Loading...
1994-06-07 CC Packet City of Southlake,Texas MEMORANDUM June 3, 1994 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting June 7, 1994 1. Agenda Item No. 5A. Excusing the absences of Councilmember Stephen Apple from Council meetings June 21 and July 5. City Charter provides that a councilmember shall forfeit his office if he fails to attend two consecutive regular meetings without being excused by the Council. Councilmember Apple has indicated he will be out of town during these dates. 2. Agenda Item No. 5B. Award of bid for North Carroll Avenue Roadway pavement and appurtenant project, from S.H. 114 to Dove Creek. Staff recommends the low bid of $180,307.90 by Sunmount Corporation be accepted and the bid awarded. Pavement construction is not anticipated to begin until next month. Construction of drainage improvements is expected to begin next week. 3. Agenda Item No. 5C. Abandonment of R.O.W. on Peytonville Ave. Terry Wilkinson, developer of Monticello, has organized the owners adjacent to the R.O.W. and they are requesting abandonment. This R.O.W. was previously dedicated with the plat of Continental Park Estates. It currently has no use and the City would be better served to transfer ownership to the adjacent property owners and allow them to maintain the property. Upon approval of the resolution, staff will prepare quit claim deeds for transfer of ownership. t Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 2 Mr. Wilkinson has prepared the documents requesting transfer of ownership to the Monticello property owners. The City Council could abandon the R.O.W. such that property owners on either side of the center line of the easement could receive the property. City Council could abandon the R.O.W. such that it could go to the owners of the property in C.P.E.; the original dedication of the R.O.W. came from the C.P.E. subdivision. The attorneys will address this issue with City Council in work session. 4. Agenda Item No. 6A. Presentation of "A Century in the Works," from Freese & Nichols. This year Freese and Nichols is celebrating 100 years of engineering, environmental science and architectural service to the area. As part of their celebration, they published a book titled A Century in the Works and would like to present the book to the City Council. The book describes urbanization of Texas and will make a meaningful addition to the City's library. Freese and Nichols helped to develop our water/wastewater computer rate model that is used to establish our utility rates and impact fees. FYI, note the attached article from the Tarrant Business section of the Star-Telegram referencing the book. 5. Agenda Item No. 7A. Developer Agreement for Commerce Business Park, Lots 3, 4, 5, 6, 7, 8, 9, 10 and 11, Block B and Lots 1, 4, 5 and 6, Block C. Note the language of the opening paragraph of the agreement, and paragraph I(A), concerning Market Loop and the issuance of building permits. The developer agrees that no permits will be issued in the area around Market Loop until the street is constructed. 6. Agenda Item No. 7B. 2nd Reading, Ordinance No. 480-119 (ZA 94-30), "S-P-1" Detailed Site Plan District zoning request and Site Plan for a 6.6556 acre tract of land, Lots 2 3 7 and 8 Block C. Commerce Business Park. Located at 572 Commerce Street. Note that the applicant has met all requirements of the staff reviews. The only issue is the approval of the developer's agreement addressing the construction of Market Loop. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 3 7. Aizenda Item No. 7C. 1st Public Hearing regarding annexation of 0.361 acres located on West Dove Road (Westlake area). As noted in Sandra LeGrand's memo (1) Scott Bradley, Mayor of Westlake, has responded in writing supporting the annexation and (2) Mr. Thurman Head, the property owner, has received notification of the public hearing. The 2nd Public Hearing will be at a Special City Council meeting Thursday, June 9, 1994. Note the annexation schedule in your packet. 8. Agenda Item No. 7D. Public Hearing_regarding the proposed water rate increase for the H2M Water System (Lakewood Ridge/Indian Creek). The City has exclusive original jurisdiction over all water and sewer utility rates, operation, and services provided by a water and sewer utility operation within our corporate limits. The state water commission has exclusive appellate jurisdiction. This is provided for in Section 13.042 of the Texas Water Code. In considering the rate increase, the City Council must follow the provisions of the Water Code as set out in Sections 13.083, 13.084, 13.085, and 13.181-13.187 (copy attached hereto). Section 13.002 of the Water Code defines the regulatory authority referred to in the statute as either the Commission or the governing body of a municipality, in accordance to the context in which it is found. Should City Council want to carefully scrutinize the requested rate increase, staff does not have the time nor necessarily the expertise to make a recommendation to City Council. Section 13.083 requires the City to "...retain any personnel necessary to make the determination of reasonable rates." Section 13.084 requires the utility to reimburse the governing body for the reasonable costs of the services. Also, we can request assistance of the Commission. It is my recommendation that we seek outside assistance. 9. Aizenda Item No. 8A. 1st Reading, Ordinance No. 610, creating a Youth Advisory Commission and rules of operation. The ordinance has been proposed by Municipal Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 4 Court Judge Brad Bradley. The need for a youth advisory commission has been discussed by numerous groups within the City. As pointed out by Assistant City Manager Shana Rice in her packet memo, the S.Y.A.C. would provide a means to get more students involved in the City of Southlake. I can envision a number of areas where youth involvement would provide valuable assistance to the community. 10. Agenda Item No. 8B. 1st Reading, Ordinance No. 480-123 (ZA 94-21). "CS" Community Service District zoning request from Southwestern Bell Mobile Systems, Inc., for a 2.7 acre tract of land located in the 3700 Block of T.W. King Rd. Southwestern Bell is looking for a site for their Mobile System network. Mr. Oien has (taw expressed a willingness to sell them a site. The L.U.P. for the proposed site is medium density residential. Landowners in the area are opposed due to the long term intent for residential development in the area. The P&Z Commission recommended denial. Note that a super majority will be required for Council to approve this request. I spoke to Peter Kavanagh, Agent for Southwestern Bell Mobile Systems, this afternoon. He indicated he was in the process of calling Councilmembers to talk about their request. They apparently need a site in the area in order to serve S.H. 114. FYI, they first approached Trophy Club for space on their water tower across the road but their request was denied. 11. Agenda Item No. 8C. ZA 94-37, Concept Plan for Highland Meadow Montessori Academy. Note that the applicant has requested a variance to the masonry ordinance which requires eighty percent (80%) of all exterior walls be constructed of masonry or glass product. To staff, the main issue with the Concept Plan is the number of drives accessing onto Highland. Staff is concerned that the four drives they propose will create hazardous Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 5 turning movements on Highland, especially when the commercial property south of Highland develops. Staff recommends eliminating the two inner drives and limiting the site to two access points. The applicant wishes to separate the pickup of different age groups and feels this will be safe. Staff feels it would be safer for all site related traffic to be on-site rather than try to negotiate coming on and off of Highland. This is an example of our need to establish a mechanism for controlling curb cuts for public health, safety and welfare. 12. Agenda Item No. 8D. ZA 94-38, Plat Revision of Lot 3, Block 1, Chivers Park Addition, Highland Meadow Montessori Academy. There are no significant issues outstanding on the plat. Staff will ensure that the R.O.W. dedication matches the dedications on the previous plat to the south. (tow, 13. Agenda Item No. 8E. 1st Reading, Ordinance No. 480-124, (ZA 94-39). "SF-lA" Single Residential rezoning request for a 13.729 acre tract of land located at the intersection of Lilac Lane and Pine Drive, being a portion of Lot 2, White Chapel Place Addition. The applicant is requesting a change from "RE" to "SF-lA" which complies with the L.U.P. designation of low density. The owners to the east (Rudducks) are concerned about the adjacency of the road and drainage across their property. The engineering staff has visited the site and is aware of the problem. Currently, drainage crosses the Rudduck's property and the review of the final construction plans will include a close scrutiny of the proposed drainage solutions. The other issue is sanitary sewer service. There is a sewer stub out of Timarron approximately 500 feet east of the southeast corner of this tract. Our ordinances currently do not require connection to the public sewer when it is more than 100' away. We are concerned about the use of septic fields and have made the applicant aware that the lot sizes may need to increase based on review of the percolation tests. However, even if the property passes the perc tests we would be concerned due to the drainage problems in the area. A greater question to be answered is: do we want to encourage Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 6 subdivision of land that will be served by on-site sewage disposal systems (i.e., septic systems) in the Bear Creek drainage basin where municipal sewer service is available? 14. Agenda Item No. 8F. ZA 94-40, Plat Revision of 13.729 acres, revised Lots 2R-1, 2R- 2, 2R-3, 2R-4, 2R-5, & 2R-6, Block A, White Chapel Place Addition. Again, note the special issue of the sewer service. The one acre lots may be too small. 15. Agenda Item No. 8G. lst Reading, Ordinance No. 480-126, (ZA 94-46). City initiated rezonings, Group#1, 160 acres. This is the first of several such rezonings that staff will be bringing forward over the next several months. Several of the affected landowners are opposed to this rezoning for differing reasons. The two largest owners, Billie Farrar and the Ragans, are only opposed to the residential zoning if the water tower is located on the Ragan property. (The engineering staff is still pursuing other sites and will provide more information at the executive session.) Other owners are opposed because they feel their investment has more value with a nonresidential zoning. The P&Z commission recommended "AG" zoning (3-2-1 vote) so that any applicants would have to make a case for any requested zoning. A super majority vote will be required for Council to approve the SF-20 zoning. 16. Agenda Item No. 8H. lst Reading, Ordinance No. 605, revisions to the Drainage Ordinance. The significant revisions to the drainage ordinance are outlined in the memo from Ron Harper, City Engineer. Staff will go through the ordinance and discuss the ................. changes noted in the eeu and red format. 17. Agenda Items No. 8I and 8J. lst Reading Ordinance No. 609 or Resolution No. 94-25, re ag rding Lone Star Gas rate increase request. According to Lone Star, the new rates will result in an estimated annual revenue increase for Southlake of $1,952, with the average residential customer's monthly bill increasing by $0.67 per month. Lone Star's last rate increase in Southlake occurred in February, 1989. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 7 The Council's options for taking action on this item include: 1) Approve or deny by ordinance -- denying will give Lone Star Gas the right to appeal the issue to the State regulatory commission. 2) Suspension by resolution-- Council can suspend taking action on the item for 90 days to further study the issue. 3) Defer to the State regulatory commission by resolution. Given the lack of impact on the Southlake rate payers, City Council could appropriately approve or deny (denial would put the issue before the Commission); it seems inappropriate to suspend the rates for further study in this instance. 18. Agenda Item No. 9A. Resolution No. 94-09a, Appointment to S.P.I.N. #4 and setting terms for members of Standing Committee. You will recall that the City Council appointed all of the members of the SPIN Standing Committee at the May 17, 1994 meeting. The appointment for Neighborhood #4 was not made at that time. Staff has been working with the residents of Neighborhood#4 to identify a potential representative and make a recommendation to the City Council. We should have a name for your consideration by Tuesday evening. As noted in the memo from Shana Rice, Council will also set the initial staggered terms for Standing Committee members. 19. Agenda Item No. 10A. Letter Agreement for issuance of building_permit on a lot with an existing home for Bobby Harrell located in the Airpark Addition. The memo from Karen Gandy, Zoning Administrator, succinctly covers the issue involving Mr. Harrell's request. We are working on Letter Agreement that will be available Tuesday night. Should City Council want staff to prepare an amendment to the ordinance to enable the City to address these issues as suggested by Karen, please direct the staff before we move on from this item. 20. Agenda Item No. 10B. Construction Site for F.M. 1709, Phase II Construction. Concerning the request as outlined in the memo from Karen Gandy, Zoning Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 8 Administrator, the precedent established when the job site was selected for the first phase (the "Southlake" project) revolved around location; it was considered a most appropriate site because it was in the middle of the project, and it was not situated near a residential area. The argument can be made that the proposed location requested at this time is on the far eastern edge of the "Keller" project. The more appropriate site might be some where in the middle of the project. OTHER ITEMS OF INTEREST 21. Change in garbage/recycling collection. Laidlaw Waste Systems has notified us that they are planning to add an additional route and modify the schedule for Southlake's garbage and recycling collection. Effective Tuesday, June 28, 1994 all garbage collection will occur on Tuesday and Friday. Recycling will be scheduled on Tuesday for those residents living west of White Chapel, and on Friday for those residents living east of White Chapel. Laidlaw will be sending out notices and publishing ads in the local papers to inform citizens of the changes. Additionally, we will put information in our next City newsletter reminding citizens of the change. Our next newsletter will be early July. Laidlaw has also informed us that a rate increase is being considered. Laidlaw representatives believe that the rising cost of waste disposal, due to stringent federal regulations, will force them to raise rates for Southlake. More information will be provided to you as it becomes available. 22. Bicentennial Park Construction Update- Staff has been working with the park consultant, J.T. Dunkin and Associates, to determine construction specifics for the expansion of Bicentennial Park. Proposed plans, including floorplans and elevations for the concession stand/restroom/storage facility, will be taken to the Park Board on June 13, 1994. Councilmembers wishing to hear the architect's presentation are welcome to attend the Park Board meeting, which will begin at 7:30 p.m. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 9 23. SPIN Update. The organizational meetings for the SPIN Standing Committee have been scheduled for 7:00 p.m. June 15 and 20, 1994. We will be holding two meetings to accommodate the summer schedules of Standing Committee members. This meeting will be structured to discuss the committee's procedures, Standing Committee/City expectations, and provide a forum for the exchange of ideas between the committee members. It will not be an issue-oriented meeting. Our objective is to build the framework to set the program in motion. 24. Southlake Community Dispute Resolution Center Continued - You may remember from last meeting's memo that Judge Bradley has offered his expertise in dispute mediation to help resolve conflicts which may arise from time to time in the community. This service is offered to the Southlake community at no charge. You will recall that he had offered his services to two residents involved in a dispute over water draining from one lot to another. I am pleased to report that he and Bill Lowe were successful in their efforts with the residents, who have each signed an agreement outlining the specifics of the resolution. 25. Residents of Woodland Heights, as you may know by now, have expressed concern over an office building which is proposed for Lot 25 of the subdivision. The concern stems from the owner's decision to have an office building which will have a flat roof(instead of a pitched or other roof with a residential flair). The residents believe that the location of the lot, coupled with the architectural plans for the building, are not generally compatible with the residential development. This is a difficult issue for the City because our ability to address the residents' concerns is limited. The site is already zoned 0-1. The property owner is interested in constructing a building with a use that meets the requirements of the zoning ordinance. He has applied, and will apparently meet the conditions for a building permit. City staff have spent a considerable amount of time answering questions and attempting to work with the parties involved to achieve a fair resolution to the problem while the property Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 10 owner's building permit application makes its way through our review process. Residents of Woodland Heights have requested that we hold off on issuing the building permit until they have an opportunity to discuss this issue with the property owner, which they will do Saturday morning. I have conferred with the attorneys about the legality of delaying the issuance of the permit and we are in agreement that the City must process the permit, provided the property owner meets all code requirements. (As of this writing, the permit has not yet been issued.) Allen Taylor and I had a meeting with the property owners for late this afternoon, primarily to discuss the City's position and limitations with this issue, and to answer questions. Neither developer nor homeowners are satisfied with staff actions. Southlake's eminent commercial growth -- particularly the growth occurring adjacent to residential developments -- will undoubtedly mean that we will be dealing with these types of issues on an ongoing basis. This is not a unique situation. It is not quite analogous to the Timarron/Monticello/E-System scenario at White Chapel and Continental in that the zoning is in place in the issue at hand. Although each case that comes up will have its own set of circumstances, the action we take with this case is extremely important. Staff's guidance on issues of this nature will be to work to the greatest extent possible to accommodate the wishes of the neighborhoods, doing what we can within the limits of the law. City Council should take care to act in ways which will not jeopardize its legislative immunity, and staff must take care to not use the weight of the government to deprive a citizen of protected rights. Given the volatile nature of the issue, Allen and I will discuss this issue with you during Executive Session. 26, Continental Park Estates Water Samples--The torrential rains we experienced last month prompted two or three phone calls from residents concerned about drainage problems. One of the residents voiced a specific complaint regarding the C.P.E. lake located adjacent to her property. She was concerned that effluent from septic systems was Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 3, 1994 Page 11 contaminating the small lake. Public Works staff took samples from the lake and have had it tested. Test results indicate the water quality of the samples is normal for runoff storm water from pastures and neighboring subdivisions. 27. FYI, the issue of the entrance to Trophy Club off of T.W. King has been resurrected by Trophy Club. Note the attached memo from Bob Whitehead, DPW, concerning this issue. I am not sure how many of you were on Council when the issue of "Fickes Blvd." came up previously, however, you may have read about it in the newspapers. This issue is emotional in Trophy Club. I am not sure whether or not it is in our best interest to have the connection to Trophy Club. We will schedule this for a future agenda. I wanted you to be aware of the request should you be called by a resident or Councilmember from Trophy Club. 28. Reminder: The Council Retreat has been rescheduled for June 23 &24, and will be held at the Solana Education Center. More information will be coming to you soon. 29. Reminder: A Special City Council Meeting has been scheduled for Thursday, June 9, 1994 at 6:30 p.m. to hold a second public hearing for the annexation of 0.361 acres of land located in the C.M. Throop Survey, Abstract No. 1510, Tract 7A. The Council will also consider a resolution to authorize the City Attorney to prepare the ordinance for the annexation. The Council will conduct interviews for appointments to Boards and Commissions following the meeting. RESOLUTION NO. A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF LONE STAR GAS COMPANY IN THE CITY OF SOUTHLARE, TEXAS; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC! AS REQUIRED BY LAW. WHE , , Lone Star Gas Company filed with the City Council of the City of Southlake its Application and Statement of Intent, together with its rate filing package, proposing to change its rate schedules and service regulations within the corporate limits of the City of Southlake, effective with bills rendered thirty (30) days following approval or immediately. WHEREAS, in order to allow sufficient time for the consideration of the voluminous data filed by said Company, it is the desire of the City Council to suspend, pursuant to Section 43 (d) of the c Utility Regulatory Act, the proposed effective date of said proposed changed rate schedules and service regulations for a period of 90 days from June 7, 1994, such suspension being in the public interest. NOW, THEREFORE, be it resolved by the City Council of the City of Southlake, Texas: I. The effective date of the proposed changed rate schedules and service regulations of Lone Star Gas Company is hereby suspended for a period of 90 days from June 7, 1994. II. The rate schedules and service regulations of Lone Star Gas Company within the City of Southlake in effect on June 7, 1994, shall continue in force during the period of suspension as provided in Section I hereof. III. The City Secretary is hereby directed to deliver a copy of this Resolution to Lone Star Gas Company promptly after the passage hereof. IV. It is hereby officially found and determined that the meeting at which this Resolution is passed was open to the public and that public notice of the time, place and purpose of said meeting was (W given, all as required by law. V. This Resolution shall be effective upon passage. PASSED and APPROVED this day of 1994 . Mayor, City of Southlake ATTEST: City Secretary -2- APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\md\sl-gasresol -3- 04-27-94 04.34PM FROM FREESE & NICHOLS TO 94886796 P002/002 -- - - ----- _—. _- A G E N T U R Y O F 5 E R V I C 1 $ 9 4 '- 1 9 9 4 (W FREESE-Ai1CNOLS April 27, 1994 Ms, Sandra L Legrand Casty Secretary City of Southlake 667 N. (:stroll Ave. Southlake, TX 76092 Dear Ms. Legrand: This letter is to request that Freese and Nichols be permitted to appear during the Public Form at the June 7th City Council Meeting for the purpose of presenting a copy of the book 9 C u�Ci in 1ho World, Freese and Nichols Consulting Engineers, 1894-1994, by Simon (W W. Freese, P.E. and Deborah Lightfoot Sizemore. - The presentation will not last mare than five minutes. Yours-very truly, FREESE AND NICHOLS, INC. T. Anthony Reid, - Senior:Vice President 0FP94j30\-P.1LE1Ll3GRAxn TAR Freese anrt Nichols,Ino. Engineers r=rmronmental Scientists Architcem 4055 Intemationel Plaza Suite 200 Fort Worth,Texas 76109-4895 817-735-7300 Metro 817-429.19W Fax 817-735-7491 04-27-94 04:34PM FROM FREESE & NICHOLS TO 94886796 P001/002 Simon W.Freest,P.F. 19OD-IM - Marvin G N'wboK PM 1896-1969 FR�E:S�•NtCHOt.'S FAX TRANSMITTAL SHEET TO: FAX NO.: 91'7 DATE: �� FROM: TOTAL NUMBER OF PAGES INCLUDING TRANSMI-TTAL SKEET: CHARGE: If there is a problem receiving any of the pages please call our office at (817) 736-7300, and ask for Michelle Patton at extension 7310. COMAENTS: TELE/NONEr i17-7lS-7]O6 • 056 IlTIMATI0NAL PLAZA. SUITE 2" • Am Man. TCM 76109-4US • Nr=' 917-429-1946 FAX. 827-719-7491 ORDINANCE NO. AN ORDINANCE APPROVING A PROPOSED CHANGE TO THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS WITHIN THE CITY OF SOUTHLARE, TEXAS PROVIDED THAT THE SAME IS APPROVED BY THE TEXAS PUBLIC UTILITY COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, on May 11, 1994, Lone Star Gas Company filed with the City of Southlake proposed changes to the general service rate to be charged for sales of natural gas to residential and commercial customers within the City of Southlake. WHEREAS, on May 11, 1994, Lone Star Gas Company filed the same proposal with the Texas Public Utility Commission. WHEREAS, the City of Southlake has original jurisdiction over rates charged for natural gas service within its municipal boundaries pursuant to Texas Utility Regulatory Act article 1446 (e) , §17 (a) . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 The said proposed changes to the general service rate to be charged for sales of natural gas to residential and commercial customers is hereby approved for application within the corporate limits of the municipality of Southlake, but only to the extent that the same is approved by the Texas Utility Commission pursuant -1- to the filing made before it by Lone Star Gas Company on May 11, 1994, such changes to be so applicable until changed, modified, amended or withdrawn with the approval of the City of Southlake. SECTION 2. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of gas utility services providing service within the City of Southlake. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of 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. -2- i SECTION 5. I This ordinance shall be in full force and effect from and 1 after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199_. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_ MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED• EFFECTIVE: f:\fi1es\md\s1-ord.water -3- ORDINANCE NO. AN ORDINANCE DENYING PROPOSED CHANGES IN RATES AND SERVICE REGULATIONS FOR LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION AND PROVIDING AN EFFECTIVE DATE THEREFORE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILTTY CLAUSE; 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, in accordance with Section 17(a) of the Public Utility Regulatory Act (Article 1446c, Vernon's Annotated Civil Statutes), and its City Charter, the City of Southlake currently exercises exclusive original jurisdiction over electric utility rates, operations, and services; and WHEREAS, on May 11, 1994, Lone Star Gas Company filed a Statement of Intent to Change Residential and Commercial Rates with the City of Southlake, Texas; and WHEREAS, the City Council of the City of Southlake has reviewed the rate request filed with the City and finds that said rate increase is not appropriate at this time; and WHEREAS, the City Council of the City of Southlake, after having thoroughly considered the matter, is of the opinion that the best interest of the City and the citizens will be served by the denial of the proposed rate changes and service regulation changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: f:\files\muni\slake\ordinanc\gasrate.001(06-07-94) V SECTION 1. The City of Southlake hereby denies implementation of the above referenced change in Residential and Commercial rates and determines that the current rates charged by Lone Star Gas Company shall remain in effect. Said rates shall be effective until same may be changed, modified, amended, or withdrawn by the approval of the City Council of the City of Southlake. SECTION 2. Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City Council of the City of Southlake, under state law or City Charter, to regulate the rates, operations, and services of Lone Star Gas Company. SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was upon to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. f:\files\muni\slake\ordinanc\gasrate.001 (06-07-94) 2 SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY f:\files\muni\slake\ordinanc\gasrate.001 (0"7-94) 3 v PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\muni\slake\ordinanc\gasrate.001(0"7-94) 4 t ORDINANCE NO. ,, AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF SOUTHHTAKE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE; PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; PROVIDING FOR A MAIN LINE EXTENSION RATE; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT THE AUTHORITY OF THE CITY OF SOUTHLAKE TO REGULATE UTILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, in accordance with Section 17(a) of the Public Utility Regulatory Act (Article 1446c, Vernon's Annotated Civil Statutes), and its City Charter, the City of Southlake currently exercises exclusive original jurisdiction over electric utility rates, operations, and services; and WHEREAS, on May 11, 1994, Lone Star Gas Company, A Division of ENSERCH Corporation filed a Statement of Intent to Change Residential and Commercial Rates with the City of Southlake, Texas; and WHEREAS, the City Council of the City of Southlake has reviewed the rate request filed with the City and finds that said rates increase is reasonable; and WHEREAS, the City Council of the City of Southlake, after having thoroughly considered the matter, is of the opinion that the best interest of the City and the citizens f:\files\muni\slake\ordinanc\gasrate.002(06-07-94) will be served by the approval of the proposed rate changes and service regulation changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Subject to the following provisos and the various provisions set forth in this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of Southlake, Texas by Lone Star Gas Company, a division of ENSERCH Corporation, a Texas corporation, its successors and assigns, is hereby fixed and determined as set forth in item A in the Attachment hereto which is incorporated herein. PROVISO NO. 1: If this ordinance is finally passed and approved before the effective date stated in the Statement of Intent, the new rates shall be effective with gas bills rendered on and after thirty (30) days from the final date of passage of this ordinance for the good cause of reducing regulatory lag. PROVISO NO. 2: If this ordinance is finally passed and approved on the effective date stated in the Statement of Intent or after a period of suspension, the new rates shall be billable immediately in order to reduce regulatory lag. This provision is an exercise of the regulatory authority's discretion to establish the effective date of rates at any time after jurisdiction attaches, and its authority pursuant to state law to establish rates for any period of suspension. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward form a base of $4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as f:\files\muni\slake\ordinanc\gasrate.002(06-07-94) 2 an amount per thousand cubic feet (Mcf) of natural gas for changes in the Intercompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Southlake distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION 3. The residential and commercial rates set forth above shall be adjusted upward or downward for changes in taxes and other governmental impositions, rental fees or charges according to Item D, in the Attachment hereto which is incorporated herein. SECTION 4. Company shall also receive weather normalization adjustments according to Item C, in the Attachment hereto which is incorporated, herein. SECTION 5. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out is reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. The charges set forth in Items E and F in the Attachment hereto which is incorporated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 6. In addition to the aforesaid rates, Company is authorized to recover the current and any unrecovered prior rate case expense through a surcharge assigned for a six-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume reports to f:\files\muni\slake\ordinanc\gasrate.002(0"7-94) 3 the City to account for the collection of rate case expense. The company will provide monthly status reports to the City to account for the collection of rate case expense. SECTION 7. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City Council of the City of Southlake, under state law or City Charter, to regulate the rates, operations, and services of Lone Star Gas Company. (W SECTION 9. It is hereby officially found and determined that the meeting at which this ordinance was passed was upon to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required by law. SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. f:\files\muni\slake\ordinanc\gasrate.002(0"7-94) 4 SECTION 11. (W It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. (W PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY f:\files\muni\slake\ordinanc\gasrate.002(0"7-94) 5 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\muni\slake\ordinanc\gasrate.002(0"7-94) 6 85-31-1994 03:55PIl City of Southlake 817 488 6796 P.89 STATE OF TEXAS ( } COUNTY OF TARRANT it Secretary of the Cky of Swthiake, Tarrant County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance pasted and approved by the fifty Council of the City of Southlake at a session held on the---_day of_ 119_ . as It appears of record In the Minutes of said City Coundl In Book . page WITNESS MY HAND AND SEAL OF SAID CITY, this the day of .A.D. 19 secretary City of Southlak% Texaa 05-31-1994 03:55PM City of Southlake 817 488 67% P.10 ATTACHMENT TO ORDINANCE Na CITY OF SOUTHLAKE, TEXAS LONE STAR OAS COMPANY TARIFFS & SCHEDULES ITEM A. RATES Subject to applicable adjustments, the following rates are the maximum applicable to residential and commercial consumers per meter per month or for any pert of a month for which gas service is available at the same location. RealdenUal; Customer Charge $ 8.0000 All Consumption 5.3308 Per Mcf If the service period is less than 28 days In a month the customer charge is $.2W times the number of days service. If the consumption contains a portion of an Mcf, a prorata portion of the per Met charge will be made. Commensal Customer Charge $ 14.0000 First 20 Mcf 5.1827 Per Md Next 30 Mcf 4.8827 Per Mcf Over 50 Mcf 4.7327 Per Md If the service period Is less than 28 days In a month the customer charge Is $.5000 times the number of days service. If the consumption contains a portion of en Mcf, a prorate portion of the per Mcf charge will be made. Bib are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An of[peak sales discount of $.25 per Mcf will apply to residential customers' volume purchased In excess of 8 Mcf for each of the billing months May through October. ITEM B. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated the nearest$0.0001 per Mcf based upon: J 05-31-1994 03:56PM City of Southlake 817 48B 6796 P.11 (a) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf(shown below as "Re"), less (b) The base city gate rate of$4.0200 per Mcf, multiplied by (c) A volume factor of 1,0193 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted Was volumes. (2) Correction of the estimated adjustment determined by Item 8 (1) above for the second preceding billing month shall be included as part of the adjustment. The correcting factor(shown below 29 "C") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is Included as part of the adjustment (3) The adjustment determined by Item 8(1)and Item B (2)above shag be multiplied by a tax factor of 1.06012 to Include strbet and alley rental and state occupation tax due to the change In Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest$0.0001 per Mcf by Item B(1), item B(2)and Item B(3)as follows: GCA = (Item B (1) + Item 8 (2)]X Item B (3) GCA= [(1.0193) (Re -$4.0200) + Cl X 1.06012 ITEM C. Weather Normalization Adjustment EfFectl►e with bills rendered during the October 1994 through May 1995 billing months, and annually thereafter for the October through May billing months, the above residential and commercial consumption rates for gas service, as adjusted,shall be subject to a weather normalization adjustment each billing cycle to reflect the Impact of variations in the actual heating degree days during the period inciuded in the billing cycle from the normal level of heating degree days during the period Included in the billing cycle. The weather normalization adjustment will be Implemented on a p cf ll 05-31-1994 03.56PM City of Southlake 817 488 6796 P.12 basis and will be applicable to the heating load of each customer during the period Included In the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the d1PWAirport weather station. The adjustment to be made for each billing cycle will be calculated according to the foilowing formula: Afipl = = x N x AM AM Where: WNA = Weather normalization adjustment NDD = Normal heating degree days during the period covered by the billing cycle ADD = Actual heating degree days during the period covered by the billing cycle M a Weighted average margin per Mef included in the commodity portion of the rates effective during the October through May biting months AHL = Actual heating load per customer The heating load to which the weather normalization adjustment is to be applied for residential c uaorners Is determined by subtracting the residentlal class base bad from the total volume being billed to the customer. The heating load to which the weather normalization adjustment is to be applied for eommerc ial customers is determined by subtracting the base load for the customer from the total volume being billed to the customer. The base load of a customer is the average level of nonheating consumption. The weather normalization adjustment Is subject to a 50%limitation factor based on temperatures being fifty percent warmer or colder than normal The.weather normalzation adjustment will be calculated to the nearest $.0001 per Mcf. ITEM D. TAX ADJUSTMENT Each monthly bill, as adjusted above, shall be adjusted by, an amount equivalent to the proportionate part of any new tax, or any tax incxease or decrease, or any Increase or decrease of any other governmental imposition, rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net Income) levied, assessed or Imposed subsequent to July I, 1993 upon or allocable to the Company's distribution operations,.by any new or amended law,ordinance or contract. 