLER, MANAGER GRAPHIC SCALE OWNER'S CERTIFICATE STATE OF TEXAS )( COUNTY OF TARRANT )( WHEREAS WE, CADDY PROPERTY MANAGEMENT, L.L.C., are the owners of all of Lot 5, of LOT 5 AND LOT 4, THOMAS EASTER NO. 474 ADDITION, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A. Slide 4123, of the Plat Records of Tarrant County, the some being a tract of land conveyed to CADDO PROPERTY MANAGEMENT, L.L.C., by deed recorded in Volume , Page , Deed Records of Tarrant County, Texas. CONTAINING 116,301 square feet or 2.6699 acres of land, more or less. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, CADDY PROPERTY MANAGEMENT, L.L.C., acting by and through its authorized agent David Krugler, MANAGER, does hereby adopt this plat designating the herein above described real property as LOT 5R1 AND LOT 5R2 THOMAS EASTER NO. 474 ADDITION, an addition to the City of Southlake, Tarrant County, Texas, and does dedicate to the public's use the Rights —of —way and easements shown hereon.This Plat does not alter or remove existing deed restrictions or covenants, if any. Witness my hand at Southlake, Tarrant County, Texas this the day of 19 CADDY PROPERTY MANAGEMENT, L.L.C. DAVID KRUGLER, MANAGER STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned authority, on this day personally appeared David Krugler, Manager of CADDY PROPERTY MANAGEMENT, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said CADDY PROPERTY MANAGEMENT, L.L.C. Given under my hand and seal of office this day of 19 Notary Public in and for the State of Texas My Commision Expires: SURVEYOR'S CERTIFICATION THIS is to certify that I, Geary Bailey, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents that survey made by me or under my direction and supervision. DATED this the day of 19 Geary Bailey Registered Professional Land Surveyor #4573 STATE OF TEXAS )( COUNTY OF TARRANT )( Whereas, LANDMARK BANK, acting by and through the undersigned, its duley authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. ELSE GUNTER. Agent for LANDMARK BANK 4607 Colleyville Boulevard P.O. Box 429 Colleyville, Texas 76634 (817) 656-1424 STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned authority, on this day personally appeared ELSE GUNTER, Agent for LANDMARK BANK, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she executed the some for the purposes and considerations expressed and in the capacity therein stated and as the act