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1994-05-17 CC Packet City of Southlake,Texas MEMORANDUM May 13, 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, May 17, 1994 1. Note the change in the Agenda order. The Executive Session, which usually follows the Call to Order and Invocation, will follow the Oath of Office for the newly elected official. This will allow Councilmember Richarme to participate in the Executive Session. 2. Agenda Item No. 4. Cijy Manager's Report. The Administrative Calendars and Departmental reports are in your packet. Let me, Shana, or the Directors know if you have any questions prior to the meeting. 3. Agenda Item No. 5A. Waiver of delinquent tax penalty and interest for ABS Tract 3A, W.W. Hall Survey, Highway 114. Tax Account No. 4493451. Jim Milner, owner. Note in the letter from Betsy Elam, and memo to Betsy from Terri Hale, both with Fielding, Barrett and Taylor, that the taxes were not paid on the above referenced property from 1982-1985 due to a mixup by Tarrant County and Tarrant Appraisal District. Simply put, the tax notices were mailed to the wrong person and Mr. Milner never received them. Once the oversight was discovered and Mr. Milner was notified, he paid the original tax levy. As noted by Betsy, Section 33.011 of the Property Tax Code reads as follows: The governing body of a taxing unit shall [emphasis added] waive penalties and may [emphasis added] provide for the waiver of interest on a delinquent tax if an act or omission of an officer, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994, Page 2 employee, or agent of the taxing unit or the appraisal in which the taxing unit participates caused or resulted in the taxpayer's failure to pay the tax.... Under the statute we must waive the penalties. The statute allows the City Council to waive the interest. Given the circumstances, I concur with Tarrant County and our attorneys that it is appropriate in this case to waive the interest. Should City Council agree, a vote to waive the penalty and interest will be reflected in the minutes, and a certified copy thereof mailed to Tarrant County, our tax collector. The vote to waive the penalty and interest should be for tax years 1982-1985. The information from Tarrant County pertains to tax years 1983-1985. This is because Tarrant County did not collect taxes for Southlake prior to 1983. We have not yet ascertained whether or not Mr. Milner owes taxes for 1982, although he indicates that he probably does. We will research to find out if this is the case, however, in any case we should not charge penalty and interest. 4. Agenda Item No. 5B. Award of bid for North Carroll Avenue, drainage improvements and construction of the 12" water line. Note the project which includes drainage improvements and construction of the 12" water line will paid from two sources, the Utility Fund and the Street Bond Sale. The street reconstruction itself is a separate project. 5. Agenda Item No. 5C. Interlocal Agreement between TRA. Marshall Creek, Lake Turner MUD Nos. 2 and 3, and the City of Southlake, will, if approved by City Council, bring to closure an item approved previously (May 4, 1993). The project was delayed because of problems with Marshall Creek's grant and other related difficulties. Given the problems, we approached TRA and requested they be the project overseer. TRA has agreed to do so. Additionally, Lake Turner MUD Nos. 2 and 3 (principally � 1 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 3 the limits of the old Hunt Ranch) have asked to participate. The Construction Agreement in your packet provides for the participation by the City of Southlake and the Lake Turner MUDs in the construction of the Marshall Creek sewer line to the TRA Denton Creek Sewage Treatment Plant north of Roanoke. The participation by Westlake (Lake Turner MUDs) at this time is beneficial to Southlake. Once we construct the Denton Creek line between Kirkwood Branch and the TRA treatment plant, Westlake's participation will reduce our costs significantly. Having TRA as the project overseer will also be to our advantage TRA will closely monitor the construction since, upon completion, it will become a TRA line. The contract provides for Southlake and Lake Turner MUD Nos. 2 and 3 to each contribute $240,599 toward the project. Marshall Creek will contribute $152,000 which is its grant amount. If the project cost is less than the combined total ($240,599 + $240,599 + $152,000) of $633,198 then Southlake and Lake Turner MUD Nos. 2 an 3 will each receive an equally prorated return. If the bid cost exceeds the amount available, Marshall Creek will only proceed with this project upon receiving the extra fund amount required. We will have an opportunity to review and approve/disapprove our participation if the cost is too great. Last year the estimated cost of our participation in the line was $232,600. The current $240,599 estimate includes a 5% contingency amount. Staff believes the project to be essential to our long range plans and recommends approval by City Council. The funds for our participation are available in our sewer impact fees. The line is a portion of our infrastructure, is included in our C.I.P., and is therefore an eligible expenditure. Given the time elapsed since the last approval, and the additional City Council member, the following overview is provided. 