1 95-31-1994 83:5" City of Southlake 817 488 67% P.13 ITEM E. SCHEDULE OF SERVICE CHARGES ( � Inauguration oration of Service In addition to the chaitges and rates set out above, the Company shalt charge and collect the sum of: Schedule 8 A.M. to 5 P.M. Monday through Friday $ 27.50 5 P.M. to 8 A.M. Monday through, Friday 41.25 Saturdays, Sundays and Holidays 41.25 For each reoonneWon of gas service where service has been discontinued at the same premises for any reason, and for each new Inauguration of service when the billable party has changed;with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (W (c) Whenever: gas service has been temporarily interrupted because of system outage, service work or appliance Installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Returned Check Charges A retumad check handling charge of$13.76 Is made for each check returned to the Company for reasons of non-suffident Hinds,account dosed,payment withheld,invalid signature,or improper preparation. f 05-31-1994 03:58PM City of Southlake 817 488 6?% P.14 c , REM F. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for bona We residential customer shall be the lesser at (a) the system4de average cost of construction, Including all overheads, for the prior fiscal year or(b) the adjusted actual Cost as determined by applying the latest Handy- Whitman Index to the 1975 actual base cost Of $2.94. A bona fide residential Customer uses gas for heating and water heating, or the equivalent load thereof, at a minimum. Residential customers otter than bona fide residential customers shall pay actual cost for main line extensions beyond the free limit The Company shall file the calculation of such charge with the CRY as soon as suifident data Is available each fiscal year. Extension to commercial and Industrial customers shaft be based on actual cost per foot. f TWA McUsic E. Business Books Freese and Nichols story more '96 than #ust water over-tie-dari The seemioRly endless Metroplex storms'of, •Worlin 1922' the past few weeks make this seem afittinitime' • "At the time,Fort Worth's raw sewage fro: to launch a book about a local engineering firm. a population of 110,000•'discharged direct If Freese and Nichoiscould be summed up in into the West Fork of the Trinity,.,the Nora one word,it would be water. Fort Worth packinghouse waste,recking wit The book is a look at 100 years of capturing, the.leavings of the meat-packers trade, ah sanitizing,hauling and rerouting the wet stuff went into the river. Downstream, Dallas w; in Texas and elsewhere, using cutting-edge .drawing much of its domestic water supp technology and mator-the-pantsengineerjng. from the untreated'flow of the West Fork.i It's called,A Century in the Works:Freese.' leastonedowntown Fort Worth otlieebuildir and Nichols Consulting Enginieis.1994-1994 ..had a sign in the washroom on the toilet watt L. (Texas A&M University Press. 435 -pages. box-that instructed: _`Pull the chain. Dail-, $34.50.) :. poCds the water. cc 31The book celebrates the ' I till year. an The�tirm's wO&hiiiory includes sludge di niver'sary of the firm and provides'a.&e 4iW'.: pasal plants.'water-treatment plants. rese look at how one company card make its rtia_Qn -.vorm dams and;mor.'e bigh-profile projec CZ astate.;•.'. =r r:: ' such astheexpansionofArttngtooStadium to Before you scCfl'at what a bunch ;fat Major Ltiigue ballpark and,:desibrr of the util can do in a hundred years. go get•a glass'af;i,ties.and roads in the first phase of DallaslFo water,you'll start to appreciate them.This flrtn:•Worth Airport. was•tesponsible for preserving a great deal of'.: In addition, Marvin Nichols. and Sime this"most precious of resources in thc•South= Freese were two of Fprt Woith'sinost prom west,"including designing the first Waterworks' ",neat and beloved residents. ' in Foil Worth way back in 1994. Freese spent the•last two years'of his lit And during the past century.Freese and Ni- corhpiling this book:wanting his company chols his engincered more than 150 dams and history .to be 'written- not for sel reservoirs in this mostly flat,dry state to con- aggrandizement,but as a vehicle to show th tain the rainfall, including Lake Worth'and .•tremendous progress in sanitary and enviros ir Vallas'White Rock Lake. mental engineering since'John Hawley's enu The book is highly technical in its engineer- into the field in the 1880s." ing coverage,which makes it difficult and te- Keep in mind that although l9th-centur dious fbr the average reader.But authors 136u- Scicnti%ts had linked many diseases to water rah Lightfoot Sizemore and Simon W.Freese borne bacteria,it was only in the past eentur try to lighten it with numerous vignettes on that engineers figured obt how to filter th Texas history that might not have been written 'bacteria to make drinking water safe. about before. Hawley.Freese and Nichols were among th Consider one of the first jobs of John,Black- top U.S. engineers working to solve this di: stock Hawley,foundcrof the firm.His task was fccult problem. to bring sanitary drinking water to Dallas by The book turned out to be mainly for eng --�— designing a sewage disposal plant in Fort, neers.Theprojectsbenetitusall. JUN-03-1994 09:06 FROM TO 918174886796 P.02 COPY FEDERAL HOME LOAN BANK OF DALLAS George K&wd7y Praidct►� June 3. 1994 Mr. Curtis Hawk, City Manager City of Southlake 667 N. Carroll Avenue SwAlake,TX 76092 Re: Building Permit-Lot 25B Woodland Heights Addition Dear Mr. Hawk: 1 appreciate very much the opportunity for me and other residents of Woodland Heights Addition to med with you and the City Avorney at 3:30 this afternoon to discuss our side of what has unfordmately evolved into a three way dispute between the residents of Woodland Heights Addition, PJWOmega Technologies,Inc. (Craig Willan), and the City of Southlake. Your willingness to heat our side of the issues at hand before issuing the building permit for Lot 25B is not only prudent but is a continuing reminder to all of us that you and the City of Southlake are rMonsive to citizen concerns. 1 think the issue at hand is clear. Does the language in the 0-1 Office District zoning ordinance require the City to consider the acetic impact of a proposed structure on the surround'mg residential neighborhood or is the City's only responsibility limited to more technical matters? I obviously believe flirt the aesthetic%mpadbility language was put in the ordinance purposely and should be taken into consideration. In addition,I believe that a site inspection to determine that the projected building is"compatible with residential uses and thereby maintaln(s)the character and integrity of eaUft and developing neighborhoods" is essential prior to the issuance of a building permit. I would like to add that I am encouraged that Mr. WOIan has agreed to meet with the reside of Woodland Heights at 10:00 a.m. tomorrow morning to discass the issues at hand. It is my hope that our meeting with Mr. Willan will result in an amicable resolution of this dispute. Sincerely, George M. Barclay GMB.:cr M Notch MacArthur Boulc-" • P.O.Box 619026 NUm/Fam Wvtd.Texas 75261.9026 • (214)714-8500 w �11 CITY MRN,w'E T FEDERAL HOME LOAN BANK OF DALLAS George M. Barclay President June 2, 1994 Mr. Curtis Hawk, City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Request for Public Hearing of Planning and Zoning Commission Regarding Pending Building Permit Request for Lot 25B, Woodland Heights Addition Dear Mr. Hawk: Last night, the residents of Woodland Heights Addition met and discussed the request currently pending to build a flat roofed office building on Lot 25B in the Woodland Heights Addition. As a result of our discussion and in my dual capacity as one of the two members of the Woodland Heights Addition Architectural Control Committee, and as the homeowner whose home is on the adjacent lot, I formally request that a building permit for the flat roofed office building on Lot 25B, Woodland Heights Addition, not be issued and that the permit request be placed on the agenda for the next public meeting of the City's Planning and Zoning Commission for the following reasons: • The Woodland Heights Addition is unique in that it may be the only substantially completed subdivision in the city of Southlake which has non-residential zoning at the only entrance to the subdivision. The owner of Tel Support, Inc. (the owner of the three completed office buildings on Lot 1, and the owner of Lot 25A which is currently zoned C-1) Jim Monday, has advised me that he has strong reservations concerning a flat roofed office building on Lot 25B and that if one is built, it could negatively impact his decision concerning the use of Lot 25A. • Interpretation of the critical phrases in the City's 0-1 Office District zoning ordinance which permits buildings "in attractive landscaped surroundings with types of uses, and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development" and "office uses that are compatible with residential uses, thereby maintaining the character and integrity of existing and developing neighborhoods", (emphasis added) should not be left to staff but should be interpreted by the Planning and Zoning Commission after a public discussion of the pertinent issues. 5605 North MacArthur Boulevard 9 P.O.Box 619026 • Dallas/Fort Worth,Texas 75261-9026 0 (214)714-8500 v ' J (W • Absence of an on-site inspection by staff. • Pam Mueller, who was a member of the City Council when the existing 0-1 Office District ordinance was enacted, has advised me that she and the other members of the Council intended that the language in the ordinance was designed to specifically exclude a structure such as that proposed in this situation and is prepared to so testify. • There is potentially a question of fact concerning whether the use of the proposed 3,000 - 4,000 square foot building is a permitted use in that Craig Willan, the applicant for the permit in question, advised Don Light and me that there would normally only be three cars parked on the premises. • Prematurely issuing the requested permit will result in irreparable harm to myself and the other residents of Woodland Heights Addition. I appreciate very much the courteous attention you and your staff have given this matter. Sincerely, (W George M. Barclay GMB:cr cc: Mr. Gary Fickes, Mayor City of Southlake Council Members City of Southlake ti�Q I <u m N< N m m Cc d I .m O ca ® I C1 < Z N coO �//^fin Q Y O ccN °¢I Cc ON AA Cm eA z N � ¢ N Y V t n N co ¢o O 2m N.� .Ji N,nV w Hm f 3 ¢f< N ° Z C � •a " � m N W m m N " ^' :1 C N �' r \m °I N to = I W � I F U H ti. `.. v N y U m a K IF 01 O a ml G n in °i J W (n I u �Lucri /n Q < �^ N m N n 0 < N < cc v N N � F N n n J CL N I C) I � �I < I � I I V I I I I City of Southlake,Texas CITY MANAGER MEMORANDUM j May 26, 1994 TO: Curtis E. Hawk, City Manager Greg Last, Director of Community Development Billy Campbell, Director of Public Safety FROM: Bob Whitehead, Director of Public Works SUBJECT: Trophy Club - East Entrance Tuesday, May 24th, I met with Bill LeGrand, Director of Public Works of Trophy Club. He is requesting an east entrance be established for the City of Trophy Club. The proposed entrance would connect Trophy Wood Drive (Trophy Club) to T.W. King (Southlake). The "ultimate" entrance is shown on Attachment "A". According to Mr. LeGrand the commercial is still under -R.T.C. control but they expect the road to be built in around two years. In the meantime they would like to make a temporary connection to T.W. King (see attachment "B"). The temporary street is to be constructed this fall. Questions raised in my mind: A. Has this concept plan been approved by Southlake for an east entrance into Trophy Club? B. Because of increased traffic would parking along T.W. King and Kirkwood need to be prohibited? C. Would T.W. King need to be improved from the present concrete section to the temporary street? Trophy Club is aware of our control of T.W. King and awaits an.answer as to the proposed concept plan. BW BW/sm wpfiles\memos\trophy.clb OV08 00 ONIA Al M J11.01.00 S CA 1 I q 1 � 1 � I c U y' rrN �jl 1 QN 100 r n I zS Q1 tn Z t / t 0 Z �,t oozyl R I I t 3.r1, 11 N s t t W Zy P W a' I 1 V I 0y As t W ~ 6w oszo'oo' w 124.00 �w N t - u � = E.. a0 (10 OM - 0. Ndo�.r 0 9 YR I Z W N Uz 1 m Q 1 I U 04 d o+ ki o n e w �,1a"v� as snap f f 0 v A rih Yf 'll O t h N 0 O ry to Q LLI 00 Q to r � J M o O N > -d- I " / CF �\ Retai �r j: i ( � Data Summary a : Commercial F L ���•..� •j C Comnercial P —�•i < \` '_� _` �-- f) Retail Pets _ _ \ \ F Ratz voffice G OediCatetl KC \ \ OW • sue'{`\ �•�__ � •� '�` i �I � I IBM Go wr16 ;I � c \� r X Dow *Aopm IL OW '400 so . ti\ • City of Southlake,Texas MEMORANDUM CITY MANAGER June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, P.E., Director of Public Works Department SUBJECT: Award of Bids for North Carroll Avenue Roadway Pavement and Appurtenant Project, from State Highway 114 to Dove Creek GENERAL INFORMATION City Council approved the bidding of North Carroll Ave. at their August 17, 1993 meeting. Advertisements were published on May 8 and May 15, 1994. Bids were publicly opened and read aloud on May 26, 1994 at 10:00 a.m. in the Council Chambers. BID TABULATION See attached bid tabulations prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS None FUNDING/FISCAL IMPACT Funds for these projects will be provided by the $1.5 million bond sale. STAFF RECOMMENDATIONS Staff recommends that the City Council award the following bid to Sunmount Corporation which is the low bidder. Sunmount Corporation has performed for the City in the past, and has done satisfactory work. Please place this on the June 7, 1994 agenda for Council review and approval. 11 k'41�0 BW Attachments C.1wpf1aI twws1su=o&W.bid JUN-04-1994 10:23 P.01 CHEATHAM AND ASSOCIATES Post-It-brand fax transmittal memo-1671 #ofpagesr To From G0. Co May 31, 1994 Dept- Fax# _ Fax# Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 RE: Award of Bids for N. Carroll Ave. Roadway Pavement & Appurtenant Work From S.H. #114 To Dove Creels Job No. 001-213 Dear Mr. Whitehead: Enclosed herewith is the bid tabulation for the subject project, the project was bid on May 26, 1994. As shown, the low bidder was Sumount Corporation, in the amount of$180,307.90. Sunmount Corporation has performed for the City in the past, and bas done satisfactory work. Therefore, we recommend that the contract be awarded to the low bidder, Sunmount Corporation of Roanoke, Texas_ If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. Enclosure - Bid Tabulation ENGINES • PLANNERS « SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd_• Suite 200- Arlington,Texas 76011 817/548-0696• Metro 265-8836•Fax 817f265-8532 5 ,5. 2 JUN-04-1994 ©8: 1@ P.C12 i 0000 'nc'SOa00 ao o co r o 4 4 �D NO, I l J Q O Q 4 9 m OC�O V• u7 g O a 0 m 0 0 U b n O q ( 9 47 M w tl O O O 4 � w U- , a m rw'm mww 'a"sr-Z ci "� H M M— c� r a X r` i H F... �' P+ pcoo �- - o0o00 LLIO rl - :;- uj oo (j00+ 0o fn 1 v�iG � (Qim I � 2 cepq pp [pc�� • j �d p. N 1 H O 616 u7 NOO W NNO N S Q r ry 7 P. 1 60 Y7 c7*5. y' I m O �r?!1}�OM rt _ ��NO N t~ f0 I g erf t U a? of cq m w w W µ44 t4 w i jp � i ZU t4 QQ .inrio Na 00 fb 4DO 0 00000 N 8 N CA O • Q O O D O O N •-� J ( F -inn mmIn n It. Cmam m N V N V O c0 c7 co N s rm m ; V b��u'i Nip �cv '09 wu-imin t� m i Q e` N w w c4 w ds us as M c0 O ti ti 7 L { .-S X y r o o b 'a •- b o c o 0 0 0 0 to L W ((] O O O [V M O O O O O N O O o z ¢pi �a N 4 1 0 0 0 0 0 0 C.0 0 n a 0 0 0 O' Q4G 44 C� C P Q 4G m Z 0 K7 O ID N O O In m N C. O a4 0 n r_�omo+ r m � cD " t- m n o rvo �j ^�� ci eti�s ri�eri"� d E.+ ' d O x N �: N N fr w sr►w44N to d i Fr rr � w w ww e� Lzi babaaaaa 'c,aaa m �mQ m F C1 Voo 0+tti " 0 D0ai � o 4 i uicri zui<ri7 k vi O Cn J J J C!Y U3 J • � i z oc d Q > ), F- 1 w t wx � LIJ pu) z d QZ i z W ! m =m 4 q a o z o Z �m 4 cn au j LLy � �o o ~ T elf ! t? ¢o i a v�iiovi Q c] 0 Q Q W7 m in 1 V �r_gr~ir0 � `i= op xLLJcnuj C� O i O-x jw z4U �Lrw Q N CO j �^ I w ui = wwUZdt d ? >z i � oa �wCL mU CL J Q d F " N y pia a � j �_ = w � 5 � �_aadi Q a o caK� D�, 0� � o 1 0 d ,� i ` tz�mo �ry Q�o0c.> Od i z c' boo, z ►=? _ _ L1J = S U o i �- Ow SFF d V O t W < <Olo&L m m n z i 1I C C4 _ O 2 !A ( W IL'il'omdOzw N CIS O O0 5a-3 lull 0 0 6 6 0 0 0 O b P 4 O O O O wv4vwas �nuaYHuiw M Q Ocv N LLJ I LJ W I : F = I O x A t Z n j 0. C< i E L] ry �` oNor- c000 00o m 000 N 0 QD ?00 PO h �, b7 � !`� mQ.00N �mo m CJ r+ 6 0 0 N b 0 m : r H � U rF w w �`7 N � e9 69 aT efi CV rn w In i x ry w en to us ua y9 M f q O Q < L'7 N W O O O NO O C o 0 o vOi P ram- O _ oG o ao o O ?Cq j ZQ' g0n ry Jg ' f"1 O O O 0 0 m .b O b O O - o oQa � or� r-- o 0 o age m _ Qp O W O rr <p r9 SOW � � CID t LON mb m h l r�•� n �` ra ' O �dlM N N w� 4194N.6iR N w m`n N nl » if 0 O .n 1 y O O ' O < i tea. ❑ a. u. m ; d - r� o0 0 0 0 0 0 C5 b o G u] O p r y O O O O - N O O O M1 O o ry o S`' O m iD N Q ' m rD ✓i m VO� O Q Z h 00. m I d Q N� P 0 0 Ln m A N[O- m m ,1 r- i F `� rt N U fV M N� N a�4 Or f9 N F � 0(D cj pQ no06In 00 U M � Z 0 d r v o -n 10 CG O �A �! V [V � fti NeO � <Ommc� m C'7 ~ t 4 h. ii off., chi q r M m m to N Z 'Oh m t'S m `r uN-a? u07 G J m 14) 4,4 m EL C - j i z ic� virz� uivirrrcn m 1 U J J CIl U7 J J vi fJJ Ca J o I t G { Z o A Id U F j ww� g avi L�J u i m ¢ o o a z a Z �truE w ll- u�J o o � ¢ �ZzC) o Qo �� "� o o C) C) L� z 0 10 �,—, � [CJ W a y U qa w c� `yi�� �wz Q O O L, L � a0 � 2 mi O cn I Wa m) w :O 0w F p (a al cln. cl v LLt cis N �� i ac9ts� l � U -� U,4 ¢ o o8 cnr?Moaz �Qp _ ¢, i zzUO,a woOv I" p e� LLLLmt, YYY� O � r Wr-FrAul z - xz Ft Fr U) c 0 0 0 W w drn¢ ac�c�� cnm o�, mo > M m W O cu c.i v �ti rQ ep o z O dzyi V TOTAL P.02 rJC3'�- City of Southlake,Texas MEMORANDUM June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Resolution No. 94-27,authorizing the abandonment of a portion of Peytonville R.O.W. and the execution of Quit Claim Deeds facilitating the transfer of the property to the adjacent land owners. The portion of Peytonville R.O.W. to be abandoned was dedicated with the plat of Continental Park Estates and exists as a strip of land between Continental Park Estates and Monticello Addition to the east. Terry Wilkinson, developer of Monticello, has organized all the surrounding owners in support of the abandonment and has prepared all the necessary exhibits. The intent is to divide the R.O.W. in pieces and quit claim each piece to the adjacent property owner. Attached is a copy of the resolution for the abandonment with appropriate descriptions, exhibits and approval signatures from the utility company representatives. City staff has also reviewed the request and has no problem with the abandonment of this easement. Please place this item on the Council's agenda for approval of the enclosed resolution and authorization for staff to take appropriate actions to facilitate the abandonment and execution of the necessary quit claim deeds to transfer the property to the adjacent owners. GL/bls Attachment: Resolution 94-27 CAWPFISOMROW94-27.ABN RESOLUTION NO. 94-27 A RESOLUTION VACATING AND ABANDONING A PORTION OF PEYTONVILLE RIGHT-OF-WAY(R.O.W.),IN THE CITY OF SOUTHLAKE, TARRANNT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID RIGHT-OF-WAY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, street Right of Way (R.O.W.) for Peytonville Ave. has been previously dedicated to the City of Southlake by the final plat of Continental Park Estates, an Addition to the City of Southlake, Tarrant County, Texas as recorded in Vol. 388-121, Page 59, Plat Records of Tarrant County Texas. WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that said R.O.W. is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. Said R.O.W. is more specifically described on the attached exhibits: EXHIBIT A: Metes and Bounds Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies. �c -z WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said R.O.W., the City desires to execute Quit Claim Deeds releasing all title, ownership and control in said easements to the owners of lots adjacent to the R.O.W. abandonment. 5e 3 SURVEY PLAT �, Pl;`(TONVII,t_E Ra W P�SANOONi"tEK1- CONT1EWAL BLVD. P.O.B. S 86'49'28"f;42.31' LOT 44 -- LOT 50 �T 'Qt l�- O f7C r BLOCK 2 mounCELLO PHASE■ LOT 41 CONTPIENTAL PARK ESTATES VOL.388-98,PG.23 wr 8 3 3 v o N g LOT 51 z r Cn Cn BLOCK 2 I LOT 4OR n VOL 388-12t,PG.59 / S 49'2a 4r W,43.40' 0k' 131 R S BASED ON WEST PROPERTY LINE MONTICELLO PHASE■ CORNEAS ARE 1/2"IRON PINS UNLESS OTHERWSE NOTE The plat shown hereon is a representation of the property as determined from an actual on the ground survey,the lines and dimensions of said property being as indicated by the plat.The undersigned has no knowledge of or has been advised of any known or apparent encroachments,conflicts, easements or protrusions except as shown. 0 F TOIMMY 0. BUR.KS Ir 3668 � •_, � tides.,;tl� +O Registered/Professional Land Surveyor t Y e BURKS LAND SURVEYING LEGEND See':I 2W SHEET 600 W.NW HWY I.P.F. . Iron Pin Found Date: 4nsie4 SUITE D I.P.S. - Iron Pin Set Job No. 94= 1 GRAPEVINE,TEXAS 76051 F.C. - Fens Comer GF No. METRO 817/481-9699 U.E. - Utility Easement tnwtce No. OF D.E. - Drainage Easement Updated 2 P:P- - Power Pole e- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The Right of Way, as described herein, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. Accordingly the above described R.O.W. is hereby vacated and abandoned as public property and such area shall revert in fee simple to the owners of the adjacent properties in accordance with the attached exhibits. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute quit claim deeds releasing all claims to title, ownership, or control of the R.O.W. on the behalf of the City of Southlake, Texas. A copy of said quit claim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. JrC-5 SECTION 3 s This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS , DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Adopted: Effective: a r � . t .� VS •1`1 T'T' f. 41 � I- �L y VyY h T{ ar K.t SU"VEYtPll AT ILXN�6IT , g -- LOT 50 r SWSC65-F_%34' P.Oa CONTMENTAL PARK ESTATES \ VOL 388-98,PG.23 BLOCK 2 LOT 41 PH MONTKXLLO ASE W : ?: • BLOCK 2 3 LOT.51 $ 8 t I LOT 40R VOL 388-121,PG.59 cams AM v�«ow P"UNLESS oiHE iwse Nark GLARO S 6AS®ON MOMVELLO PHASE■WEST PROPERTY UlE .. . S 48.27.41'W.2 M The plat shown hereon is a representation of the property as determined from an aetwl on the ground survey.the,lines and dimensions of qid property being as indicated by the plat.The undersigned tneu°no'krwwlrrdgwof of adep otrry «°r apparent eneroachmentsUrts, of E BaSenlMte'Of protfuii0re��y.a�lOMR4� � i P,,:,kf{� _ -..f -�..-: /gib: }`'��,�t��♦'� 1GIr11fYlQ t!(1RIfi j1 7� Rt.g wa••{� Reg'8ten Piote$sWaf Land Su4.e L[MIKS,LAND SURVEYING 1.EAENO_, scsl�Y SHEET 1IISNWI;P.F m Trott pJn nd oaa:R6 IobAPEVINE,TEXAS 78p51 s y4TRO 817/481-8898 Pub SURVEY-PLAT CONTINENTAL BLVD. S 86'49'28"E 2t15' -- w PDA -- b j BLOCK 2 LOT 44 LOT 50 Q�Q ur• p CONTINENTAL PARK ESTATES z VOL 388-98,PG.23 MONTICELLO PHASE III R N 89'34'55-W,19.34' BLOCK 2 \ . LOT 41 i LOT 51 ALL CORNERS ARE yr RRON PNS UKESS OTHERWISE NOTED. . BEARINGS BASED ON MONTICELLO PHASE■WEST PROPERTY L!E The plat shown hereon is a representation of the property as determined from an actual on the ground survey,the lines and dimensions of said property being as Indicated by the plat.The undersigned has:po;lyowledge_of or has been.advised of any known or apparent encroachments,conflicts, •� E easements or protrusions izospt as.`RihoWn"'w- !� Tt`. A. �O ��0 7 •'�µNy O .twR�' - • `� +'1 _T.... .r�. �.../C sulk Register,_ -fessional Land Surveyor BURKS LAND SURVEYING LEGEND Sca1i:1�' 1t� SHEET 600 W.NW HWY. I.P.F. - h'on Pin Found ate: 411LI94 SUITE D' I.P.S. - Iron Pin Set .lob No. 94033 GRAPEVINE.TEXAS 76051 F.C. - Fence Corner GF No, OF METRO 8171481-9699 U.E. Utility Easement Invoic.No. D.E. — ^mil^ Easement wed 2 P.P le Fievhee ."`.� FF SURVEY PLAT CONTINENTAL BLVD. S86'49'28-1-2116' ROB BOAT SPKE � LOT 44 s 00•W59-W.23736 l LOT 50 N W 06`4r W.23a1Q` S 89.00'12"W.20.05' CONTINENTAL PARK ESTATES VOL.388-98.PG.23 & , MONTICELLO PHASE'Ni I BLOCK 2 !� LOT 41 BLOCK 2 LOT 51 ALL COMAMS ARE 1/7"IRON MS UNLESS ODERWISE NOTED. - 9EAWIOS aASED ON LroNTICELW PHASE■WEST PROPERTY UW- The plat shown hereon is a representation of the property as determined from an actual on the ground survey,the lines and dimensions of said property being as Indicated by the plat.The undersigned for has no knowledge of or has been advised of any known or apparent encroachments,conflicts, t easements or protrusions except as shown. 4� o�s • ,70NNY D.eUoto iili ? " Register Professional Land Surveyor BURKS LAND SURVEYING LEGEND Sca1i:V 100' SHEET 6Q0.Wj!W HWY, I.P.F. • Iron.Piq,Found Clair. 411VN SUITE''D I.P.S. • Iron.Pin.Set Job No. 94= 1 ~ GRAPEVINE,TEXAS.76051 F.C. • Fenar CoMer QF No. OF METRO 817/481-969r U.E. = Why Easement Invoica.No. D.E. - Drainage Easement upoad 2 e^Q P.P. Power Pole gMaad w \ SURVEY PLAT I LOT 44 S 89'00'IT f;20.05' A LOT 50 CONTINENTAL PARK.ESTATES 1� VOL 388-98,PG.23 1�1 BLOCK 2 LOT 41 � tit of � � r 3 3 MONTICELLO PHASE III _- z g 2 y 1 I t l a BLOCK 2 LOT 51 VOL. 388-12\59 LOT 40R <tI I P.OB. / N 89'ST Of'W 16.7T BEARINGS BASED ON MONTICELLO PHASE 2 WEST PROPER IY LFE The plat shown hereon is a representation of the property as determined from an actual on the ground survey.the lines and dimensions of said property being as indicated by the plat.The undersigned has no knowledge of or has been advised of any known or apparent encroachments,conflicts, t easements or protrusions except as''ahown:'. tOliiMY 0.*W.RKE+ (�* 36N '/ sulk Registere rofessional Land Surveyor BURKS LAND SURVEYING LEGEND Sale:11om- 600 W.NW:HINY. I.P.F. . Iron Pin Found Date: 4/ri84 SHEET SUITE D I.P.S. • Iron Pin Set .fob No. 94= 1 GRAPEVINE,TEXAS.76051 F.C. Fence Comer cF No. U.E. F METRO 817/481-9699 UtUlfy'Easement . Irtvotes No. C' D.E. • Draloage'Easement tf~ 2 P.P. • Power Pole SURVEY PLAT LOT 50 BLOCK 2 ' LOT 41 CONTINENTAL PARK ESTATES VOL. 388-98,PG.23 BLOCK 2 ' c MONTICELLO PHASE III f- ... LOT 51 LOT 40R ` VOL.388-121,PG. 59 5 139'5T r E.16.71 P.O& Soo.Ol3 59"W.48 82 N 00-06 41"W,63.00' —� t S 49'20'4r W.21.70' CORNERS ARE 1/7'RON PW u►LESS OTHERWISE NOTED. G`VV BEARINGS BASED ON MONTICELLO PHASE s WEST PROPERTY LINE 0 The plat shown hereon is a representation of the property as determined from an actual on the ground survey,the lines and dimensions of said property being as indicated by the plat.The undersigned �I has no knowledge of or has been advised of any known or apparent encroachments. conflicts. easements or protrusions except as shown. �70M1AY O.suit . It, q`3M t r SUM Register6d Professional Land Surveyor BURKS LAND SURVEYING LEGEND fie'1 100' SHEET 600 W.NW HWY. I.P.F. — iron Pin Found ate: 41IL194 SUITE D I.P.S. - Iron Pin Set Job No. 94033 1 GRAPEVINE,TEXAS 76051 F.C. - Fence Comer GF No. OF METRO 817/481-9699 U.E. - Utility Easement Irt0,0100 No. D.E. - Drainage Easement updated 2 .. I( P.P. - Power Pole Revised City of Southlake,Texas . CIS IV'iAi� G- - MEMORANDUM June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Commerce Business Park Attached is the Developer Agreement for Commerce Business Park which is a commercial office complex. There are some necessary changes required in this Agreement. The changes are: • This agreement does not require the usual performance bond or payment bond because no building permits will be issued on the abutting lots until all public infrastructure water, sewer, and streets are constructed and accepted by the City. The usual maintenance bond or letter of credit will be required. • The Park Fee of $3,325 will be required and must be paid prior to the issuance of building permits on all referenced lots. Please place this on the June 7, 1994 agenda for Council review. Should you have any questions, please let me know. ac, BW BW\sm wpfiles\memos\comm.bus '7A- 1 COMMERCE BUSINESS PARK, LOTS 3,4,5,6,7,8,9,10 and 11, BLOCK B LOTS 1,4,5, AND 6 BLOCK C COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer of Commerce Business Park, to the City of Southlake, Tarrant County, Texas for the installation of public infrastructure facilities therein. It is understood by and between the parties that this agreement is applicable to development of all lots abutting the street named Market Loop, Commerce Business Park , with the exception of Lots 8 and 9, Block C. More specifically no building permits will be issued for the following lots until this Developer Agreement has been fulfilled: Lots 3,4,5,6,7,8,9,10, and 11, Block B Lots 1,4,5, and 6 Block C (See attached Exhibit "A") I. GENERAL REQUIREMENTS: A. It is agreed and understood that no building permits will be issued by the City of Southlake for any lots, as described above, abutting Market Loop Street, Commerce Business Park until all the public infrastructure water, sewer, and streets have been installed as per plans approved by the City and the construction of same accepted by the City. B. 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 p€ ................ tl > facilities covered by this agreement. C. The Developer agrees to furnish to the City a maintenance bond, letter of credit or cash escrow amounting to 50% for the paving of public streets. This maintenance bond, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the add .:.:::....::..:...:..... ::.:<:: itien. The maintenance bond, letter of credit or cash escrow will :.be suppli.:::ed to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. Until the maintenance bond, letter of credit or cash escrow required in C has been furnished as required, no approval of work oni3lttCof tift the additien shall be given by City. ';.ii addition by the Developer-, save and xeept as provided . E. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all:«; t facilities and im rovements il, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is 7 g -� 4 Acceptance of the facilities for this'provision and for the entire agreement shall ' T'•4iii;:.:::i?};::? .....:. ..... rf�'[i �/�n tin ttAt. �.. occur at such time that City, through its }jtt3z €` X3 or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the public streets facilities. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday, Sunda fidk nd; ac ari fees are considered .::::.:::......:::::.. ... ................... over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. G. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. H. 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 for the City and this Agreement shall not be considered in effect `"" until such City Attorney has approved the instrument. Approval by the City shall 2 A-3 not be unreasonably withheld or delayed. I. 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 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. J. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. K. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the street. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, the City, 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. B. STREETS: 1. If applicable, the street construction in the ti ] `BE , commercial development of the City of Southlake Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as approved by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior 3 A- ' - 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 has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. C. EROSION CONTROL: During and after construction of the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the addition. D. START OF CONSTRUCTION: Before the construction of the streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 4 1A-!s F, III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with this agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of-any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. 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 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 bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part 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. 5 �A- � 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 projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK FEES: The developer agrees to pay the Park Fee of $500 per acre, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately a res in hime. ss> a' which would brie the total cost of Park Fee .....:::.. . to :.. <<xuttle .: :; : :::: .. :< <:- ::::> :; .:....:..::>= _:, a ::.::.::;: cn: u �: e:>............... ei'eeza r6 t �- `1 SIGNED AND EFFECTIVE on the date last set forth below. Developer: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 7 t-� !Pk'$ REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT ' 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C 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 L of C must be issued by an 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 L of C must be issued by a bank that has a minimum capital ratio of six (6%0) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C 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 L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. 8 7t-) - 9 J I _iVA O 11 I I '1 • V M � I _ 1 • 1 I u ,1 O ' `� � f l tS I p f V v Q N E � I I •I r 1 � �. � ' l A 1 c _ 1 2 �1 j 1 , a 00 a I 1 1 ' H ' 1 2 1tD 1 U f 1 , 1 , w �+ J 1 , W O � o , E In IIn • «OOG � �I .a1? , , . • J0 � I C- IF . 1 01. ,p ^ n v • I IIa- � I ' c 1 0 0 1 ' 2902 '0A1V AOUVHDKl 1 ' 2806 2827 28 + 851 2885 _�. t' ��/0 0 1 R City of Southlake,Texas MEMORANDUM May 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-30 Rezoning and Site Plan/Commerce Business Park Ordinance No. 480-119 REQUESTED ACTION: Rezoning and Site Plan for a 6.6556 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474 and being legally described as Lots 2, 3, 7, and 8, Block C, Commerce Business Park. LOCATION: 572 Commerce Street OWNER: Randy Pack APPLICANT: Macatee Engineering Inc. CURRENT ZONING: "I-1" Light Industrial REQUESTED ZONING: "S-P-1" Detailed Site Plan District(to allow "I-1" uses and contractor's yard with outside storage as shown on the Site Plan) LAND USE CATEGORY: Industrial NO. NOTICES SENT: Three (3) RESPONSES: Received two written responses: * Randy Pack, 200 Bank St., in favor, "Promotes growth in Southlake with a very reputable company which is located in Grapevine at the current time." * Pan American Life, opposed, as lien holder of 280 Commerce Street, zoning change would be detrimental to property values. P & Z ACTION: April 21, 1994; Approved (3-1-1) Rezoning and Site Plan subject to the Plan Review Summary dated April 15, 1994, and modifying to require an "all weather surface" as defined in Ordinance No. 480; and, on South side of proposed North Office Building, move gates back to rear of employee parking lot and install a controlled gate; and, installing 8' chain link fence with wood slats. 1 ' City of Southlake,Texas COUNCIL ACTION: May 3, 1994; Approved (4-1) applicant's request to table the First Reading, Ordinance No. 480-119 until the May 17, 1994 Council meeting. May 17, 1994; Approved (5-2) First Reading, Ordinance No. 480-119, subject to the second Plan Review Summary dated April 29, 1994. STAFF COMMENTS: The applicant has met all the review comments of the amended second Plan Review Summary dated April 29, 1994 with the exception of those items addressed in the attached third Plan Review Summary dated June 3, 1994. MA- KPG/bls (W C AWPF\MEMO\CASES\94-30.RSP i MEN fW � fir, �■��In�.•��,�,�i���r ion ��' i � ;��� ----- � � ��.i�'� -•III,r ,1111111111� LIN c: �rl■i1 ©1 ii111�Cr� == IIIp��nnnul� • - , zz HOMA3 M -- © ©cue �,� = --:- y =:Ci.Ir111�Ivr1U '"'�eee©e©© "! �-�:•,IIIIr4,j:11f,� „ . iir1A1C�i� • a -/IIRf11�'t!!°IIU6 • +�.Elks IIsail IIIIIloilo WIN • -• .�■ r' ��mil OR mom a • �o TH 2 1H ` ,i 4 4 A'C i . ,� a. i.022 AC Tk.jA 7.`�4 n 6 TH 116 — y�; AC \1 6 ( 1 .6 AC 7 T --- - ---- 1 .:36 Ai. I :t Ii 4.�f �. PACIj IC SOUTHWEST BANK -- --- " i PACIFIC SOUTHWEST BANK ) I c F — I CL O 7 0 _1 F- tv Y CZ .Q py — M C $ Lu A U PACIFIC y `= SOUTHWEST BANK lL — 7 C 1A PACIFIC SOUTHWEST BANK I 6. 14" _ _ 1 EXCHANGE BLVD i I - ADJACENT OWNERS t AND ZONING ; - ` City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 94-30 REVIEW NO: THREE DATE OF REVIEW: 06/03/94 PROJECT NAME: Site Plan for S-P-1 Rezoning Request, 6.6556 A., being the proposed Lots 2R & 3R, Block C. Commerce Business Park OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Randy Pack Macatee Engineering, Inc. 200 Bank Street P. O. Box 12617 Southlake, Texas 76092 Dallas, Texas 75225 PHONE: PHONE:(214) 373-1180 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 05/23/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 744. ------------------------------------------------- ------------------------------------------------- * We find the applicant has met all the requirements of our previous reviews. * The applicant should be aware that prior to issuance of a building permit, 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, Perimeter Street Fee, and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc Macatee Engineering, Inc. Randy Pack cAwpArav\94-30.ap1 EXHIBIT "A" z Z - N z t.. . F b!c Sey ' ! � t 3 s > -1241z 'Ete`f M' Z ' i fill I I 5= s= .1'33W3KKW Jap JA s ♦�� �it � _-__ _� I ' I �_ -- - �� �' #Et _ < <o — iEi.ti Po3: a sa'.ci"�i oo.ea �� iii Ord. 480-119 Page S -73-lP CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-119 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 A 6.6556 ACRE TRACT OF LAND SITUATED IN THE THOMAS EASTER SURVEY, ABSTRACT NO. 474 AND BEING LEGALLY DESCRIBED AS LOTS 2R AND 3R, BLOCK C, COMMERCE BUSINESS PARK, FROM "I-l" LIGHT INDUSTRIAL TO "S-P-1" DETAILED SITE PLAN DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WH e City pfSouthl ome rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "I-l" Light Industrial 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 (W of such lights on established character of the neighborhood; location, lighting and types of signs CAORDMNING\480.119 2 — Page 1 and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 6.6556 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474 and being legally described as Lots 2R and 3R, Block C, Commerce Business Park, pursuant to the approved Site Plan attached hereto and incorporated herein as Exhibit "A." CAORMZONING\480.119 Page 2 From "I-1" Light Industrial to "S-P-1" Detailed Site Plan District to allow specifically "I-1" uses plus a contractor's storage yard with outside storage as indicated on the attached Exhibit "A." Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 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. CAORMZONING\480.119 Page 3 Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. (W MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINOW80.119 Page 4 = CAN EXRIBIT "All Ca 54 i i === ti S ct: it IZ 3J�d3KKOJ' . ....... ..... j7 E'Uh W, JA 41 WT -0 rot— --w C-1 Ay—, ss..77�11ZT W-2 4--",w MUM Ord. 480-119 Page 5 City of Southlake,Texas MEMORANDUM CITY MANAGER June 3, 1994 TO: Curtis Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: First Public Hearing regarding the Annexation of property into the City of Southlake. The first public hearing regarding the Annexation of 0.361 acres of land located in the C.M. Throop Survey, Abstract No. 1510, Tract 7A. The annexation schedule has been re-set in order for the City to receive a letter from the Town of Westlake indicating they are in favor of this property being annexed by Southlake. Also, because Mr. Thruman Head, owner of the property did not received written notice of the annexation. I have notified Mr. Head by Certified Mail of the annexation public hearings. As of this time, he has not responded to the notice. As you will note in the revised schedule, the second public hearing will be held in a Special City Council meeting on Thursday evening, June 9, 1994, at 6:30 p.m. Please let me know if you will be unable to attend the meeting on Thursday. If you have questions, please do not hesitate to contact me. %sl TOWN OF WESTLAKE RECBI V'ED 3 Village Circle Suite 207 Solana _ Roanoke,Texas 76262 M,AY 1 7 1994 \ /o Metro(817)430-8616 rn, CITY SECRETAR May 13, 1994 Mayor Gary Fickes City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: Annexation of 0.361 acres of land located in the C.M. Throop Survey, Abstract No. 1510, Tract 7A. Dear Mayor Fickes: It is my understanding that Mr. Thurman Head, who resides at 1400 Post Oak Trail in Southlake, and who is the owner of the above referenced property, appeared at your City Council meeting Tuesday, May 3rd, concerning the property's annexation by the City of Southlake. Mr. Head questioned whether or not the Town of Westlake was aware of the pending annexation by your City. For the record, we have been in close contact with Mr. Curtis E. Hawk, City Manager for the City of Southlake, concerning the annexation. We are in favor of this property's annexation by Southlake, and agree with the action taken. We believe this is in the best interest of both municipalities. Please let me know if you have any questions. With best regards, I remain Very truly yours, Scott Bradley Mayor (W SB/lg le, ` oZ EXHIBIT'A' ANNEXATION TRACT BEING a tract of land in the C.M. Throop Survey, Abstract 1510, by Deed to Thurman Head and wife, Laura Head as recorded in Volume 6910, Page 601, Deed Records,Tarrant County,Texas and being more particularly described as follows; BEGINNING at a 2 inch iron pipe on the West bank of a branch at the southeast comer of that certain 11.32 acre tract of land conveyed to Arvel N.Tate and wife, Hazel Pearl Tate, by Deed dated March 13, 1954,and recorded in Vol. 2686, Page 125, Deed Records,Tarrant County, Texas, said point being 318.3 varas West of the Southeast comer of said Throop Survey, and also being in a current north city limit line of the City of Southlake; THENCE North with the East line of said Tate Tract, 115.65 feet to a point in the Southerly line of County Road No. 3080(Dove Street); THENCE South 67 degrees, 46 minutes East with said Southerly line of said road, 131.75 feet to a point on a curve to the left with a radius of 979.93 feet whose center bears North 19 degrees,28 minutes, 08 seconds East; THENCE southeasterly along said curve in Southerly line of road, 159.8 feet to the intersection of said Southerly line of road with an old fence line, an iron rod, said point also being in an existing north city limit line of the City of Southlake; THENCE South 80 degrees, 57 minutes, 30 seconds West with said old fence, 156.0 feet to an iron rod in concrete at fence comer at the Northeast corner of that certain 30.866 acre tract of land conveyed to the Veterans' Land Board by Deed recorded in Volume 3256,Page 93, Deed Records;Tarrant County. Texas; THENCE SOUTH 89 degrees, 45 minutes, 15 seconds West with fence in he North line of said Veterans' Land Board tract,and with the South line of said Throop Survey and the North line of the Heirs of Christopher Dart Survey,Abstract 2003, 12.2 feet to the PLACE OF BEGINNING, and containing 0.361 acres, more or less. VoulhlakUhroop.sur EXHIBIT 'B' ANNEXATION TRACT ---------- --------------- ----- 0 �l o � I ^ Q i O O N o� (n N f 3 7 4 Q 6 7A48 ►AIA 010 V(~ 126 Ac ti 7A 7A I WA � a N 1"=200' 7A V 4 OL 7A W v 7A 7A 4a I 4811 yyFs TRACT 8 9 182a1 T OovF 7A `o`' 7A STj�,�FT4C � I I SA JP SURVEY A-1510 SURVEY A-2003 SOUThLAKE CITY LIMIT 18 11 28 — — —.------- — 1 I 17 1 Ac 1 ............ IA — - - - 16 10r 2 ZC — — — j� ; 35 Ac Z 15 r , Ac p 9 - 4r 14 Lj 1 Y 13 Q O 8 N -- ---•-•- 12 r) J 7 �� City of Southlake,Texas SCHEDULE FOR ANNEXATION OF PROPERTY 0.361 ACRES OF LAND ON WEST DOVE May 3, 1994 Resolution No. 94-15A, calling two public hearings for annexation May 27, 1994 Publish notice of public hearing to be held on June 7, 1994, and the second public hearing to be held on June 9, (to be published not more than 20 days before or less than 10 day of public hearing) June 7, 1994 First Public Hearing for Annexation. 7:00 p.m. during Regular City Council Meeting. June 9, 1994 Second Public Hearing for Annexation. 6:30 p.m. during Special City Council Meting. Approve Resolution, instructing the City Attorney to prepare an Ordinance, annexing property. July 5, 1994 First Reading of Ordinance annexing property into City of Southlake. July 8, 1994 Publish Ordinance for public hearing to be held on second reading. July 19, 1994 Second Reading and Public Hearing of Ordinance, Annexing property into the City of Southlake. schedule\wwx&tioa\sl 176 -J/* ORDINANCE NO. AN ORDINANCE REJECTING A PROPOSED RATE INCREASE FOR H2M WATER SYSTEMS, INC. , FOR WATER SERVICE PROVIDED TO INDIAN CREEK SUBDIVISION AND LAKEWOOD RIDGE SUBDIVISION WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, on May 9, 1994, H2M Water Systems, Inc. filed with the City of Southlake a proposed rate increase for two (2) public water systems within the City of Southlake, serving Indian Creek Subdivision and Lakewood Ridge Subdivision. WHEREAS, the City of Southlake has original jurisdiction over rates charged for water service within its municipal boundaries pursuant to Texas Water Code §13 . 042 . WHEREAS, Southlake finds that the information submitted by H2M in support of the proposed rate increase does not substantiate that increased rates will be fair, just, and reasonable, and the services will be adequate and efficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The said proposed rate increase of H2M Water Systems is hereby rejected for application within the corporate limits of the municipality of Southlake. SECTION 2. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of water utility services providing water within the City. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of 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. 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. -2- PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199 . MAYOR ATTEST: (w CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED: EFFECTIVE: f:\files\md\sl-ord.2water -3- f ORDINANCE NO. AN ORDINANCE APPROVING A PROPOSED RATE INCREASE FOR H2M WATER SYSTEMS, INC. , FOR WATER SERVICE PROVIDED TO INDIAN CREEK SUBDIVISION AND LAKEWOOD RIDGE SUBDIVISION WITHIN THE CITY OF SOUTHLAKE, TEXAS PROVIDED THAT THE SAME IS APPROVED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, on May 9, 1994 , H2M Water Systems, Inc. filed with the City of Southlake a proposed rate increase for two (2) public water systems within the City of Southlake, serving Indian Creek Subdivision and Lakewood Ridge Subdivision. WHEREAS, on May 9, 1994 , H2M Water Systems, Inc. filed the same proposed rate increase for the same water systems within the City of Southlake, with the Texas Natural Resource Conservation Commission. WHEREAS, the City of Southlake has original jurisdiction over rates charged for water service within its municipal boundaries pursuant to Texas Water Code §13 . 042 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The said proposed rate increase of H2M Water Systems is hereby approved for application within the corporate limits of the municipality of Southlake, but only to the extent that the same is ,,, approved by the Texas Natural Resource Conservation Commission -1- l pursuant to the filing made before it by H2M Water Corporation on May 9, 1994 , such rates to be so applicable until changed, modified, amended or withdrawn with the approval of the City of Southlake. SECTION 2. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of water utility services providing water within the City of Southlake. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of 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. -2- l SECTION S. 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 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED: EFFECTIVE• f:\files\md\sl-ord.water -3- ORDINANCE NO. AN ORDINANCE REJECTING A PROPOSED RATE INCREASE FOR H2M WATER SYSTEMS, INC. , FOR WATER SERVICE PROVIDED TO INDIAN CREEK SUBDIVISION AND LAKEWOOD RIDGE SUBDIVISION WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, on May 9, 1994 , H2M Water Systems, Inc. filed with the City of Southlake a proposed rate increase for two (2) public water systems within the City of Southlake, serving Indian Creek Subdivision and Lakewood Ridge Subdivision. WHEREAS, the City of Southlake has original jurisdiction over rates charged for water service within its municipal boundaries pursuant to Texas Water Code §13 . 042 . WHEREAS, Southlake finds that the information submitted by H2M in support of the proposed rate increase does not substantiate that increased rates will be fair, just, and reasonable, and the services will be adequate and efficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The said proposed rate increase of H2M Water Systems is hereby rejected for application within the corporate limits of the municipality of Southlake. SECTION 2. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of water utility services providing water within the City. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of 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 S. 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. -2- PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED: EFFECTIVE• f:\files\md\sl-ord.2water (w -3- ORDINANCE NO. AN ORDINANCE APPROVING A PROPOSED RATE INCREASE FOR H2M WATER SYSTEMS, INC. , FOR WATER SERVICE PROVIDED TO INDIAN CREEK SUBDIVISION AND LAKEWOOD RIDGE SUBDIVISION WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, on May 9, 1994, H2M Water Systems, Inc. filed with the City of Southlake a proposed rate increase for two (2) public water systems within the City of Southlake, serving Indian Creek Subdivision and Lakewood Ridge Subdivision. WHEREAS, the City of Southlake has original jurisdiction over rates charged for water service within its municipal boundaries pursuant to Texas Water Code §13 . 042. WHEREAS, Southlake finds that the information submitted by H2M in support of the proposed rate increase substantiates that increased rates will be fair, just, and reasonable, and the services will be adequate and efficient. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The said proposed rate increase of H2M Water Systems is hereby approved for application within the corporate limits of the municipality of Southlake. I SECTION 2. Nothing in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right or power of the governing body of this municipality under the law to regulate the rates, operation and services of water utility services providing water within the City. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of 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 S. 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. -2- PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199_. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_. MAYOR ATTEST: (w CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• ADOPTED• EFFECTIVE• f:\files\md\sl-ord.watsr cw -3- A : § 13.081 WATER RIGHTS Title 2 Administrative Code References r Water rates, see 31 TAC § 291.1 et seq. ij § 13.082. Local Utility Service; Exempt and Nonexempt Areas (a) Notwithstanding any other provision of this section, municipalities shall �j continue to regulate each kind of local utility service inside their boundaries until the commission has assumed jurisdiction over the respective utility pursuant to this chapter. (b) If a municipality does not surrender its jurisdiction, local utility service y within the boundaries of the municipality shall be exempt from regulation by the commission under this chapter to the extent that this chapter applies to local service, and the municipality shall have, regarding service within its boundaries, the right to exercise the same regulatory powers under the same standards and rules as the commission or other standards and rules not inconsistent with them. (c) Notwithstanding any election, the commission may consider water and sewer utilities' revenues and return on investment in exempt areas in fixing rates and charges in nonexempt areas and may also exercise the powers conferred necessary to give effect to orders under this chapter for the benefit of nonexempt areas. Likewise, in fixing rates and charges in the exempt area, the governing body may consider water and sewer utilities' revenues and return on investment in nonexempt areas. (d) Utilities serving exempt areas are subject to the reporting requirements of this chapter. Those reports shall be filed with the governing body of the municipality as well as with the commission. (e) This section does not limit the duty and power of the commission to regulate service and rates of municipally regulated water and sewer utilities for service provided to other areas in Texas. Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. Administrative Code References Water rates, see 31 TAC § 291.1 et seq. § 13.083. Rate Determination A municipality regulating its water and sewer utilities under this chapter shall require from those utilities all necessary data to make a reasonable determination of rate base, expenses, investment, and rate of return within the municipal boundaries. The standards for this determination shall be based on the procedures and requirements of this chapter, and the municipal- ity shall retain any personnel necessary to make the determination of reason- able rates required under this chapter. Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. § 13.084. Authority of Governing Body; Cost Reimbursement The governing body of any municipality shall have the right to select and engage rate consultants, accountants, auditors, attorneys, engineers, or any 280 _ III 1 t: RATES & SERVICES § 13.131 Ch. 13 combination of these experts to conduct investigations, present evidence, advise and represent the governing body, and assist with litigation on water and sewer utility ratemaking proceedings. The water and sewer utility !' in those proceedings shall be required to reimburse the governing �!! engagedp g body for the reasonable costs of those services. ? Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. f § 13.085. Assistance by Commission On request, the commission may advise and assist municipalities in connec Tr. tion with questions and proceedings arising under this chapter. This assist- h j ance may include aid to municipalities in connection with matters pending before the commission, the courts, or the governing body of any municipality, including making members of the staff available to them as witnesses and otherwise providing evidence. Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. § 13.086. Repealed by Acts 1987, 70th Leg., ch. 539, § 32, eff. Sept. 1, 1987 "i Historical Note � f The repealed section, relating to appeal of a See, now, § 13.043. "s decision of the governing body of a municipali- ty, was added by Acts 1985, 69th Leg., ch. 795, § 3.005. Library References Waters and Water Courses 4--203(12). C.J.S. Waters § 295 et seq. i t [Sections 13.087 to 13.130 reserved for expansion] SUBCHAPTER E. RECORDS, REPORTS, INSPECTIONS, RATES, AND SERVICES I ' s § 13.131. Records of Utility; Rates, Methods, and Accounts I j o the re ulatorI (a) Every water and sewer utility shall keep and render t g Y authority in the manner and form prescribed by the commission uniform I accounts of all business transacted. The commission may also prescribe forms of books, accounts, records, and memoranda to be kept by those j utilities, including the books, accounts, records, and memoranda of the rendition of and capacity for service a;, well as the receipts and expenditures of money, and any other forms, records, and memoranda that in the judg- ment of the commission may be necessary to carry out this chapter. (b) In the case of a utility subject to regulation by a federal regulatory agency, compliance with the system of accounts prescribed for the particular 281 i GUTS RATES & SERVICES § 13.183 Title 21 Ch. 13 !; regu regulatory authority since the last test of the same meter or measuring device, ri s with the utility shall make the test without charge to -L-he consumer or user. 4 Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. I.sure- i to the ; Cross References ` Electric submetering,applicability of meter-testing requirements under this section,see§ 13.503. ng of [Sections 13.141 to 13.180 reserved for expansion] and ment SUBCHAPTER F. PROCEEDINGS BEFORE REGULATORY AUTHORITY } § 13.181. Power to Ensure Compliance; Rate Regulation or. ; and Subject to this chapter, the commission has all authority and power of the y the state to ensure compliance with the obligations of utilities under this chapter. For this purpose the regulatory authority may fix and regulate rates of water and sewer utilities, including rules and regulations for determining the classification of customers and services and for determining the applicability of rates. A rule or order of the regulatory authority may not conflict with the rulings of any federal regulatory body. ten Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. m Library References t ti Waters and Water Courses a203(5). tpter C.J.S. Waters § 289 et seq. nces king § 13.182. Just and Reasonable Rates The regulatory authority shall ensure that every rate made, demanded, or tina- received by any utility or by any two or more utilities jointly shall be just and tory reasonable. Rates shall not be unreasonably preferential, prejudicial, or ority discriminatory but shall be sufficient, equitable, and consistent in application to each class of consumers. For ratemaking purposes, the commission may i by treat two or more municipalities served by a utility as a single class wherever the " the commission considers that treatment to be appropriate. :on- Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. hall and Library References the Waters and Water Courses a203(10). C.J.S. Waters § 289 et seq. ned me `:. § 13.183. Fixing Overall Revenues ser In fixing the rates for water and sewer services, the regulatory authority the shall fix its overall revenues at a level that will: the (1) permit the utility a reasonable opportunity to earn a reasonable test return on its invested capital used and useful in rendering service to the the public over and above its reasonable and necessary operating expenses; and 287 i II; I , § 13.183 WATER RIGHTS k Title 2 (2) preserve the financial integrity of the utility. Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 539, § 9, eff. Sept. 1, 1987. Historical Note S 1 The 1987 amendment substituted "for water designated the provision relating to a return on and sewer services" for "of a public utility", capital as subd. (1), and added subd. (2). I i f ii I +; Library References I{^ Waters and Water Courses a203(6). C.J.S. Waters § 286 et seq. If § 13.184. Fair Return; Burden of Proof (a) The regulatory authority may not prescribe any rate that will yield more than a fair return on the invested capital used and useful in rendering service to the public. (b) In fixing a reasonable return on invested j i capital, the regulatory authori- ty shall consider, in addition to other applicable factors, the efforts and achievements of the utility in the conservation of resources the r he utility's services, the efficiency of the utility's operations, and he quality quality of wI the utility's management. 4 ) In any proceeding involvin 'g any proposed change of rates, the burden of proof shall be on the utility to show that the proposed change, if.proposed { r, by the utility, or that the existing rate, if it is proposed to reduce the rate, is just and reasonable. :. is Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. u 1ff1 4 fl Library References Waters and Water Courses a203(10). C.J.S. Waters § 289 et seq. § 13.185. Comp onents of Invested Capital and Net Income (a) The components of invested capital and net income shall be determined according to the rules stated in this section. (b) Utility rates shall be based on the original cost of property used by and I useful to the utility in providing service, including, if necessary to the financial integrity of the utility, construction work in progress at cost as recorded on the books of the utility. The inclusion of construction work in _ % E progress is an exceptional form of rate relief to be granted only on the demonstration by the utility by clear and convincing evidence that the inclusion is in the ratepayers' best interest and is necessary to the financial integrity of the utility. Construction work in progress may not be included in the rate base for major projects under construction to the extent that those I, projects have been inefficiently or imprudently planned or managed. Invest- 288 s, RATES & SERVICES § 13.185 [TS:; Ch. 13 le 2 ed capital is the actual money cost or the actual money value of any consideration paid, other than money, of the property at the time it shall have kcts been dedicated to public use, whether by the utility that is the present owner or by a predecessor, less depreciation. (c) Cost of facilities, revenues, expenses, taxes, and reserves shall be sepa- n on rated or allocated as prescribed by the regulatory authority. (d) Net income is the total revenues of the utility less all reasonable and necessary expenses as determined by the regulatory authority. The regula- tory authority shall determine expenses and revenues in a manner consistent with Subsections (e) through (h) of this section. (e) Payment to affiliated interests for costs of any services, or any property, right or thing, or for interest expense may not be allowed either as capital cost lore or as expense except to the extent that the regulatory authority finds that vice payment to be reasonable and necessary. A finding of reasonableness and necessity must include specific statements setting forth the cost to the affiliate of each item or class of items in question and a finding that the price to the Cori;" utility is no higher than prices charged by the supplying affiliate to its other and affiliates or divisions for the same item or items, or to unaffiliated persons or the corporations. y of + (f) If the utility is a member of an affiliated group that is eligible to file a 'de consolidated income tax return and if it is advantageous to the utility to do so, income taxes shall be computed as though a consolidated return had been filed and the utility had realized its fair share of the savings resulting from the e, is 'a consolidated return, unless it is shown to the satisfaction of the regulatory authority that it was reasonable to choose not to consolidate returns. The amounts of income taxes saved by a consolidated group of which a utility is a member due to the elimination in the consolidated return of the intercompa- ny profit on purchases by the utility from an affiliate shall be applied to reduce the cost of those purchases. The investment tax credit allowed against federal income taxes to the extent retained by the utility shall be applied as a 1 x, reduction in the rate-based contribution of the assets to which the credit applies to the extent and at the rate as allowed by the Internal Revenue Code. fined (g) The regulatory authority may promulgate reasonable rules and regula- tions with respect to the allowance or disallowance of certain expenses for ratemaking purposes. and the (h) The regulatory authority may not include for ratemaking purposes: t it as (1) legislative advocacy expenses, whether made directly or indirectly, -k in including legislative advocacy expenses included in trade association dues; ! ' the;; (2) costs of processing a refund or credit under Section 13.187 of this the ncia chapter; or '1 D (3) any expenditure found by the regulatory authority to be unreason- able, unnecessary, or not in the public interest, including executive salaries, i advertising expenses, legal expenses, and civil penalties or fines. 289 r 1 RATE WATER RIGHTS Ch. i, § 13.185 Title 2 tion c in service that was acquired from an and t (i) Water and sewer utility property and that is comp �. affiliate or developer before Sepinmuded er ,in9a1�ratemaking formulas at the utility in its rate base shall be rice set between the entities. ro) installed cost of the property rather than the p 1 are provided by explicit customer agree- regu Unless the funds for this property from ments, the property is considered invested capital and not contributions in aid rates ' of construction or customer-contributed capital. ;; ty sr 3.005, eff. Sept. 1, 1985. Amended by Acts matt Added by Acts 1985, 69th Leg., ch. 795, § �1, after 1987, 70th Leg., ch. 539, § 10, eff. Sept. 1, 1987. V1olP Historical Note char kThe 1987 amendment added subsec. (i)• (C. Existing investigating Costs orde § 13.186. Unreasonable or Violative orde of Obtaining Service From Source regt j (a) If the regulatory authority, any reasonable n finds dthat the gexisting at own motion or on complaint Y For � rates of any utility for any service are unreasonable or in any way in violation NT" fun law, the regulatory authority shall determine observedhe just andn fo reasonable lI of any pro rates, including maximum or minimum rates, to be served on the a, reg and shall fix the same by order uiilbe untilchanged ali Those sprov provided in this det constitute the legal rates of the Y chapter. generate that which it distributes, tha (b) If a utility does not itself produce or g ' 'c for compensation, but obtains it from �_�� + { I Adi transmits, or furnishes to the public another source, the regulatory authority may investigate the cost of that �L M ' generation in any investigation of the reasonableness of the production or g j rates of the utility. i Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. del I Determination tw an, I Determ -._- fol § 13.187. Statement of Intent to Change Rates; Hearing', :; W1 of Rate Level utility may not make changes in its rates except by delivering a .;. . (a) A Y I th er and with the regulatory authority having ;� di j statement of intent to each ratepayer days of a billing 4i original jurisdiction at late of0the newerates mustfore the fbe the ective first day e proposed in change. The effective d not apply to service received before the F.; period, and the new rates may effective date of the new rates. The statement ooteintent information required r n posed revisions of tariffs and schedules, and any o regulatory authority's rules. A copy of the statement of intent shall b by the regu Y or delivered to the appropriate offices of each affected municipality,authority's s mailedpersons as required by the regulatory and to any other affected p c s, When the statement of intent is delivered, the utility shall file with the �" o rule a rates. The application must t regulatory authority an application to change lica- include information the regulatory authority requires by rule. If the app 290 1 a Ik E " a <; § 13.187 � RATES & SERVICES Ch. 13 � tion does not comply with the regulatory authority's rules, it may be rejected and the effective date of the rate change may be suspended until a properly completed application is accepted by the regulatory authority. (b) If, within 60 days after the effective date of the rate change, the regulatory authority receives a complaint from any affected municipality, or from the lesser of 250 or 10 percent of the ratepayers of the utility over whose II rates the regulatory authority has original jurisdiction, the regulatory authori- ty shall set the matter for hearing. The regulatory authority may set the matter for hearing on its own motion. The hearing may be informal. If, after hearing, the regulatory authority finds the rates to be unreasonable or in violation of law, the regulatory authority shall determine the rates to be �I charged by the utility and shall fix the rates by order served on the utility. ;I (c) The regulatory authority, pending final action in a rate proceeding, may order the utility to deposit all or part of the rate increase received or to be received into an escrow account with a financial institution approved by the regulatory authority. The utility shall refund or credit against future bills all sums collected during the pendency of the rate proceeding in excess of the fff f' rate finally ordered plus interest as determined by the regulatory authority. f For good cause shown, the regulatory authority may authorize the release of funds to the utility from the escrow account during the pendency of the proceeding. At any time during the pendency of the rate proceeding, the i regulatory authority may fix interim rates to remain in effect until a final ' determination is made. (d) A utility may not file a statement of intent and increase its rates more than once in a 12-month period. n. Added by Acts 1985, 69th Leg., ch. 795, § 3.005, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 539, § 11, eff. Sept. 1, 1987. Historical Note j i The 1987 amendment, in the section heading to the public of the proposed change once a 'I deleted "Major Changes;' following "Rates;" week for four consecutive weeks in a newspa- and deleted "Suspension of Rate Schedule;' per with general circulation in each county �II. following"Hearing; and rewrote the section, containing territory affected by the proposed which formerly read: change, and to any other affected persons as "(a) A utility may not make changes in its required by the regulatory authority's rules. rates except by filing a statement of intent with This subsection does not apply to a water or the regulatory authority having original juris- sewer utility that: I� diction at least 35 days before the effective "(1) has fewer than 150 customers; date of the proposed change. The statement of "(2) is not a member of a group filing a 'III intent shall include proposed revisions of tar- consolidated tax return; and ° iffs and schedules and a statement specifying "(3) is not under common control or own- in detail each proposed change, the effect the ership with another water or sewer utility. proposed change is expected to have on the The regulatory authority,for good cause revenues of the company,the classes and num- O , bers of utility consumers affected, and any shown, may, except in the case of major other information that may be required by the changes, allow changes in rates to take effect regulatory authority's rules. A copy of the before the end of the 35 day period under any r statement of intent shall be mailed or delivered conditions it may prescribe, subject to suspen- to the appropriate officer of each affected mu- Sion as provided in this chapter. All changes ^w`i nicipality,and notice shall be given by publics- shall be indicated immediately on its schedules tion in conspicuous form and place of a notice by the utility. For the purpose of this subsec- 291 Tom. 3 . t Land Development Consultant 4200 West Vickery,Suite 110 Civil Engineering P.O.Box 100247 Fort Worth,Texas 76185 817/763-0127 (a v l5 lh LanMAY 1 1 1994 d on Inc. pFFICE OF CITE ��A�IAGGR BW sLC May 9, 1994 City of Southlake 667 North Carroll Avenue _ j - Southlake, Texas 76092 ATTN. : Mr. Curtis Hawk, City Manager Dear Mr. Hawk, On behalf of our client H2M Water Systems Inc. , we are submitting a proposed Rate Increase for two public water systems withi the City of Southlake. The two systems are the Indian Creek and Lakewood Ridge systems. Please schedule a hearing for the proposed rates before the City Council at your earliest convienence. We will need approximately three weeks time to prepare and distribute Notices to the custom- ers. These two subdivisions are part of a system wide Rate Increase. We are enclosing a copy of that application for your review. If we can answer any questions pertaining to this matter, please do not hesitate to call. Sincerely, LandCo�/n Inc. William L. Boomer, P.E. enclosurses c: Bob Hundley, H2M Water Systems, Inc. Texas Natural Resource Conservation Commission file '7 p. i NOTICE OF PROPOSED RATE CHANGE H2M Water Systems, Inc. C.C.N. Number 11908 has submitted a rate change application with the Texas Natural Resource Conservation Commission and the City of Southlake. The proposed rates listed on the next page will apply to service received after the effec- tive date provided below. .._If the City receives protests to the proposed increase from 10 percent of the rate payers or from any affected municipality. within 60 days of the proposed effective date, a public hearing will be scheduled to determine if the proposed rates are reasonable. Protests should be mailed to: The City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 (817) 481-5581 The City will schedule consideration of this matter. Please read the following information carefully: Subdivisions affected by the Rate Change: Indian Creek, Lakewood Ridge 4801 Brentwood Stair Rd #401 Ft. Worth, TX 76103 (817)654-1702 Company Address City State Zip Telephone $118,475.72 Mav 15 , 1994 Annual Revenue Increase Date Customer Notice Mailed August 15, 1989 1st to loth of Month Date of Last Rate Change Date Meters Typically Read EFFECTIVE DATE OF PROPOSED INCREASE: June 15 , 1994. The proposed rates will apply to all service rendered after the effective date and will be reflected on the bill you receive approximately 30 to 45 days after the effective date. 7 D-z NOTICE OF PROPOSED RATE CHANGE (Cont. ) Page 2 In the event that the application is set for hearing, the specif- ic rates requested by the utility may be decreased or increased by order of the Commission. If the Commission orders a lower rate to be set, the utility may be ordered to refund or credit against future bills all sums collected during the pendency of the rate proceeding in excess of the rate finally ordered plus interest. You may inspect a copy of the rate change application at your utility' s office or at the Commission' s office at Park 35 4 Building F, 12015 Park 35 Circle, Suite 31044, Austin, Texas, west side of IH-35 , south of Yager Lane or at the City of South- lake City Hall. Additional information about the application can be obtained by contacting the Commission' s Utility Certification and Rate Design Section at 5121239-6960. Information about how you can participate in the rate setting process can be obtained by contacting the Public Interest Counsel at 512/239-6363 or the City of Southlake at (817) 481-5581. CURRENT RATES Current Rate Structure For following systems: Indian Creek, Lakewood Ridge $17.50 including 2,000 per month $1.75 for each additional 1,000 gallons $400.00 tap fee $40.00 reconnection fee, customer request $25.00 reconnection fee for non-payment of water bill $20.00 return check charge $50.00 deposit $2.00 or 5% late fee (W 1% regulatory assessment /PP, 7" O PROPOSED RATES $22.00 including 2000 gallons (/ monthly residential 5/8 or 3/4 meter $2.55 for each additional 1000 gallons 1 inch meter $37 . 40/mont 1 1/2 inch meter $72. 60/month 2 inch meter $116 . 60/month MISCELLANEOUS FEES Tap Fee $400 .00 Reconnection Fee: Nonpayment of Bill (Maximum $25 .00 ) $25 .00 Customer Request $40.00 Transfer Fee $40 .00 Late Charge $2 .00 or 5% Returned Check Charge $20. 00 Deposit $50 .00 � D-3 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION • File No. sir F� Effective Date (W RATE/TARIFF CHANGE APPLICATION Water and Sewer Utilities 1. Applicant 1-12M Water Systems . -Inc- is aft (utility Name) Individual Ek Corporation 010 510 2 0—0 0 1:1 Member Owned WSC (Charter Nusber) Partnership 0 Other Non-Profit Corporation 0 Sub Chapter-S Corporation: Other, please explain Business Address 4801 Brentwood Stair Rd , #40lBusiness Telephone(817)654-1702 (Street address oust be entered here-P. 0. Box may also be entered) (Area Code-Number) Fort Worth Tarrant Texas 7610 (City) (County) (State) (Zip Code) Ca tract Pem= William L. Boomer, P.E. (817) 763'0127 (Name of Person to be Contacted) (Area Code-Telephone Nuaber) P.O. Box 100247 Fort Worth TX 76185 (Address) (City) (State) (Zip Code) 2. List the complete schedule of the present rate structure or applicable tariff provision, including membership,tap, and reconnect fees, etc., if any. See Attachment "A" 3. List the proposed rate structure or tariff change and the percentage increase in gross revenue that the utility expects the proposed rates structure to furnish as opposed to that ftunished by the existing rate structure. (Items shown in 2 above not being changed should be listed again as unchanged.) 34 . 50 % increase $22.00 including 2000 gallons-3/4" meter $37 . 40 including 2000 gallons—l " meter $72. 60 including 2000 gallons-1 1/2" meter Late Charge $2.00 or 5% $116 .60 including 2000 gallons-2" meter Return check charge $20.00 $2. 55 for each additional 1000gallons Deposit $50 .00 Tap Fee $400 .00 Reconnect Fee--Customer Request $40.00 Transfer Fee $40 .00 non payment of bill $25.00 4. On what date does Applicant intend the proposed rate structure or tariff change to take effect? June 15 19 9 4 . (Please note: The date must be at least thirty days after the date the application is filed with the Texas Natural Resource Conservation Commission and the date notice is mailed to customers in order to satisfy the (W statutory notice requirements. RATE201.APP REV. 12/93 Page 1 of 18 �. �t,l,aawaa• — Va I — k— IIUt/ Men grantou l%Dill/A:a a,a %,VMVC4"C4Ak-'.auu uwa.uva•�. Certificate No. 1 1 9 0 g Somervell 6. In which county or counties does Applicant serve?Denton, Wise, Tarrant, Johnson, Hood, Please list each subdivision affected by this rate change: See Attachment "B" 7. Does Applicant serve within the corporate or town limits of any municipality? No X Yes If yes,which municipality or municipalities? South 1 a k e If yes,how many of Applicant's Customers are located within such limits? 3 0 If yes, has Applicant filed a concurrent petition to change its rates with the governing body of the municipality or municipalities? X Yes No If No,explain 8. How many customers do you presetuly have in each of the following classes: Residential 10 5 0 Industrial Czamweial Business Cities Others(Please Explain) Total Number 1 9. Determine a Test Period (the most recent 12-month period for which representative operational information is available ending less than 12 months before the date of the application is filed with the Commission.) The Test Period twelve(12) months ended December 31 . 19 93 The preceding twelve(12) month period ended December 31 , 19 92 10. Please list below the licensed operators employed by the utility, and current level of certification(A,B,C.or D), and average hours. f Name Level of Certification Weekly Hours Worked I Johnny Shackelford C-Ground 50+ 1 Dan McKee —B-Ground 10 1 Tommy York C-Ground 4n-,n RATE201.APP Pape 2 Of 18 REV. 12/93 11. Complete Schedule A below. Note: If both water and sewer rate or tariff changes are requested,separate schedules must be completed for each system. SCHEDULE A-INCOME STAT EMENT The amounts entered should only be actual recorded amounts. If the amounts are allocated between water and sewer or between the utility and another business, provide the Commission with the allocations and method used to allocate. Do not enter estimated or budget amounts. If the company uses the NARUC system of accounts, comparative NARUC accounts can be substituted for the following Commission prescribed accounts. Please use the basic format indicated below. 