and deed of said LANDMARK BANK. GIVEN UNDER MY HAND AND SEAL OF OFFICE an this the day of _ 19 Notary Public in and for the State of Texas My commission expires: APPROVED BY THE PLANNING & ZONING COMMISSION DATE: CHAIRMAN P&Z SECRETARY APPROVED BY THE CITY COUNCIL DATE: MAYOR CITY SECRETARY LOTS5R1 AND 51112 RE"19 lifiti 1131999 THOMAS EASTER NO. 474 ADDITION CITY CASE NO. ZA 98-142 JDJR FILE NO. 98-079 114 114 L.U.D. INDUSTRIAL OWNER - JAMES AND DIANE STACY .OT 2 CAB. A, SLIDE 4010 D - 0-1 COP"rr STONE BUSINESS PARK TR 2C ZONED - AG L.U.D. - RETAIL COMMERCIAL OWNER - SOUTHLAKE CORNERSTONE BUSINESS PARK TR 2A1 ZONED - AG L.U.D. - RETAIL COMMERCIAL OWNER - JOHN DEMLOW C) �-P 0 TR2 ���� ZONED - AG L.U.D. - RETAIL COMMERCIAL 9� OWNER - SOUTHLAKE CORNERSTONE BUSINESS PARK Q EXISTING FENCE �u _ . PROPOSED 10' - TYPE B ELV 'o•EWARCED • 18• NAR N ELM'BUFFER YARD R / LS 1 9x 8 ARI IN LS / _ - - - - - - - - 1P RKi G 9 L.S I i PROPOSED 24.00' CROSS CONCRETE I / SCREENED PAVING I I I DUMPSTER PAD — — — —ACCESS/FIRELANE EASEMENT JR1 --/�54'Rx1 54'R ��L.S 7 9 8 N 30'R 1 CL I L.S Do L. S coo 3, 0� I � I I I 8 5 I - LS oz z PROP05ED LOT 5R 2 a ►' NW - z< — 5 oa I < FM_X (/J ' N II Q W I ICD x �U N I CD `a Q ' 3O'R L. S ACIC N" I z Y _ z 00 W I' NN I°' I (x 0W U O Z • PP STOP SIGN PROPOSED 20' BUFFER YARD 1=12'18' 28" R=1974.86' L=424.22' T=212.93' LC=423.41' CB=S 82'17'32" E PROPOSED 24.00' RIGHT IN- 7 = \N � xt P G/'-50' THROAT DEPTH x H /C CONCRETE j///, PAVING H /C _ p 4 12 T� I N W Lx I 1 IAn L.S N o v CONCRETE wPT L$ PAVING 70 AMA„ I a I a PROPOSED 5' BUFFERYARD N 01'29'16" W - 307.63' (TYPE "A") I Az• ROPOSED 5' BUFFERYAR 'T'8'R' (TYPE "A")q L.S NED STERo°PROPOSED3L.S°LOT VDC SIRILLER° PICK-UP°Tap- DOOR H/C I D a CD II CONCRETE PAVING / i c`ry " I W bi L.S I d a / EXISTING COMMON ACCESS NO BUFFER YARD / REQUIRED EASEMENT 297.94 NN 01'29'16" I BUILDING B v k---- axAe N.oNc PROPERn LWE BENCH MARK: BOX CUT IN SOUTH END OF HEADWALL ON THE SOUTHWEST END OF THE S.H. 1709 BRIDGE OVER S.H. 114 ELEVATION 670.68 TEMPORARY BENCH MARK: RAILROAD SPIKE IN POWER POLE AT THE NORTHEAST CORNER OF THIS TRACT. ELEVATION 671.62 A I �z .', 54'R 30'R / 1 zl PINE o < PnE/� L W ®R G La W SPEED LUT r'' I ff � lo.