12 Months Preceding the 12 Month Test Period Period Operating Revenues Sales (Water or Sewer) a 349 ,523 .45 343 ,311 . 13 Operating Expenses: Salaries and wages(Schedule A-1) b 8 7,7 9 0 8 2 91 ,028. 15 Contract labor(Schedule A-1) c 8 .2 6 6 .6 3 3 .4 4 0 -S 0 j Purchased water for sale to customers d —0— 8 2 5 92 Chemicals and treatment of water a 7 . 3 8 2.0 2 8 , 3 6 2.0 4 Utilities (electricity) f 4 6 . 17 0 .2 5 fio .331 ..5-4 Repairs and maintenance supplies(Schedule A 2) g 3 4_8 3 6 -8 8 -Z I R;713 jau I Office expenses It 1 8 ,9 0 2 _61 ..] q -,?4 1 Accounting and legal fees(Schedule A-3) i 2 41 0 0 9 4 Q n Q 7 Insurance j 75 8 2 5:6 5 5 ,7 7 9.8 T Rate Case Expense k —0— —0-- Misc. Expenses (itemize on Schedule A-4) 1 36 .008 . 13 4 00 3 R TOTAL OPERATIONS AND MAINTENANCE m 246 ,898 .99 271 . 126-S 0' (sum of b through 1) IOther taxes (payroll, ad valorem, etc.) n 2 4 .6 9 2 _6 9 C TNRCC gross receipts assessment o 2 ,718 . 67 Depreciation and amortization p 49 , 444 . 50 4 q ,2 5 6 -7 8 Federal income taxes q —0— —()— NET OPERATING INCOME r 29 ,768 .60 ( 4 ,R 0 3 . 0) (a-m-n-o-p-q) Other Income: 11 Fees (connect, tap, etc.) s 1 6, 1 5 6 .0 5 2 n ., 4 4 n _ n n (Schedule A-5) Other (interest income, etc.) t —0— —0— TOTAL OTHER INCOME (sum of s + t) u 16 , 156 .05 2 0 . 4 4 0 .0 0 Other Expenses: Interest expense on long/or short-term debt v —0— —0— Costs relating to fees(connect, tap, etc.) w 16 , 156 .05 20 ,440 .00 (Schedule A-5)* Other expenses (non-utility operations) x —0— —0— TOTAL OTHER EXPENSE (sum of v + w + x) y 16 , 156 .05 20 ,440.06 NET INCOME (r + u - y) z 29 ,768.60 (4 ,803.53) *If accounted for separately from items b through 1. RATE201.APP Page 3 of 18 REV. 12/93 � D_ 12. Complete Schedule B-1 and B-2 SCHEDULE B-1 - BALANCE SHEET - ASSETS The amounts entered should only be actual recorded amounts. If the amounts are allocated between water and sewer or between the utility and another business, provide the Commission with the allocations and method used to allocate. Do not enter estimated or budgeted amounts. Date: 1 -1 , 19 93 Daim 1 2—31.199 3 Beginnine of Test Year End of Test Year FIXED ASSETS Utility plant a 1 ,716 ,239 . 86 1 ,754 ,064.64 (original cost when placed in service ) (Schedule B-3) (page 8) Less: Accumulated depreciation b 378 ,792.91 433 , 122.27 TOTAL NON-UTILITY PLANT(a- b) c 1 , 337 ,446 .95 1 ,320 ,942.37 Non-Utility plant d 32,846 . 73 60 ,315.06 Less: Accumulated depreciation e 13 ,284 . 51 18 ,212.01 TOTAL NON-UTILITY PLANT(d -e) f 19 ,562.22 4 2, 10 3. Construction work in progress g —0— —0— Plant acquisition adjustment h f1 , 401 , 379 .37 ) ( 1 ,401 ,37 (positive or negative) Less: Accumulated amortization of plant acquisition adjustment i 344 ,947 .40 344 ,947 .40 Net unamortized plant acquisition j ( 1 ,056 ,431 ,97) t1 ,056 ,431 .97) . adjustment (h - i) CURRENT ASSETS Cash in bank k 14 F 1 9 5 _ 8 1 20 ,503 . 56 Petty cash 1 —0— —0— Cash reserve account In 19 , 554 . 02 31 ,612 .08 Material and supplies (inventory) a 10 ,0 0 0 _0 0 10 ,000 .00 Accounts receivable o —0— —0— Less: Allowance for uncollectables p —0— —0— Other q —0— —0 TOTAL CURRENT ASSETS r 4 3 ,7 4 9 _ 8 3 6 2 , 1 15 6 4 (k through q) DEFERRED ASSETS Prepaid insurance s —0— —0— Other t —0— —0— TOTAL DEFERRED ASSETS (s + t) u —0— —0— TOTAL ASSETS v 344 , 327 .03 368 ,729 .09 (c+f+g+j+r+u) �WPATE201.APP REV. 12/93 Page 4 of 18 SCHEDULE B-2 - BALANCE SHEET -LIABILITY AND CAPITAL (W Date: 1 -1 , 19 93 Date: 1 2—31 ,19.n Beginning of Test Year End of Test Year CAPITAL Ownership equity (Sole Proprietorships or a —0— —0— Partnerships only) Shareholders investments (Sub Chapter-S) b —0— —0— Members investments (Cooperative only) c —0— —0— Common stock(Corporations only) d 30 ,387 . 66 30 ,387.66 Retained earnings e ( 1 , 113 , 177 . 22 ) ( 1 , 167 ,868 ,711 Other f —0— —0— TOTAL CAPITAL(a through f) g ( 1 , 143 ,564 . 88) ( 1 , 137 ,481 ,05) LONG-TERM LIABILITIES Notes payable(more than I year) (Schedules B-4) h 75 ,554% 81 92 ,067 .20 i —0— TOTAL LONG-TERM LIABILITY j 75 , 554 . 81 9 2 ,0 6 7 _2 0 (h + i) CURRENT LIABILITIES Accounts payable k —0— —0— Notes payable(less than 1 year) 1 —0— —0— (Schedule B-4) Customer deposits m 10 ,957 . 73 12 ,7 6 3 5 7 Taxes payable n —0— —0— Other current and accrued liabilities o —0— —0— TOTAL CURRENT LIABILITIES (k through o) p 10 ,957 . 73 12 , 763 .57 DEFERRED LIABILITIES Accumulated deferred income taxes q —0— —0— Accumulated deferred investment tax credits r —0— —0— Other s —0— —0— TOTAL DEFERRED LIABILITIES t —0— —0— (q through s) CONTRIBUTIONS IN AID OF CONSTRUCTION u 1 ,401 , 379 . 37 1 ,401 ;379 . 37 TOTAL CAPITAL AND LIABILITIES v " 344 , 327 . 03 368 ,729 .09 (g+j+p+t+u) (Should agree with Total Assets) �ME201.App REV. 12n3 Page 5 of 18 v If the company used the NARUC system of accounts. please provide the listing or invoice copies grouped by the appropriate NARUC expense accounts. SCHEDULE A-1 (w Salaries. Wages& Cowract Labor Employee Amount Paid Explanation of Duties See Attachment "C" TOTAL 91 ,028 . 15 SCHEDULE A-2 Repairs and Maintenance(Supplies) Date of Invoice Payee Amount Explanation of Item See Attachment "D" (W TOTAL 38 , 753 . 86 SCHEDULE A 3 Accounting and Legal Date of Invoice Payee Amount Type of Service Mid_ Gorrion C'annol Pg 59 _ 00 Anr-nnnti ng Misc_ Barr3Z Hasten 370 _97 Attnrnew TOTAL 2980 . 87 RATE201.APP Page 6 of 18 REV. 12/93 SCHEDULE A-4 Miscellaneous Expenses Date of Invoice Payee Amount TIVS of Service (W See Attachment "E" ' TOTAL 14. List total actual costs of service and complete Schedule A-5 with information from the Test Year. SCHEDULE A-5 Miscellaneous Fees TAR Reconnect, Other Total ACTUAL EXPENSES Cost of labor $ 3 ,0 0 0.0 0 7 ,2 9 0.0 0 Cost of parts&equipment 10 , 150. 00 —0— Other costs —0— —0— TOTAL TEST YEAR ACTUAL COSTS $ 13 , 150 .00 7 ,290 .00 (A) (W TEST YEAR FEES CHARGED TO CUSTOMERS $ 13 , 150 .00 .7 , 290 .00 (B) (A) Should equal item w on the income statement. (B) Should equal item s on the income statement. 15. If items (A) and (B) above are not shown on the income statement on lines s and w and in the same dollars amounts as(A)and(B)above,please indicate where in the financial statements they are located,and at what dollar amounts. 16. If, in Schedule A-5 actual costs differ from the costs charged to customers, please explain why. RAiE201.APP Page 7 of 18 REV. 12/93 � � .. ( O a. Have you made a water service demand forecast, and do you have a proposed expansion project of ` - program related to this forecast (projection)? Yes No X If yes: (1) What is the population projection? I (2) What is the growth potential for your area in the next two years: what factors will influence it? I (b) What plans to you have for system expansion? Please provide a copy of the engineering report, if available. ' The systems in Denton County are being interconnected. This interconnection was started approximately 2 1/2 years ago. H2M is currently seeking funding for an elevated tank for the same Denton County areas. H2M is currently capable of serving their existing customers in the service ' area as well as the expanded certificated areas. (c) Have you retained a consulting engineer to make a study or plan for your area? If so, who is the engineer(what firm)? No ' (d) What capability do you have with your present facilities to serve future growth or demand on your system? With interconnection in place and planned in southwestern Denton County, H2M has plant and facilities in place for any anticipated growth in this area. (e) What construction work. if any, is in progress? Interconnection of systems in southern Denton County is ongoing. 19. Complete Schedule B-3W. Provide an inventory and description of company facilities used and useful in ' providing utility service and the original cost and date of installation of each item. Please fill out the schedules on a system by system basis. If the Applicant provides sewer service, please complete Schedule B-3S. a. Please provide documentation to support the plant items and installation dates listed on Schedule B-3W and B-3S unless they have been established in a prior rate case. Please provide documentation for plant additions since the last rate case. RATE201.APP Page 8 of 18 REV. 12/93 i { i J U N, 0 2 11994 DEPT.OF PUBLIC WORKS Mrs. Ilene Holcomb 4488 Soda Ridge Rd. Roanoke,TX 76262 May 31, 1994 The City of Southlake 667 North Carroll Avenue Southlake,TX 76092 Re: 1-12M Proposed Rate Change at Indian Creek, Lakewood Ridge Subdivision To Whom It May Concern: Lloyd and I would like to take this opportunity to oppose the proposed rate change application as listed in the notice mailed to us on May 15th. We are not opposed to an increase, but feel that an increase of over 25%for the base rate and almost 46%for the (W additional useage creates an undue burden on those of us who are using the utility. Please notify us if there is going to be a public hearing as we would like to attend. Our home number is 491-2206 or I can be contacted at 817 385-3403 during the day. Thank you in advance. Sincerely, r Ilene Holcomb �� Iz RECEIVED (W sup i; 1 199�t CITY SECRETAR �d May 30, 1994 City Secretaty's Office City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Dear City Secretary: I have received a notice of proposed water rate increase from H2M Water Systems C.C.N. Number 11908 for the addition where I live, Indian Creek. I would appreciate it if the City of Southlake would hold a hearing on this request, so that we can determine the basis for this increase and ask questions to determine if it is reasonable. Yours Truly, �/-�thristian 4470 Homestead Dr. Roanoke, Texas 76262 Phone (817). 430-4445 '`1 �- 3 y,14? (2/0 RECEIVED _ J'v N 4 1 1994 s )mac CITY SECRETAR � A U� Sari NJ RECEIVED MAY 2 7 1994 May 24, 1994 CITY SECRETARY City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: Protest of rate increase by H2M Water Systems, Inc. To Whom It May Concern: I hereby protest the referenced water rate increase by H2M Water Systems, Inc. for the Lakewood Ridge system. The basic rate increase is consistent with inflation since 1989. However, the additional 1000 gallon rate is excessive by almost 30%. Please advise me if there will be a public hearing on this rate change proposal. Si cerely, ll 4506 Soda Ridge Road Roanoke, TX 76262 817/491 -2111 � �D� 15 City of Southlake,Texas r CITY MANAGER MEMORANDUM June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: YOUTH ADVISORY COMMISSION You will recall that Judge Brad Bradley provided a copy of a draft ordinance creating a Youth Advisory Commission to the City Council during work session last meeting. This ordinance is attached for your review, and has been included on the agenda for first reading. This program will be yet another component to our citizen participation efforts. The Youth Advisory Commission would be created to generate broad-base public awareness of and support for youth. As specified in the ordinance, the Commission would work under the direction of the Mayor and would serve in an advisory capacity to the Mayor and City Council. The Commission will evaluate current issues affecting youth in Southlake and bring them to the attention of the Mayor and City Council. A list of possible projects has been attached to the ordinance. This group will work closely with the youth involved in SPIN, but provides a means for more students to be involved with the City of Southlake and municipal government projects. Judge Bradley will attend Tuesday evening's meeting and will be available to answer any questions you have about the Commission. IW4�- SR �a -1 ORDINANCE NO. ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS PROVIDING FOR THE CREATION OF A YOUTH ADVISORY COMMISSION AND RULES FOR ITS OPERATION; PROVIDING AN EF'P'E VIVE DATE. AS, the City Council recognizes the benefit of citizen participate In government; and WHEREAS, youth are the foundation of our future: and WHEREAS,youth issues require public awareness,input,and support to be effective. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY CO CIL OF THE CITY OF SOUTT II.AIM TEXAS: SECTION I. A Youth Advisory Commission is here created to generate broad-base public awareness of and support for youth. The Commission,under the direction of the Mayor, will be advisory in nature, evaluating current issues affecting youth in Southiake and bringing them to the attention of the Council and other Boards and Commissions as necessary. The Commission shall not have responsibility or authority over public officials or employees of the City. SECTION IL The Mayor will assign, and prioritize as necessary, projects for (maw, discussion and reporting as well as the Commission generating their own discussion projects. The Mayor and City Council will use the Commission as a formal "voice of youth" on various items concerning youth in the City. SECTION III. The Commission will serve as a vehicle to familiarize the youth of Southlake with the governance process in Municipal Government. To this end, as scheduled,key elected or appointed staff of the City will educate the Commission members on different facets of municipal government and will make themselves available to answer questions from the Commission on an as needed basis. Also, the City will host a "Youth and Government Day" for Commission members at-the end of each school year. SECI'I0N_1y- The Youth Advisory Commission shall consist of three (3) representatives from each grade level at each High School and Middle School in the City. To ensure a broad spectrum of students from the community, an individual School Committee (chartered by the school principal) will recommend to the Council, representatives from their school. These representatives will form a diverse group, and selection will be based upon the Committee's knowledge of the student, as well as the student's willingness to serve. Each Commission member will be eligible to serve from one (1) - three (3) years on the Commission, depending upon an annual review by their school committee. Ordinance No. Page 2 r j�a _� a S=QN V. A Chair shall be appointed by the City Council from the membership for a one year term The Commission shall also have a Vice-Chair and Secretary elected by its members for a one year term. The Secretary shall keep a record of all meetings of the Commission and minutes thereof shall be kept on file in the Office of the City Secretary. SECTION VT. Regular meetings will be held each month of the school year. IIowever special meetings may be called by the Chair or the Vice-Chair of the Commission at any other time after notice has been given to the Commission. A simple majority of the members shall constitute a quorum. A vote of the simple majority of the quorum shall be required for any action taken by the commission. SE ION VIL All members of the Commission are subject to removal in accordance to the City Council's current policy. In addition, the members of the Commission may be removed at any time by the City Council with or without cause. ,SECTION YU An annual report shall be presented by the Commission to inform the Mayor and City Council of the Commitsioa's interaction,activities, and progress as related to Its established purpose no later than June 30 of each year. Additional reports &ball be submitted as requested by either the Mayor or the Commission. _WC]3QN Ix This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED, IM THE DAY OF - __- - --_- _, 1994. Gary Fickes, MAYOR ATTEST: Sandra L LeGrand, CITY SECRETARY APPROVED AS TO FORM: Allen Taylor, CITY ATTORNEY LAND USE STATEMENT SOUTHWESTERN BELL MOBILE SYSTEMS T.W. King Road Southlake, Texas SITE: The site is part of the W.M. Mills Survey, Abstract No. 887. The site is on the east side of T.W. King Road north of the Denton/Tarrant County Line. ZONING: The property is zoned Agricultural (A). This zoning provides for agricultural type uses and is not intended for development activity. AREA LAND USES: The site is undeveloped. Other property in the area is also undeveloped. THE REQUEST: This request is for a cellular telephone cell site. CELL SITE: The cell site consists of an equipment building and an antenna. The building is approximately eleven feet wide and twenty-six feet long. This building contains electronic equipment that transmits telephone calls. There is an antenna one hundred (100) feet in height that sends the radio signals to and from mobile telephones. The antenna is built to a height to serve a limited geographic area. The antenna will not function properly if it. is too tall and will not function properly if it is too short. The cell site makes no noise and does not interfere with other types of telecommunications such as radio, television and CB radio. CELLULAR TELEPHONE SYSTEM: The cellular telephone system is made up of a number of strategically placed cell sites which work together to transmit telephone calls. The geographic area served by*a-cell site is called a cell. Each cell site can handle a limited number of telephone calls. When an area has more demand for telephone service than the existing cell sites can handle, a new cell site is located between the existing cell sites to serve the area. The Southlake area is now underserved and this new cell site will provide timely and adequate cellular mobile telephone service to the area. -- 3 Southwestern Sell Mobile Systems May 11, 1994 Plauning and Zoning Commission City of Southlake 667 North Carroll,Avenue Southlake,Texas 76092 RE: Pwposed Cell Site T.W. King Road Dear Chairman and Plan Comjdssioners: I am the SOUdnMstern Bell Mobile Systems Real Esate Assistant ManaW worldng on the Southlake cell.site. Peter Kavanagh asked me about other sites in the area near our proposed site_ I met with The Trophy Club City Planner about locating on the Trophy Club water bower=oss T.W.King Road. The City of Trophy Club would not sublease its water tower for our antennas. I also contacted the property management of the Solana (W Office Complex. The buildings are not tall enough to serve as antennas. The office complex did not have other ground space available for our antenna. The site we are now proposing is the only site available to me at this time. If I can be of further assistance,please call me on 214-713-4689. Sincerely, 4 4.* GAY Nest Assistant Manager GV/cy P.O.Box 797246 Oallas.Texas 75379 Rwe 214 713.4691 4 713-4704 ASP-y FROM THE D : E 1 1 / ' 1. .1 -Bill `Cam "JUN 2 1994 w� /' a� �a � e�A T f��/ ys�rr� �► �'d mar r .�o a e rrl4y ,I�., �otJ rKay r�-ram/� w� p � oJ'P fKr /ac.Jr% Qil� 74j f�i ramp4 i � f .7 2�2 Y. j N ~y g� a� gg&gY �A z� gaz8 aa4 • �� ° °1q m j� o p o ovs 8 0.. - p Gov$� 4' " a. O Y O � mw �i oyQRya� o�a+ aA� ���+8pa�' p80° O o Y�iri o j. 8 OG g S y Y Q p m S Fb6f %a 41 0, p►Q« p� a.8�'•aa�� 8,� �a a s SH Rig Mfg A • Yav"8o 8 paJBpgo j?eb Y C `'izg9�p0q 3T l�6�'�L�c '>� � � mA �2a ppgtoo 121-4 wg o v� >e� ovopBF, ° r/� Mtl �xA ep Y � pa�� M �ya, a �. a 0' p 0 q... a p t7.r a U ; mxj 77$ Ay 000 m ya Y o .( O .y..1 a 9 I m 9a. q a, 10 m'o.a a cp v ,bL:l - egg pp a m Yy A.K.p.A....cz p q vt� q m p 8 pwva ma a,�ap q q ; y Y op YE c.. I qv c � v > md ..� a8 q oA w p 00 asp a� S7 a pG �i8« z m silo o G O _ IY $ v9p � 9l3� ao� aa � Y b a � �rq$ 4J am � m«Ooa'�� �°Y gYgo M so w a ° m Z IV/A yy = V.°.i V p q.2p at $ a.O1.a o �� �; �!� �.9. a•a ,o,,qY RI ; >.o a � 3p � m� .p0'amiY...:X_•1'• �Y°F ti •.M A� Y °O m p«p`2 Z U aY. 0ifli -- '� mm'a ��„' tm..'�. Om ma Z.�?Y3v ; YaQOwa yy a a V a � oo^,v�'do- a $ W y 4a Q'~^ ai,, ; 3 d y P'V o m aV. O k g q 3° ? o p a x m8 I pwvC« .: am. oamm qe y3qu V ° pin y Q ° tY..~m 2,007 >. « 004 O 9 . AG0.Q4•�C om, m a pm p� oo pp 7 VaoauWv Faoxp F = •�� �V//� °Q U�"papm A"v!.1¢j YF p �aap4q,L'V'�a vq'Q~ ~pai,'a�em 1a.g5 YaaQ 2gp QOaa mo~=�oi.ova ma qm91 AF"' N�O xop�:wPaS i V V 3 e «a u u p �i, �� ~.O� 4 O A • �� O O A 00 a O w ; � �•89 �».�pY„ova � 3�.9 '� V o�Y., w � � � {y� �.. ■ 8 0 00 �m� o ppVj w�V.a a O 0 2 �7 b O O ajy ° ; a 'C sq°ika. �-/j� (� >m> A q>4 T� ° W ° {p., ,qA 07 vaa� �°,� BQ '�vpyy0y a aq zOA � mm Y 0.m �m A�A_O p'O m Vol eb'r a o q ff Q C 0 T x O ^A.M O A X O p W O m ia� « .ti ^ al oo a A0 A �' a ; Yop 6aApa�"ia °A .4 am3pq «$ Y, 1 f! 1AAfKY A-W I.Q. MELCNER 11 4� 314 7011 31 II 13 n — ----- --- -- I s 1 ] sl x 1 u � � n 3 { USA 1 A. Ro as®a 12 Q -- ---- - --7 { ! ♦ M 1] 2 1 A� lA J. 1 1 f.1t�.U 1 y. surKr A-I~ REIS D. 11�» �. { 7 u s { ] 1 ARKY M 1 w� Jwo IwAO 1 { 1{ 11 if 13 IA IS N I 1 1r (� NA F v 1 I n » " 20 ' 1 1 SE N R ' I EDLI -------- -Fl 1 W HILLS um A-1JM0 1 ]I.R�fY A-177� t DAdID DOUYNIY / U 3 A I C ]1ARKY A-f*M 1 .... �. 1 DENTON _ J. HENRYI IA W. HILLS 1 TMRANT M1 x TRACT MAP 3 DAdID DOUYI�i ltaleY A-MI M 1 1 / M _ 1A I 1 IN— --- / — K -- �pN �AN4�—Z I M ` ]A: w � ! ROSS CT TR 20 2 AC I TR 2 -- I 1.00 A,; SHADY OAKS I WOpQANDS ' E c 'AG- cc / TR i TR.2 / ! 15.62 AG 1E._6 AC ! la m LAMOREAUK. WILLIAM E JR i 0 PINE OAK J i I i o I¢ � BEACHlz PEBBLE iY 13 O O ry I 3�Q -__ Irr�EHrlES� CT a ELLIOTT, FREO PAUL TROPHY CLUB TH 3 7.8 AC -- "AG" i TR 3 I -AG" OXEN, ALVIN F JR j 3.61 AC j OIEN. ALVIN F JR "AG" 00 ONN .83 AC O Dt) 4 2 "AG" Q � . � Y AC IN 2.149 OIEN. ALVIN,F JR Holly ��, EOL AC TR.1A IZ.474250 a I W M A�EY a. , A ADJACENT OWNERS -Z! AND ZONING ��_� City of Southlake,Texas ,. CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-21 REVIEW NO: TWO DATE OF REVIEW: 06/03/94 PROJECT NAME: Concept Plan for Southlake Cell Site for Southwestern Bell Mobile Systems, being approximately 1.72 acres situated in the W. Medlin Survey, Abstract No. 1588, being a portion of Tract 4 and the William Mills Survey, Abstract No. 877, being a portion of Tract 3. OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: A.F.Oien, Jr. Southwestern Bell Mobile Systems 14440 West Dove Road 17330 Preston Rd. Suite 100A Roanoke, Texas 76262 Dallas, Texas 75252 Phone: Phone: Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 05/23/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 743. ----------------------------------------------- ----------------------------------------------- 1. To avoid split-zoning the tracts, a plat must be submitted in accordance with the requested rezoning configuration. 2. Provide a graphic scale. 3. Provide a metes and bounds description of the amended rezoning request and change the gross acreage in the title block. 4. Label the adjacent properties with the owners' names, the existing zoning ("AG"), and the proposed land use designation ("Medium Density Residential"). 5. Note the existing tree coverage. 6. Provide the following table showing bufferyard planting calculations: Canopy Accent Required Provided Trees Trees Shrubs North-578' 10'-B None 12 17 58 North-100' 10'-B None 2 3 10 East-190' 10'-B None 4 6 19 South-754' 10'-B None 15 23 75 West-80' 10'-B None 2 2 8 West-90' 10'-B None 2 3 9 * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan and irrigation plan along with the 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. S 9 - cA r * Although the proposed facility will be unmanned, staff recommends that one parking space of a dust free material be provided; however, final determination of the parking requirements will be reviewed at the time of site plan submittal. * Preliminary review of the interior landscaping requirement for this site indicates the following breakdown of plantings: Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 86 s.f. - - 1 9 * The applicant should be aware that any revisions made prior to City Council must be received at the City by June 13, 1994. All revised submittals should be folded 6" x 9" and include an 11" x 17" reduction. * Denotes Informational Comment cc: MASTERPLAN, ATTN: Peter Kavanagh, 500 S.Ervay Bldg., Suite 121A, Dallas, TX. 75201 A.F. Oien, Jr., 14440 West Dove, Roanoke, TX. 76262 JRH Architects, 2001 Bryan Tower, Suite 2720, Dallas, TX. 75201 Southwestern Bell Mobile Systems, 17330 Preston Road, Suite 100A, Dallas, TX. 75252 �B�,O K- F I s ! 4 0. iiTSfS 4.�.. Q fiaa S s.0.0 X Q ooe �� •t'J i 1 �� �Y> yyX T• O ss�.•, 1M� 1 4� I .Y j c s 10 - W Y tj1 ate_ a.« a-. :�E ---— !.. - -- moY�n>t•M•i - q q 4 q 9 4 z , • q� J - Imo ••io.¢oew - b F q C PS d rid No s i E a Im �1 1 1 �d o. �tS 1 egg 1 WL"vIm dr ► + •r v LawaM Laner Lrul♦ - Sg c6Y OF SOUTHLAKE, T ORDINANCE NO. 480-1 ORDINANCE AMENDING 0 IN E NO. 480 S AMENDED, THE COMPREHEN E ING ORDI C OF THE CITY OF SOUTH XAS; G TING A ZONING CHANGE ON A TRACT 0,94RACTS OF LAND WITHIN THE CI UTH EXAS BEING RD. .. ................... ................. ......... ................ ..... ............... . . ........ COMPLETELY DESCRIBE IN EXHIBIT "A" ROM .. fir ' TO ­ ................................. .. ......... SUBJECT TO THE SP CIFIC REQ MENTS CONTAINED IN THIS ORDI C O TING THE OFFICIAL ZONING MAP; PRES,,ERVI ALL THER PORTIONS OF THE ZONING OROIN C TERMINING THAT THE PUBLIC INTE T 0 LS AND GENERAL WELFARE DEMAND THE ON CHANGES AND AMENDMENTS HEREIN MA E; P DING THAT THIS ORDINANCE SHALL BE C ULA VE OF ALL ORDINANCES; PROVIDING A VERABILITY CLAUSE; PROVIDING FOR A PENALTY OR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE D EREAS, the City of Southlake, Texas is a home acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as 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 CAORMZONING\480.123 Page 1 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 (W for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the.City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C:\ORD\ZONING\480.123 Page 2 S J?j--Rs Being :: .: acre tract of land situated in the :: `': ::::::.i.;;r�?;ii•'k••:}}}:jryirx:::s�'-0:•::i•^:•i::riff'�;iin4.v,•y:::::::\-.v::::::::::::w::.:�::::::.............................v x.:::.... :..:.:... �•:i::.. .:1 � '� ���.:::.:.:':r-�:��""`':•'.:. ��'�' ����and more full and com letel descnbed in Exhibit "A," attached hereto and incorporated herein. "},"iL: '�i:;::"}•ii:-i •:: •i:-i:•iii:•:': •• 'ji:•:::.::......•.....:;1::.i::i:::;:i:t:ii i:•:ii:-is-::-:: '::i:.ii::•.......ii:.i:.i:•ii:".i:.i:.i i:.i:.i'.i:.ii'ti:•i:•:•i::•i':i:•ii From �k ' ��to " `:> t 7t ;; i E t .......:. ::::::..::::::::::: :: :.::::::::: :.::::::::.::::::::::::::::: :::::::::::::.::::: .: :; :i::iSY:•ii:4?i::;i:;ii:;:j:ii:}:i'riiiiiiiiiiiY?i::'?iii:iiiii":::i::i::i::i::ii::'::{j:::r.:{::y::i'ri::i:>ry::n:j:i'i? ii::::iJiiiTiii::iiiiiii'•;ii'•„':2 i::;� `•y»Y{.:vi. '::i::i:::' :i: Y :::i::::::j::fjt►«:: /�{'► P .:.::.:::::::::::::::.:.:::. :::::.::.::::::::::::::::.::::::::::::.::::.:::. .:::....:::................. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and (low complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this C:\ORD\ZONING\480.123 Page 3 ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY CAORMZONING\480.123 Page 4 TSB-- i S APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORMZONINGW80.123 Page 5 EXHIBIT "A" Being in the William Mills Survey,Abstract No.877,Denton County,Texas and being part of a 51.95 acre tract of land described in a deed from Gerald F.Heffley and F.O. Heffley to A.F.Oien recorded in Volume 4823.Page 575 in the Deed Records of Tarrant County.Texas and being part of a 4.75 acre tract in deed recorded in Volume 4576.Page 446 in Deed Records of Tarrant County,Texas,more particularly described as follows: A point being the northwest corner of a 4.75 acre tract of land described in deed recorded in Volume 4576.Page 446 in Tarrant County deed records,the PLACE OF BEGINNING; THENCE East 577.8 feet to a point for corner; THENCE N 00° 14'01"W 557.24 feet to a point for comer; THENCE S 89°33'36"E a distance of 100 feet to a point for comer THENCE S 00° 14'01"W a distance of 657.24 feet to a point for corner; THENCE West 125 feet to a point for corner; THENCE North 38 feet to a point for corner; THENCE West 50 feet to a point for corner, THENCE South a distance of 38 feet to a point for corner; THENCE West 502.8 feet to a point for comer; THENCE North 100 feet to the PLACE OF BEGINNING and containing 2.7 acres of land. CAORMZONING\480.123 Page 6 SB l EXHIBIT "B" i . wrnc I �: 1 ' F PT OWN WA ° e o %III s o t a ' W 4 W k O v � E a aa �E S 16. se O I gy a I =tS j 8 a tk CL 1 •M b\]••l•w .Lam•r01.1 Ordinance 480-123 Page 7 City of Southlake,Texas MEMORANDUM y May 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-37 Concept Plan/Highland Meadow Montessori Academy REQUESTED ACTION: Concept Plan for Highland Meadow Montessori Academy on property legally described as Lot 3, Block 1, Chivers Park and Tract 4H, A.H. Chivers Survey, Abstract No. 299. Note that the applicant has requested a variance to the masonry ordinance which requires eighty percent (80%) of all exterior walls to be constructed of a masonry product or glass. LOCATION: 1060 E. Highland Street OWNER/APPLICANT: Highland Meadow Montessori Academy CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Four (4) RESPONSES: Two written responses, outside of the 200' notification area: * John W. and Nancy S. Jackson, 1240 Post Oak Trail * Marilyn McNamara, 700 Oak Hill Dr. P & Z ACTION: May 19, 1994; Approved (5-1) subject to first Plan Review Summary dated May 13, 1994, deleting item #9 requirement of a masonry product and deleting item #12, accepting Applicant's commitment to tie together the two horseshoe drives with a fire lane and label the drives one-way on the Concept Plan. SPECIAL ISSUES: Note the applicant's desire to have four (4) drive accesses on Highland Street. Staff has recommended eliminating two (2) drives and has provided two (2) alternative designs (Exhibit 'A' and 'B'). As noted above, the applicant has requested a variance to the masonry ordinance to allow a frame structure with white siding and red trim to match the existing buildings on the campus. STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated May 13, 1994 with the exception of those ; items addressed in the attached second Plan Review Summary dated June 3, 1994. KPG/bls ��• ,,4 HIGHLAND MEADOW 1060 Highland Street southl` MONTESSORI ACADEMY Phone:(8]Texas 88-2138 April 25, 1994E l City of Southlake APR 2 51994 Planning and Zoning Commission 667 North Carroll L-fti L I LL51 S LV Southlake, Texas 76092 Dear Karen, Enclosed you will find a Concept Plan Application and the plans for the replatting of the one acre and four acre pieces of property for the Highland Meadow Montessori Academy. Since we became independent of the Selwyn School in 1990, we have been in the process of consolidating the property into one unit under the school's name. We have finally been able to do that, but, it has just been finalized in the past week. Therefore, we have been in a time crunch to get the surveyor's plans done. They donot have the page and volume no's. on the ones we are submitting to you today, but, per our phone conversation, we will be getting the revised ones to you as soon as they are recorded. I know that you are more than familiar with the rapid growth in Southlake. Our future plans after the addition of the building in 1990 was to add another building during the school year of 1995-96. However, our enrollment in the upper elementary grades, (1-6) has increased this year so much that we desperately need to add that new addition for the 94-95 school year beginning in late August of this year. We are also submitting to you the concept plan and application which would enable us to have the building in place for the opening of school in August. We realize that we again are running against the wire, which we promised we would not do again, but, it just �'� happened that the consolidation of the land and the enrollment increase all came at the same time. The Planning and Zoning Commission and the City Council's review of our plans and acceptance is vital to the school's future. We feel we have become a part of the Southlake community and appreciate your attention to our welcomed, but unpredicted problem. If I can be of help answering any questions, etc. , please call me. The Board of Director's and I will be available at the zoning and Council meetings. Than], you, 1/- - Pat McCormick, Administrator HIGHLAND MEADOW 1O60 Highland Street Southlakc,Texas 76092 MONTESSORI ACADEMY Phone: (817) 488-2138 �w 7on May 2 , 1994 MAY 0 21994 City of Soutlilake Planning and Zoning Commission 667 North Carroll Soutlilake, Texas 76092 Dear Karen, I am writing this 'letter as all ammendtilent to the letter I enclosed with a Concept Plan and Request for rep latting of the Highland Meadow Montessori Academy property on April 25 , 1994 . I failed to address the question of the exterior finish of the proposed new classroom building. in keeping with the exterior design and the same overall appearance of the buildings on our campus, we would like to request a variance of tiie masonry code for new structures and be allowed to continue with the frame building wit—h wiilte siding alma Led T'il. � 1 In 1990 , when we added the classroom building, we were given the variance for the siding, and we would greatly appreciate the consideration for this building also. TlianIC. you, l Pat Mccormick, Administrator Highland Meadow Montessori Academy 1240 Post Oak Trail (W Southlake, TX 76092 May 5, 1994 n [MAY 0 61994 Southlake City Council Planning and Zoning Carroll Avenue Southlake, TX 76092 ATTN: Karen Candy Dear Southlake City Council: Please support the granting of permits and zoning changes required by Highland Meadow Montessori Academy that are necessary to ensure the completion of our new building by late August. Our daughter goes to Highland Meadows Montessori Academy (l A0,4A). She will be entering the 4th grade this fall. Next fall will be our 5th year at IIlVIMA. During these 5 years, we have been supporting the school through tuition payments and other financial support, as well as with donations of our time. If the building is not completed for the beginning of school, we may be forced to enroll our daughter in the Carroll ISD school system. Other parents of students in grades four through six may also be forced to enroll their children in CISD if HMMA cannot accommodate the expected growth in the Senior Elementary class next fall. This would further stress the overcrowded conditions CISD is currently facing. We appreciate your help in expediting the approval process that will allow 1 IlVIMA to complete their building by late August. Sincerely yours, "4 Nancy S. Ja n NSJ/nsj/hmma9401 (aw FC- C4 Q2� �C-Pci s � 5 4c .s LA r � WWII PAM fell ■�/��,, G.�--m W tu:o TR 4A i 7.3 AC / t 050 ` 0 - 560 91 199 3.0 "AG" _ TR 4F3A O 340 3t7 PAR "C-3" 4C TR CNS �J 026A / 4F4 i6 AC C 1 .534 � 1 @ CS 4.623 @ " ° -� "C-3"; PLEASANT HILL CHRISTIAN CH, HIGHLAND GROUP JV, TR 4F2 12.0 AC HIGHLAND GROUP JV, 3 2 3. 8.94 @ / ts1 16 "AG'1 1 T 4H TR 4G C 1 .0 AC 70 BROWN, J D V 25 178 -NO 3fl 3 4 - t6o5 -� 320 PROVIDENT MUTUALLIFE INS CO, "C-3" ARR 01j, TR 1C I 5.0 AC 11A � 1 J H?E,� �95 q I � A TF TR 102 101, ADJACENT OWNERS .80=AC .4 Aj AND ZONING ��_� ! 116 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-37 REVIEW NO: TWO DATE OF REVIEW: 06/03/94 PROJECT NAME: Concept Plan for Highland Meadows Montessori Academy. 1060 E. Highland Street, being 4.8003 acres situated in the A.H. Chivers Survey, Abstract No. 299 Tract 4H and Lot 3. Chivers Park Addition ,OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Highland Meadows Montessori Academy Williams Scotsman 1060 East Highland Street 1521 N. Cooper Street, Suite 200 Southlake, Texas 76092 Arlington, Texas 76011 PHONE: (817) 488-2138 PHONE: (817) 461-1702 FAX: FAX: CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 05/23/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 743. 1. Correct the graphic and written scale to reflect 1" = 20'. 2. Include the existing site into the concept plan as indicated by the plat revision submitted with this application. 3. Change the zoning on the site (Lot 3, Block 1, Chivers Park Addition to "CS." 4. Provide the property owner's name on Lot 2, Block 1, Chivers Park to the East. 5. Provide the zoning ("C-3") on Lot 4, Block 1, Chivers Park (approved Preliminary Plat) to the West. 6. The "CS" zoning district requires that eighty percent (80%) of all exterior walls be constructed of a masonry product or glass. 7. Provide the following table showing required bufferyard planting calculations: REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-408' None 10'-C - - - East-249' 5'-A 10'-C 2 5 20 East-275' 5'-A None 3 6 22 South-433' None None - - - West-440' 5'-A 10'-C 4 9 35 8. Show the actual fire lane width on the existing drives. Increase the fire lane widths to 24 feet on proposed fire lanes. 9. Staff recommends that the;site be limited to two drive entrances onto East Highland. See the attached exhibits for other alternatives. * It appears that the parking requirement has been met, based on classroom use only. It is understood that no assembly area is proposed. Final review of the parking will be determined upon submittal of the site plan. This will be based on the square footage by use. Note that all parking areas shall be constructed of a dustfree, all weather surface material. * Although not required by ordinance, staff would appreciate placing "Case No. 94-37" in the lower right comer for ease of reference. * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the 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. * The applicant should be aware that any revisions made prior to City Council must be received at the City by June 13, 1994. All revised submittals should be folded 6" x 9" and include an 11" x 17" reduction. * Denotes Informational Comment cc: Highland Meadows Montessori Academy Williams Scotsman 9C_c1 - II JI I � 1 L i w I I i - cum" I Cu[(w.r1alM[I1D .f t(CatrtKa 11fY (•ll rNU • 7NlC 14-4 Y.Y[.Il..YL Y/tfwaV. L ].rMll IMIa[ Iy �—[ . f ll tuT lw.r. aa.snv.f,wcric ' ` MEW YN4 rll..[ L MI. ]tip• ' I w[w. wL, %:da:bidri wi=i t 1 lan n....r.[ •[, 1 r...a..•../f. FI T..ttw.c »•.ku«. ! �wY M W ti ,.4 t.MEIt 1 I.LLLL 41( J J f I � • WGHEAMD STCEET a Ij � I A IM I I ' I i I � L ♦� I a I t� I • WtarL M41a/1� 1 CNtp.•4 y ; Tw•aL aI•.!� 1 aR.CfK� ear •.a r...a t _ // V.M MaO'.•aM. � � • t I - a.+u aaa�s•wavc i IM[W r•N ltaK = .wlV Jai/✓ ' t -- -I i 20 •.mot 13 i i +.ca.•.' i w' i ! I i ' J+!GHE AN9 SiCEET - _ � A9dewtryST CHUW1 �1'I -use nCD 5E 1 I I I 1 1 I Ip It U 1 I I IN n / I f I I I N .n•u-.1 ...I� L—E_f— __1 1� I YlM f.l I,l\l i 1h,Ift Lwl�—�1 �i ; F;l sSW An.. 4' 1 PIA.tA.w Im,Ir MIU\M I Is a W V I � YlN MM/4M Dlna\NL #iM' ' l \ •, . ilJi:f:ilMr A►i� L/J a. •Mw- � I i I4GNLAN9 STREET ZLJDU- t N MMUL y DDT . Tta9nnlVtl/N "•••'" LOCATION MAP l W Ewx Sa'I bIl \oY M..w rA wL s w{ 1 l w el.sa• rw r� W4 C6c- IZ CAse No• 94 37" w.e+w .L wa � f v (, City of Southlake,Texas MEMORANDUM May 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-38 Plat Revision/Highland Meadow Montessori Academy REQUESTED ACTION: Plat Revision of Lot 3, Block 1, Chivers Park Addition, and Tract 4H situated in the A.H. Chivers Survey, Abstract No. 299, and being revised to Lot 3R, Block 1, Chivers Park Addition. LOCATION: 1060 E. Highland Street OWNER/APPLICANT: Highland Meadow Montessori Academy CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Three (3) RESPONSES: No written responses received P & Z ACTION: May 19, 1994; Approved (6-0) subject to first Plat Review Summary dated May 13, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated May 13, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated June 3, 1994. VA--1 KPG/bls (awl C AW PF\MEMO\CASES\94-38.PR F NOW 0r �►� • rr _r � �© ©ilia :�� ---- �.� � � ��:� ■ still ©III 111111��► :� � ii� ■�Rm■w ■■two nil 1 6 1r; 1 ,il� ` , 10:o I 1 2 U .r �. TR 4A 7.3 AC / �.� 1050 S60 91 199 740 4 "AG" _ " TR 4F3A w 3-0 317 PAR 11C-3TR " A I 4C / F4 36 AC C 1.534 1 1 @ CS 4.623 @ " " "C-3111 PLEASANT HILL CHRISTIAN CH. HIGHLAND GROUP JV, I e TR 4F2 „ 12.0 AC HIGHLAND GROUP JV, I 3 2 3. 8.94 @ 16 "AG" /// T 4H TR 4G ! R 1.0 AC to ` BROWN, J D - ----D B-f}D -NO 30 3 - - _r f6o5 PROVIDENT MUTUAL LIFE INS CO, I 3zu "C-3" PARR 0tj, I 5TR 1C .0 AC 114 ap ND) ALj- Y g5 A I 3 to ADJACENT OWNERS T801AC i0t 4 AND ZONING ��� _3 9 116 � City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 94-38 Review No: TWO Date of Review: 06/03/94 Project Name: Plat Revision - Lot 3R Block 1 Chivers Park OWNER/APPLICANT: ENGINEER/SURVEYOR: The Montessori Academy at Southlake Wendell Hancock 1060 E. Highland Street 1721 Haltom Road Southlake, Texas 76092 Fort Worth, Texas 76117 PHONE: (817) 488-2138 PHONE: (817) 834-6243 FAX: FAX: (817) 834-6245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/23/94 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 TOM ELGIN AT(817)481-5581, EXT. 753. 1. Please move the deed restriction statement to the end of the owner's dedication paragraph prior to the owner's signature. 2. Verify the width of the existing R.O.W. of E. Highland Street at the southwest comer of the property. (Our records indicate the existing R.O.W. to be 64' prior to this plat - 32' north of the apparent centerline and 32' south of the apparent centerline.) 3. The R.O.W. dedication along E. Highland Street should be 67' from the north line of the One-Fourteen& Carroll Addition. Reduce the R.O.W. dedication at the east end of the pro�ertv to follow the offset dedicated by the One-Fourteen and Carroll addition Correct the net area of Lot 3R to reflect this change. (Please refer to the first informational comment.) * At the time of the original plats of Chivers Park and the One-Fourteen and Carroll additions, the Thoroughfare Plan indicated a 64' R.O.W. The Highland R.O.W. was increased to 70' at the time of the current Thoroughfare Plan. * Original signatures and seals will be required on each blackline mylar 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. * Denotes Informational Comment cc: The Montessori Academy at Southlake Wendell Hancock w an 1i3 Y e }3I UP, � h f_as3==;' 33'= tssi i ^ lgi' ti 3 yy.-si - •s` ma's ° :1#i �s s zI :` 121 z �s a �a' _ £� ��•e; � � { a ihn 9' x i•._ i f3 ji. j= lwia3 i `_ x � =�I�;�€!•!•l � #ak '3^tk�s 3 '3i' o 1 �a;ttjJl. 3=3=s1.21 4. ! (k a • sk s^ 3.kL 3! i:i! I *>�7d. u 33I�:� ='•3i3:3?���}�. �ggiiia�s_�i: � - � s ��s3 s �= �� *i sk �lsii}s=assa; l... Put Jim ! ak $ '-k2 :�3 ° �• `�`i � �ac: , s f k = . .. i e>;�i=,l 1=l:si�=1kIki33 i�3}j •"= as i• j a > �� �, L s �� �aeli�in:i?l�ki3�=ii� $�=��=�iF��.i��3f3 Q :i� •i ek ���:�: • v V �v e�� ` a 3' ; C�3;:s3is s�ka1!Nlif g. kki� �INil ��:l3 � fils _taai3a13Yis3sfs.-E��i.13�3 i�3ij }st �+ if�if3i,. ii3 ! F 3• s 3. also �• p a3 l "'l5a 13 �333 �sa�33; i�ki3�3�3lk !!•!: ! s a =1s3kj33s3kis -_ } e•saii l;; 3li } 3j33!_ ask. risk ikz3 s ks :3kk:3lHi2i -I a 12, • j�� s�J »elii>P' s•.•7.vim ^�> v � I 5• �i I 97ir � I oe. = lip—_ �'� `• i i •� ! 1 LC, 'Sc p � i15 ti• 2 "��'' �41 It 6 I 1• l►NY)J City of Southlake,Texas MEMORANDUM May 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-39 Rezoning Request/White Chapel Place Ordinance No. 480-124 REQUESTED ACTION: Rezoning for a 13.729 acre tract of land situated in the Hiram Granberry Survey, Abstract 581, being a portion of Lot 2, Block A, White Chapel Place Addition. LOCATION: East of South White Chapel Blvd. at the intersection of Lilac Lane and Pine Drive OWNERS: Wanda Pulliam and Deloris Ann Pearson APPLICANT: Stephen J. Bezner CURRENT ZONING: "RE" Residential Estate REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: Received four written responses: * John Koster, 250 Silverwood Circle, in favor. * James Branton, 6115 White Chapel, undecided, would like to have more information. * James & Mary Jo Zanaboni, 811 S. White Chapel, undecided. * Jack & Barbara Rudduck, 217 Lilac Lane, opposed, concerns are: no buffer, road on fence line, pond overflow due to landscape change. P & Z ACTION: May 19, 1994; Approved (6-0) SPECIAL ISSUES: Prior to recording of this plat revision, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the size of some lots may have to be increased in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. City of Southlake,Texas Note that the nearest public sewer is approximately 550' to the East in the Timarron development. KX� KPG/bls C:\WPRMEMO\CASES\94-39.RR c6E_Z i I ENRON V MR gg IN I ■Eire 1-� ��►� 1 oil LIM � i WE EWAN NINO oil art 4 I Fm, FOR • t n GM I.. �- R 1.0 AC x I TR 2A1 TR 2A10- 3 1.93 AC 84 AC �« « TR 2 TR 3J sTR2A1A s ,w .97 2.5 AC TR 3F (� AC (3.23 A)3 (1.00 AC) I0� iR I��v 12 � 2R1 1.0 AC W M _ \_ _ l sTR a l7 TR 3H 1.0 AC -P 2 G . 15 5 2R 4 E A 1 TR 36 32AA5 I PINE CT E 2.0 AC PINE ACRES C A .r.., �9915 EEK T TR 2A ' TR 381 6 3 1.0 AC G QI� 3 TR 3E { .73 AC nnt« _« ANDERSON. WILFRED l'0 T� 4 F 1 A�jBEA TTON I NIG T a G Q i ,eg Aa Pi SpyNNO 58 596 "SF-lA" 1 "AG" AA a HEYNE.ROY $ TR 2B1 O nA a y - "AG", 4.0 AC A '� U TALLEY. SANDRA 3 Q 581 TR 4 ] 2 I ].63 AC z E ,« "AG" TR 48 I LILAC 4.5 AC BRANTON. JAMES I 2 TR t I 2C3A s I s 45 a« L — — J AC « I CEORAS. KEITH (0 3 � RE � m I� 53 2 "p'G" TR 2C2A OD M TR 2C s TR 2C3 7.0 AC 4.0 AC UOOUCK. JACK 3.54 AC O L) 4A1 RE 4A2 .99 @ 1.44 @ 1 ZANABONI. JANIE t F RE i 461 4B Of EPENBROCK. 0 - ' KOSTER. JOHH ,u MANTOOTH. L C .� "R-PUD"22 '_ 21 20 19 18 g 17; 1E TR 58 23 '] 6.0 AC £ HUM14. R .. C +o n "AG" �� ,,. SIIVERW000 CIR 24 ., « N. O: .raa 0 Thomas. Dales '« l 5 6 8 9 a TR 5C I ! I 25 s - « - = x :0 AC J N= w > 26 4 3 1 cn ADJACENT OWNERS AND ZONING u C Ig T W le ma W0 aj •Y� �stl� { � a Sa `! a� =t= al - o • W o z 5 a� I s i Sf » O eta, <= O 1 E O a •:1 01- lxv, e! g! z _s { Q < '! W � E ,�� O a s �i i(E 1 j�{ �t �i 1� it p N �I ui ^ g sl -- � -Y � 1 �j QR � � 2 PI �3 Ad K t N9=•39.00•E 641.2= .. Wi It .......... . ..... r :.9 � 77� 33 � R _ 31-ov p3 ytyp '�1 W N I � 4� _ I • ��__�f.�Y.Y 11Y.. Z ��i �C Ro w - y� �q d z No b 1 IN1I13S13 ,r _I -I. �L. N,OISOdOii 0350dOtld 1 -K�;_1---------- ---- ----- -==---- -------------------------- --------------------a - f- I I I Jai 20 III K� _� O» 2� m i N I Ip O. O N a L Q 0 erl No ` I W I„W owi ono '+ E{'Oli 6'rSi N ei 'I N /� O W '�tFi ti Ri 3A1110 3NId ---------------- -- z i A!, VI a ''' �� II t• �1 - JI $o Z o vai w Qm _6 f I I q ti 0 _ g o Wx o ,-;,s --- - - -- - - - ----------------------- - ----------- zL- -� F � � 1 b• ,11 y� �0 AM►rs,y�jL1 0 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-124 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 ... ....{...;+...xxn.,.{.v:•. . u....}}.}};.;v;..,n.: .n4+::•i::?;i.:::::...........:.{.ii}:h:•is4;.}:•}:?•ii:•4{:?:•.:.•::::^ti:iYi:iT:}?:f::+. =, .;..;,?. ?•: ;.:% :.:. ? ..:it�Fl}+ n:; ;}.;:'{iti:f:��i1j� {yyJ i/ .N: •;G. ' .. �.i. •.:: •{N�R��•.r•: .•.•. :'}::ilM. �. ?+•::i'�:if�l: •Y•�'1, +•`.: ,fit �: 'Q: �<`.+.:.AND•.:+...•MORE`:::.:FULLY??::.:AND;?::::.:.:.; ......,,;` ,,+.;;,;,•x COMPLETELY DESCRIBED IN EXHIBIT "A" FROM # # -10 :.... TO SUBJECT TO THE SPECIFIC REQUIREMENTS •CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and ............................................ WHEREAS, the hereinafter described property is currently zoned as " d € Et 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 C:\ORMZONING\480.124 Page 1 SE-Cp damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C:\0RD\Z0MNG\480.124 Page 2 Bein acre tract of land situated in the .:::::g.::;:.;:.::;.;:.;:.>:.;:.;:;:.;:.;:...................................................... and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From ::;>;: tq to :::: Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 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, C:\ORD\ZONING\480.124 Page 3 whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY CAORMZONING".124 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.124 Page 5 EXHIBIT "A" f3EG@M at.a V2'iron rod set for the moat northerly Noritwost owner of sold Lot 2. said-rod deo being the Southecst oorner of Lot I of sold Addf1on lying on the-Weat right of-" the of P1ne Mve (a variable right-ofwO odd oorner..dw being on the Borth Ins of a-026 more hnQresalagroas'troot-of lord oonveyad to OsWU kn Pearson recorded In Vokxw 9M Page 2385 of the Deed Reoords of add Canfyi. Tim dong-sold Yost Oght--of-way the South of or 29'fost o.dta'tbvw of )OW feet to a.Vr iron rod set for earner on the Mtnriectfon of aolq.;Most r{ghf-otway the and, the South r%hf-of-way line-of Lnoo tone (a vd-sow rijst�ol-raphi THNM dong aotd South rtght-ofway the due East o. datonoe of 2W.teet-to-a.VP iron rod set.for the-most soutt -y Nocttw&..00rnor of aWGd d Litt.21 Tma clang -fhe East property fine of said Lot 2 donp at ferias:soft W 4P33'East, a-dfatonos of 8M42 feet to a.1/24 km rod found; TFf 4m dong-the South Property One of acid Lot,2 South."*231.5r Fast,dong a fenoe,.a dtatanos of 658.69 feet to a 3/8'Irm rod found .for oomen 7HDM dung .tt* most east" Weat property the aong and near a fenoo of odd tot 2-Nor"th W lY 08'East a dstanoe of 659A9 foot to a-railroad tie fence oornef.post found; TNE]ICE dory a fence South 8T 17'V Weat a diatnnoo of 23.00 feet to a t/2'L0.P1pe found for oornen TOM dong the most resterty Neat prowty t(ne of add Lot 2,dong a fence North 00.54'W East a dlatanoe of 25L35 to a fenoe oorner pow found for #4 nor-thvert corner of Nat-2,dw being the southwest oornar of.lot l of_sold oddltl" TiM dopas ftv mold Weat Me North 8r 34'00'East a dtatmoe of 64L28 feet to tM PONT OF MUM and oontafning 598,034 agws fsef. or 13.729 oores of lad. C:\ORD\ZONING\480.124 Page 6 gC-�( City of Southlake,Texas MEMORANDUM i,May 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-40 Plat Revision/White Chapel Place REQUESTED ACTION: Plat Revision of 13.729 acres situated in the Hiram Granberry Survey, Abstract No. 581, being a portion of Lot 2, Block A, White Chapel Place Addition and being revised to Lots 2R-1, 2R-2, 2R-3, 2R-4, 2R-5 & 2R-6, Block A, White Chapel Place Addition. LOCATION: East of South White Chapel Blvd. at the intersection of Lilac Lane and Pine Drive OWNERS: Wanda Pulliam and Deloris Ann Pearson APPLICANT: Stephen J. Bezner CURRENT ZONING: "RE" Residential Estate REQUESTED ZONING: "SF-lA" Single Family Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four (4) RESPONSES: No written responses received P & Z ACTION: May 19, 1994; Approved (6-0) subject to Plat Review Summary dated May 13, 1994. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated May 13, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated June 3, 1994. SPECIAL ISSUES: Prior to recording of this plat revision, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the size of some lots may have to be increased in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. Note that the nearest public sewer is approximately 550' to the East VIP-- in the Timarron development. KPG/bls Gam_ k Spun RA\�1�111► © �. 'Ilia ..�. ��//sue■ - ■i���11�■1=11■■I r tiao•• Foil loop MOM 1 �• • •. n 1.0 AC x s TR 2A1 TR 2A10- ` 3 V 1.93 AC .64 AC .w TR 2 sTq 2A1A s .97 TR 3J $ I ,w 2.5 AC. a s TR 3F e00 AU✓� AC (3.23 AC)4 23 (1.00 AC) to iR 1225 I^ 2R1 T 1.0 AC UJ M _ _ _\_ 0: _ _` XTR 6. TR 3H 1.0 AC r ` 2 ES 5g5� 2R f'1 \J 4 G J1 O E PIN 32A I PINE CT E TR 3G z.o AC {� PINE ACRES C R ,t.., - TR 2A - 3g915 REEK A TR 3B1 '(N 3 TR 3E 3 1.0 AC G P R Y .73 AC R J TA 4 ANDERSON. WILFRED 6 1 S46, TION I olc T NNo AG 58 59 "SF—IA" .. " O _Up ARE AAY - A S4 Q HEYNE.ROY $ TR 281 "AG"I 4.0 AC v A GG U V E I TALLEY. SANORA M 3 QQ 1 5U1TR 4 2 1.63 AC I E ,w "AG'I I :w LILAC TR 4B s 4.5 AC BRANTON. JAMES I 2 TR s - I 2C3A A 45 ew L — — AC i w I CEORAS. KEITH t0 3 � m RE I NIT 5� 2 "AG" TR 2C2A I p TR 2C s TR 2C3 _ 7.0 AC - 4.0 AC - 000UCK. JACK 3.54 AC I O U 4A1 RE 4A2 I .99 @ 1.44 @ ZANABONI. JAMIE t I RE 4B1 I 48 I OIEPENBROCK. O KOSTER. JOHN ne I .)oa MAN7 R 5. l c ..� "R-PUD"22 _ 21 20 . 19 18 p 17 1E TR SB 23 6.0 AC HUMN. R w w a "AG" SILVERH000 CIA 24 » w w w. ¢ t,oe O Thoau a Daleu - •" 5 6 0 TR 5C / 25 s .w - _ E £ 10 AC I e, w = 26 A 4 3 2« +, rJ+ 1 y ADJACENT OWNERS AND ZONING 8r-3 City of Southlake,Texas PLAT REVIEW SUMMARY ' Case No: ZA 94-40 Review No: TWO Date of Review: 06/03/94 Project Name: Plat Revision - Lots 2R1 - 2R6. Block A White Chapel Place Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: Wanda Pulliam & Deloris Stephen J. Bezner Lichliter/Jameson & Assoc. Ann Pearson 1111 N. Floyd Road 1420 Mockingbird Lane Rt. 1, Box 97 Suite G Suite 300 Keller, Texas 76248 Richardson, Texas 75080 Dallas, Texas 75247 PHONE: PHONE: (214) 231-7378 PHONE: (214) 630-8867 FAX: FAX: FAX: (214) 631-8428 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/23/94 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 TOM ELGIN AT (817)481-5581, EXT. 753. 1. Provide a line for "date" on the courthouse filing record note. 2. Please make the following changes with regard to the legal description: A. Provide current owners' deed references in the preamble per the standard format. 3. The following changes are needed with regard to easements: A. Provide a 10' U.E. for the overhead electrical line crossing Lots 2R5 & 2R6 or a letter from the utility company saying an easement is not required due to future relocation or removal of this line. 4. Change the name of Pine Drive to Pine Court. Additional R.O.W. may be required for acceptable alignment (on or off-site.) 5. Please move the deed restriction statement to the end of the owner's dedication paragraph prior to the owner's signature. Cl (W * All due taxes must be paid prior to filing this plat in County records. * The sum total of accessory buildings on Lot 2R5 appears to exceed the 1000 s.f. maximum as per the regulations of the proposed zoning (SF1-A.) No additional accessory structures may be constructed prior to obtaining a variance from the Board of Adjustment. * Prior to recording of this plat revision, approval of final plat, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the size of some lots may have to be increased in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, and off-site grade-to-drain permission. * Denotes Informational Comment cc: Wanda Pulliam & Deloris Ann Pearson Stephen J. Bezner (W Lichliter/Jameson & Assoc. <62 � _5 z z VI <.0 z 0 o---F'- "-.:'o a -U o F0- 5L to gg Z 0 IL cr N f 1 Liu c IL C40W j m >--Z it r 7: if fit if if a itsN-88- -------—--------------------------------- ------------------------------- -- Rj� .... ....... .............------------------ -------------------- ..................... ----------- -------- ---------------- ----------------------- ---------- sit 12 5P fe 4j 01 II a;.-- T—M Fz if MIT—z� ---------- --------------—------------------------- ------------—----- r3 (1W _hoar ' 8F- U A-Ft I�11T May 25, 1994 3409 Heritage Oak Court Grapevine, Texas 76051 Honorable Gary Fickes Mayor, City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Dear Mayor Fickes, Thank you for your May 24, 1994 telephone conversation with me regarding the proposed residential rezoning of my 9 acres in Southlake, Tract 2A, J.W. Hale Survey. I have the following additional thoughts regarding this proposed rezoning: I. 1 would not have purchased this property in 1978 if it had been zoned residential because of its shape i.e. 239.5XI650.5. Residental development of this shape would not be desirable. Lots would require a 83.5 minimum width to meet the R20 size requirement which would not be practical. (This would result in a lot size of 83.5X239.5). 2. If zoned residential this land would have to be developed in conjunction with adjacent land owners. This places me in an untenable situation. If for some reason I was not included in the development of adjacent land, my land could go from a positive land value to a negative with high taxes without the opportunity to develope the land to its highest and best use. 3. These nine acres are also not considered desireable for residential development because of the exposure to nearby overhead landing aircraft and the commericial and heavy industrial activity on E. Continental and Bromlow. 4. 1 feel terribly threatened by the proposed residential rezoning and urge the City to delay this rezoning change at this time. Please lead the City to not rezone my land residential. I did not know about the Cities'thinking in 1987 to wait for a period of time to see what would happen to the development of land before rezoning residential. Please consider a further delay of rezoning again to provide time to determine the land's highest and best use which is considered to be B1 at the present but may be R20 in the future. Thank you for your help in this. Sincerely, i Norman J. Bro • R City of Southlake,Texas MEMORANDUM June 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator SUBJECT: City-Initiated Rezonings-Group #1 In February, Staff forwarded to the Commission a list of potential rezonings of properties which are properly zoned for the existing use or have no established use, but are not in agreement with the approved Land Use Plan ("L.U.P."), or of properties which have existing uses that are not in conformance with the zoning and/or L.U.P. Attached is the first group of rezonings recommended by the City Council at their April 5, 1994 meeting. Note that the properties are located in the southeastern portion of the city and are zoned either "B-1" Business Service Park District or "I-1" Light Industrial District. The City Council recommended that these properties (designated with the dotted pattern on the attached exhibit) be rezoned to "SF-20A" Single Family Residential. The L.U.P. indicates that the entire area should be Medium Density Residential. Should this rezoning be approved, all the designated properties would be in compliance with the Land Use Plan. On May 19, 1994, the Planning and Zoning Commission recommended that the entire 160 acres be rezoned to "AG" Agricultural rather than "SF-20A" Single Family-20A Residential with a (3-2-1) vote. Should you have questions regarding any of the listed tracts, please call either me or Karen Gandy, at extensions 750 and 743, respectively. 6_1 GL kp� KPG Attachment: Excerpts from L.U.P. c:\wpflprojects\lup\group_##.mem City of Southlake,Texas MEMORANDUM May 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-46 City Initiated Rezoning / Ordinance No. 480-126 REQUESTED ACTION: Rezoning request for a 160 acres of land legally described as Tracts 5, 6A, 6A1, 6B, 6131, 6B2, & 6B3 situated in the J.A. Freeman Survey, Abstract No. 529 and Tracts, 1, 2, 2A, 2B, 2C, & 2C1 situated in the J.W. Hale Survey, Abstract No. 803. LOCATION: North of E. Continental Blvd., East of South Carroll Avenue, South of Woodland Heights Addition, and West of South Kimball Avenue APPLICANT: City of Southlake CURRENT ZONING: "B-l" Business Service Park District and "I-1" Light Industrial District REQUESTED ZONING: "SF-20A" Single Family Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Forty-eight (48) RESPONSES: Received four (4) written responses: Three (3) owner responses: * Norman J. Brown, 3409 Heritage Oak Court, Grapevine, TX, opposed. * Theron A. Ragan, 1512 Rainbow St., undecided, he is against a water tower in a residential zoning. * Mrs. Nolan Lemons, 12206 Brisbane Ave., Dallas, in favor, would like to see new sewer lines installed. Four (4) adjacent property owner responses: * John P. Campbell, 218 Westwood, in favor. * Dennis Minder, 223 Eastwood Drive, in favor of residential with a one acre restriction. * Sandra Harper, 1974 E. Continental Blvd., in favor * Shamrock Pipeline Corp, P.O. Box 631, Amarillo, TX, has pipeline easement and would like to be made aware of future preliminary plats. City of Southlake,Texas One (1) property owner response (outside of 200' notification area): * Darrell McNutt, 212 Westwood, in favor. P & Z ACTION: May 19 1994• Approved 3-2-1 to recommend rezoning ZA 94-46 Y PP ( ) g to "AG" Agricultural rather than "SF-20A" Single Family Residential. STAFF COMMENTS: Should the City Council wish to overturn the Commission's recommendation, a super-majority vote will be required. In response to the proposed water tower site issue raised by Mr. Ragan, Director Whitehead will meet with DFW Airport officials prior to the meeting to discuss alternative locations. KPG/bls C A W PF\MEMO\CASES\94-36.Z C, "� 1 It �+ RLcErVED MAY 2 7 1994 CITY SECRETAR Ubnorable,Gays'! ayN' ' % OPY OW,-Nqpqr- .1'ra*Yw foryw uwak Lesisodephone conversation with me regarding the proposed reskW" Q#W*%4MWinScuthlake,Tract 2A, J.W. Hale Survey. I have the following additiorW twjgNs tltiig proposed rezoning: I i would slot hwa ps edttt property in 1978 if it had been zoned residential because of Its shape i.e. qWM Sq S n width to meetthent of this R20 size requirement pe would which wouldt be e. not Lots would require be P (Thle%*"Mu"in A lot size of 83.5X239.5). 2 if lamdtaNdAr"Ift(Mwotilldhmtobedeveloped in conjunction with adjacent land i}&Ou SNuation. If for some reason I was not included in the (d4 W/"dbl 9ofrom a positive land value to a negative with tttakind to its highest and best use. 3 for residential development because of and the commericial and heavy industrial 4 rezoning and urge the City to ►d kvtknow about the Cities'thinking r: Oflie development of land before lng again to provide time to r,r,.;� determine the tmbe 81 at the present but may �fi be R20 in the future. Thank you for your help in this,':: :+RW „' . t ne tollowing form may be filled out ana mailed to the City of Southlake Planning and 'Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 9446 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: CJ,W, 1A^LE Su QOEY i r2r--, F r,-,sh cl-t PLAN ,i Nca-,2 oN I b1 M n%o AL--so niI-'-R1\J1G FA96A.5 W1T1-1 C -ztz-p1J k. Cow-rimy-�YTALhWn QQnMLnV CON51000C-0 �o VJALAJE R�1.)L� s tin N 074M r-1\1 F kG'(' ?-A J.W. 13 iht_>= So 1zv�y F 2o1.lING 15 C-M MGG-0 `+O 1?E51p1V IA,L T STRE�.�ousL`� aGJECT , SIGNATURE: V IV ADDRESS: 3 4 D C-p 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 94-46 I am Cim� vor of) opposed to) (undecided about) the request for the following reasons: SIGNATURE: ADDRESS: Z-3 Uldlilill wan m r • N.r- {Gird t:.i7_-..,,�������� ��� _NFP11 ■�■:■ ©�rrr � �il���'I■©i1�1�1111rIr,,���.������i�� �.� • • '�'-��II �� ;��� "/A/Illll/lhl':w�ai��11�:.rW MD EADS WON r v �© �FRWA �L!�� ■�■ MIAMI Sri am � a 1 �� tJ ►�■■"-■ VG - W ■�1�i7 Wi"'� �i�i ZONING EXHIBIT 'A' OAE (� �� wd5 _. PAP — I 7 • i ................. TON, M �o SURVEY A-52 r SbBIESKI, J................. Al�' : '. .•::.::'.'.:'.:•::.'.: :.•::.'......:.5:::'::': -MINDER, D —. ... Vq.....3TF'p...... ....::::::: jLiER, p� \ x AR �.O.IB. PARKER. L iLLIAMS. R PETTY, J RAM OU D '::::{•:ir:_r:-:'.-:::':'::•:rrr:•rr::':iii'rrrr:r:•::.:.::•::'':::.:.:_: ::�:'::•:i•:::{:•:'::•r::::•:•:�::r::•:i::::'rr:':'r:'':•::'r::.•::•r:::::::'::':•:::.::'::: S R :'. fiC R . S Y L .SOIIiH[AK� .......... .................................................................................. :': : : :: :'::' :.. :'::::. ::::::.:::::::'::. LEE, K tA3 ::!�:iRA V'P•::0 ':':::' :: �:•'Y::r:S:iSrW'.': iN4 PUMPCO INC. :A�8 ......::..: .: . ' .. . •: ...'.'... ..::' ......................... .. ...SURVEY:::.14-503 .:'.'.:s�ci::.:::.'.'.':.. :..':.::.:.'.'.:.:':'::'........::::':':':':': :':':'::'::''::::':::':':::' .................... .................... .... 0 . . ............................ .......... ........ ................... ................... _......... . ...... ... ......._._ ......... ........................_..... . _:......... E L F M CORP PET RS. J ..'...' - .'..... - .. ...........:'.'.'.' C .. ..... .. :.:'.':.'.:. ......... .. -•" CLifFORD:'agAYNE:HOOD.....:•'.':' . N .... ::::. .............................'.......'. ...:..:.:'...' ':.A 924 YOL :5152;::P;`a38::,:::•::::: WY:i::fOb7ER Y ......A. VOL•4M0 MIL ER.-p ......... .................................... .-. ... . ::a:.. .. . :':' :..... '. :.:::::. :'::'.:.:. . :. :.:::::::::: :::':::::'........... IA r: a:: :....:...:.:::.:..:.':::: :': ::::f..�::: :::::.::. .... .........':':'::::..:.: :::.'::'::::::::::::::::::::: . :::::.':::A 524.VOL.. 18.P::4Z::':':: ': �rJrJ' : SIN_ :: ;fir.: . . .. ... : ::: •. ... ....... N. oe...... ....o....::.. .....z.Q .... N q$....... .....,. MEMO p .�.:tg :': .:: : .::::':o.N:.'.'.'.'..':.'..': n'.'.'.-:.'.'..'.'. INDUSTRIAL _ _ _ _ _ M U C Z �...... .. ............... ........... ............. ... ............ ............. ... ........... ............. .. ... . o.... ..........,n....... ..... a zsx... csS' 6F j : ,,, .,�.... . ...: ::::.....'::::::::. o WRIGFiT, z...... . c::.'. ... ......'. ...:::::.:: r. ( I. ..... :......"::::: .....' :i .'....':':'.'.... ::.::; MAn - - - - - - - - - - -BURGER 6 EAKINS N IA 2AV 2F 2Fl IA 6YEk, d i8U(3 18100 S, MARRON LAND EMERY. C F AQAM LANEPGI T HAYNES, § I rc iBIKi 181� W E �ORP 2f IR@ ._. �aari�. - LMOF HITT. RUBY ADJACENT OWNERS s W AND ZONING ��=soo• �, ..■. --Ann.■■a .■■■. — DOMMEal am O■■:■■■.t ........ 1■•)■■■■■■■■ — •.�..■■■■■■.I. ■■■■MMilmommomm r ' uauo.UMPO.uu_N ■■.I\O■■i�■■■I ■MEMO■■ MMUNU ■■■■■■■■■■■■' .�■MEAN■■ 1■■■■■■■■■AEI 1\\MEANER ■■■.■uoommummovir u v.■u■ ■■■■■iiiiiiiiiiiiiii■■'I■. /E■■■■■■ ■■■■■OIMF J ... ■■■MOLE■I ■■■■■■■■ ■O.■'7■■■. 1■■■■■■■■ .�. ■■■�.■■■I-.■■■■■■■■ soon 00000■■m.■ Ca ■u1 Not among ■■■MI ■■■I-,IEEE ■uuM�u■uOafi■ I . MEMO, ...■....■Omani . ;0 Omani ■EMEMMEW. t ■■■■I ■.■■■■■■■■ �` u■■■ 1� ■i.■r ■■■■■■■■■■ s_a1 .uauon■ I��:�� ..1,■Irl.i.. ■Y•■I lump. d ®8 loan ���of Era...... d 1■■■ nun '-.0 1■■■ \ fain I.E■■ ® IOO■ • • • ' ' ' ' ■ M I■■■mA■■mm■m■■■LMI '� 1■■■■ i.►O1 IrAmol IO.■■O.OL'=.,.QQ1MM..■O■■MOO.'■AEMOp a■a.■�-� Of+:OI IOM■■m..nlni p I■OM■O■MIL■■Ai■■■■■M■O■ p..I-7n►�M.OM■■ 1 IF 1■O■■.a■.■.. 1■■ma�\■■11■...■..■■■■■■■r�.Ip.■---- - ■U'll�li.u■■n■nm Ilmrgng. u■u■Aluom��-,.s- ■■Mil I■■■■mmos.■ � -- Nor O■aO11OMEnn■a.na ■o■I Iun■uu■■ --- -- usn uu■u.o■ 4� ■rr.■I laaa■.■m.m■ ■■-=01 ........... "WE lauua 1■m■■■Eu..■ ■ar�■I ■u■ ■non.l u.uuou ■.t.■I ,i.n■n■nn.■ Maul uuu■.u■ Mason b m m Q 0 0 0 a 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl N N N N N N N N N N N N I I I I 1 t 1 1 I 1 I 1 O C., G. [i. C-I cu Cc W Ca4 f 4 44 CAI G. N Cn Cn En Cn Cn V1 Cn fn m fn V] L a at a - H+i H a rl .� .� ri ri r+ ri ri H rl ri H :so I I 1 1 1 1 1 1 I I I 1 U N W W CO co m H H H H H H H r-I r-I r-4 r-I ri r-i ri r1 ri r-1 r-I r-I ro ro ro ro ro ro ro ro ro ro ro ro L 4J y JJ J-I J-) 4-1 J-I JJ 41 4-1 4J 0 O 0 C C q z 0 v R z a) a) a) a) a) a) a) a) m N a) a) ra ro a b b 10 b b r 2s b v U a) U W N W m W 01 01 al W a) a) a) a) m a) a) a) a) a) 0 a) Ix x W. x x a a a x x a a iJ a aJ iJ iJ u iJ 4j u u iJ aJ d U W m m W !a O m q q q a C G v G a 0 a a a) a) a) a) a) a) a) a) a) a) a) a) A A A A A A A A A A A A 0 S E E 5 E? 5 5 Es @ B E4 A � a � � a 0 0 � � a :j •ri .rA •ri •r1 .14 •rl .11 .14 -rl —1 -r1 —1 a b b ro b b b b 'o ro rd b ro w v v a) a) V w w Jv w a) w > > > ,qO al U d q W fA a)U PO a N H a 3 ,� ri A 1d1 $4 O 10 ri •ri 4.1 E+ 0 O Id d to H L EI N H d m d Cn> a w u iJ � a) y ri Id 4J a a s �i w 'd -rl a a (d ,-) w 'd w ro a o ro 3 O 0 iJ 0 a)A 3 m 3 0 >Z G4 0 E Nrn ,oqa) 0 a a 'v a Ao0 ,0q �+ aa) a ILni3d cirt0 x Uo1' ; uw i.X Q� qo m4) �a ai '� a(d rI +i1-4-14 a) a a A•rI a U •r ? +i•r1 It ri - s 0) a d x J, °i CO o•01w o o d d A.) d H ri rl o (da u � � ux a a a ° uok 00 mro E po x m c In 00 qUB - 1w 0 -H Ln m U H m IC 1 aSolE L WIn d dN r - aJ 0 ri N 1. d O 10 OH 0 H ri W M n Ga H H a H aJ aw W a 1J '14 N a) a IQ Q N N U 0 a) a Pa O H rl w N m ) m H U 0 N 4 Ow a w (dO a l Ul aJ U +i U 0 H aaJ > UH VJ.) UaJ vUU Oro OaJ > a tJ aJd UaJ aiE rtwH0Oro0UO 0mbW OOrt%V tl k1-4 0P N 1Wrt H a) H W H H H 'd H 'd EI EI 'd 'd H H U b H H m ?I E. 0 43 E• +i p +i -i +i E• V N id +i .C1 M a! 10 01 a JJ In 0 � MN al - 0MM m alO 0 N w ■N of U r•C m M O o in rn a M a o o a a o t a M In p ri m In a C1 93 aza OD a � a . is waa 048 d� 'vaz �Ln 43 'd x .i 'd 'd • 'd 'd r; �� H I0 m H� iO4 ba Hv ra O 0 •JJ 0 In ri CV •1J +i r m b)rn 3 -M a No $o $Nw 3 3L 31n a mN S 30 of Ori d doN 0 m d d da d dN 0 0 dr1 d a z� aao aN ecn OH a� aom arI aw a I � 1% 64 aao Y U a ri ri ri ri N N N N N N N N "I a1 c N a a a a a a a a a a a a w m a W n O y a 4 Y U Y O N 6 r r r r r r r r r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-126 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 .......... ... .............................V . N.IN ......m AND MORE .............F AND COMPLETELY DESCRIBED IN EXHIBIT ,A" FROM R 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 er its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as 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 CAORMZONING\480.126 Page I �c 0 WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning'classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the'permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C:\0RD\Z0NING\480.126 Page 2 �r ii:•::':+':?.::;:;..:.:..;:.::.:?.i:.:...:.i.i:.i: .::.iii:?.:::':?.i:.i:';•ii:.i:?:.i...•:;.::;:>::i:i::":.i.,:••i"•ii:i:...:...:.. ..: .......::?.ii...........:::..:.....:...i:. '1iif•4 a. ..... !:''..,.'�„ it.... :..?::n'•� : .i�...var ': ?'\4 •. '•�• f' ty'' •'•''•:v' XMKAf:Bei r g v:.:•:.r. \?.:.�•.•+,•}rvvv\.i i... ..."•v ..... r.r: Y:'•l:r...:•t r,•::•:•:ii i::•::.m..;:./. yy :,1. .:; ..:::.i......:. .?,F..rr \ •ttii:•,i::`.•.y:;v+;.. ;::•:•,• 1c'.,;..•::: cf.:�::@• y,�x:;• ., :•. V. �::•?{ •�.`kv{, :x,..i :.xs; '•1}f} •"• :'• :?•.,x,.;fr.•':.�, ��yy�,+:• � n,•vv �::::•::?:. iiil'''•• '+:>'x".CGvv'��ti tiv•J.f.{;\ :} ^:i4:{i'i:: ;i;.v,�:{Si:`:''}y. ••:4,;:fi::::,' 'y r�i i �'\.v�':.ty.+i .{?.y�4.k..:.•:•::.. f :;,Tc�.{,. \,\. .y. S.`3• #:::.i•:ii.;,c•••its•>r :?�.::+� '? ',',•,•�• ..;\ ..v�nsy.4,.**�t.•;.`� :5;,, yt� and :::: ..vv \v:>vv:\w:•::•.v:.:w:::::::w:.nv::..... ...v::vri. �..:n.... :::::::::::::::::.::::r::•i::nv.vx:::::,.:... ......................:vi:•i:•i::w::nvw;.•:::.:.•.•::•i:•i::::..........:..•.............v:x$:i isx::•:v:v'v....:...:?•.......:.......... more fully and completely described in Exhibit "A," attached hereto and incorporated herein. ?> tiF tFrom € o ..................ir:/..ii:{tit{:::}I•�•,.•,??�.,.,,•,::::{?i>\i4?i4:•iiii'.4:;.;::•i iiih:•ii:C::•iY^::?i}}}vi:•::i:• Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other C:\ORMZONING\480.126 Page 3 ( ' ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY C:\ORD\ZONING\480.126 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C AORMZONINGW80.126 Page 5 �� ILA EXHIBIT "A" BEGINNING at an 18" tree located in the north fence line of a tract of land by deed to Southlake Joint Venture as recorded in Vol. 9232, Pg. 708 DRTCT, said point being the NE corner of said Hale Survey; THENCE S 89°57'00" E along a fence 1534.04 ft. to an "X" tie post for corner; THENCE S 00*15'00" W along a fence 1400.2 ft. to a steel rod, the SE corner of said Souddake Joint Venture tract , said point also.bdW the northeast corner of a tract of land by deed to Nolan Lemons as recorded in Vol. 4348, Pg. 47, DRTCT; THENCE southerly along an east boundary of said Lemons Tract to a point for a corner; THENCE westerly along the south line of said Lemons Tract to a point for a corner; THENCE southerly along an east line of said Lemons Tract to a point in the north right- of-way line of East Continental Boulevard; THENCE westerly along said north right-of-way of East Continental Blvd. passing the southwest corners of the following tracts: (1) A tract of land by deed to Billie Farrar, trustee as recorded in Vol. 5370, P. 284, DRTCT. (2) A tract of land by deed to Charles F. Nelson and wife, Laura A. Nelson as recorded in Vol. 7747, P. 442 DRTCT. (3) A tract of land by deed to Robert H. Rockenbaugh, as recorded in Vol. 8935, Pg. 1514, DRTCT. (4) A tract of land by deed to Joe L. Wright as recorded in Vol. 7982, Pg. 1825 DRTCT, and continuing to the southwest comer of a tract of land by deed to Norman J. Brown and wife, Norma J. Brown, as recorded in Vol. 6444, Pg. 569 DRTCT, said point being in the intersection of the north line of said Continental Blvd. and the east line of Carlisle Lane; THENCE N 00008'25" E along the east line of said Carlisle Lane, a distance of 1648.47 ft. to an old iron rod and being in a gravel road, said point being in the south line of a tract of land by deed to Theron A Ragan and wife, Dorothy E. Ragan, as recorded in Vol. 6377, Pg. 99, DRTCT; THENCE westerly with the southerly line of said Ragan Tract to its southwest corner; THENCE continuing along the said Ragan Tract Boundary, N 01021'22" E along a fence 622.02 ft. to an iron pin for corner; THENCE S 88058'57" E along a fence, 111.55 ft. to a pipe for corner; THENCE N 00014'03" E along a fence 804.85 ft. to a pipe for corner; THENCE S 89*42'10" E along a fence 1185.8.ft. to an iron pin for corner; THENCE S 00*31'30" E along an irregular fence 407.43 ft. to the POINT OF BEGINNING and containing 160 acres of land, more or less. CAORMZONING\480.126 Page 6 �G - IS- City of Southlake,Texas MEMORANDUM ' June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Ron Harper, City Engineer SUBJECT: Storm Drainage Policy, Ordinance No. 605 Attached is the latest version of the revised Drainage Ordinance. Ordinance No. 605 was on the City Council agenda for discussion May 17th, but was not discussed due to the length of meeting. The ordinance is listed for first reading this meeting, however, if following staff discussion substantive changes need to be made prior to City Council consideration, the first reading can be continued until next meeting, June 21 st. The current ordinance has been in effect since December 1989. Over the course of the past four years some changes have been suggested for this ordinance, which would serve to make the ordinance more effective in its implementation. Many of the revisions to the ordinance are minor in nature (wording, clarification, definitions, etc.). The more substantial revisions are covered in the following sections. Areas of the attached ordinance that have been redlined are the proposed additional language and the areas that are struck out are to be removed. Section Comment 1.02 Revise or add several definitions. 2.02C The technical requirements have been removed from the ordinance so that any modifications can be dealt with by staff. 2.03C The technical requirements have been removed from the ordinance so that any modifications can be dealt with by staff. 3.05F By prohibiting the impoundment of water in the right-of-way, we reduce the risk to damage to the roadway subgrade. 3.05G This insures that the ordinance conforms with Texas Water Law in regards to diversions and impoundments. 6.06 This revised section insures that adequate drainage facilities will be constructed by the first developer to impact or exceed these structures. By requiring a developer to construct the required structures adjacent to the property being developed, the City can better provide for any future development within the Curtis E. Hawk, City Manager Storm Drainage Ordinance June 3, 1994 Page 2 impacted watershed. This also clarifies the eligibility for pro rata reimbursements if the drainage facilities will benefit other developers. 8.03B Additional conditions or situations where the use of retention and/or detention facilities May be required. Section Comment 9.02 This refines the definition of what is reasonably expected of an owner in maintaining drainage facilities. 9.02D Language added by the City Attorney relative to enforcement of the maintenance provisions of the ordinance. Please place this on the June 7th agenda for Council consideration. BW BW\sm Attachment wp files\memos\drainage Jh-� t t ORDINANCE NO. AN ORDINANCE ADOPTING A STORM DRAINAGE POLICY FOR E CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE SUBMISSI OF PRELIMINARY AND FINAL DRAINAGE STUDIES; PROVIDIN DRAINAGE DESIGN CRITERIA; PROVIDING FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF ON-SITE AND OFF-SITE DRAINAGE CHANNELS AND OTHER DRAINAGE IMPROVEMENTS; PROVIDING FOR COST PARTICIPATION FOR OFF-SITE DRAINAGE IMPROVEMENTS; PROVIDING REQUIREMENTS FOR RETENTION AND DETENTION PONDS; PROVIDING FOR THE MAINTENANCE OF DRAINAGE WAYS AND DRAINAGE EASEMENTS; PROVIDING FOR VARIATIONS TO THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 482; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS LEFFECTIVE OF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ICATION IN PAMPHLET FORM; AND PROVIDING AN DATE. REAS, a ome rule city acting under its charter adopted by the electorate pursuant to Article XI, Section I of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake has determined that adequate drainage regulations are necessary to protect the citizens of Southlake and the public in general from storm water hazards resulting from the development of properties in the city limits and the extraterritorial jurisdiction of the city; and WHEREAS, the City Council heretofore adopted Ordinance No. 482 providing for drainage regulations designed to protect the public health, safety and welfare; and WHEREAS, after review, the City Council has determined that said minimum regulations applicable to drainage within the city and the extraterritorial jurisdiction of the city should be revised and updated as provided herein. f:\filcs\muni\slake\ordinanc\drainage(12-06-93) r c NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. There is hereby adopted a Storm Drainage Policy for the City of Southlake as provided in Exhibit "A' attached hereto and incorporated herein for all purposes. The Storm Drainage Policy adopted herein shall have the force and effect of law. 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. Ordinance No. 482 is 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. f:\files\muni\slake\ordinanc\drainage(12-06-93) 2 O �5 " iL SECTION 4. An person, firm or corporation who violates disobeys, omits neglects or refuses YP � P � s Y > g to comply with or who resists the enforcement of any of the provisions of this ordinance or the Storm Drainage Policy adopted herein shall be fined not more than Five Hundred Dollars ($500.00) 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 Ordinance No. 482 or any other ordinances affecting drainage or flooding 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 authorized to publish the Storm Drainage Policy 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 7. 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 f:\files\muni\slake\ordinanc\drainage(12-06-93) 3 i 1 and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance and if this ordinance provid es es 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 8. 