� L.S O ��ff N • 0AK _0 M • OwA ATER I • TO � I �- \`30'R \r54'R END FENCE PP ABTH ANCHOR LOT 1 A BLOCK B COMMERCE BUSINESS PARK ' VOL 3W-214 PAGE 50 PRTCT ZONED - 1-1 L.U.D. - RETAIL COMMERCIAL OWNER - JOE AND IZAC GREGORY OWNER: C� 1� NOTE: Ljj EXISTING ACCESS EASEMENT TO --BE MODIFIED TO MATCH RIGHT IN - RIGHT OUT APPROACH DURING TIME OF PLATTING. `-PROPOSED "NO LEFT TURN" SIGN PROPOSED "RIGHT TURN ONLY" SIGN EXISTING SIGHT VISIBILITY EASEMENT O 0 150' U) PROPOSED 18.00' RIGHT OUT- 50' THROAT DEPTH _PROPOSED 20' UFFER, YAR TYP11 E 0)-INCREASED TO 31'-36') NOTE: EXISTING ACCESS EASEMENT TO BE MODIFIED TO SAVE EXISTING 30" OAK TREE AT TIME OF PLATTING. EXISTING 20' TYPE-"O" BUFFERYARD 1=01'44'42" R=1974.86' L=60.14' T=30.07' LC=60.14' CB=S 87'34'24" E EXISTING APPROACH- 38' THROAT DEPTH 1/2"IRON ROD FOUND CADDY PROPERTY MANAGEMENT, L.L.C. 708 NETTLETON DRIVE SOUTHLAKE, TX 76092 CONTACT: MAX KRUGLER PREPARED BY: KWIK INDUSTRIES, INC. 4725 NALL ROAD DALLAS, TX 75244 (P) (972) 458-9761 (F) (972) 458-0948 H18O N NORTH SCALE: 1 "=40' 0 210 410 60 910 120 O ZONED - SP-2(APPROVED CONCEPT PLAN -GATEWAY PLAZA) L.U.D. - MIXED USE OWNER - SHIRLEY ANN McCARTY ZONED - SP-2(APPROVED CONCEPT PLAN -GATEWAY PLAZA) L.U.D. - MIXED USE OWNER - CARL AND MADGE SMITH PROPOSED APPROACH GATEWAY PLAZA PROPOSED DECELARATION LANE GATEWAY PLAZA �i L EXISTING ZONING: SP-2 W/C-2 AND LIMITED 1-1 USES L.U.D.: RETAIL COMMERCIAL GROSS ACREAGE: 2.670 ACRES NET ACREAGE: 2.670 ACRES TOTAL FLOOR AREA: LOT 5R-1. 3,000 S.F. LOT 5R-2: 12,641 S.F. NUMBER OF PROPOSED LOTS: 2 LOT 5R: AREA=30,985 S.F. PROPOSED USE: DRY CLEANER LOT 6: AREA=85,320 S.F. PROPOSED USE: RETAIL/OFFICE SPACE NOTE: T.B.R.= TO BE REMOVED ZONED - SP-2(APPROVED CONCEPT PLAN -GATEWAY PLAZA) L.U.D. - MIXED USE OWNER - CARL AND MADGE SMITH ZONED - SP-2(APPROVED CONCEPT PLAN -GATEWAY PLAZA) L.U.D. - MIXED USE OWNER - CECIL YATES mlfl�' _ i-- �J DRY CLEAN SUPER CENTER LOT 5 THOMAS EASTER SURVEY ABSTRACT NO. 474 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 03NOV98 w 8 =a� A ui " o, J° • ° °u3 cm!2 ❑0 A U) Z Q �V� ptL 0 z � • . 0 O? oZ0) o° LZ F Zt t 1n 'a. N r_ N DESIGN DZ DRAWN DZ CHECKED V oL O Z (� W F W OZ W � � v o > g Z O = �- � H- O `n Q � � � Z O V DATE 30OCT945 REVISIONS 21DEC98 REVISIONS I OJAN99 REVISIONS REVISIONS 111=40' ECT NO. 03-9808G RED i A N 2 5199 CD co r 113 Im Q W J 0 m ADJACENT DRIVEWAY T C-637.47 T/C=634.38 �\ T C=637.06 / - T/C 634.01 T/C=634.83 T/C=636.07 / '0 XISTI . SEWER 6 7 15'-m' DRAINAGE EASEMENT T/C=633-. 4 _ ._.._. •-.._.._.._.._.._.. - - - - - - I (�' �- ---8' SC;t�PRIC;K i" IWSONRY DU STER SCREEN F/C=633. 5 - N LINE 1"ION BUILDING I15_0= BUILDI G 5' BUFFERYA- - DUMPST I I T,C.634.80 TYPE S' 15, FF BUFFS Y { 3°' ASPHALT PARKING v 634 P 633 80 \ Q ElEll j 25' P L LIGHT LOT 50 .� - I _000 )EI 24,001.35 SQ.FT. Lou' Ln! P 633 6 T.G. 634.05 W IT/C-632.35 0( o _DTEl, I I o � 4 \ o I * 1 SST❑RY BUILDING 'A' I CV w f O 3 L 3,000 s�.f. cteane-0r 10 \ �� 3' - CONC. �� o z CN N I S cn F.E. 634.00 01 z NEW 2� WATER !T/C=631 . 8--- EX Fi+,AN _ �JI-t�ZCC� I�ATITC� EIRELANE ................ _.._.._.._.._.�9d2537" 21 5.02' e _ .._.. .._.._.._.._.._.._.._.._.i l ' �05TAGKING v ' # I 631 ON ACC T T.G. 631,10 14' I �D�f@ EIRELANE _-_ - �_ IZJA`1' -8'-m' MASONRY DUMPSTER SCREEN LAN R T.C. 63 1 _ M4TCI-I BRICK ON BUILDINGO;If�E I TYPE '5' - 10' 12" 1 UAK --TWIG IIAK 3', BUFFERYAR !i /C-630.�2 /C=629.I98 /C=629. 7 C4 W n T/C=628 55 - INL T /C=628.4611 iTYPE S' - ' 5UFFEi�YAf� EXISTING 2' WATER LINE i i I �/C=627.43� I625.72 ,T/C=627 1 2 =XIS TING SAN. 5� MAIVI40LE " 1 625.73 CL�CK TOW= 3 *I I II D I� PROPOSED RETAIL 2 �25' OLE L IGN� I I_ � I DAK coI 18 - TYP. a I N 0 -1❑AK h �„ [IK I „ 0 PEI Q ❑ A K I PROPOSED RETAIL 2 3 Lu O O Ej,� 2 -a _ z O: w 0 1� J z NI r 1 wI _ Q oWLj f 1 z O: JI 6 I� 12 L07 4 6T917. SQ,FT, 17 .E. 632.00' PROP SED RETAIL 2 io PROPOSED ET S ORY 0 B DING 'A' 10, 6 sF reta l PROPOSED 3,000 S.F. M AIL 1 - - 14' 8'-10 4' CONC. WALK a I -8' I I 1mX5m' LOADING j AREA j 10'-0' MASONRY SCREEN I LEGAL DESCRIPTION 2,00 ACRES VOL. 655% PC, 321 D.R T.C.T. T.J. THOMPSON SURVEY ABSTRACT NO. 1502 REQUEST FOR VARIANCE I. DRIVES TO BE LOCATED LESS THAN 500' FROM THE INTERSECTION AND LESS THAN 200' FROM THE ADJACENT DRIVEWAY. 2. REDUCE STACKING DEPTH FROM 15'-0' TO 50'-0' 3. PROVIDE MANSARD ROOF ON BUILDING 'B'. SITE DATA DATA LOT 3 LOT 4 LOT 5 TOTAL EXISTING ZOINING PROPOSED ZONING LAND USE DISIGNATION AG AG AG - C-2 C-2 _ OFFICE / comm. OFFICE / COmm. GROSS ACREAGE NET ACREAGE NO. OF PROPOSED LOTS OF SITE COVERAGE AREA OF OPEN SPACE .065 138 .55 - 2.0 .042 1.10 .45 159 3 1 1 1 - - 13% 21,000 115% 45012 96 OF OPEN SPACE - 81% 81% AREA OUTSIDE STORAGE - 0 0 OUTSIDE STORAGE START CONSTRUCTION FINISH CONSTRUCTION - - - - 2/15ncJ 6/15/99 - 6/15/99 12/15/59 PROPOSED BLD'G. AREA NUMBER OF STORIES - 3000 t 1 11,145 14,145 - I MAX. BLD'G_ HEIGHT PROPOSED FLOOR AREA 14,145 3000 11,145 FLOOR AREA BY USE - 3000 LEANS RETAIL _ 61 64 3 61 REQUIRED PARKING PROVIDED PARKING STANDARD HANDICAP TOTAL - _ - - 15 15 1 16 52 49 2 51 - REQUIRED LOADING SP. - 0 1 1 PROV. LOADING SP. - 0 13% 1 11% 1 IMPERVIOUS COVERAGE - - -- - -- - - -- --- 6295 I I T. C4 ❑AK- EIRELANE 1 V I� TT'PE 'A' - 5N 5d20'58"W I \ BUFFERYARD 45.67 6�� A5f=HALT PARKIN 1_S8 13_1�=. TWIN 2„ AK _ 6� _ . �.