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 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1993. MAYOR ATTEST: CITY SECRETARY f:\filcs\muni\slake\ordinanc\drainage(12-06-93) 4 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\muni\slake\ordinanc\drainage (12-W93) 5 �— t i STORM DRAINAGE POLICY Exhibit "A" a ARTICLE 1 GENERAL PROVISIONS Section 1.01 Purpose The purpose of this ordinance is to provide for the orderly, safe and healthful development of the area JUt both within the City and within it's extraterritorial jurisdiction and to promote the health, safety and general welfare of the community, and to minimize public and private losses due to flood conditions. In order to carry out the purpose hereinabove stated, it is hereby declared to be the policy of the City to guide and regulate the implementation of all drainage improvements both within the City and within it's extraterritorial jurisdiction. This ordinance shall be administered using the following guidelines: A. Due consideration shall be given to the City's Master Plan, Thoroughfare Plan, Land-Use Plan and other developmental guides reeenmenr by the City. B. Consideration shall be given to both the currently developed property and the anticipated development of property in the future. C. Protection of the soils, topography, wildlife, vegetation and other amenities of the City shall be considered an objective of this ordinance. D. Determination of cost participation in any improvements shall attempt be reasonable and a ± consistent- i-. applieata to all developments or assessment programs. Section 1. 02 Definitions A. General Rules: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future, words used in the singular number shall .........include the . ............. plural number and words used in the plural i shall ::: ..::... . . include the singular 2 . The word "shall" is mandatory and the word "may" is per- missive. f:\files\muni\slake\ordinanc\drnpolic 1 - 1 (12-06-93) 3 . The phrase "used for" shall include the phrases, "arranged for" , "designed for" , "intended for" , and "occupied for" , and shall apply exclusively to physical uses. B. Definitions: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Zoning Ordinance, The Subdivision Ordinance, or other applicable ordinances of the City. .... ......... ............. ... ............ .. ........:..:. ..,...::v....:..,.•,w•:•:••:•:-:w:-•:::Y::::•v.-?.}v.};...::::::v.':v:::-{i•}:•Y:}Yi:??h:':n}:hY:: ??•Y?+f i.?:4Y ..;••.:..+:Yv:::.}':il,.?i}}}.?.? :.>Y.4?+{::.w:i.:yYA.ff.}?n•.,•L•f.:v.a}TCU'C•�•:L...v. }+fi,,:.5:...n:,. :ff.•r:. .....:..., .., •,. ..J...,.r. ,Li,-\-:::•v::::::.:.v.. ,:.{•:w.5. .}. \.:-::::::v::::..,.- ,vfi.}i:::Y.:w::::::::::::: ::..::.::::::•::::-}}}}'..:•.v.fi}}}--:•"\•i�v.�.�'�::..:••::. .v:•:r:}:'???xfi\ �\ •f :3•i-:.viv fi..{•}?:::::::::::.}�:i}:�?i%2::;:} ;::}.;.$}}•::.... Y;;^::••: ::.r.;..;}},n.f;..?:;}'• .}f,. :.., {�++.j �:::}:.ki��.:. �:#i,+i�: �yi�J��y��1 �ff•.;::4'.:.1:..,j��yy. ,!j}�� y�y��1[ yM .w.,, 1{� +" '�� 2* ::. :FI!iT:�.iS�[.�M.�:4i#e�:�K•::.f•::.�:?4�A1i�•K�A4X�.#eT. /^�'�� •�:•.i '•ii: .-_..}:-.7y'.��•}v�:��3::��: :�M:iwb ...���ir?��f}[4!.,���:;4).f 'y(�y, Y�....�; .:tfi} .�?�.Yi�:::}:;• Tw::::::..................... , A"...:...............................n..:i,v:::::nw::.+.v::.:.w:n:v:.w::n: :vv:::::::::, •}:.�.:.}::Y?•}}i}:^i}}:{:}}}:?:.}}}•:::nv::n;.:w::::}.-::•}:y........:::::::::::::::::•..twnw.::n.....,.........:....n.....n....n.. ::......................................... Benchmark: An elevation reference mark. 11CA11 Factor: A multiplicative coefficient achieved by multiplying the coefficient of runoff "C" , by the area in acres "A" that is tributary to the point of design. 11cfs": Cubic feet per second. A measure of the volume of water. Critical Structures: Geneeptual Drainage Plan (prepared by the elty) whieh are impaet ee- cri 1 e E� r@339—&3 �e �E zs :#: > ti ?.<c'!� .. ; ...... ...i• ::•} .: ...:.. . .:::::...•'. :i+C ? $0$'�}+f•'-�' Y,}?' M���:??•}:?i•:�hG A��:nh�€:>f'�:ab�:�:x:<::: . .;;y:::f.?y}:}:;;. 1�..}. },�,,, :x :>}:• ::.f�?:..,;... ,tea ��.. -�•�.� �4e�.M.�f+%A�;.,�-,.,�• .•,r}�,.,,f.:1!! .}}�:.::::::::::...............v..�:.,,\•:'.,•.�•' :.-r::,,,•:::nv:.,......:::....i..,.�..?v}:N•:J:.+.�^v.?, •:n,::+vi,\„::.. Detention: The detention of stormwater on a site or within a project shall be interpreted as a temporary restrainment of runoff with anticipation of normal runoff over an extended period of time. Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development Permit: A permit required before development shall begin in an area designated as within the limits of the base flood. Drainage Easement: A delineated portion of land set aside for the overland or underground transfer of storm water. This area shall not have any permanent structures, fences, or other obstacles hindering the safe transfer of water through the easement. Drainage Improvements: All elements of a storm drainage system consisting of streets, alleys, storm sewers, channels, culverts, bridges, swales, and any other facility through which or over which f: \files\muni\slake\ordinanc\drnpolic ( 2 —1 -06-93) 1 2 storm water flows. eanstruetien ef drainage tents, eurb, gutter, and the purpese set out in this erd-i -ineluding but net limited FEMA: Abbreviation for "Federal Emergency Management Agency" "FIRM Map1l: A map produced by the U.S. Department of Housing and Urban Development, which has the purpose of a Flood Insurance Rate Map— eit + t1CFederal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow. of inland or tidal waters;.:;.; the unusual and rapid accumulation of runoff or surface waters from any source,- or mudslides which are caused or precipitated by accumulations of water on or under the ground. Flood, 11100 year": A flood that, on the average, is likely to occur once every 100 years, (i.e. , that has a one-percent chance of occurring each year) . Also referred to as 11100 year storm" and as the "Base Flood". Flood plain: The area of land inundated with water _eves-a speei€-reed-design sterm freefaeney, a 100 year storm. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway Map: A map produced by FEMA which delineates the flood boundary and floodway. Fort Worth Drainage Manual: The City of Fort Worth Storm Drainage Criteria and Design Manual. Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Frequency: The average frequency statistically determined for which it is expected that a specific flood level or discharge may be equalled or exceeded. HEC I Analysis: A computer watershed model developed by the Hydraulic Engineering Center, U.S. Corps of Engineers, which contains several methods with which to simulate surface runoff and river- reservoir flow in river basins and flows in urban areas. f:Ifiles,muni'alakelordinanc,dr.polic 1 - 3 (12-06-93) � x (400, HEC II Analysis: A computer backwater flood model developed by the H draulic Engineering Y Center<<R' ;.;:5:; f;;:;kav! t e which :...:::::::.:::::::.. ... :...:. calculates water surface profiles for steady, gradually varied flows in natural or man-made channels. maintenazrcePerlee.cam—remeyal of--underbmix, eeeasiei`t h trash, sell, er ether debris. This shal3r Mean Sea Level: The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Mudslide: A general and temporary movement down a slope of a mass of rock or soil, artificial fill, or a combination of these materials caused or precipitated by the accumulation of water on or under the ground. Retention: The retention of stormwater on a site or within a project shall be interpreted as a permanent restrainment of runoff with no anticipation of runoff over an extended period of time. Ultimate Conditions: The level of development anticipated upon full development of all land with a watershed. x- determined b reference to existinguse& . ..... ........ ,. are::::::>>�> �.� :. ::•::r..kw w'ry!••..••.:.... •.v.. ...,,v-.:.....vv..: -.v..:.vv:r::.vn. .......:} �.•-....::...:r} •.'�":w"• .:$,••:::' .yy..k+}., ,•�y�N ..-}-�::i': ''., i.:•�y:^,.:\'.:1y�:FS:i -y •: :'�1.:r.:.{...•. r;};�:.:f:'.:ix�..i:•�..L:Y?•1.(':K'.'?4}:�yi:�..ti�::?:v.:yY�:,t,i?:i:. g —jeeted land use :{}. .. :.. .ii {C}' ::{ i' l..17..:'4: :7:ti.} ! •}.: �f:::}} 4! �(�! 'Y ..:.: :.}} :,!!:,:.v �!{ .:•.•,M,:�•,}:43rT"i-... 4:aAAVY.�1... x.v::::::::.::•:}::::::::::. +n.v:}r.....n. ...n.}......... ..... ..Y..f:.:':•;$.:I\err};}}t}:}'.r:•}::}:•}:{{•:}:Y.y:::....v.{...vv::.. :. ... ^?i::.ii:}:{.}}.:{{K{::m{;::/:,. �.1.: y. !{• �{'�j {::::;:•:::..yam �y €-r-eke City Land Use Plan, whichever is more intense. Unless specifically stated otherwise, all storm run-off calculations required within this ordinance should be based on ultimate conditions of development. f:\files\muni\slake\ordinanc\drnpolic 1 — 4 (12-06-93) � X ARTICLE 2 DRAINAGE STUDIES Section 2 . 01 General A. .,ys,�N.,:,s:,y:.;., ..... ::,;y.:;;:.. 4s..'•::rs;; ..-::.y,}:• •:s:�r sy.•x.•s:::•••;;s"••: _ ..». pnz a:•S:: r£ct. .kti)cs•.s. f;{%:S;'?S`:.::..y -;'•`;:%r:..;ii::r{?.:h;;..ff;<s::n:.f,;.FGi'%r ; �;•.....�;<,ci•:^;;;;•::c ��• p•- ' � � � • The City has s:. :•. :o.A:.• •s:•:t.:a..• :..:.•., :..saa•;•: :+::a:�x..;..c;t.::.r.+:.w.:.•.•ac:w:. ;aac.:::'.0 tiw,+a. •�w.t':oai2ti�Sr..::::. .•x endeavored to associate the complexity of the drainage study with the finality of the proposed development. Developments that are in a "preliminary" or "feasibility" phase will require drainage studies that are less demanding in calculated precision than those that are in a "final" state of proposal. preperty te- be—develeped in the eity_ Section 2 . 02 Preliminary Drainage Study A. When Required: It is a lx policy of the City to discuss and conceptually resolve drainage issues of a development at the Preliminary Plat stage. The applicant shall submit a Preliminary Drainage Study with the submittal of any Preliminary Plat of a proposed development. A Preliminary Drainage Study may also be required by the City when reviewing the merits of a change in zoning, especially when the 009AM use is more intense than that shown on the Land Use Plan. This Preliminary Drainage Study would accompany the Concept Plan o >:>: z . as re fired b ien :::<=>#3da e — n'anee. rdi ...J...—Lents ef this erelinanee. Approval of the Preliminary Plat or Concept Plan may be contingent on the acceptability of the solutions proposed by the Preliminary Drainage Study. B. Qualification to Prepare Study: The Preliminary Drainage Study shall be prepared by a Professional Engineer Register t c in the State of Texas and experienced in Civil Engineering and having a thorough knowledge of the study of drainage issues. The Preliminary Drainage Study shall be signed and sealed, and dated by the person preparing the study. G. Requirements: The Preliminary Drainage Study shall eentai.n. • Preliminary er eeate_-. t Plan, preferably at a seale e f111—^1091 ing the drainage study. f:\files\muni\slake\ordinanc\drnpolic 2 — 1 (12-06-93) � S 3 . The seal: and signature ef the perse.. ng the study. Existing eenteurs in eenfermanee with the felle • :i-e • O Slepe less than O O `Slepe—greater than 15 A SV—TP rtleal .71ti'Grval.Z 5. Benehrcark elevatien Labe-red—and leesatien shewn. etilvertsr and neteel as te type and size, earth, :7 . Flew lines ef all e1rainage and water . streans, ereel£9, swales, ete. • 3 i6luding the—aereages thereef. rnz8 Bheuld—inelude a eenteur map ef the entire drainage area eentributing runeff to the subdivisien. (Seale net smaller tha.n • of all easements. !G. Labeling ef all easement sizes and leeatiens en site—. f:- i:-ii}}•':-iiii}i}:.}:.}":.}:.}:.}....}••}::.}:.}••.}:.}:.:�:.}}:.}}:.:{.}:.}••.i:.::.}•::.}:••.::Y.}:.}::•.}:.}}:::...:.}:{.:•:.}:.}:{.i::...}:•.: iY. i:'::ii:.i:.i:.i::.:i•':.:ii.i:-i:.i:.i?i:.i:.i:.i":-i}:-:•:�}}:.}:..L:}}:••.:{.:{{.:{::.}:•:.:':} .P:::::::......:......::::.::....::::: .:::....1 }�' :}:.:}':-:•�-}i.: .:;::r. .:•:':R:•: .:�•y-:{<>::i.:''• yy�� //���� 4`i'•4 is 7R ;{���•�'pryy /��e�S�, j�j�.`{•{N$�..1�:�y'':•�a�, �y YL�.iR��%+ii��e� }.• :,���:.:^.Z•��i?. W.•1.t�'V ��ii'•4�iTs.'��M:-}M.rK�C: i:ii�\:1!:ii�k:i{:�'1L%l• n:.�:i�:i::i:.i{:-i?aC�:��'.1'. On U.0 ............v...-:::v.;.,.:.}::•.v::......v...,.:..::.....:;}h.v;v..:;......n......rr..::v.•....•:•4w:•.•::::v:•:{::::•:••%w:-w:n:.:::•.::::::. .......6}\::::. ............ r fr{.}}::{:v::n.r.}.{ 4: : .{•.:::::••::::•:•:::L..;.r��i}..x... } { :•+f.:•:.v}..{... ................... .... .aa.�y..��...r,}'+•..:rf+ }y., .}�y1� y� ;}L�.�.y:1•�:.�e }�{ �}.:.,...:r..M1:;� i{� ��ll y1�j�� �.1� may. :.•:. q,:. "": ':::C:}{;.:: '•i.T"r. y}:`•:iJY•'.i.YF.•:3:tj'�,ty`�M �}} t a��•�, M •n;:LY• .y�vG.7ICCiii:{..'.G'y't• SJ._.:. •... .....�1:.'�4~:�.�.:.'�........�....:r..��....�!'.'...................v�r.1r�4!:1�t.+��.•�.+�`:�..'M':-:�:::•.'•i!ea:?:#: :i:• ....{'.^14..........::::v....... ...14•........ .... ::::::•..:::::::::::.v:::::::::::::.w:::::.v:nv::::.v:.v.::::nv::::.: w:.vw:n:•.:::v..:::::: ;•.v::::.nv::::::::::w::::::....:.::::::.: :-::::::::::::::.�:::::. D. Exemptions: The Director of Public Works may waive the requirement of the Preliminary Drainage Study or may limit certain requirements benefit i•}:xn}}:{ti: ::.}:i i i}C: Y; i{{i ; y::p:;�is":i:^:: i..: : : ::::"...... i .......... frem the study ................................ ........ ..... .... ..........•.::.rrn.:...:r:• •.v:vxv:::vv:.Lw:v::w:::vvv::::::•.�::.L::::::::::::.v::•::::::::i::.r...}.:.•..:::::v}:::::r.::...........v:. :v/.::r..vv::.:yvv•�nv::f.{:i{v:r:n.::i.{:v.r{{{•Y i.{n:.4 t::}-v:;v::::v -:::t.-:v.:r},vv,.:::•:v:::::•: �`4;•:">���:�tii��l �<`::i'�3�.........�1:4t....::.�1i � �a�"•"s�.3�'.:.>':::°:�:� ``~:�>;:�•: e�-:;�'�`<�>��':�1'>::4:'Hf::,::;:�t <'>':-.=:��- ......................................... ......................................... Section 2 . 03 Final Drainage Study A. When Required: It is a policy of the City to resolve drainage issues of a development at the Final Plat stage. The applicant shall submit a Final Drainage Study with the submittal of any Final Plat, Plat Revision, or Plat Showing of a proposed development. Final Drainage Studies shall ifteet f:\files\muni\slake\ordinanc\drnpolic 2 — 2 (12-06-93) all the �ntq ef this Approval of the above mentioned plats may be contingent on the acceptability of the solutions proposed by the Final Drainage Study. B. Qualification to Prepare Study: The Final Drainage Study shall be prepared by a Professional Engineer Register 3d in the State of Texas, experienced in Civil Engineering and having a thorough knowledge of the study of drainage issues. The Final Drainage Study shall be signed, sealed, and dated by the person preparing the study. e. Requirements: The Final Drainage Study shall: eentain the fel-- I. Shall be drawn ever- a mylar-e? repred=eib1 a eepy a€-t_rhe Final Plat,preferably . 2 . The name, address-asel phene-ef the r=_s___ __sp e___ib e `er 3 . she seal:and signature ef the --eparing the 9tU`. -S-1epe-less than 2° 2 ' vertiea3 intervals 5=nenehmarle eleyat-ren labeled and leeatlen s=ewn. • , earth,eulverts, and neted as te type and size, i.e. 7 . Flew lines ef all drainage and water eeurses,elevatiens shall be previded far all struetures-. streams,creeks, swales, ete. runeff te—the si3bdivisien. (Seale not smaller than • easements. f:\files\muni\slake\ordinanc\drnpolic 2 - 3 (12-06-93) 3 4 shall tie the easements te any adjaeent property er let earners- 9 3R3iar te the— ellewing "chair a�� �:'I.� ::�'t` �yt�•..ti +�! }y:rq} .�::.+"►�y{;y�fj� ..}•.r`j'�y�+•�.}t. {� ±......'.++ .�F'i 4 •%R `: 'sr ..} :� T-� •'•+�. :Ct"'�h* alY YiF4 `•?n'•':17X�►i:•�r7t 1 .........i}:•ti? ..�i•.r. Ati :: •}:4?ry•:::...:•?yii +.:vVi•ti. \ .:'x4 ~? •Y?}x.Ov\\••.:vx:•v ',•M. �•.:-...?:....:::•:}::A?:.•`.�}}},�}:+::.:•:t•.:c..ti ..,:•>Yy+�`i�.;,.q.. ' ,x, ny >r.�;: ..•: •••yn::'�i;...a;.,•�.••;is•;•..+�",;;otrfi•:y:r.$•!f'• ...n�f` :�a::x v./.••:•dx:?m::•:}w.v l•:'iiv ••.?•r:x:.t?v^.A' 4}. \+,\Vk, {} � :t :�i+•.. 3a•.x ,+C : '::'f.: i1i<Y/:::f:.. .v�,. `��rif�•:.• '� t'•'::.•.v. .:iv?. 'tl'r:r. ��"��' :�'i�Y. .• .'`�l y;.v:�vyr'y:.;:'Y:::}v:f. ..:h a}'h•,•}v:: qs.;;:.?ryrµ'•k•}:}.,:}:::.t;.Xry•� ?tG?::? •�� ,s,. .���ti}...y ,...::t:5s;�o+• .< Z.ft IS :.\:?`v?iii:�s'i` •r}.:.:.}}?•.v}}r:xlt}••'iC+vv �'' vvlr.L.�4�•'• •?• .+�r`' O 1'}:�1."•rti•:Yif•::r,:::.y. F. '' '•:?S}:0:.'•?vv:??.?%•}}:•}:•::•}}:i•}:•:•Y.?ti•?:vt?':}:+iv'Fi2 4:��:i�•�h�t�:?v':?:1? ??:N}:,•.:1 .:?riA�Ciit •:S•?%{+ �t%?•:??:'.?^:?+r:?v}}:>ri:•?}:?J}:ti•?}}yt�}:tyX•:t:i:t•}.f' •n.:...n.vi{,{++A'{?wtM1V+-.+� ice.v:`�•::::••::v�7}'�.�]3f... ...��f.`,.(����Y S.•ni:}:::y�.:3.�.A:�aY�A E-.-I) Exemptions: The Director of Public Works may waive the requirement of the Final Drainage Study or may limit certain requirements rry}••.}y};??.;?.}s}:?;•-..• •.•r:t:CY? ..,,.y ;.};?:;;.;�::"."C,+,}'?:•}?;i} ........ ?}t s:;?::,;j::....?�;?.:•r t .ttr•:,. Lrki? r� � dx. t�€ d� ts<`::<+ at:.{ :........::::::::-::::v???}?r??}}?}i}:'•i}}r>?........................... •::::::::::::::-::.v::::::::::::}?i}:•??}i:t.}:.}}}?}:.}:i.:}::::.::::::::............. ...... :..:... •:••: .:i,. .. :.. U.<::?:.:. .}. ?•.' \"' •' :v :;' t::' '.•.:..- .. ..:.j}: 4' jiir:+r'...:iir3{F .::.-: :. ....................r........:.::::::..::::::.::::::::.::::::::.::.:.::.:.::..::::::::::::::.: .:.t..t.::::::.:::::::.::.::: ..::::. ':.:.:...........::..::.....::.:...::::::::....:.......:::..... 40949 h-W Section 2 .04 Computer Models A. General: The Director of Public Works, upon a recommendation from the City Engineer, may request that a drainage computer model be submitted with the Final F,inal Drainage Study. "'hose shall be ��ymitteel with the Bhewing: Where a computer model is requested along with the Final Drainage Study, approval of both the Final Drainage Study and the Computer Model shall be a prerequisite to plra-t approval .............................. B. HEC I Analysis: 1. When Required: A:ny property which has 1,000 acres draining into the tract at its lowest point;;' shall be reefaired te submit C. HEC II Analysis: 1. When Required: . h < rr::: :: .......> lars; m :.. :r .. ..:.a :subs}:: : s <:><:o: ::.}}:.: :::>::�:n:::::���..... : t n.. s ta < €ansey Ai %:;:::}':'�•�]. �'.�•..��-...:::ii:::: ,may::::{::.:..:,.� ..' .yy.. :':. }�:':}::: .•i�'' :::iti:.j'+'�{ � j.-+'�{::{if}�:::::•::. �::•::� �.. t.....:i}::{� �f1.!Y;::.:..,:..::..v-Y.T:�:FI:�..::� .f•.Ml•.•:.}.:v�-:::'-.�.:::.T.-.'.�: �.:.::: �.:r��::::1T� ..: 1T.}:::�::::::::�.:::: �.:�: :vx' impaeted by the Fle-elway as designated by FEM-01. may be a. Natural ehannelst Natural ehannels may re,,- re a .............h.:ii}}}:ti•?:•?:•::.•::•:::::::::::..,::iri •: •::•:i:::::.,.•x::::?:n;:ittlr::..;.:::::;:::?.:i?::ti�}?:•?:•?:•}.vi:.:v.v::..........r::::::::::::.x:::::.1 .:.t•::::x:{.ti., f:\files\muni\slake\ordinanc\drnpolic 2 — 4 (12-06-93) (416W f:\files\muni\slake\ordinanc\drnpolic(low (12-06-93) � t ARTICLE 3 DRAINAGE DESIGN CRITERIA Section 3.01 Drainage Manual Reference A. Fort Worth Drainage Manual: The City hereby adopts the most current City of Fort Worth Storm Drainage Criteria and Design Manual as the reference for all calculations required by this ordinance. The City shall not maintain copies of the Fort Worth Drainage Manual for the use of developer's Civil Engineers. It is the City's intention by this adoption -to help standardize the approach to storm drainage design and use a Drainage Manual which is familiar and accessible to most Engineers *zzx practicing in this region. B. Highway Department Hydraulic Manual: In cases not covered by the Fort Worth Drainage Manual, the Hydraulic Manual prepared and compiled by the Texas Highway Department's Bridge Division, dated March, 1962, with subsequent revisions, may be used. C. Retention and Detention: Retention and detention design criteria shall be determined on a case-by-case analysis using standard civil engineering practices. Section 3 . 02 Design Storm Frequency A. R.O.W. / Easement Capacity: Streets and storm drainage systems shall be designed using a design storm of 100-year frequency. The capacity of the street R.O.W. and/or drainage easements and the storm sewer pipe working in combination must be designed for a capacity to safely contain storm runoff resulting from the 100 year storm. However, no streets will be permitted with the pavement below the 100-year flood elevation of a water course. B. Street Capacity: Whenever the capacity of a street to the top of any curb is exceeded by storm runoff from a 5-year fre- quency storm, a storm sewer shall be designed and constructed. 1. Arterial Streets: The storm sewer system shall be designed so as to prevent ponding on one +-2--L > # r lane in each direction. There shall be no cross-flow drainage at intersections with Arterial Streets. 2 . Collector Streets: The storm sewer system shall be designed so as to prevent ponding on at least one +2-L `o lane. There shall be no cross-flow drainage with f:\files\muni\slake\ordinanc\drnpolic 3 — 1 (12-06-93) sx-AP greater than 20 cfs at intersections with Collector Streets. C. Storm Sewer Capacity: Storm Sewers are ta be designed for a storm frequency of 5 years. 1. In a case where this 5-year design frequency for storm sewer in combination with surface flow capacity of the available R.O.W. and easements does not contain the 100-year storm, then the storm sewer shall be increased in size and designed for a capacity of a higher frequency, of up to 25 years. 2 . At such point where the runoff exceeds the capacity of the 25-year storm sewer in combination with the available R.O.W. and easements, then one of the following approaches shall be used. a. The storm sewer shall be designed to carry the runoff from a 100-year storm b. The storm drainage improvements shall be designed as an open channel. 3 . Over private property: Any drainage intended to cross private property shall be contained in a closed system : :....:...: .:..:. designed to handle the 100 year storm <r .. ............:.. .:.... be---ded- catedfor--this facility. D. Open Channels: All open channels are to be designed to handle the runoff from a 100-year storm and said channels shall have a minimum of one foot freeboard to the top of bank. E. Culverts and Bridges: Culverts and bridges shall be designed to handle the runoff from a 100-year storm. Given that both culverts and bridges may solve a particular situation, it shall be up to the Director of Public Works to determine which type of structure shall be used. Bridges shall require a two (2) foot freeboard between the low point of the bridge and the 100 year water surface elevation. For any culverts, the headwater (hydraulic gradient) shall be a minimum of one (1) foot below the adjacent top of curb. Section 3 . 03 Time of Concentration A. Average Conditions: Under average conditions the time of concentration to the upstream end of a drainage system shall coincide with Table II-2 , "Minimum Inlet Time of Concentration" , page II-5 of the Fort Worth Drainage Manual. f:\files\muni\slake\ordinanc\drnpolic 3 - 2 (12-06-93) B. Unusual Circumstances: Under circumstances which produce times of concentration in excess of those shown in Table II-2, the time of concentration shall be determined through the use of Figure II-I, "Nomograph for Time of Concentration", page II-6 of the Fort Worth Drainage Manual. The following cautions should be exercised when using this Nomograph: 1. The path along which the time of concentration is deter- mined should be representative of the drainage area as a whole. On some irregularly shaped drainage areas it is possible to find the time of concentration along a particular path which is representative of only a small portion of the drainage area. This time of concentration may greatly exceed the time of concentration which is more representative of the drainage area as a whole. 2. Overland flow shall be considered channelized at such time as the distance traveled exceeds 200 feet. Section 3 . 04 Land Use Runoff Coefficients A. Fully Developed Criteria: All runoff coefficients shall be based on land uses as if fully developed with those types of uses. B. Land Uses: All runoff coefficients shall be in accordance with the existing zoning or the current Land Use Map 4-1 approved by the City, whichever coefficient is more intense. The following runoff coefficients shall be used under the respective land use determination as shown. Existing Zoning Categories "C" Factor AG Agricultural . . . . . . . . . . . . . . .Use Land Use Factors RE Residential Estate. . . . . . . . . . . . . . . . . . 35 SF1 Single Family Residential. . . . . . . . . . .50 SF-1A Single Family Residential. . . . . . . . . . . 50 SF-1B Single Family Residential. . . . . . . . . . . 50 SF-30 Single Family Residential. . . . . . . . . . .50 SF-20A Single Family Residential. . . . . . . . . . .50 SF-20B Single Family Residential. . . . . . . . . . . 50 MF-1 Multi-Family Residential. . . . . . . . . . . .75 MF-2 Multi-Family Residential. . . . . . . . . . . .75 PUD Planned Unit Development.,. . . .Project Specific CS Community Service. . . . . . . . . . . . . . . . . . .80 0-1 Office 1. . . . . . . . . . . . . . . . . . . . . . . . . . . .80 0-2 Office 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 C-1 Neighborhood Commercial. . . . . . . . . . . . .80 C-2 Local Retail Commercial. . . . . . . . . . . . .80 C-3 General Commercial. . . . . . . . . . . . . . . . . .80 f:\files\muni\slake\ordinanc\drnpolic 3 - 3 (12-06-93) C-4 Arterial Mall Commercial. . . . . . . . . . . .90 B-1 Business Service Park. . . . . . . . . . . . . . .80 B-2 Commercial Manufacturing. . . . . . . . . . . .80 I-1 Light Industrial. . . . . . . . . . . . . . . . . . . .70 I-2 Heavy Industrial. . . . . . . . . . . . . . . . . . . .80 HCHotel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 MH Manufactured Housing. . . . ... . . . . . . . . . .50 SP-1 Detailed Site Plan. . . . . . . . . . . . .Depends on Used SP-2 Generalized Site Plan. . . . . . . . . .Depends on Uses Land Use Ma-D J_ ���Designation "C" Factor Public/Semi-Public. . . . . . . . . . . . . . . . . . . . . . . . . .75 FloodPlain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Industrial. . . . . . . . . .70 Low Density Residential. . . . . . . . . . . . . . . . . . . . .50 Medium Density Residential. . . . . . . . . . . . . . . . . .50 MixedDevelopment. . . . . . . . . . . . . . . . . . . . . . . . . . .75 C. Overdeveloped Tracts: When it is determined by the Site Plan review process or other City review, that the actual development of a particular property will create a runoff factor greater than that shown for the tract as determined above, retention or detention may be required on the tract prior to the issuance of a certificate of occupancy. Section 3 . 05 Miscellaneous Design Criteria (WWI A. Pipe Design Criteria: 1. Minimum Pipe Size: The minimum storm drain pipe diameter shall be -fifteen (15) r 8 inches. 2 . Minimum Velocity: The minimum velocity with the pipe flowing full shall be three (3) feet per second. 3 . Changes in Pipe Size: Pipe crowns at changes in pipe size should be set at the same elevation. 4 . Vertical and Horizontal Curves: Vertical curves in the conduit shall not be permitted. Horizontal curves shall be permitted only when the alignment meets the pipe manu- facturer's criteria for curves. B. Manhole Requirements: Manholes shall be located at intervals not to exceed 690 f feet for pipe 24 inches in diameter or smaller. Manholes shall preferably be located at street intersections, sewer junctions, changes of grade and changes of alignment. Manholes for sewers greater than 24 inches in diameter shall be located at points where design indicates entrance into the sewer is desirable; however, in no case should the distance between openings or entrances be greater r f:\files\muni\slake\ordinanc\drnpolic 3 — 4 (12-06-93) than 1, 200 f6et. C. Street Crowns: Street crowns shall be reduced for approximately one hundred (100) feet on each side of valleys. D. Culverts: All culverts shall require approval by the City Engineer prior to the issuance of a culvert permit. All pipe within public R.O.W. shall be reinforced concrete pipe (RCP) and shall be jointed together properly (Ram-Nek, Talco or equal) . Reinforced concrete box culverts shall also be allowed. All culverts shall be inspected during installation by the public works department. In the event that a particular situation calls for an "arch-pipe" structure, said structure shall only be made of an aluminized metal. 1. End Sections: All culverts of twenty-one (21) inches in size or larger shall have 6: 1 safety end sections. The ground around the upstream end section shall be graded to match the 6: 1 slope, tG;« .:.<._::.' i� ground around the downstream end section shall be graded to a 4: 1 slope. Culverts less than twenty-one (21) inches in size shall have Type B end sections as shown in the Texas Highway Department IzC Drawing CH-11. 2 . Private Property: Culverts entirely within private property may use corrugated pipe of a shape and size Q I approved by the ' . E. Lakes: Approval to develop in any area subject to inundation by a lake must be obtained from the appropriate agency responsible for that particular lake before the city grants its approval. Agencies that should be contacted include U.S. Army Corps of Engineers, Tarrant County Water Control Board, Texas Water Commission and the Trinity River Authority. Regardless of approvals obtained from those agencies listed above, no filling, development or construction in any area subject to inundation by a lake. shall occur without the approval of the; bar ctfl�r of ' ubi 2c r o x p©t nd t a :::::::::.:....::::.:: ...........:::.:::::::.::::::..::::;.....:......::::.:..::.:: may require any studies necessary to determine that filling, development or construction does not have any detrimental effect on adjacent, upstream or downstream properties and any building shall be protected. F. Easements: Drainage easements having a minimum width of 15 feet shall be dedicated on the plat or by separate instrument prior to any construction of the drainage improvements. Minimum easement requirements for storm sewer pipe shall be f:\files\muni\slake\ordinanc\drnpolic 3 — 5 (12-06-93) 1X2 �� as follows: Minimum Easement Pipe Size Width Reguired 36" and under 15 feet 42" through 54" 20 feet 60" through 66" 25 feet 72" through 102" 30 feet over 102" 3 . 5 times diameter :...:. :.-::::..:::.:.:...::...:::.:........:. ., <> I� Ur This width may increasecd:::<>: ::v�h.".. .:.... Y :.: ? :.:............:.:........ .. the soil types, pipe depths, overflow impact, other utilities or similar influences. 1. outfall extension: Drainage easements will generally *0c" extend at least twenty-five (25) feet past an outfall headwall to provide an area for maintenance operations. Drainage easements along a required outfall channel or ditch shall be provided until the flowline "daylights" on natural grade. The minimum grade allowed on an outfall channel or ditch will be 0.5 foot per 100 feet. 2 . Open Channel Easements: Channel improvements shall be 1 t . in easements of sufficient width to contain the ultimate 100 year storm plus one foot of freeboard. 3 . Maintenance Access: Additional easements may be required to provide access to the drainage easements. This may include not only access to the drainage easement but '. additional width along the easement where necessary. Access to channel easements will typically be at the intersection with a City street R.O.W. . 4 . Detention Retention Ponds: d:?}r:.::::.::::::::::::::::.�;;-;.�,;.�,.:;.}:.}?}}}:.??} Easements for detention a11 �ei � ponds shall be negotiated between the City and the property owner upon review of adequate drainage information. .::....:::::,k : >:<:::.. a.. ...:. erz ;} he::.:}:.: 3verox ::.}:.}: r}::.;:<: rA.::::.:::::::::::::: ::::::::::::::::::::.::::.?:.?:.}:.}:.?}:.}: ::::::.:..:.....................:::::::::::::::::::::::::::.:::::.::.:::..........................:...:}:::;.::.:::::::.::::::::..::::.::::::::::::::::::::............ nat _ra: ::.}};:£l x :;.>:.. .::._.s. a }: e. .??:.?: ..:. ::::ma .}>}}t t..:.:.: ...... :..:::.:::::: ::::.:::::::::::.:::::::::::::::..:::::.::::::::::........::.:::::::::::::..:..:::.:::::::::::::::..::::::..:..:::::::::.. .:: ::::: .:::::::::.:. :':><}>:::::.>::«:::.:.:...:::::.. .:.$:%::::> :.:$::>:::::::. . :.}:.:::.::.:.y,�::$::>::a>f:::<:>::>��e:::«::W a fir::>::»da€�� :er.�,.:.:::o�`:.::.:;and.:�7:i�r::.::k�. :::::: �*....::.::€.�.c�..:::.}::f.}::::.::::::::::::::::.�::::::::::::::::::::::::::::::::::::::.::::::;.}:.:_}}:.?:-}:.}:.:'.:.:..:.:.:::.: P : Y:::.::::..:::::......... ":::.::::::::::::._::: .:::::::..::::::::::::::::::::.:..............::.:::::.::::.::::::...::::::..::...:::::::..:::::::::::.::..............::. AdX. ::;w;}:aa}:- a��r..•>••, •�r..?4:t:SUM•.•::.f..• r.}•r; , .+WMA ,.fi;.}:t .!�TJ'.,,.,..,.Y.,.::•}:•:.axe! M4}l ...•}:{•?::.}ii::.}?... :}::: }fif•}:v.::{::x::n.::v44..::}::f.•rn.i•........K.}..r..r.......;,..?r:::::n:.......A.?•:::. :.......n:.t .v:..:f:{: :::5::::. cle�tel cc . .::: ::: w ::::::::::::::: .::::::.:...............:.,...::....,.....A.:.:...... .:.v..'%xr}::: ,•:::::::..?.•i{.};:F.$i::::v:�f, y :} : 4 n4f�.S:,k.t.�.. :fi••i:::....ffy(•%.:...ri}..:'::•?::. { :. '?:"•}u$:'•:�:Y.F?$?$:%+� �( .:::di:•}::}?iS f �?.'t•:}!.v,:<•. ..+f.• vi:2;f : v�}�.;{::`$$''r'f.:.•4}: -':2}}%.:, r �.s�.! :�i! ::: ,- +'}}�{�.pc�=yM�,(y;�(. ;/ ��µy. �y!{ may. y�} {•�'�}�y.{.../�:..t:::.?: y� }''+ i:i$::�.v.. '•:�':Ti!•Y.:V •, R\ •R� i{i..¢.•l ?fii!:1�tiri:ti:} }.v :3:i:.}�'F.: �fiF.T :I.•v •}.. 3t#-:..n..�4Y,.�{M.............rv..t....... ..,.....:} :• .::::-: .v:..;.fS:i :.. ...h.:. :.,I,..f•?:n..v....:h::v:i::v.:Ci..:;..n.:n ..},:}}?Y'r:L::..��� :{i\• r::::.:.�:v:.:i}??::of•rrw:::.�:..........::::•::.f.?r}}.::ty::..:�S..�,, f .t ••?-?: n •Jf+f:f:,..;:f..•.•.•l..n.;...:...n... .::... f v::..... ..v.....n.• :•;;••:.;;,w,,.}::v.},...n..$}:. .}5 :n :r�} Y/.}.{rW�'ngC:�.:i ..... +r:r ..;:::w::::}:}:}:i::}::}}.i::}?}??$$}:.?i'r}:i:'}:$ ;{$'r}::ui:$.f;f.i�;i'i: . }:.�f•.•$....v..n..:.}:. :%,:,:$: ': is?•?+i::: .. ':::•.:�#4ir'• {� :i'+F{: .(F�}� •:{{�fLY':' �y',�}{.^� ' :...:...::•�::i+::'.:.v.}..; .. +% �+t• :..yyi:�:�/•t.��wN' ..��ww :�j}:?$�i' $�}1( �1+�.y� jy}1� }},4,.i- 1.�:3.F�.:.v '5�7,[1R `k`,v:� ���:.•.•?{,��11hi1.!?.'. `.•'.R.�:� :}:•:: ��?4F:;ti!�i?: '.•�ir..A;k:�.�i�,.4.�,ti1!..... ..;}.:..fi.:.. f:\files\muni\slake\ordinanc\drnpolic 3 — 6 (12-06-93) 9 Y2-a3 eccq}}xecc.:acMail ...... .. {,,�::;r`::Jy>::}:::•f,.�i•?+�c::,,.yYa;��,:;:::}::ir•::r:::`::5:%:::;+�•,::.2c;5:}'.:.,•..;... y:'{'�1i'in:,:r.:,,,�;.}:: .•} �:L;?y4?; :1k'?Y ��F K><+�AtiR'' •. •.' . :n�.^;.:::.::n;..;_:':�;;}:*.,Y•��ty.�..xrt...}.:,•.}:}x:a;:..��.••'.��'��`�, Str4.}:r:.:}}•y,r,: {. sit. #' `� �}::•i;. �}t�•'•.��'�'•rf;•••3'iS:.,.:?; f f:\files\muni\slake\ordinanc\drnpolic (12-06-93) ARTICLE 4 OPEN CHANNEL POLICY Section 4.01 General A. Channel Types: The type of channel shall be determined on the basis of the "CA" factor and other data presented by the applicant's engineer. B. Building Line Limitations: All open: channels shall contain the 100 year storm and one <foot freeboard outside of any adjacent building lines. C. Easement Widths: All open channels to be maintained by the City shall be in easements of sufficient width to contain :>.:eeord:::: :w3t3n the :>: channel. �'. t�.:::.�?. �`:�.�' :� � ..<.:. �<�3?� :�::::. ... ....... additional 10' width on one side3 '%'GTJi" Ll } fig 9§ a relatively flat, grassed area to be used for maintenance purposes maybe required. Section 4 .02 Natural Channels A. With No Improvements: Natural creek channels may be approved (W without channel improvements provided that serious erosion is not expected (i.e. velocities less than 6 fps unless an approved soils test indicates that a higher velocity would be aeeepteel that sufficient easements are dedicated to provide protection of adjacent properties or facilities; a that floodway easements are determined in accordance with this ordinance; and where arrangements have been made for perpetual maintenance by the adjacent property owners and/or <} has been dedicated .::.::....:.....:. :...:.....:::.......:..:...:...:..... and accepted W` -far City.:;:..;.: -_-- and where in the judgment of the D c >::>; Public Works ^i r....ter, the appropriate use of the neighboring property or the health and safety of such persons affected will not be substantially injured. B. E- $ o l Will- M `i ear'i ens: Such creeks may be modified by cutting and filling, or to provide for erosion and flood control facilities, in accordance with plans approved by the aft&ae Public Works "i v.....ter. 1. -Biomes-i-eneent-re —All erodible areas shall be protected by laying the slopes back to a maximum slope of 3 feet horizontally to 1 foot vertically with grass sod cover; or preteeted by concrete, rock, masonry, or f: \files\muni\slake\ordinanc\drnpolic ( 2 _ 1 -06-93) 4 1 Q)�_W-5— retaining walls to an elevation at least one :1 foot :..:. .: above mean water elevation. Section 4 .03 Earth Channels .................... A. General: Earth channels may be approved provided thatY ` the velocity of flow will not produce serious erosion (less than 6 fps unless an approved soils test indicates that a higher velocity would be aeeepted af« i # 'E ) ; at-suf- ficient easements are dedicated to provide protection of adjacent properties or facilities; that floodway easements st in accordance with this ordinance; emd ...... .. ....... .............. ...... where arrangements have been made for perpetual maintenance by the adjacent property owners and/or {> has been dedicated and accepted by the City; andP--in the judgment of the Public Works Dir ,eter, the approp- riate use of the neighboring property or the health and safety of such persons affected will not be substantially injured. B. Soil's Tests: Soils tests and borings may be required to determine the probability of erosion. Table VII-1 in the Fort Worth Drainage Manual shall be used as a guide for determining the highest velocity of flow for the particular condition which will not produce serious erosion. C. Channel Shape: Earth channels shall have a trapezoidal shape with a minimum bottom width sufficient to carry the. run-off within the easements while maintaining side slopes no steeper than 3 feet horizontal to 1 foot vertical (4 to 1 preferred) . : .: .::..., r:.: Y.:i:tr V"•:'.f:i:'•.' •::::':•:'•.f..Y. .. .:.y' :.... .. ..qW.r:.v..'.:f :{{:::.n.: Ilia �.4: :ii{•::rr::::::..:..:::•:{-: .4... .. '}•:. �.... r � Yam. { '%f::--. "ii%�: "::2•::{•:{-r:•.:r•.trN^'-:�:::3::;•:•r..;:i::.aMr':<:' t`�`•%•::.{:.'}.::::;•:` •:::?;`i,.•':'�,.,,•,k,•,'t.• /'!vice' f `''••::Y%::i.''.:?;:c::{:.:•:2 r,-L.Y,.:.%fi:•:•::�`::.t D. Pilot Channel: A reinforced concrete pilot channel as deter- mined by the > z€zzt5 Public Works B reet may be required. The pilet ehanne! shall be net less than twelve (!2) feet in width and having at least six (6) ineh eurbs and E. Slope Treatment: The side slopes shall be smooth, free of rocks, and contain a minimum of 6 inches of topsoil. The slope shall be block sodded for a distance of 2 feet adjacent to the pilot channel. Gobi blocks, fiber-mats, or other such similar materials, may be used in lieu of block sodding. The balance of the slope shall be seeded. Section 4 . 