�.:- -�� - -- --_ - _.._.._.._ _.._.._.._.._ .73 01 r` 4 0" AK 5 ILI w 0: O I �'- " �18" ❑(a� 30'-0' BUI_LDI_N�LINE ` -- - - -- Anh FL AN Oo;- m SCA '-0"I KJz -Ln CID 120 / 0100 I TYPE 'E' _1 10, I - - - - e -- -- - NORTH j L V 1 6 ��cv - --_-_�-14 " A� - - - - ! -B F ERY D- U REMOVE EXIST. FE CE .._.._.._..- F 5.59 N A o• -T W 0" ❑AK ;RS:TE1T. �.. K. z� _ 8 •,DAK : - - /•1 •-dA N88d05'S9"E 168.00' I I 55.00' � � CENTER LINE OF 14' K DEDICATED FOR NEW'- R.O.W. I j NEXT DRIVE WAY 71 1 ** 24" DAK ---16' 0 K _•� I U 143-� - .._.._.. - 2 _ _ _ - .._.._.._.._.._.._.._.._ .► .._..�...._.._.._.._ S88d13'09"W 0' e 4.33 15.11'C EED CALL) _ T C=627.08 zz E A=626.8 E/A=627.8 �- E/A=628.6 18" RCP & SLOPE PIPE CONTI 'E/A=629.3 � E>29.7 RD. 3099) CASE NO, ZA 98-136-139 CASE NO, ZA 98-137-139 CASE NO, ZA 98-139-139 0 gRcy 4 � � �> 4rF 52 V Q� of a fw D O+ cz U�� O � W Oa cyQ Wcr N 0 O Z � Z Z W N F-- M Z 0 0 Z I (1)g U 0. a O Z W N I 0cr Q i- w 0 Y gZ a. 0 W O _I 0 m J00 m J °f ao Z 0 W Z Z W 0 ui Y m W J FW- � 2V) V)Q 0 w W � lL � U 41 o w v �N •3 m o� 0 v+' 'o, t 0 0 04- t� U 0 C S 0 �c: 0 me J Z O Q U V) Z W > 0 SHEET A01 0 oc a W J 0 m TYPE V 15' BLIFFE10YARD 12" 1 OAK NLET TYPE 'S' - I1$' BUFFERY41;0b I , f 72 ' .. -$' - ' MWSONRY FENCE 15-0- BUILDING LINE 5' BUFFERI`A — ;— --r - -��--- — — — . - DUMPST� I w � I � 2EIEI D1 I LOT 5 24,001.35 SOFT, O - - Ld O / I IO O CN O 0 O - / O 3 CONC. 5 5 0 O I I 1 STORY BUILDING 'B' 3,000 s,f, cleaners N89d25'37" 215.02' NG STACKI I iT�JI 12" CAK 10 z ` QI 6 E- " OAK �' - 30" PEC - ►" OAK OAKI N O I _ ��JJ 2 0 _ 0D W 16 I / W 11 STORY IOT B LDING 'A' \ 11,1 5 sf recall 6 217.09 SOF ® E I , I I I BUFFERYARD CHART LOT- BUFFERYRDS WIDTH/TYPE 5 CANOPY TREES ACCENT TREES SHRUBS FENCE HEIGHT/MTR'L. LOCATION REQUIRED LENGTH PROVIDED NORTH REQUIRED 215' 5' / A 2 4 11 S' / BRICK -- PROVIDED 215' 5' / A 2 4 11 S' / BRICK EAST REQUIRED 106, — 10' / B - -- 2 3 11 106' 10' / B 2 3 II PROVIDED SOUTH REQUIRED - 142' 5' / A — -- 2 3 12 PROVIDED 114' 5' / A 2 3 Il REQUIRED WEST 100' a 15' / S - 4 - 4 12 PROVIDED 100' a 15' / 5 4 4 12 ENTRY DRIVE WAS DEDUCTED FROM THE TOTAL LENGTH OF THE WEST BUFFERYARD NOTES: 1. SHRUBS OBTAINING A MATURE HEIGHT