04 Concrete Lined Channels A. Channel Shape: Channels shall be trapezoidal in shape and lined with reinforced concrete in accordance with City standard specifications. Side slopes shall be a maximum of 1 foot horizontal to 1 foot vertical (prefer 2 A < f: \files\muni\slake\ordinanc\drnpolic ( 2 — 1 -06-93) 4 2 U // ram:€ or as approved by the rs Public Works --�r. ;y The lining shall typically extend- such that the 100 ear The plus one foot freeboard is within the concrete lining but alternatives may be considered when presented with adequate data by the applicants engineer. Channels shall have a minimum bottom width of eight (8) feet. B. Curves or deflections: The design of the channel lining shall take into account the superelevation of the water surface around curves and other changes in direction. f: \files\muni\alake\ordinanc\drnpolic ( 2 —1 -06-93) 4 3 9 i ARTICLE 5 ' ON-SITE IMPROVEMENTS Section 5.01 Owner's Responsibility A. Upstream Drainage: The owner or developer shall be respon- sible for designing on-site improvements sufficient to handle all storm drainage flowing on such person's property. This responsibility includes the drainage directed to that property by prior development# as well as drainage naturally flowing through the property by reason of topography. B. Installation Costs: The owner of a tract of land shall be responsible for t cost of installation of all drainage improvements within the beundary of their development. This shall include any oversizing of structures to accommodate upstream runoff. C. Construction Plans: Construction plans for the development shall include plans for all drainage improvements. These plans shall be reviewed by the City Engineer and approval Ian granted by the Director of Public Works prior to beginning construction. D. Maintenance Bonds: The owner or developer shall provide maintenance bonds for all drainage improvements. These shall be 2-04 :.�.$ of the cost of the improvements and for a two-year duration. f: \files\muni\slake\ordinanc\drnpolic ( 2 —1 -06-93) 5 1 ARTICLE 6 OFF-SITE DOWNSTREAM IMPROVEMENTS Section 6.01 General A. General: With the requirements of this ;Drtlele the City intends to allocate the burden of critical off-site improvements between all the land owners who impact critical structures. The drainage studies required for each development shall be respensible feir c-onsider-ing their impact 'P . ............. ............ ................... all p q downstream .. on structures, and cost participation shall be determined as outlined in this Artiele a - Section 6.02 Limits of off-Site Study A. Gan eptual Drainage Plan: - The eaneeptual Drainage Plan adepteel by the Gity clelineates the majer watersheds threugheut the eity and hl-93hlights erltieal drainage struetures within these watersted_ .......... ...bed kkkk .............. ,.*...*............. .... .............. ..... ....... off-site study shall B. Limits of Study: The I............. ............. ..c cat fed . ......... .... B`ft '�'i'*St tj e­-,.C.-,­.t__,--,-_:.0. extenel either te, ... ..... .... .....Y­ ..... . .. .......... ..... .................. ­'Ats, the Gerp p-operty surreunding Grapevine Lake, er the Extraterriterial aurisdietien line where applieable7- Section 6.03 Responsibility for Off-Site Study A. First Development: It shall be the responsibility of the first development equal to or greater than 10% of the watershed flowing into the lowest point of the tract, by Preliminary Plat, Concept Plan, or Final Plat, to perform the drainage study to the limits as deseri in the p--. seetie.n.. .................... B. Credit for Cost of Study: The land ewn itially -W. .j.3 r ini ..................... responsible for obtaining the Off Si - Stu 'j 1] shall be allowed to credit the cost of the study towards his participation in the off-site improvements as outlined in this article. The cost of this study shall be approved by the Director of Public Works. Any costs deemed unreasonable shall not be credited toward the cost of off-site improvements. I f:\files\muni\slake\ordinanc\drnpolic (12-06-93) 6 1 SIX-4 Section 6 04 Requirements of Off-Site Study l rT��tj ... . shall A. Complete Watershed: The Off U.,10 ` include the complete watershed which drains to the limit of the study as outlined above This is of- the location of the development within that watershed. B. Accuracy Level: The GEE S+te Study '"..�... /'F;;:: :�•fRK'*,i shall be x4fi:ri :i;�; performed under the criteria of the Preliminary Drainage Studyfl. with the following additions: 1. All existing drainage structures shall be noted as to type:;:-ate size, and current condition. 2 . All proposed critical drainage structures shall be determined as to type and size. 3 . An accurate acreage breakdown of the entire watershed and each of the tributary watersheds leading into the flow line of the main ;:a ............... C. Cost Determination: Included with the t ' 'aitt shall be an itemized cost estimate of all critical structures within the watershed downstrea . This shall include, but not be limited to, the following: 1. Cost of removing existing structures where applicable. 2. Cost of repairing or improving existing structures where applicable. 3 . Cost of installing new structures. 4 . Cost of improving or maintaining existing open channels. 5. Cost of designing the structures and preparing construction plans and documents sufficient to obtain competitive bids. ...........................................:::::::::::::::::::::::.y:.::::::::..::...::;v';•iii:C}i:^ii:;;i'iiiY.iii:}i:;•:4iiy,.}::"^iii:i':-'.i"::::ii'ii:L•Y:Y'4 ii:;::;?}:;;::i:;;•ii:"iii;;ii:; :::•.:i::i::isni:::v:•i....::.::r:;4:;;:::y::ni' .:ii:::w::.:;:::;::.:.:::�.....:......:..:........:::..::........... .:: .:., '<-:;;.;.�:.:.:.;.; :w,' :::tic►n::.<:af: ��:�W�� �:;.:�s��€�d:. ::�:: Section 6. 05 Off-Site Easement Acquisition A. Any necessary easements not dedicated by platting shall be procured by separate instrument 0 and shall be the developer or property owner's -pe___ibil_t . If the developer or property owner cannot obtain a required off-site easement, then the developer or property owner may request that the City f:\files\muni\slake\ordinanc\drnpolic 6 — 2 (12-06-93) �X_30 assist in the acquisition. Th6 developer must gag make an offer in writing, based on the fair market value of the easement, to the property owner from whom the ea-sement is . . . ...... .. .... ... .. ........... ... igii U , being a c qu i r e d .............. d -g r costs of the developer or property owner and the City must be reimbursed for any costs incurred. Seetien 6. 96 Gest Partlelpatien fer off-Site igm-revements-, A. Adjaeent Dewnstream Struetures., Drainage struetures whieh are adjaeent te develepments shall be paid fer as fellewE�- I. if the develepment eavers 60% er more ef the watershed --- - - ---3 by the adjaeent st-rueture, it shall: be the lity ef the develeper te install and pay for 4-he ad-*aeent strueture. -i 2 . if the develepment eevers less than 60% ef the watershed --d by the ae1jaeent strueture, it shall be the- ==Xty ef the develeper to install and pay the adjaeent strueture, but the Gity shall reiriburse the - - - �r en a pre rata per aere basis when the re aereage develeps. This will be en the eurrent the impreverftents and shall extend fer ne lenger than a five year periedr Sia rts ................ ........ . ..... ..... A. 0. .... .... .............. ... ............ ;,Siiiiiii.yb. .c S. U till .................... "IM.-Wan-K .................. ...................... ........ . ........................ 3" g ............ . . ........ .. .. ....... ........... . .................................... ..........i I I. .......... WE H . . ...... ... emeA .. . ... .................. ................ ...thy.................. .................... ....... A ............ .7 ........ N. ....a..:i. ::I: S. d r *373i,.... ............ i:::-: ........lc ........ .............. .......... ........ .............. . .. . ............. ....... .......... ...:x a raln'. U --h ...... b . . ...... . .... dr ........... ............... .. ............U.-z".0.............11.1'� M**":en.t..'*...,. 3 :n M' :i MR, i im* .................... . ........... :r AM -9 ... . . ....... ' 't"Chs" VESTAMMSW, • dF- U........... .............. ........flfls ... .......... .... .. .. ....... ..........I . ........................ .... the..... ....... ..... .... f:\files\muni\slake\ordinanc\drnpolic (12-06-93) 6 3 .. trov,, ....:..... ..:.::v:•K:•.::.:::::..: .....{.:. .v:•::::;.K}...{.?C,L..Q..:}xt:h.. ::':•:., ...;f.• 6{LYf •' ........... B. OtherU. 3tt< C Downstream Improvements: The developer of any tract of land within a watershed serviced by a critical structure::": as •-e ` Ted in the shall participate in the cost of improving that structure on a percentage formula having a per-acre of watershed coefficient and a land use coefficient as follows. 1. Within the watershed serviced by said critical structure, areas shall be delineated showing the more intense land use of the existing zoning or the proposed land use plan 2 . The "CA" shall be determined for the entire watershed as a whole to the point of design for the critical structure. 3 . The "CA" factor shall be determined for the subject tract. 4 . The "CA" factor for the subject tract shall be taken as a percentage of the "CA" factor for the entire watershed. This shall be the percentage responsibility of the subject tract. 5. This percentage shall then be multiplied with the cost of the critical structure to obtain the dollar amount of contribution required by the subject tract. Section 6. 07 Construction of Off-Site Improvements A. Remaining capacity in critical structure: When the critical structure being impacted by the proposed development still has capacity to handle the increase in runoff created by the development, the developer shall not be responsible for the construction improvements to the structure or replacement thereof. The developer will be responsible for satisfying the monetary obligation for participation as outlined in the previous section. B. No capacity remaining: Should the proposed development create runoff which exceeds the capacity of the critical structure, it shall be the responsibility of the developer to construct the ultimate improvements needed to said structure 1. Prior Contributions: The City shall be responsible for transferring all funds from previous developments". f:\files\muni\slake\ordinanc\drnpolic 6 - 4 (12-06-93) contribution: to the specific structure to the developer who must construct said improvements. 2 . Future Refunding: The City shall be responsible for procuring additional participatory funds from other developers within said th watershed and transferring these funds to the developer responsible for constructing the improvements. This t3r; L? 3 shall only extend for a period of five years from the date of acceptance of the structure by the City inspeet-jen department. f:\filea\muni\elake\ordinanc\drnpolic 6 - 5 (12-06-93) ARTICLE 7 DRAINAGE STUDY REVIEW PROCESS Section 7.01 Submittal A. Coordination of Processing: The drainage studies as required < ; herein shall be submitted to the Public Works Secretary for processing. The applicant shall receive all review letters from the Public Works Secretary and shall submit any revisions to the Public Works Secretary. B. Fees r l l fees b •.•..•.ed er Preliminary Pats shall eaver the east ef-e..e��ej the ..Mj Drainage Study and Final Drainage Study as --1-.xed. 9 71 Preliminary Drainage Study reefaired with the eeneept ..........................:.,•:.......:-•. •::..:..::--:::•::::..:...:: }'rA }}:h}}}}}}}}}}Y8}}}}};•%;v::..•:.•:::::n,}i':'Y'i}i%•....}:;.}-Y::.:}}Y:{:;;:i:L:ST:::i'r"n}:.}l:}iyr:{tii}}f}:•i/}:ti:}:" }}:?i}i {,7i.Y.%,^{y}£,_}:M,,.�.? .......::.::,.:. +::'. ...: ::;}: :'�F•}}• . h � .:. '��:: �€:�:��:�����€� :;::::and. :� "t . ..f.� . >;'.'.k:;:•.:. '•�-;,�.Sti;.•.. .;;:_;;;:yj�y*��ww•::ta:::: }�{. yray(:��yy �w},� •'i,'t{{7.�y"••:C{;•::yy .�:. ..;?lrki:e7r+s}::;?•}��.?��.+ii:4?:is�:?i�.t"r.-.:',,•$iY:4Is� .:::}: •.ter.:i:}t�1 C. Reproductions: The Public Works Secretary shall maintain the requirements for reproductions to be submitted. It shall be the responsibility of the applicant to verify these requirements prior to submittal. Section 7.02 Responsibility for Review A. Director of Public Works: The Director of Public Works shall have the responsibility of initiating the review by the City Engineer. He shall additionally have responsibility for all negotiations with the owner during the review process. B. City Engineer: The City Engineer shall have responsibility for determination of technical compliance with City ordinances and standard engineering practices. He shall provide a written review of all drainage studies requested for review by the Director of Public Works. The City Engineer shall work closely with the applicant's Engineer `ft to help the applicant resolve all deficiencies in the study and shall provide an updated review upon resubmittal of the revised drainage study by the applicant. f:\files\muni\slake\ordinanc\drnpolic 7 _ 1 (12-06-93) C. Approval: The Director of Public Works shall have final approval of the drainage study. City Council shall have final approval of all cost participation for the development eurrently submitted. ......... �;:::::pr: •.}x;•}}'•:,..y}}:•ti::•}:::F.?•'i:}:.;n};.::.m.-••.tiy{4 }:•}': D. Appeals: eia * ; decision of the Director of Public Worksc : :ff F.; '_l' "`}• :::nv:6:Jnfi.+Ox4v"4 �'•.�{.,{}44v.�•\w Qi• 1V:{.,\�ww4k^....:._.i};.. Y ••• {{titiA•."�i"K. \�'T4VtiAti{ .. '{LStii A44\i1' L_ ___ --r= =ng; expressing the points 0f disagreement and proposed alternatives. This written appeal shall be scheduled on the next available City Council meeting, at which time the applicant shall make a presentation supporting his appeal. The determination by the City Council shall be final. Section 7.03 Impact on Subdivision Approval A. Downstream Hazards: Where it is anticipated that additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility, whether natural or man-made, and result in hazardous conditions,— '�::>:t'r;�:;:':.�;`:�t � ��:1g Commission and/or r Council may withhold approval of the subdivision MM until appropriate provisions been made to accommodate the problem, and plans a s Dead provided which include all necessary offsite improvements:; including storm sewer systems, channel grading, driveway adjustments, culvert improvements, etc. f:\files\muni\slake\ordinanc\drnpolic 7 — 2 (12-06-93) ARTICLE 8 ,,. RETENTION AND DETENTION POLICY Section 8.01 General A. Intent: It is the City's intent to consider retention and detention of stormwater runoff as a solution towards the adequate control of potential hazards created by stormwater runoff. B. Scale of Review: The retention and detention of stormwater shall be considered on two different scales of development as follows: 1. Development Scale: The larger development scale project shall consider the use of stormwater management basins, retention ponds and similar solutions for controlling peak runoff. 2. Site-Specific Scale: The site-specific scale shall involve those tracts which are not being subdivided or have been subdivided prior to the implementation of this ordinance. Section 8. 02 Development Scale Projects A. Review Process: Development scale projects shall be reviewed during the plat review process. B. When Required: Retention/detention within a development may be required for any of the following reasons or other reasons deemed appropriate: 1. Existing homes, businesses, or other habitable structures downstream are currently at a flood level, or are at an elevation such that any increase in upstream runoff would put them into a flood situation. 2 . The runoff intensity of the development is greater than the runoff intensity used for the development while preparing the conceptual drainage plan. 3 . The developer may choose to provide retention/detention within the development of his own accord. C. Solutions: It shall be the responsibility of the developer's prefessienal engineer to propose a reasonable design solution and provide necessary calculations to justify the proposal. f:\files\muni\slake\ordinanc\drnpolicCW $ - 1 (12-06-93) Options to specifically consider may include the following: 1. Check Dams: Small dams or drop structures constructed of concrete, gabions, or rip-rap and located in a drains ewa Ivdat :.,:;•.': >':; used in g Y Y areas of excessive grades to reduce velocity, to provide some storage, and reduce erosion. 2 . Detention Ponds: Detention ponds are designed to contain water only during runoff periods. The high runoff flows from intense rainfalls are captured in the control basin and released slowly over several hours. 3 . Retention Ponds: Retention ponds are designed to have flood storage capacity in addition to their normal contents. During dry weather, retention ponds are used for recreation or aesthetic purposes. Section 8. 03 Site-Specific Scale A. Review Process: The application for building permits shall initiate a Site-Plan review process on all non-residential properties. This review shall include a review of the site drainage. B. When Required: The City may require retention/detention of site drainage for any of the following reasons or other reasons deemed appropriate: 1. Overdeveloped Runoff: The runoff from the site is greater than the runoff "C" factor for the use as determined in Section 2 . 03 of this ordinance. 2 . Change in Use: The use of the site has increased in intensity of runoff since the approval of the subdivision, or since the approval of this ordinance. •}}:?i•}}:::::::::::::::::.:::.:::::::-:::•:::••y::: ...v rr.....h.. ..h.::>.h'h::/.'.w.?w::::::::••:::::::::::::::::.-:w:::::::::n}'.}•:::n::x:::::::••:::•v:•:•:t:::::w:::•v::•. PU ;::.}.'3}v::.}:;::.}':::}y:.}w?iiii:h};{..}.rr xtiM1.v.:;,;':.}•:.}:�...{...:......}. ?•...}.....:....•}...•}..:.....{::}• :....::::.:.....•......:...:.:.n...-..n}}.:-....y..y..: ;}}y...v..:}.:n � -ova:::::; � <:>;� -' :-::» :.... :..:::::. ..'.: ::>:•.}.. :..-.:. .�s�:::::: :>::: �.��:r��:�<:< : � ::: ':::i::'ii':Yy'ri::Y%iini::i::i+r$i::ii:.....}}'}:;.}i;;{'.:::::{:•::+.Y.y'}:::'}}}:i:'::}}M;:::iiiiry_::i::: .:.....:....... ...n...:... x..:v., !;:n}w:r........} v.y.:::"•}:.... ..:......:..r......r..... .........\..:.......;. . ::.]I;:F}}i::•:r..y..Win}}•v:..}:�}}:i'{iN:r:•}v}}::; C. Solutions: It shall be the responsibility of the developer's professional engineer to propose a reasonable design solution f:\files\muni\slake\ordinanc\drnpolic $ — 2 (12-06-93) ,F/1)_-3 and provide necessary calculations to justify the proposal. Options to specifically consider may include the following: 1. Parking Lot Storage: This might include depressions in the pavement allowing temporary ponding of water and con- trolled discharge into the drainage system. This might also include either central or peripheral grassed areas to hold and filter runoff water. Any accumulation in a paved area shall maintain a depth of less than one (1) foot. 2 . Rooftop Storage: Highly impervious areas such as indus- trial and commercial districts,, having buildings with flat roofs, may allow this type of temporary storage. 3. On-Site Detention Ponds: Grass lined depressions where water is typically dispersed through evaporation or percolation. f:\files\muni\slake\ordinanc\drnpolic 8 - 3 (12-06-93) ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.01 Contingent Warning A- The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as bridge openings restricted by debris. This ordinance does not imply that areas outside €lead �..:::. Plain areas or land uses permitted within such districts will be free from flooding or flood damages. Tww..w:•. +:,+Y.4}}:r':}}}::i}Y.i{-is?.i:}}}:�v'-}:-i:};•}}}}: :}r4:??:-'��•}i-i:::.}}:{:�'::i�i Section 9. 02 Maintenance : as <<.> <- - t ► A. General: The eity eensiders the issue ef maintenanee very naintenanee e ..""Drainage e Eas ements s With No Structures: It shall be the responsibility of the owner to N. 4:•Y?:!4}:rf•v:ny {ii:?0::;}S:r?.}:'+:{??0:.: .,: l . .4:j?ri.4:•:?::???:it'•�'4}:/::}:y:•}:{:••.at?4j 4:k:"f.•:4:??f? ?: maintain alleY�: �: a . ?;< >:: ,{ t ' :,. /» �-1 :::.�:::::::::::::::n:�:nw: +.,.}•-x:w:{:{:::nw.fi:ti•.::vv:ini::\:}::•}:i�•n+:•i::i•::::::?•:.v.:i fwFi}Y.•f,•::}:::tx��?•iT:bA*.\•:vfiH.�4:}AC4:•h+G-}ii;-: ` - te�ee�a- r�� dra ins e 0 . 1a� M. . -::}}}}}ri•}:}}...,V::v:::;:;...;;;.}• �;x4}::•x.;;}•.q••;,.;ra:.•:r:•:}:•.,ova' f`^ ::.•S:.a�:•'7a•.,,3:f:•�,::•:.;::: \•:r:;:kh'':.: :.•�; }:.}:.;. ...........::::.}::::........................... .. 5.....,.:--.:••:r:::•,':%a•:.?:;:;: {..::}::¢•::::.�+::?'o'MOM--,•`<3}`?-•.}.;;. : ..::.f.• : r` .,,,:�:..•f,•.•',:.{.:...:.:. .........:.:.. ....... . ':'�i'``9f1�. �{ik -1�.�/Y•.•if1:'.:�.'•���.�..�•�:7r*•F.�ii .�t.'•i?��?ti: .'S,.�F. '.;< i'•.\++v+�•:?•ti?O}?}}i:-}Y.-}::;4':•::i nv\•a:}!}i:^::•}'•}:n,Y 4:•4........ ............vwnv:::::::v:::::::n...:..........,......•,v:••:•}a':4:•}}:•}'??v 3}i}}::{•:}':'+'}:'::>;y..v.::•:}:•:?•:?:•}::::}i^• :..f.'•+}':::::::?,,.:w: F.n-:.......-w:.... r ............:::. :h.:.,..y;..f.;..;...:...}......}...{Y}n.,...: Y: ....;nt;..; �f r?,a?fir.,,•::•::.•n?:?•.i"{•}:•:XH. C ....: Drainage Easements With Surface Structures: It shall be the responsibility of the Oft ear to maintain all land and surface structures within a drainage easement. -h--. e : ::::::.:::: ::::: :.:..: ....... ...............................:.:.:::: :.{.:::::::::..:.: ::::.�:::::::::-•:::::::v.:::: :w.�:::::.�::.}'.}::•:{';•}:i}:}:::::::::::.w::: :::: :Y•:::: :::...........•:::::}}}}:::n}w. .. .................. ..r.:::.::..............:...:.:::::.::::::::::::::; ::.:::::: :::: ,............:..............:...:..w...: maintain the intended flew -ef water in the str ems..,re Maintenanee--shall net elud er whleh have been destre'yeel—by eresiei- or ethenatural: eauses.The elty shall replaee these struetures as fund' beeemes-available at the-diseeetien of the elty Manager. f:\files\muni\slake\ordinanc\drnpolic 9 — 1 (12-06-93) 9791 -39 o- • Bar Ditches and Culverts: Although thes-a items are typically found in R.O.W. dedicated to the City, maintenance of these items shall be the responsibility of the individual ' a_a e 0.include }•'::::i:}..:i��.:•:•:;:::.J::::.}..�.)JJ-�� -'•;J}}h J"•J:jJ};J;J;I;"•.. '• t€ This shall gtt:4? � <:?t ' .....-••;.;;.,•;•:.,,;c;� ..:},•::;:•;•r.. :•:},;}>:`:tom.>;:;,,;:;:y;•?::.}'•.y:?:..;o:••;::�:`.::::c,,.:t:•-.}-: •??h a'�*••?:.:;tJ;4,• ?.y.}}..<;?>.;.:,ky}}2}••.:#�•::�:'t•`.:•NIN `.:rr.':k: d.}:b:•:'••v %<;fQ}< ';ti;�:tll.:SY.bfr >}:::.• f};.•' .:u...,J :' 4' .. .. m'z'--zmrrTi el�ai`tee—ate.}—�°►�� r�3ee izi�r�re—uteriirr�re as well as ere —9 eetio —e drainage aeress the prepetLty. Maintenance shall also include periodic cleaning of culverts to remove all sediment or other hindrances to the flow of water. Culverts shall be replaced by the owner should any structural failure in the culvert potentially impede the flow of water. -::•';:5.:??:j::?:::::::••'}:.:�x.�.�•�y;;};•}:??fr.}i�?;?T•:;4:L;::::::.::�.}.,t_.y.}:.J�.}...t;::::}.??.}:?::Y:!:::�::::Y.�:4:;:J:•:�::: }... d+a .10V ;S ` ' : Vic ` ., ff.. x i:•xr}• •+..., :`,•,:..k•.t� .:.�:.:::.:::.: ::w:•::::::J::::::?Fi:.:::x•:::f�:.}:,C,:.r-.:}t •:+.•:�JJ:•�fr:`r•:.f.,: >M c a.�.'. tf 'h ..,bal ... :. .r\}:::::::�. �' :nSA•J:v:v::::v:::u :::fFf'+'�:}. v:::::::::.�.....................::::h• ,.::;?•}}J}JJJ:4J'h:4::^J:•}}......... :y::n:':ri;r;+•J'•J:•:�%^"..... v...................... .......... •.�.�:•::••, ,[ :::}:::J::rN..::=i:•.:J JJ:: r:4:.::r$J'`r4}}J':!i: :Y}:::}i?'-;'v:'Sii:J'SJ"r:yr vv}::r:fr•}}::.ti;.:::r��•r,;}:::J. -::.._:::..�::::::::.:.:;::;.}:;?:.}:;.}:.J}:;.J:..}...::..;.>:.}J::.:•:.}:.}:.J:.J:.;•:.}'--}:;.;};J}}:";.}:;.J.:.J::.:.J:.J:;.J:.}::�::.}:.:?.:�:.J•.;•.x.J:.:;-}:-:.}:?.;:.>:.}:.:,:.}':.:;...}:.}:::}:.}}:;;:.JJ::.;:.J:..: . ..................:.: ....::...:.....::::.:::...JJJJJJJJJ>J;J}:..r.............. .....:.. ... . :}:JJJ}:J:�;:?•}J. .:.;...,�.a";?•JJJJ::"•.�JJ '•J:u.;:;ff:•:":�:tt:::J;J:}•�:5:'�:�''�-.'<'r:;. ..,ter rti.�•,.��....-.• � ..:...- ;yam.;�.:;t<';y.'�y +� may.•.r::'r�+...- •-ter .�:��'' �.� .•r•:...�.:. -+j#t�i ':� ..� �r. :••:�;',:.�}•i•i- .�•F..'�:3i•':�.-' -':'4'i' :.ter ,<+•r �w::�:?::'•i:::.�•::t:,�4'�f•.�,., •i';F•v :.; •}:•. ::./,'v Jv;'C�F?, \,..Y:.;.....\;J,. �� •' ,+.4'<:? };� .,. •:•J��•`.•:'.``•.•.}>:��t�•'??;:.��•'t?':;:'•i�•.':r;2:::_::•xv:`•�:•....`'S?,,} •:$i,:::.,:•.';d:$=9,y;:.qy}:S�t;?,-,:..,,},.:...}:;k .::.•ff'•'Y''``':'tC•oti.ffiyf:>•{.< H�/�? ........................................ b:.':: :: . € .... ::: ray:>:: h ::<: :f x za »<> `:.,..::...,...? ::.:.,:; ....... ...........:... a :..::::::::.�::::::::::.:.�::•:::::::::v':}:;;•}'.}:'?}iY.i}i?}}}}}}}}:;.}::.{:::;.J}i}y}ii}}J}i:tit•ii:•:':G:1:•i:•:;?}}iJiii)iiii:.::.ii}}};iii::.i:i;•;?.}•.}:.}}}:?':i:;•}}}}}}};;;•}}}i :.ii:.::-:i}:G}:}}Y.:-JJi:•}:;4:<:.;•}}::.: :}J:L'i:•i:: '.'.:::::::.:�'.::t::::ti:::i::::.' :iiiii::;. �;...::}: '.. :iii::i:::.�.i i:;::ij.? ::;:jv ....}:.J:t�:p.:�;;;}; :�}}J;:.};J;�'.:.}:.:}>}:.}>}::;.:.}:.;:}:.}:;.}J:.}:.J:.JJ:.;':.:...J:'.J;}:.}:•.;';.}JJ>}:.};:.::.J:;.::.:}}�:}•.:}:.J::.J:.J::.�:.: + '«<. .......... .. . .. . .. ..... ........................................... :. G}:ttLiJ}iii:::} ....J... �:.�...:....r...:•:�.�:'.::..:...:{�:•v.�.:••::xi:......r:.r Y�J........ti ii':":..•i}...:'�:'.:::iii:Y...:......:i?.:. ..{..x...�i}J:.:::..:...}L}v't:.:: .. :.ff. };>::«::;<:::}-;.l?'��:•;•'. .w��: ::::� �:::;::. '•.•.�:�a��csn�:::�:�f:.:ncaE:t::»::�:��:�:::}:>:t�an::�.<t�nf:i:::�:� . a- >s: :�� .�:�� ::::::and`:.}:.;�raa�;.}:.;:..::.::;:.}:.J:.:::•:.::.......::::.:::::::::::::::.�:::::::::::::::::::::::::::.:::.:::. :.:::::::::.�::::::::::::.:::::.:::.::::::::::.. f:\files\muni\slake\ordinanc\drnpolic 9 _ 2 (12-06-93) fie. a :>:: o:::> >:::d z :> :::»: n:«<. ....a ::€: >a Win::>::: :ct ::: ...:..::::... . >}`.`�.`:'::: >}.<;:>;::>:-:: :.::. �. :. ::...' :...... r►�a`:.{: E aE'3 1� : #r'tt: E t"R : [�!i�4 :'•.: �`•`:>' .}J}.v :\ 4F�+4:sr.•. '..?.?:k:::.. A11; K}7f:: ,'�i,, vi..Ati .A*�i,:; .,...: .'..'. :•..:•:.•nv.....:::::......:::..!^:R..:• .�'fi• }}':n:•}::::{\:•{::;:.v:..: : \ ,M}}}:}:+3:•}Y}•'ti^::::•,...'. vvj{:"4•}::::I:i:{}}:r':• ... Y.f.F•�-,vim?.::.}:•}:f•:J:.irr.::}:S .�.,�r,, x/.{y},�}•.iili{�',fin.. ..f. f.:. :�`a {•.:? ;:w::: f•,,,• k':.: ;,:,::'" x;:....• .?X•t\, 11 :..::.:.:.:.:.:.:.:.:}.vv::.\,•}.:i:v:i:.::3:M1::::r•::.<.v{:};~3'•:v�A•:,.;r:::.-`.t:--vY,yx 3:^•v::.:.....n,...........;.:i.t v vv t:'fSC...,•:...... ::=}. �ilNy'li�.,.f+ :`iA�'.�''.E'I{.'f1Etf•f�:. :}':::.''':•''i i�.:M:::+..?. ::':xi''•.:Ln4i�.Y}��:ii•.S.�f•'I:�f�..�P•M�'.�';.P.`}�.... :i}Cii{a'i iv .... .� : ' :}):}.>i 4r it i. ................. :�:f.ki.�i:}{'v v.:v,�.�T•l.1,.F.,].�•,F�.yvr.��,MIa��,.'::'.. .< iit'r'':'Li:�:.v J.•.:.�..$�?U+'. PRIDIR t •.�,:fn<.;;.v:{••.fn,� �:•r••:f:�?;::'•,•:.;3�•::::;:`.}. ::':'<i{.J.�:,•,. 4...\?tst•};;.y:ffi2{•�i{a}:? {•v.•:.:�f/.••+{{f::{•}�{{{{:••{::..i•:;:y•f}:•}:n}•:• {'r�,,, :�•:v:.vvvn�{v{,{v:i'r.:Y,t+••v:..v tY••' .' ,\.,C'i.J 3•}Y3. +} d? �. }�• i0:<�f/iYF,.;;•i3v,+�, l.. J:ffff':rt•l :.a .v}}tb•,• :hv p.�rv �. .3• <Yi�F::} �} ?V}$G�'.'• ''c3ti�Q'�''�n�,i •: : dam` }t�1i '' :.. -W` '}:•a..• .gyp}. ' :'v `•Z�. i�::•;:{rJ},}" F'3._:;e3. }.v. :.;..�nw•.3,�}; ys{-z..:•, •.'�•'•:•n• .:.)••:. �,n•. '.`�J.{C:. ..t.2•.4 yrt.�f.b..... �Y.,•i' �•�3.!.;'U{?• '. �,t•••,: .:: {::.i•+; % •:{;.},.,:::.C:..; .{• k.::::::yN.3`,f :•n•:•. .f tra i..y::... :..?:� ♦<•• .'{ :oi:-:Y..n,i•}•:::}}:•r•:::..:Jt}:3:..�i��,`.r:.::.},.-'+ '..py:Y•• •f..7 r 's.:�+�.':}'2:>i.6J•�.'.•.ir:+{t•:.?`rri:•}:••tr'.•fy}:-.::}:•>}Y;}'••:<':{:.;fii':f):. 'y�� �: •-hx<•:c��:��e �:��na:..: .:-ate:: :<r�.�•.<..:::�:a�:%•� n� :��d:+:5/'6r �.:�� w.:l,•k.'�,�w,.C. ....:..:..:.:..:n..•;•;..,..... -..}:.}i}:3...;.•,• .i}JJ}:3....i....:..:...::..:...{.4.}:.y+... ..}....:ii'::.:?:::.....}...: ii}::i:::::i::.::.::;,; :;'{f:•+:.::.i':::::: :r •3[6. sagas a (� > <b osa < ......................................:• ..w::.w::w:.v.v:::x::::n•.v w::w:.::.n.:.:w.w:u:..........;n; v v...Y:•}}ri•}i:;•i}}}:•}}}:•}.}:{{"}}:;;3:3}i}:-}:•:}:{;i-}:�3:;{•}}'{i}}:{{3:i;{.w.}:t. ..vw•vt:/,. .q:•::v:..:... ;.i:•::. •.v is•- :. :.:...} •:..... :.:. v:n}::v.J:{{::^:•;;{•ii}::'4}:i:.}}:.}:{;;.}:;.}}}";.}}}}:;;.}Y;{ryv,{•}'.}:}}::.}:{•}}:•}:•:i::.}i}.:•`:•:}::?vxx::}Y+'.:,:_::{;-}}::. }..:::::}:•}::.::::{::;:{:.: }'':.}:::::;:::•i}..;..::.}':vv::; ;':.:.. <:::>::.:. . . . .... ::..:.. •::>}:.'::'>:>::?{}:>:��•:��::<>:s��rk�:<:�:��a�� <:»:�5�::><:>may:1.�....:::::::��:}}:::........... ..:•:.I::.}'.}vy-:r:::: ................ .::. ..:; '::::::.J'::::.}}:.}.'n}..:}}}}':..:.:: i}.:.:. ;.}....v ::::•v.:i:: {:::•:•3}}}.. ...}'.... }i'.r.?'?}i..{+.3. i...;.i}:..;..:i"::}}f.......:..:.......}r::.......:......: m. .:.::...............::..:.:::::::::: ::::::::::n................:.. :::::......::::::::::.::::.:: ='o>•::::. ::::>: ta::; :..€: ..... ::<: a t t a.............................................. ......................::...:::::::.: i......:::::::.:::.::::::.}::::::::::::::::::::.:.::::......::::.:.:::::::::....::: ::.: :::. ::::::::::::::::Y:::::::: ::: :.:::..:n..:.:..:::. t...:::; :.'>:::::::: :.}:: ::}:i{ : :l }}}}:-}}}}:{{{3}:{{;{•}X._}}}}:L¢}i}}i;{iiii::i} .... :.:.::n. ............... .....4.....;...••............. •.}"}}}:{w::..x.mn...:...4::}}:4i}}}}::.}}}}}i:}�:;{'v:}:'}: ....... d�: �o :> :ru :. .v:n:::. :...:............. ... ..........:... ...:.....:.....:.:.. . ... •w:}iy4:}T:}:."::h:.:}:�}:<}f,4aw:3y�;'}};:}...:J:}:}:..;:}i..;:i::.i:::hi:':.:L;:{••:};:::::in;:::i:;;:..i•::4 i::.::}s.ei...i.:i.:'f..:ti..ai..:.:(n..e:ai.:�fii..r:i1.:aj.::i....i:...it.;.:.ri.:.:::iv{e{:::::>}:.i.:.:x}.::.t...:.:.l.:..;..:...}...::::.::.v.v.::.:}e.:v'.::.i::..}..,..}..•.:.w...,.......:n%:::i:Y?•:f.�}:.}:i::;:::.}�wn:::::::':'.`.�yv:•:1:1.�y.:'.:.n.r:;.:i.. F;}{..{.H..a�.::....n...:..�v:.:.,.,.:....,r:..�.,...C},ci v.:1a4}-.r:•}?a::w's::;:.::.::x.:'i,':.:•'7 x.:}i:::�<.;:t{.f♦. ..•r.:$.{v..n'vn:,.•3y:•:.:r�n x...: ;-----:. n..::.v.:} ------..: . .... iw f :. .....m..%v.........::}}}...... : {:�{4#; } d :}i-? N� . .v .:.n<'...:.:..v.��:::.r 4n,:F�:}�: .� .. ..... ......... 5 ,.S:•.•r:';r.•:i,.:' .. .::...................:.::::::::::::::::::::::,.::::._:::::::P�:::::::::::::::::.:........4......_::::: ::{. {..: :. . { :.... ....:Q :: d:::>::> ..:. :.:_ ::::::::::.: ..:::...:.:::::::::::::._:::::::::::::::::::::::::::::::::::::::::::._:::::::.::::::.:. :...:::..:.:: ::.::::::.::.::::::::::::.::: :::: :::::::::::::::::::::::::::.:............::::.:::.::.::.::::::::.:::::.:::::::.:::..::..::::::::::::..::. :..:::::: :.::.::::::.::::::::::.:: ::.:::::::::::..:::......::...::.::.::.::::::::::::::....::::::..:::n...::.:.::::..::::::::::::n::.:.:..:::::._:::::.:.:::::::.:::.:::.::::.::.:::::::.. I. ::::.i'..:':.}..;.q':.}:•_::.}':'�iiiii::.}'::{':'riii'x:ii::}}v.•{:{n...,.,i..... ..:::.....:.:::..: :.}}.:.. ..,....} i}.t}jn:}':::'•.:i::?{...::.:. :. •` :::iii: •' :.:}' ':i:ti .•.•.:.•'.�. }:: :.. ; :::::> >:: . { e '::ea<::;:f }:..:.:.....:.... ::::...::......:::::::::::::.................:...................................... 9 t�3. >eitp3 ande >s,�z h. ether iYas ;;.:::»:::>:; .. ...;..:} >':.:. :»»»>:':..::>::>:>::: :;::»:...:. :.:.::. a ::::s:»:::.';.:;::::;:: h .:..::.... .....a�e�......... k :.::.:::::::.:::::::::::::::::::::.:::::::::::::::..::::::................:.:.::::.:.: ::.:::.:_.:::::::::.::::::::::..::::::.:::_::......................:..::::::::::::::::::::.::.::::.:::::::::::::::::.::... :.{::{::a:1:1::::<:a: .'.fable:.:{.;:tee. >zre��z ...: f er:::::>: ra.»ter::>::>: ancicw <:«mst::>::::m .::::................... .. ...............:.::::::::::::::::::::::.q .:::...:..:.................... d v...:...:.... .............:.:::::::::. ..:::..:::.::::..::::::::::::.:::::::::......:................,.:........:......:::::.:.:::::::::::::::::PF.....:::::::::::.::..................:.::::.::::::::::::::.:.:::: :.: :::::.: :.:::.........:::::.:::.:::::.::::.:::..:::::::::::::.:.::::::.:::::..::..:::::::::{.;:.:::.:::::::...:.::::::::.:::::::::::::::::::::::.....::..::::::.:::::::::..: ::..:...:::::: ..:..... ..:..:.... dam' : 3 s .. :::>::< ......a�: :.::.:::th .::::. ........... ` ...:::.................:........::..::::....... . ..:.:::::.::::::::::..._::::::::::....................: iothar >::: M. { . . .f. :.::::::.�.�.:::::�:�:.`"....�':,......54�"*::::{:��.�+�::::: ...�..........�.. ...:.r..:.:.................:...:::.. ::::r.:::::.�!�f�s...,.:r:.. }}}'r'i}i}:4i}}}}}}}}..-...•.i};: ..:v: ::n:.'i}:;•}i;::}' { ::{•}}. ...} }}' ...:...: ..:..........: ::.:.- ::n:{,v,..;....;{n............... F ..,.. .......,.............................................:::.v::::....:.::..::::.v:::::::::' .:.v:.::.:::..:::::.:..:::.::::::::::: :..i:}:::::: ::. .::::::::}:.'.::i.+}:i;:i'ri:}...::::.}':.i:.;:.}•.i�:.}ry:ti:::v.}Y:.r:.}::.. f:Ifilea\muni\elake\ordinanc\drnpolic 9 _ 3 (12-06-93) Section 9 6-4 <'Q Enforcement A. Development Permit: No development shall be allowed within the limits of the flood plain until the developer/owner has received a development permit from the City. This shall include grading plans and other requirements as outlined by the Director of Public Works. B. Building Permit: No building permits shall be issued for properties which have not been analyzed for potential flooding, do not have applicable floodway or fleed plain qi1 limits shown, potentially require a finishes floor elevation in excess of that proposed, or do not fulfill the requirements of this ordinance. C. Final Plat Filing: The City shall not approve any Plat `V ' for filing in the County Plat Records that does not meet the requirements of this ordinance. ............... Section 9-4)4 € Modifications and Variations ------------ A. Compliance: Where the ' Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements 10000-1104 0staaM may be modified to mitigate the hardship, provided that the public interest is protected and the ,, .;> i€tes the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2 . I modification ;::: er>:> ::::;.;:.>;:`t `==`= will ijet �` t�:�,� �:�:�:: �..;.: have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of 11 Council: At the discretion of the 3 Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the•standards specified may be made only when the Council finds that the plan provides for t:::,"r" _... -c_ iene` ..........;::.;.. �� � "` """� and safe access adequate space for recreation,• andtei light and air; and offers all essential utility services and necessary public and other facilities;:;":; aril is in conformance with all provisions of the City ? aC Cede which specifically apply to Planned ?Eai> Development . f:\files\muni\slake\ordinanc\drnpolic 9 — 4 (12-06-93) (6w, Seeti-en -9- 05 Vielatiens. 9ZTl'xZZ be fined ne te emeeed Twe Theusand Dell-arsand a;a cca a a. permitted te exist shall eenstAtite a separate effense. .......}}'M:•}}}}}:::?:::��'}}h. vAy:h•••h:::�:•?x`"}}t}':}}:h:?ii:}...:}IU:;:h:•�";}}:h}:Y.':vv:n::n:::. ....................... .n•: vvn..:.,..,.••:v:nvv:•;..:....:•., •-.,-.:.:.., .;..v...xvr xvnv.::.n:••+'h:•Y..::.x•;•.i�:Y:{?h}Yh}:•},:•?:.Y:f:}i:•Y.{hh:•:Y.{?..:.}:?.}...:.}'-}:i:.}}}::n••;:;?•:}}}It:}}:{?:if"hWff��7h>�,yF..►•f:p}i}:?? ?tth:.::::::::::: .h}.+...f•.\...h•... .v.n•wvv, ,�.,•t� }, 4 f �M F..1.i7.77.i.• l : : ::.v:::::::n,v...... ..... x•.v.v::w.•::v:: n4....4v.n.. {v.v+.: a v;h•}:n}}•.}•::::::::.:::::....... ::�v •}:?, •r R:Y1. n•::.}• }{:.:.}: :.f:::::w:::nv,v::..h4vv v�: ff:v${:}i}}h\ �1� v:••, }•}• 1./ ; :: :ynM, :: •.!:•..t..:n ,y1y �' ` .1x4+ h :;? �f t+ �.V.. ...:'�iLAk /f.- �e!; :'.i~•.:}...1l!.Y •...••.v�.v.?..:n..::N....... .•�v.::?-: •:?•}:-::..::::::::::::::::::•.:vv::r.: ...f......n........ :..: { r.{v:.....vh:}.v............................... vv::...............................::...::::nw::.......::m:.v:::•x++.+�•.•.•rr.•.•:.:: ::::.v::n:v::n:....................................... ...... ...,..v }.vv.v:-•w::v:v:w;.•:v:nh}n:. .....;•.v...............................r.. ':?.}}'::•:......::::-v�qq.�v�:xi'+' ..x v:::.:; .... ..,.{.� .}... .'.. •�•..l�• .y�(yy, y!.::r+. ti::nn•.:• Y%?v. 4'+i: Y�'iti?• ..f.•.}v{y:::^n .µ;.:.,' .. '`:ii11!•IL+..f•.: :.•}..• � f .1✓ ah : i .. fI:fcc� ::: : ea :. n: .::::. ..........x„•.:.....................,......:....:n,.......:.....Y::.,,......,...•. ............ • }'.:::::.::..:.....,•::.:::.F:.}:•:.}:••?,•:?,,:. .`i••• rr.".::.. ... .....:•::..........a:.?:....,}••4v ..::......n•::,rt. : ,:••} g.:" };`}'.v hs`x<..v,.;.r}r..•. i#r.}%•: :i.,•'' •'.: '^`-i�•'. .i`.: •'+h. ?'-.'•'K`;.i0.•.,'. ': }: .5'it.?,.'':,ii`�:R,t.'iis.;11:K�.hh'•,.'••..f4iF•t.: :><.:;••'.';,'.,`#!r:•} fr2eF'} . •:??k'����,'% 'r,'S`.-.•.,..E. .........n.n......• } .:::?•:•.v:r...-}:'.,}:?{.ti... v f:..... . 4..•.:.•..:..v::v: }^..• : i.....},?•.. },: }>•.}}• +f�v. f,.f•.h ,•?.}•::::{?:?•:?}.....:•F.:..,..w,. ..:»Y.. •},}:.,.',za......c,'::a'.•••:......,.n}•.•.::va?",,:: , t:>:} }}:, v•2?C{�t•£{::, ..:nf.rY:.;Y,.:.}AS:.'.. ..+1 •Y•:.:C :?:3'•.:::? ........ ..... 4 2': .r ..:• •:• Q�:a�.� ..�rzl� .t>��.��} ..� ��ar���a� «�+�`+o<:�`':.�•;; ���4:.# .::. ��'4 :+..a.ia.•v�:� ... .v...................h rr:....,.::.:•::.};r3:,.:::..:::::: }::::::::n::::•......r. ....r•.`�.•'.•vv:+•::nh':•f::•}::xf.:•}•}f}:/�.v.?- }:;•}:}:: :{{:h- --:w:Yw:::::::::: n:........:::.::.:::::::/..}::i.:. :::::?'.:•:•. ryAv.•.. :v iF}i}}; re :...:....` ?{:::..•}..v;i:.i:" :: :.}' . -: ..- ::::SF - c ,.:t...... ..:......................... ......,........:.:::::::n.:::::::::::::::::::::._::::::::::: v��y, :ji;:;?iiY:i::}::{i:::'}:�i}}}}:.}:h:?.:?h:??O}}:?h}}}}}}::•.}}}is4:{h}>}}}}}:{L}::}}:h}:n}}i:•:?•:i{':?:}rih::::?ii.}w.}'::::.v.vm':n}':::w::..i:vu.}w.}•rx:::t'.}}':::::::::r..vn: .:. .. .. .vx-.t:-:,�;];`y.}1Y\li�� �W:$:>�1iiiMi4•:ii�.SA:.•"'iilV.:i$}\..�il:iw.%7�.ii.�.^iv£:,�i{::-.: :i�;.... .:vl•Y,. vn:{.��:ti:3�}:•n�..lit,•,li•7,.34 �..�.... v:::::::::::n..�..................:................•:1.v?L}:?.}}:?h}}i}}}}}}}:isC}}}}h}}}}:???L}}}}}:-}}..::...............................w:..._:.:...�::::::?.::::::::.}..:::::::::::n.:.:~.. .:::..:.:n:...:.m:..:: '.. h;•}: .hii ::n' ..:•::;.:. •. }hhr':v.:.:4{�:..v}•:.}.::.:•:::. :. i{vk.i• y?�� A� 'y,� •T�'..�« {.. ....��f.., .: ks . ..:.. ...::::..:. a:�' .h: .�•'}.' �a':. :�.�.. ::•:;.��'•'��.•`:a.*'r.7i#--�i.�'-"�ll�.'�7.:.•"�+•'.tl:#�'.•�i�•':":,- .-�r4.....�}•�+... :�te�,..:.t,�...`.�,.•r`�s d4 ........... .................................. .......:...::.v::::::::;...•:•::::::::.:.:::::::::...::::::::::::.:.::::::::::...:.v....:::::?;:•Y::•:?h}:?n;•}--i;-i};:.}.}:.}:?????.}.........?.}F:�?:.:..?.}...??;.J ":i::i:is{•i:4}:!? w:::f...}' }'::........:�:n::::.}'::i. itii. ...�..r.:...:.:..?} . •: ; }:.:>:<;:<::»::::>:.:.i'?:...: -.' :..? {:max:::}:;:..: :<:>P..':rs s ;3€ a ;: is >X"n-M- :': : .. .:..:::::.::.::::.:::::::..::. ....:.: ..v...:.. . :..< ..? :: . ::..: a� €1 . . ..:: .:::::. .:::: . .:.:: :..:...:................................... ::::::::::. .:::. .... .... t ............. ! :: .. ....:::....:.... ........ ••' ..,::}.<.}:::;,•-::.}:.}Y:a'.}:.}}:?.}:.}}:.}i:{{.}'.:hY'.}Y::.:::r:.>Y.Y:.Y}:.}.:.Y,:;::::Y:.}..}:,.:.:.,.... sa ...iir Or B. injunetions: The City shall have the right to institute an action in a court of competent jurisdiction to enjoin the violation of any provision of this ordinance within it' s municipal boundary or within its extraterritorial jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Southlake. Seewen 9 . 96 Se b' , •a... of .,. . .. phrase, elause, , paragraph , seetien er part in er ef this erdinanee shall be sev M l B. if any ceurt ef eempetent jurisdietien shall judge any r phrase, / , / this ardinanee te be invalid, sueh judgement shall net affeet any ether Iphrase, / / paragraph, seetlen Said judgement. f:\files\muni\slake\ordinanc\drnpolic 9 — 5 (12-06-93) er ether whieh judgement shall preperty, building, I said judgement. Seetien 9 . 