OF 3' SHALL BE PLANTED AT 30' O.C. ALONG PAVING BETWEEN THE BUILDING SETBACK AND THE R.O.W. 2. MIN. 50% OF ALL CANOPY TREES SHALL BE 2' IN CALIPER AND 50% SHALL BE 4'. — - INTERIOR LANDSCAPE LOT 5 ------ T LANDSCAPE PERCENT; CANOPY ACCENT RUBS GROUND CVR. 044 AREA TREES TREES , (50. FT.) REQUIRED 1,350 15`t4 2 5 23 135 PROVIDED 2,432 - 2 5 23 135 1096 CREDIT. WAS PROVIDED FOR MAINTAINING THE R.OW. NOTES: 1. SHRUBS OBTAINING A MATURE HEIGHT OF 3' SHALL BE PLANTED AT 30 O.C. AL 2. MIN. 50% OF ALL CANOPY TREES SHALL BE 2' IN CALIPER AND 509. SHALL BE 4'. OFFICE/ IERCIAL 5' WALK PAVING BUFFERYARD CHART LOT 4 REQUIRED BUFFERYRDS CANOPY ACCENT 1 FENCE LOCATION ---- ----- LENGTH SHRUBS PROVIDED WIDTH/TYPE TREES TREES HEIGHT/MTR'L. NORTH REQUIRED Ibgo, 5' / A 2 4 14 PROVIDED 103' 5' / A 1 2 4 14 REQUIRED 230' 10' / B 5 1 24 EAST PROVIDED 230' 10' / B 5 1 24 REQUIRED 145 10' / E 2 4 12 SOUTH PROVIDED 145 10' / E 2 4 12 SOUTHWEST REQUIRED -1-3, 5' / A 1 2 1 - - -- -- PROVIDED 13'-- 5' / A -- 1----- 2 1-- -- REQUIRED 205'a 15' / S 9 S 25 WEST --- - -- -- -- ---- PROVIDED 205'a 15' / 3 S S 25 ENTRY DRIVE WAS DEDUCTED FROM THE TOTAL LENGTH OF THE WEST BUFFERYARD NOTES: - 1. SHRUBS OBTAINING A MATURE HEIGHT OF 3' SHALL BE PLANTED AT 30' O.C. ALONG PAVING BETWEEN THE BUILDING SETBACK AND THE R.O.W. 2. MIN. 509. OF ALL CANOPY TREES SHALL BE 2' IN CALIPER AND 5096 SHALL BE 4'. INTERIOR LANDSCAPE LOT 4 LANDSCAPE CANOPY ACCENT GROUND CVR. - LOADING AREA TREES TREES SHRUBS (SQ. FT.) 1 REQUIRED - 5,01525 S 11 84 502 PROVIDED 5,100 S I6 80411 1090 CREDIT WAS PROVIDED FOR MAINTAINING THE R.U.W. � tWIN " ❑AI�•• 4 30" AK-� � 5 10I� OAK<'� ��.. .TWIN TO'�❑AK� � I� � z�39.44:v.tc ❑AK,1 IeV 0 16" ❑AK- � /C 63 41 8 6 ��j -•- ---------- 14 A %MOVE EXIST.FENCE a— �+ f rl8" OAK '�TW 0„ ❑AK�I �� FL �N K � TYPE 'E' - Im' 1 J " CENTER LINE OF � J 14' K BUFFERYARD � SCALES 1" = 20-0 NEXT Df21vE WA 24" OAK � --16' ter l _ i NORTH 15.11'<DEED CALL) S88d13'09'���fl0/ CONTINENTAL BOULEVARD (COUNTY RD. 3099) CASE NO, ZA 98-136-139 CASE NO, ZA 98-137-139 CASE NO, ZA 98-139-139 gRCy ���ED LLai 0 qTF o f w .P-I CIO UVV z 0 H � W C Q W N 0 Lo Z (QQ� O � N Z X 11,11_ g Z 0 0 0- v a a t- Z U 0 9 N m 0: cn I U ~ Y W Z 0 = a Q � W ( 0 J a 0 ;m J m J � � m J z 0 W z z W 0 Y m J H 0 o 0 Q _ l� 4 U LJ o v 3.