0 of i e i_ r,r i- - - A. This Ordinanee shall be and is hereby deelared te be etimtt 1-atioe ef all ether erdina ees e€--the elty, anel this Ord ------- shall eperate te—repeal er awe i ee si-tent er in—eenflie wl"_.. :'-=he—previsiens ef this r if an / l wl Seetie A—General: a l l ef the—regulatiens—previdea—ix this ordinanee are hereby deelared te be gevernmental and far the healtl-r-, safety and welfare ef the general publie. Any mertber ef the ea-€e reement a f this—ord inaaee, a eta I shall net thereby render himself persenally r is hereby relieved permitted in the diseharge ef his said duties. B. Pre€ess-1 eTiaz-niab3l-1-,1 The ---------"-- -Ta(�a i' -- -.. ""'^ -- .j the study. PRESENTED AND GIVEN FIRST READING en the day ef fer preparing the drainage study shall re-ain liability fer n I at a regular meeting of the--Eaty I Texas; and GIVEN SEeeND READING, passed and appreved an the day ef f CrT f:\files\muni\slake\ordinanc\drnpolic 9 _ 6 (12-06-93) Mayer Attest: f:\files\muni\slake\ordinanc\drnpolic 9 _ 7 (12-06-93) Lone Star Gas Company 301 S.Harwood Street • Dallas,Texas 75201 May 11, 1994 Honorable Mayor Gary Fickes and City Council City of Southlake Southlake, Texas Dear Mayor and Councilmembers: On May 11, 1994, 1 filed a Statement of Intent (Attachment No. 1) to change the rates charged for natural gas service in Southlake which is part of Lone Star's Mid-Cities distribution system. The new rates will result in an estimated annual revenue increase for Southlake of" ,952. The proposed increase in annual revenue is intended to allow Lone Star Gas Company the recovery of its expenses and also to provide Lone Star with the opportunity to earn a fair and reasonable rate of return upon the investment in the Mid-Cities distribution system. A reasonable return is required in order to retain our present level of investors and attract new invested capital. Attachment No. 2 is a summary of the Mid-Cities distribution system's revenue requirement which is supported by documents recently filed with the city. The revenue required to operate this system, as with most other businesses served by the Mid-Cities system, equals the wholesale cost of the product plus operating expenses, federal income tax and a return on investment sufficient to make it worthwhile to stay in business. Lone Star's last rate increase in Southlake occurred in February, 1989. Since that time, revenues have become inadequate to cover operating expenses and still allow a reasonable return. Even though these expenses have continued to rise, Lone Star Gas Company still has one of the lowest operating costs per customer among the major gas utilities. With this proposed increase, Lone Star will be able to continue to provide its customers in Southlake with quality service at the lowest possible cost. Because one of the greatest concerns in any rate proceeding is the impact of the increase upon the consumer, I have attached a bill comparison using the current and the proposed rates (see Attachment No. 3). Lone Star Gas is proposing a weather normalization adjustment clause because of the significant impact that weather can have on customer bills and company revenues.. The weather normalization adjustment clause is a mechanism designed to insure that over time, Lone Star will have a better opportunity to achieve the authorized rate of return granted by the city. The customer will benefit because it will smooth out radical swings in gas bills due to abnormal temperatures. The city will also benefit because franchise fee payments will be more stable and predictable as a result of the leveling of the company's revenue;flow. Let me assure you that as your representative for Lone Star Gas Company I stand ready to assist in every possible way as you evaluate this proposal. Additional information will be provided upon request. Respectfully, Vernie Henderson Attachments: 1) Statement of Intent to Change Rates 2) Summary of Revenue Requirement 3) Bill Comparison COMMERCIALTEMENT OF IN= TO CHANGE RESIDENTT -AND TO THE CITY OF SOUTHLAKE: COMES NOW Lone Star Gas Company, a Division of ENSERCH CORPORATION (Lone Star) , a public utility under Article 6050 et. seq. V.A.C.S. and Article 1446e V.A.C.S., and files this its Statement of Intent to Change Residential and Commercial Rates in the City of Southlake, Texas, under the provisions of Article 1446e, Section 5.08, V.A.C.S. I. Lone Star proposes to change its rates, and the details of the proposed changes in rates are as follows: 1. Name of Utility - Lone Star Gas Company 2. Description of Area Affected - City of Southlake, Texas 3. Proposed Tariffs & Schedules: A. The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of -~—` a month for which gas service is available at the same location. Residential: Customer Charge $ 8.0000 All Consumption @ 5.3308 Per Mcf (W If the service period is less than 28 days in a month, the customer charge is $.2857 times the number of days service. If the consumption contains a portion of an Mcf, a prorata portion of the per Mcf charge will be made. Commercial: Customer Charge $14.0000 First 20 Mcf @ 5.1827 Per Mcf Next 30 Mcf @ 4.8827 Per Mcf Over 50 Mcf @ 4.7327 Per Mcf If the service period is less than 28 days in a month, the customer charge is $.5000 times the number of days service. If the consumption contains a portion of an Mcf, a prorata portion of the per Mcf charge will be made. Bills are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Mcf will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. B. Gas Cost Adjustment: Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re") , less ` (b) The base city gate rate of $4.0200 per Mcf, multiplied by (c) A volume factor of 1.0193 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (2) Correction of the estimated adjustment determined by Item 3B (1) above shall be included ds part of the adjustment for the second following billing month. The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item 3B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item 3B (1) and Item 3B (2) above shall be multiplied by a tax factor of 1.06012 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item 3B (1) , Item 3B (2) , and Item 3B (3) as follows: GCA - [Item 3B (1) + Item 3B (2) ) X Item 3B (3) (W GCA - [(1.0193) (Re - $4.0200) + C) X 1.06012 C. Weather Normalization Adjustment: Effective with bills rendered during the October 1994 through May 1995 billing months, and annually thereafter for the October through May billing months, the above residential and commercial consumption rates for gas service, as adjusted, will be subject to a weather normalization adjustment each billing cycle to reflect the impact of variations in the actual heating degree days during the period included in the billing cycle from the normal level of heating degree days during the period included in the billing cycle. The weather normalization adjustment will be implemented on a per Mcf basis and will be applicable to the heating load of each customer during the period included in the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the D/FW weather station. The adjustment to be made for each billing cycle will be calculated according to the following formula: AM = IVD�D D x M x AHL Where: WNA = Weather normalization adjustment NDD = Normal heating degree days during the period covered by the billing cycle ADD = Actual heating degree days during the period covered by the billing cycle M Weighted average margin per Mcf included in the commodity portion of the rates effective during the October through May billing months AHL = Actual heating load per customer (40, -2- The heating load to which the weather normalization adjustment is to be applied for residential customers is determined by subtracting the residential class base load from the total volume being billed to the customer. The heating load to which the weather normalization adjustment is to be applied for (W commercial customers is determined by subtracting the base load for the customer from the total volume being billed to the customer. The base load of a customer is the average level of nonheating consumption. a The weather normalization adjustment is subject to a 50% limitation factor based on temperatures being fifty percent warmer or colder than normal. The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf. D. Tax Adjustment: Each monthly bill, as adjusted above, shall be adjusted by,an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1993 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. E. Schedule of Service Charges: The following service charges shall be applicable: (1) Inauguration of Service Care 8 a.m. to 5 p.m. Monday Through Friday $27.50 5 p.m. to 8 a.m. Monday Through Friday 41.25 Saturdays, Sundays, and Holidays 41.25 (2) Returned Check Charge 13.75 F. Rate Case Expense: If rate case expense is incurred in this current case, it is the intention of Lone Star Gas Company to recover the current and any unrecovered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf would be calculated by dividing the rate case expense to ----,--�-- ~- be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. When a surcharge is applicable, monthly status reports will be provided to account for the collections. 4. Statement of Changes: A. Monthly bill for residential customers using 6.4 Mcf with a base city gate rate at $4.0200 per Mcf: Present Proposed Rate Rate Increase Base $ 41.45 $ 42.12 $ 0.67 GCA 0.00 0.00 0.00 Total $ 41.45 $ 42.12 $ 0.67 B. Monthly bill for commercial customers using 50.9 Mcf with a base city gate rate at $4.0200 per Mcf: Present Proposed Rate Rate Increase Base $263.37 $268.39 $ 5.02 GCA 0.00 0.00 0.00 Total $263.37 $268.39 $ 5.02 -3- ��- 5 ` C. (1) Inauguration of Service for normal working hours is to be increased from $25.00 to $27.50. Inauguration of Service for after hours is to be increased from $40.00 to $41.25. (2) The Returned Check Charge is to be increased from $7.50 to $13.75. 5. Effect of Proposed Changes: Estimated total increase in annual revenue is $1,952 or 0.11% based upon Current Annual Revenue from Residential and Commercial Customers (Test Year ended 06-30-93) of $1,718,360 and Estimated Annual Revenue under the proposed rates of $1,720,312. 6. class of Customers Affected: Residential and Commercial 7. Number of Customers Affected: 2,448 8. Effective Date of Proposed Change: June 16, 1994 9. The proposed change will not result in a major change as that term is defined in TEX.REV.CIV.STAT.ANN. Article 1446e, Section 5.08(b) V.A.C.S. II. Service or publication of required notice containing the information relative to this Statement of Intent shall be made in accordance with applicable statutes and rules. THEREFORE, Lone Star Gas Company requests the City allow such new rates to become applicable for the City of Southlake by operation of law or by ordinance granting it the authority to charge such rates. Respectfully submitted, LONE STAR GAS COMPANY, a Division of ENSERCH CORPORATION By Date Filed May 11, 1994 ��_ (- 1 L N ri to in a, rl 1 L N 1 10 It 41 O• H in L 1 �0 N 1 T♦11 N to in N I of N / N ♦ ♦ ♦ ♦ ♦ 1 ♦N I M N N M d d I 41 N t W to N N rl 40 aO N I 41 N 1 - �0 11 rl 0 a, I �O N ., 1 ♦11 40♦ ♦ ♦ N ♦ 1 ♦N L 4 1 to11 0 M N I M N 1 to It in A A A I 41 N 1 A 11 A 1 A N J i 11 1 N S 1 K 1 O 1 U. 1 N 1 w W 1 F- 0 y Z I Z Q y W X N i E V N ! H � I w C Z I- m 1 C m W W U i 06 IL X ` O < i K N .O + CD + J + N + O < M I Z F- I- r W O 1.- < w H 1 < W C cc w W < 0 1 W 0 d I W r w U O N w 1 y / .\• I W I d 0 I O h I L I N%o M o 0 0�r/rI N Io M 41 I L I o 0, 1 rl N rl 1 1'- I No s MM 1 a, 1 .Odd Na, NNLMM NrIL 1 41 1 r-IM 1 L M d t < 1 Mo I M%0 I O� 1 r10 N o�N 41�0 EOM o41L 1 a I OL 1 N N .J 1 C 1 ♦ ♦ t ♦ ♦ 1 1 ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ + ♦ 1 ♦ 1 ♦ ♦ 1 ♦N L < 1 1 No 1 NM 1 to 1 Lod Ld�O&A a,w o oN 1 .0 / o.d I d N H I O I NIO I ottl I M I dt010 MN Irt 41 o�N % 1 .O I 00% I N N U I W I r♦ri I M M I �O 1 M i0 10 rl H It N �0 N o l L t O O� I tT N ' K l y l ♦ ♦ 1 ♦ 1 1 ♦ ♦ + ♦ ♦ 1 ♦ 1 ♦ 1 N W r 0 1 ino I M 1 onI o IA in d H to of I in CIA N S t 0- t in 1 to I %a I N rl I L 1 0 1 t 1 1 1 d l i p t0.i 1 d 1 N 0 i W Z 1 a I C -C I < 1 0 H 1 W IN Z I W I Lei in 1 4041 I M I Ngoto oo o%rl rlN 41MN 1 .O I N%o t ra N n O W I I- 1 Md I LO 1 �o I .o Od Ntq NLM 0% NrIO 1 d 1 rld I N N N IL 0 I < I o•IA I dM 1 C0 1 r110N a.N 41'0'OM 041%0 I W 1 MM 1 P N O H I N I ♦ I ♦ ♦ I ♦ I ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ I ♦ 1 ♦ ♦ 1 ♦N d K 0 t 1 r10 1 OS 1 1 1 LOd Ld10%0 a0L oorl 1 IQ 1 0�%D I N N 6. W 1 F� 1 LO 1 C0�0 1 �T 1 d000 MNM 41 C`N O%TH 1 %0 1 LtT 1 40 N IWU t l .OL I MN 1 I I MPO ri rl rlN %DN V� I .D I TN 1 %0 N O I W I ♦ ♦ t ♦ 1 ♦ I ♦ ♦ ♦ ♦ ♦ 1 I ♦ I ♦11 O I rl 1 ri 1 -0 N 1417 ri N I Vz 1 rl 1 rl N < I W I M N I It1 1 41 I N H I d l I N F I tL 1 I 1 1 1 I 1 N Z W VI W K W 0. y FS W < KI 3 U W F w W X O CL ad w C Z r, L) Z V1 Z K J H K Z W W 0 0 0 N O Q NQ QUU HtL>W tL > O W S Z Z z F w 0 X W W Z Z O U W<<0<0<<0 0 0= K 0 < Z N F- ZZF-H 1-WNN O m W = W W y WO ZWwzuww XWw VI tL I- F WVI >U W JWy H F-I-7W W W W <XX W w W y F W WH O QJQ <Zz0KLLL I•- QQ Vf Vt coo K O yy K> Z 0 <0 LHHU tL 000 F-I- Z W W \ 7 >•z C W y Q<U W HI- UO W X W X0 W 0 N W y N W > J o:O L S<O t A V I z W 0 0 d< L <W L < dM 0w W W 0 W co <JOZ »NH W W XF- 01-X 0 Z X 0, W J W J I K W H Q 1 a_Q O Q W K U U Q F H W U Q U Z O W � <J <44 VI I-H / Zz-t0 zJ< Q W ZWI•- Z O >•H O z0Q NW t9 z0ZUQZ<QaOU. QW JJ C9L HL H z1- ♦M W 0 0 Z W W WKW O H OOSKW W z O O W Z <Oy > J NZ H o.(A in WHHzZ F-Z !-- 1 KK HU 0UL 0 K 0-00w.0 W <J Q W F- X < HLz1-OOUOF-F- Y 1 I I-Z Zz0 Z LMMo KHQ 1,> Q W S0Ln <HHwH00w -j W <H HHU H H OKZ FM W K U W 00wI-I.-J0 W wwKJO C ►- z F- W U I-WA Cl zU JK W R9KKUU W«JHKKS W OZ W J <JH .4 K y>w ZW K Q L z0 UCL a > W W F- dKW G-< K< W. MH W O H O WI.- D O H d K C Q O W W U O F-F- O O>- > Od' W w-1W F .4 z 1-HL O W I.- OOZ dt. Z 0: Zz K <W W C.W< 0. z 0 W <Cl)L 1-S J <0 wtt OK000dHH0 CLCK JO 000: O W 0U- KW O H Q K Q W W QW W W U K WOK W KU O F W O S X Nw F-tlO F K Q H < 0- O 0- !-- < O W W W W W O 1- O O H H Z tL z tL V I H K } U -It W I L F- W I rl N M 13'N 10 L 0 C, C.ri N M it m 10 L 0 C, 10 11 N M ttl 10 n Z O L CA Z I rl rq -4 rN rti ri rl ri rl rl N N N N N N N N D H O W H I �w LONE STAR GAS COMPANY SOUTHLAKE, TEXAS RESIDENTIAL BILL COMPARISON MONTHLY BILL AT BILL AT INCREASE CONSUMPTION PRESENT PROPOSED OR IN MCF RATE * RATE -DECREASE ----------- ------- -------- -------- 0 $ 5.00 S 8.00 S 3.00 1 10.70 13.33 2.63 2 16.39 18.66 2.27 3 22.09 23.99 1.90 4 27.78 29.32 1.54 5 33.48 34.65 1.17 ` 6 39.17 39.98 0.81 7 44.87 45.32 0.45 8 50.56 50.65 0.09 9 56.26 55.98 -0.28 10 61.95 61.31 -0.64 15 90.43 87.96 -2.47 20 118.90 114.62 -4.28 25 147.38 141.27 -6.11 50 289.75 274.54 -15.21 75 432.13 407.81 -24.32 100 574.50 541.08 -33.42 * BILL COMPARISON USES YEAR ROUND RATE GAS COST ADJUSTMENT IS BASED ON THE GUD-3543 BASE CITY GATE RATE OF $4.0200 PER MCF. PRESENT RATE YEAR-ROUND ------------------ ---------- CUSTOMER CHARGE 5.0000 ALL CONSUMPTION 2 5.6950 PER MCF GAS COST ADJUSTMENT 0.0000 PER MCF PROPOSED RATE YEAR-ROUND ------------------- ---------- CUSTOMER CHARGE 8.0000 ALL CONSUMPTION 2 5.3308 PER MCF GAS COST ADJUSTMENT 0.0000 PER MCF (w �T-96 LONE STAR GAS COMPANY SOUTHLAKE, TEXAS COMMERCIAL BILL COMPARISON* MONTHLY BILL AT BILL AT CONSUMPTION PRESENT PROPOSED INCREASE MCF RATE RATE (DECREASE) ----------- ---------- ---------- ---------- 0 S 8.00 S 14.00 S 6.00 2 18.40 24.37 5.97 4 28.81 34.73 5.92 6 39.21 45.10 5.89 8 49.62 55.46 5.84 10 60.02 65.83 5.81 15 66.03 91.74 5.71 20 112.04 117.65 5.61 25 136.55 142.07 5.52 30 161.06 166.48 5.42 40 210.08 215.31 5.23 50 259.10 264.13 5.03 60 306.62 311.46 4.84 70 354.14 358.79 4.65 80 401.66 406.12 4.46 90 449.18 453.44 4.26 100 496.69 500.77 4.08 200 971.88 974.04 2.16 300 11447.07 1,447.31 0.24 400 1,922.26 1,920.58 (1.68) S00 2,397.45 2,393.85 (3.60) 600 2,872.64 2,867.12 (5.52) 700 3,347.83 3,340.39 (7.44) 800 3,823.02 3,813.66 (9.36) 900 4,298.21 4,286.93 (11.28) 1,000 4,773.40 4,760.20 (13.20) (W * BILL COMPARISON USES YEAR ROUND RATE GAS COST ADJUSTMENT IS BASED ON THE GUD-3543 BASE CITY GATE RATE OF $4.0200 PER MCF. PRESENT RATE YEAR-ROUND ------------------ ---------- CUSTOMER CHARGE 8.0000 FIRST 20 MCF 2 S.2019 PER MCF NEXT 30 MCF 2 4.9019 PER MCF ALL OVER SO MCF 2 4.7519 PER MCF GAS COST ADJUSTMENT 0.0000 PER MCF PROPOSED RATE YEAR-ROUND ------------------- ---------- CUSTOMER CHARGE 14.0000 FIRST 20 MCF 2 5.1827 PER MCF NEXT 30 MCF 2 4.8827 PER MCF ALL OVER 50 MCF 8 4.7327 PER MCF GAS COST ADJUSTMENT 0.0000 PER MCF ORDINANCE NO. AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF -' SOUTHLAKE, TARRANT COUNTY, TEXAS: PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE; PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR A MAIN LINE EXTENSION RATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Subject to the following provisos and the various provisions set forth in this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of Southlake, Texas by Lone Star Gas Company, a division of ENSERCH Corporation, a Texas corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A in the Attachment hereto which is incorporated herein. PROVISO NO. (1): If this ordinance is finally passed and approved before the effective date stated in the Statement of Intent, the new rates shall be effective with gas bills rendered on and after thirty (30) days from the final date of passage of this ordinance for the good cause of reducing regulatory lag. PROVISO NO. (2): If this ordinance is finally passed and approved on the effective date stated in the Statement of Intent or after a period of suspension, the new rates shall be billable immediately in order to reduce regulatory lag. This provision is an exercise of the regulatory authority's discretion to establish the effective date of rates at any time after jurisdiction attaches, and its authority pursuant to state law to establish rates for any period of suspension. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of$4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas for changes in the intercompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Southlake distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION 3. The residential and commercial rates set forth above shall be adjusted upward or downward for changes in taxes;and other governmental impositions, rental fees or charges according to Item D, in the Attachment hereto which is incorporated herein. SECTION 4. Company shall also receive weather normalization adjustments according to Item C, in the Attachment hereto which is incorporated, herein. SECTION 5. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. The charges set forth in Items E and F in the Attachment hereto which is incorporated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 6. In addition to the aforesaid rates, Company is authorized to recover the current and any unrecovered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf will be calculated•`by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. The Company will provide monthly status reports to the City to account for the collection of rate case expense. SECTION 7. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on the FIRST reading on this the day of , A. D., 19_ FINALLY PASSED AND APPROVED on the SECOND reading on this the _ day of . A. D., 19_ ATTEST: Secretary Mayor City of Southlake, Texas STATE OF TEXAS ( ) COUNTY OF TARRANT ( ) Secretary of the City of Southlake, Tarrant County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Council of the City of Southlake at a _ session held on the day of , 19 . as it appears of record in the Minutes of said City Council in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the day of ,A.D. 19 Secretary City of Southlake, Texas (taw ATTACHMENT TO ORDINANCE NO. CITY OF SOUTHLAKE, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES ITEM A. RATES Subject to applicable adjustments, the following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer Charge $ 8.0000 All Consumption @ 5.3308 Per Mcf If the service period is less than 28 days in a month the customer charge is $.2857 times the number of days service. If the consumption contains a portion of an Mcf, a prorata portion of the per Mcf charge will be made. Commercial Customer Charge $ 14.0000 First 20 Mcf c@ 5.1827 Per Mcf Next 30 Mcf c@ 4.8827 Per Mcf Over 50 Mcf c@ 4.7327 Per Mcf If the service period is less than 28 days in a month the customer charge is $.5000 times the number of days service. If the consumption contains a portion of an Mcf, a prorata portion of the per Mcf charge will be made. Bills are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Mcf will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. ITEM B. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: cz�— - - \3 (a) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re"), less (b) The base city gate rate of $4.0200 per Mcf, multiplied by (c) A volume factor of 1.0193 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (2) Correction of the estimated adjustment determined by Item B (1) above for the second preceding billing month shall be included as part of the adjustment . The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item B (1) and Item B (2) above shall be multiplied by a tax factor of 1.06012 to include street and alley rental and state occupation tax due to the change in Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest$0.0001 per Mcf by Item B (1), Item B (2) and Item B (3) as follows: GCA = [Item B (1) + Item B (2)] X Item B (3) GCA = [(1.0193) (Re - $4.0200) + C] X 1.06012 ITEM C. Weather Normalization Adjustment: Effective with bills rendered during the October 1994 through May 1995 billing months, and annually thereafter for the October through May billing months, the above residential and commercial consumption rates for gas service, as adjusted, shall be subject to a weather normalization adjustment each billing cycle to reflect the impact of variations in the actual heating degree days during the period included in the billing cycle from the normal level of heating degree days during the period included in the billing cycle. The weather normalization adjustment will be implemented on a per Mcf "--t s-- \k basis and will be applicable to the heating load of each customer during the period included in the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the D/FW Airport weather station. The adjustment to be made for each billing cycle will be calculated according to the following formula: WNA = FDA D x M x AHL Where: WNA = Weather normalization adjustment NDD = Normal heating degree days during the period covered by the billing cycle ADD = Actual heating degree days during the period covered by the billing cycle M = Weighted average margin per Mcf included in the commodity portion of the rates effective during the October through May billing months AHL = Actual heating load per customer The heating load to which the weather normalization adjustment is to be applied for residential customers is determined by subtracting the residential class base load from the total volume being billed to the customer. The heating load to which the weather normalization adjustment is to be applied for commercial customers is determined by subtracting the base load for the customer from the total volume being billed to the customer. The base load of a customer is the average level of nonheating consumption. The weather normalization adjustment is subject to a 50% limitation factor based on temperatures being fifty percent warmer or colder than normal. The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf. ITEM D. TAX ADJUSTMENT Each monthly bill, as adjusted above, shall be adjusted by, an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July I, 1993 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. T1-\S ITEM E. SCHEDULE OF SERVICE CHARGES (1) Inauguration of Service In addition to the charges and rates set out above, the Company shall charge and collect the sum of. Schedule Change 8 A.M. to 5 P.M. Monday through Friday $ 27.50 5 P.M. to 8 A.M. Monday through Friday 41.25 Saturdays, Sundays and Holidays 41.25 For each reconnection of gas service where service has been discontinued at the same premises for any reason, and for each new inauguration of service when the billable party has changed, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Returned Check Charges A returned check handling charge of$13.75 is made for each check returned to the Company for reasons of non-sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. ITEM F. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established b Lone Y Y Star Gas Company, or any free limit established by franchise, for bona fide residential customer shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year-or (b) the adjusted actual cost as determined by applying the latest Handy- Whitman Index to the 1976 actual base cost of $2.94. A bona fide residential customer uses gas for heating and water heating, or the equivalent load thereof, at a minimum. Residential customers other than bona fide residential customers shall pay actual cost for main line extensions beyond the free limit. The Company shall file the calculation of such charge with the city as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. City of Southlake,Texas MEMORANDUM June 3, 1994 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 94-25, Suspending action on Lone Star Gas Company Rate Increase or other action to defer to the State regulatory commission, the requested increase. Resolution No. 94-25, suspending action for 90 days, on Lone Star Gas Company in their request for rate increase or other action to defer to the State regulatory commission, is being prepared by the City Attorney and will be available at the meeting on Tuesday evening. /sl J City of Southlake,Texas MEMORANDUM CITY MANAGER June 3, 1994 9 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Southlake Program for the Involvement of Neighborhoods Standing Committee Appointments The City Council has appointed all SPIN Standing Committee members with the exception of Neighborhood #4. Staff has been working with residents of Neighborhood #4 to find an interested party to fill the position and we will bring forward a name for consideration on Tuesday evening. The attached Resolution 94-09a provides for the appointment of a Standing Committee member for Neighborhood #4, and initial terms. You will note that terms for odd-numbered neighborhoods are one year, and Standing Committee members from even-numbered neighborhoods will serve two-year terms. Please place this on the agenda for Council consideration, and let me know if you have any ,, questions. AR RESOLUTION 94-09a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE FOR THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR INITIAL TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is of an opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor communication; and, WHEREAS, the City Council has created such a committee by ordinance and has appointed by Resolution 94-09 representatives for Neighborhoods 1-3, Neighborhoods 5-16,and a youth representative; and, WHEREAS, the Neighborhood#4 appointment was left pending; and, WHEREAS, the City Council will set staggered initial terms for the Standing Committee; now THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. The following are hereby appointed as neighborhood representatives for the terms specified to the Standing Committee for the Southlake Program for the Involvement of Neighborhoods (SPIN) program, with terms assigned as follows: Neighborhood#1: Cara White 1 year Neighborhood#2: Martin Schelling 2 year Neighborhood#3: Joe Mast 1 year Neighborhood#4: 2 year Neighborhood#5: Karen Reynolds 1 year Neighborhood#6: Kara Sherwood 2 year Neighborhood#7: Peter Sporrer 1 year Neighborhood#8: Pamela Muller 2 year Neighborhood#9: Dr. G.J. (Bill) Salazar 1 year Neighborhood#10: Betty Springer 2 year Neighborhood#11: Ron Maness - Robin Jones (Alt.) 1 year Neighborhood#12: Ernest Johnson(Interim) 2 year Neighborhood#13: Rick Patterson/Camille Rasdal 1 year Neighborhood#14: Carolyn Hobbs 2 year Neighborhood#15: Wayne & June Haney 1 year Neighborhood#16: R.F. (Dick) Johnston 2 year Youth Delegate: Katie Holzgraefe 1 year 6lJ - .;� Section 3. This Resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 7TH DAY OF JUNE, 1994. CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes Sandra L. LeGrand City of Southlake,Texas RESOLUTION 94-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE FOR THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is of an opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor communication; and, WHEREAS, the City Council has created such a committee by ordinance; and, WHEREAS,the City Council is to appoint one youth representative,as well as one representative for each of the designated neighborhoods from a list of recommendations provided by the neighborhoods; now, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. The following are hereby appointed as neighborhood representatives for the terms specified to the Standing Committee for the Southlake Program for the Involvement of Neighborhoods (SPIN) program: Neighborhood#1: Cara White Neighborhood#2: Martin Schell ing Neighborhood#3: Joe Mast Neighborhood#4: Neighborhood#5: Karen Reynolds Neighborhood#6: Kara Sherwood Neighborhood#7: Peter Sporrer Neighborhood#8: Pamela Muller Neighborhood#9: Dr. G.J. (Bill) Salazar Neighborhood#10: Betty Springer Neighborhood#11: Ron Maness (Alt) Robin Jones Neighborhood#12: Ernest Johnson Neighborhood#13: Rick Patterson and Camille Rasdal Neighborhood#14: Carolyn Hobbs Neighborhood#15: Wayne and June Haney Neighborhood#16: R.F. (Dick) Johnston Youth Delegate: Katy Holzgraif Section 3. This Resolution is hereby effective upon pas§age by the City Council. i i l-C PASSED AND APPROVED THIS THE 17TH DAY OF MAY, 1994. CITY OF SOUTHLAKE, TEXAS yor Gary ickes C Y�4i N andra L. LeGrand o SVX31 VWp4tIl11Ntt `` ILW ( . _ A City of Southlake,Texas MEMORANDUM June 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Request for Issuance of Building Permit on a Lot with an Existing Home Bobby Harrell has requested that he be allowed to construct a new single family dwelling on Tract 8 of Airpark Estates at 920 S. Peytonville Avenue. There is an existing single family residence already onsite. He would like to continue to live there during construction and for a few weeks after completion of the new home. Mr. Harrell then plans to remove the existing home. The property is approximately 4.5 acres and is currently zoned "SF-IA" Single Family Residential. Section 7.4 of the zoning ordinance prohibits more than one dwelling on a lot except in the MF-1, MF-2, or PUD districts, or except as otherwise provided in the ordinance. There appears to be no waiver or appeal process for this situation, short of amending the zoning ordinance. Previously, a similar request was granted after the applicant (Ms. Arnold, 520 West Highland) signed a release/waiver agreement holding the City harmless of any damages or injuries related to the issuance of a building permit for a new single family dwelling on a five-acre tract where a home already existed. This issue was addressed by the City Council during the rezoning and platting of the property. Subsequently, Ms. Arnold was issued a building permit for the new structure and was allowed to continue living in the existing home. This structure was then removed prior to the issuance of a certificate of occupancy for the new home. A similar agreement will be available at the meeting for the City Council's review and consideration should they desire to grant Mr. Harrell's request. The frequency of this type of request may increase as existing farms/homesteads are sold. Should the Council wish to provide a method to resolve these requests, I recommend that we amend the ordinance and create a new special exception use permit to allow the Board of Adjustment to evaluate each request individually. Certain criteria could be established to address such issues as lot size and the availability of city services (i.e. sanitary sewer or sufficient septic field). It could also prohibit separate utility meters for the dwellings and could prohibit mobile homes being utilized, even temporarily, in single family areas. With these provisions in place, the integrity of Section 7.4 could be maintained. Should you have questions regarding this request, please call me at extension 743. KPG 1 o-x-- a a• • � �..,;��rsr�� _\►11.: ��i,�����©:ram .�� ,.,,� ■ ► •�: mill Ilia ■ �l ♦ � ►.•`5g;��:;�o� � .. EE� o ME y e ���:.�� �' +ice �,® :� • '���% �:•• -, ram:■ ■���►/mac+ � i�.���1;,�w1 %lMio I MTV ro a• . :_ - - '.1� _ . � , �; � Elk`" �' _�. �:�► r lU AG j I � I I I TRACT 3 m TR 26 AV, ` 14.49 AC Alf`� �E5 0 O TRACT 4 500 TR IG jqEP1 5.o AC _ 12 15�2 TRACT 5 TR 2 4:96 AC I I�� L� I 1� TRACT 6 I O KANKEY, VAUGHN G ETUX MARCELLA GINGERS KNOLL 2 n 61 x \ GOODE. ROBERT G 15364 TRACT 7 R n. pe ve 1 ES-fAT SPINKS 5 6 7 GOOOE, ROBERT G { 4 • ++ ply THORNTON e NORTHRIOGE 'o. e. RACT 8 r HUSSEGLIO TR 2A2 1316R 9.65 AC _ 14�s 15 O�� 0 = 17 0 12 0.pN >-� TRACT 9 0 MP rNA�E / fAULKNER. MIKEL ETUX _SANDRA = 10 CN SL ^ 1 2 ! , � 11 9 8 CHIMNEY WORKS I 10 7 6 CD J TR 2A ch 9 TR 2A3 13.09 AC 8 TR IJ 7.86 AC \ 1.0 AC TR IH " 5.14 AC .a� — Cull 1'1NE�ifiAL—BLVD Ni .60 ADJACENT OWNERS & ZONING 14R 10A-�J o I • _'t .ova•� t I I I p I I � I�i• i e Ire 1 I � 1 I M I ' 1 ' I ' I ' I ' p I I 1 S2 1 1 I I I • I I • o I I f ' ' � I 1 I I I NOSd`Y 1 Jbd'1 I I � I I Sb I I �Dyl 1 • I I ' I I I I I 1 I 1 I I 1 I I I I 1 I � I 1 I 1 1 ' a I 1 W I I ^ I 1 N 1 I o I I N I I � I 1 i I I I I .00'(SL a ions- 4 r Ms. Karen Gandy May 18, 1994 Page Two If further information is required, please call me at this office. Sincerely yours, SUNMOUNT CORPORATION Thomas R. Barber Vice President TRB/bje Attachment cc: LJM Project File ��a- 3 City of Southlake,Texas MEMORANDUM June 2 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Construction Site Location for F.M. 1709, Phase II Construction Attached please find a letter from Thomas R. Barber, Vice President of Sunmount Corporation. Sunmount was recently awarded the construction contract for Phase II of the F.M. 1709 project. His letter describes their proposed field office and storage yard location as being on the south side of F.M. 1709, approximately 500 feet West of Jellico Circle West. According to an attached exhibit, this site appears to be in the northwest comer of a larger 4.0245 acre tract legally described as Tract 4M, J. G. Allen Survey, Abstract No. 18. Mr. Barber's letter did not state the size of the construction site. Note that the proposed location is approximately 300 to 400 feet West of the Slayton residence. This construction yard will be needed for approximately twenty-four (24) months and will be utilized by Sunmount and TxDOT personnel. In August, 1992, J.D. Abrams Company made a similar presentation to the Council after being awarded the F.M. 1709, Phase I construction contract. Their site was located at the southwest comer of F.M. 1709 and White Chapel Blvd. They stated that they chose the site due to its central location in that phase of construction. Should you have questions regarding this request, please call me at extension 743. W KPG IcP- t P.O. BOX 1770 ROANOKE, TEXAS 76262 817/648-2741 SUNMOUW METRO 817/430-0552 CORPORATION FAX 817/648-2203 GENERAL CONTRACTORS May 18, 1994 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 RE: FM 1709, Tarrant County TxDOT Project No. STP 94 (114)MM Dear Ms. Gandy: Sunmount Corporation was the low bidder on the FM 1709 project with the Texas Department of Transportation on May 6, 1994 . The project has a 24-month duration and we will need to locate a field office and storage yard for the TxDOT as well as our own forces within the city limits. The site will be fenced as required by the contract and contain 4 trailers and a gravel driving surface. A security light also will be utilized as per the TxDOT requirements. The trailer sizes are as follows: 1) State office - 10' x 60 ' 2) State lab - 10 ' x 20 ' 3) Contractor's trailer - 10 ' x 30 ' 4) Storage trailer - 8 ' x 40 ' We would utilize the yard as a personnel staging area and for small tool storage. The site we have secured, is on the south side of FM 1709 about 500 feet west of Jelico Circle W. See attached plat for the exact location. We will need to begin construction of the parking area and fence on or about June 13 , 1994, as the TxDOT will begin to count time shortly thereafter. Ira-z EQUAL OPPORTUNITY EMPLOYER MEN, •��•_ M!,M- 131 �� . . �f r • 1 1 • i J i dam- VA min -PR • `1AY-16-94 MON 09:39 MICA CORPORATION Fri{ NO. 8178342436 P. 02 .... A .. . . ...t... .�... .... ,c'AD-'�'$4 9.i8.--.,._�—,_,,.r�`j„�1.4_. •(�89 S 9•.j�_�_ � r' 1��. �: bid -SB • t��- 10 97 - - -- � �' fo14 Atli A "�• ; ,f, � �rf N4 ► � 17o. ¢� yid �aI' 1 -� f � , � .• j 1 � � 1Oa S Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-123 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 1.72 ACRE TRACT OF LAND SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1588, BEING A PORTION OF TRACT 4 AND THE WILLIAM MILLS SURVEY, ABSTRACT 877, BEING A PORTION OF TRACT 3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 Goverrm~ent Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 C :\ORD\ZONING\480.123 Page 1 using the facilities in the area immediately surrounding the sites; safety from fire hazards and da~nages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on establishe,d character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: C :\ORD\ZONI NG\480.123 Page 2 Being approximately a 1.72 acre tract of land situated in the W. Medlin Survey, Abstract No. 1588 being a portion of Tract 4 and the William Mills Survey, Abstract 877, being a portion of Tract 3, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "CS" Community Service District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B." Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 C:\ORD\ZONING\480,123 Page 3 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 dispos!tion 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 (I0) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the __ day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the __ day of , 1994. MAYOR ATTEST: CITY SECRETARY C:\ORD\ZONING\480.123 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C :\ORD\ZONI NG\480.123 Page 5 ......... ~ ~ ,~ ° ~ ~ Ord J_nance /~80-123 Page ? EXHIBIT 'A" Being in the William Mills Survey. Abstract No. 877, Denton County, Texas and being par( of a 51.95 acre tract of land described in a deed from Gerald F. Heffley and F. O. Heffley to A~ F. Oien recorded in Volume 4823, Page 575 in the Deed Records of Tarrant County, Texas and bein9 par( of a 4.75 acre ~rac~ in deed recorded in Volume 4576, Page 446 in Deed Records of Tarrant County', Texas, more padlc~Jlady' desedbed as follows: A point being the nodhwest corner of a 4.75 acre fra~ of land described in deed recorded in Volume 4576. Page 446 in Tan-ant County deed reconJs, the PLACE OF BEGINNING; THENCE East 577.8 feet to a point for corner; THENCE N 00° 14~ 01" W 557.24 feet to a point for corner; THENCE S 89° 33' 36" E a distance of 100 feet to a point for comer;, THENCE S 00° 14' 01' W a distance of 657.24 feet to a point for comer; THENCE West 125 feet to a point for corner; THENCE North 38 feet to a point for corner; THENCE West 50 feet to a point for corner; THENCE South a distance of 38 feet to a point for corner; THENCE West 502.8 feet to a point for corner; THENCE North 100 feet to the PLACE OF BEGINNING and containing 2.7 acres of land. C :\ORD\ZONING\480.123 Page 6