� m v C y •pit fn O V) c 0 L C U O c � a� c C* 0 O O 00 mc: Lij J o Q 0 z w >o SHEET A02 R[CD ,BAN J 1299 F'AII AG( 5OL FIEL AGC :1 STANDING SEAM METAL ROOF QT A►1f11►Ir_ QC AAA 12 —J w NOTE: STANDING SEAM METAL ROOF SHALL BE FACTORY APPLIED MATT FINISH. CASE NO. ZA 98-136-139 ���EO ARcy 522A4t�V r �FOF•\ Z CL z O W ~ w o � o Q 0 W N O c� 0 o N z �. M z 0 U I U a adp H Z N = ~ �_ I U H U- to Y g g H z a o w H � � O J w z J U m m o J 00 J a) m J O O W Z Z Z W Y >N_ p -� Q W W = Q v U O (� C O •3 m v o v � c y 5,t •` U) 00 c t o '-' c _C U O •C L U N C C •- O � C - O v o m c w� J Q O U N i >p SHEET CT A),lr"0AV_ CG AM STANDING SEAM METAL ROOF - - __ IC - METAL BRACKETS CLOCK - - MA50NRY TRIM — r in <v Q W MASONRY COLUMN TYR. BRICK MASONRY BRICK PAVEMENT 14 CLOCK TOWER DETAIL SCALE: 1 /8"=1'-O" Z WEST ELEVATION RETAIL CENTER SCALE: 1/8"=1'- 0" a� v NOTE: STANDING SEAM METAL ROOF SHALL BE FACTORY APPLIED MATT FINISH. ��QED ARcy Z LL O 'i V I Q W 0 cy Q W Q Z Z Lc)O Z Q N Z W H MO O W N U U a Z af �3 p W N �- Z Ld • � U cr- WO Y _J Z _ Z F- tTj a Q O W H � O J o m m 00 J J m Z 0 W z Z N Y m W w f- V) 3 Q 5 U W 0 J 11 � LLI w U `~ W I U 3.� m v � v va c v O C t O + t C O U •� t � C C '- O C .90 L.., v O m C W J O U ty z > 0 CASE N0, ZA 98-137-139 flEQD SHEET DUMPSTER SCREEN ARC VA ck: -i 4TF 522� OF Q� cz � O+�n j .....�, a-- �� (� cz.--4 cd � 73 O ~ V~i W 0 � o Q d W 0 Z � O z z o Q NZQ M O U W � U a z of �o � w N H Z � LLJ • U _ O Y J L g Q gz H j a � o � W H � O J 0 m J m J 0) m J O Z p W z 3 p v m 0 LLJ J Q L.1 >N> W 2 N W Q p w — — O U (!I (7), C O 3.2, ov v o v � C y } m •�L (n O U) C L O +' -CC U O C L O C C '— O O N C — O O O m C W J Z O Q C) z W > O SHEET A05 J c: \dwgs\5230\dentist C. 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Al I&I Z ;a =: O <;o C.) -� D y tv :� ` Z I �DH Q d =Z9 .. p `a Z ��D v 0.C3 bd y� ►-i p Z7C Z 7i a�< Z f*i CH LNG B-B qc or' mC m v MATCH LNG A -A In c� m co m OCR _z m 9 Run w a 9 St1 �pv [ t , 1 m le 0 0 0 0 0 0 0 GATEWAY PLAZA SOUTHLAKE, TEXAS A DEVELOPMENT OF: LINCOLN PROPERTY COMPANY 0 0 0 0 El 13 11 am 0 N s C/] sa o� o a _d M b r ze 41' -0' C 1s a 4'- C t F t t IN Y M M I. 0 0 0 0 0 CJ 0 Cil O V j cn iV .2 9; Z-00 .eg� yyL *3 E �i En L r• O oo ► cn CIO 0 C." � M x y o 0 0 0 0 0 0 0 I-1 LEGEND - EXISTING PERVIOUS AREAS _ BUFFERYARD PROPOSED PERVIOUS AREAS TOTAL PERVIOUS AREA: 14,318 S.F. (5.20%) INTERIOR LANDSCAPE � TOTAL PERVIOUS AREA: 41,194 S.F. (12.30%) no'u .1 A N 2 TOTAL INTERIOR LANDSCAPE AREA: 4,583 S.F. (1.66%) TOTAL INTERIOR LANDSCAPE AREA: 27,602 S.F. (8.24%)