7 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 4 Marshall Creek The Town of Marshall Creek is under an enforcement order from the State of Texas to improve its wastewater treatment plant. The Town has received a grant from the Texas Department of Housing and Community Affairs (through the U.S. Department of Housing and Urban Development) to construct a line to the TRA Denton Creek Regional Wastewater Treatment Plant. Although Marshall Creek was not a contracting party to the construction of the treatment plant, the TRA would be hard pressed to prevent the Town from utilizing the plant. The TNRCC has the legislative authority to order the TRA to accept the Town's entry to the plant. The Town only has the $152,000 grant available for the construction of the line from Marshall Creek to the TRA plant. There are two options available to the Town: (1) construction of a lift station on the existing Marshall Creek property and approximately 4,600 LF of 3" force main (sized solely for the Town) located within the proposed Denton Creek Pressure System (DCPS) interceptor easement, or (2) participate with Southlake and Lake Turner MUD in oversizing the line to a size sufficient to meet our future need. Marshall Creek's incentive to work with us is the immediate access to the field notes, survey information, and design documents pertaining to the proposed DCPS interceptor, information Southlake has previously paid for through contract with TRA. Southlake Our incentive to work with Marshall Creek is to utilize their grant funds to pay a portion of our cost in the section of the DCPS interceptor, while at the same time demonstrating to the TRA Central System our interest to phase in the DCPS. At this point, the latter is most significant to Southlake. Drainage Basins (4w, The City of Southlake is located in two major drainage basins. Approximately 42% of the City (southern part) is located in the Big Bear Creek basin and approximately 58% r � Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 5 of the City (northern part) is located in the Denton Creek basin. It has been established through a number of studies in the late 80's that the most feasible and cost-effective way to serve the City's future wastewater service needs is to provide transmission facilities in each of the two basins, which will allow the City to participate in and utilize the regional systems serving those basins. Big Bear Creek Interceptor System The regional system that is now providing service to Southlake in the Big Bear Creek basin is the Trinity River Authority's Central Regional Wastewater System, which serves member cities in the Mid-Cities area with an extensive collection system and a regional plant located in.Grand Prairie. The specific facility for the Central Regional Wastewater System that serves the City of Southlake is the Big Bear Creek Interceptor Extension, which the Trinity River Authority constructed to serve the Cities of Southlake, Fort Worth, Keller, and North Richland Hills. The first Southlake municipal sewer line that was constructed with TRA was the Big Bear Creek Interceptor Project. The first contract was signed with TRA in February 1987. First flows were anticipated by January 1988. After numerous delays to the project, the final contract was signed in February 1990. The Big Bear Creek Interceptor cost the City approximately $4.2 million. Denton Creek Pressure System (DCPS) The regional system that will provide service to Southlake in the Denton Creek basin is the Trinity River Authority's Denton Creek Regional Wastewater System. (The City is currently paying for participation in the Denton Creek Regional Wastewater System even though we have no flows to the System. This protects our capacity rights in the System.) Denton Creek Regional Wastewater System serves five (5) member cities in the north Tarrant County/south Denton County area with a collection system and a regional plant located immediately north of Roanoke. The specific facility of the Denton Creek Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 6 Regional Wastewater System that will serve the City of Southlake will be the Denton Creek Pressure System, which the Trinity River Authority will be constructing. In April, 1988, the City of Southlake and Lake Turner Municipal Utility District No. 1 (Hunt Ranch in Westlake) contracted with the Trinity River Authority to construct the DCPS, so called because of the number of lift stations required. The estimated cost of the DCPS at the time the contract was signed was approximately $11,750,000. Of this, approximately $8,000,000 was for the base system, and $3,750,000 for the extensions or lateral lines throughout the sub-basins (e.g., the Dove Creek Interceptor). By the contract, the City had right to 38.53% of the capacity of the pressure system, and was obligated to pay for 67.5% of the cost of the system. Thus the Southlake share of the original system as contracted was between $5.3 and $7.9 million. Interim Diversion Agreement Currently, the line which follows Dove Creek to Carroll Ave., then north to the old high school, is the only line in the north basin. However, the flows are diverted to the south (Big Bear Creek) basin under a contractual agreement with TRA. The original project schedule for the Denton Creek Pressure System called for design to begin in May, 1988 and construction to begin in November, 1989. Given the uncertainty of the Lake Turner MUD No. 1 participation due to the Hunt Ranch bankruptcy, and given the cost associated with the project, the City approached the TRA to amend our contracts. We requested amending the contracts to allow some flow from the Denton Creek drainage basin to be diverted to the Bear Creek drainage basin, and delay construction of the DCPS until such time as development occurs that would generate adequate flows. In December, 1989, the City and TRA contracted for an Interim Diversion Agreement, whereby the requested amendment could be accomplished. The Interim Diversion Agreement provides for diverting flows from the Denton Creek basin to the Big Bear Creek basin until November 30, 1996, after which time substantial penalties will be assessed for continuation of the diversion. In June, 1990, the City Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 7 contracted with TRA to construct the sewer to the old high school and divert the flow to Big Bear Creek. We are contractually obligated to construct the Pressure System prior to November, 1996, when our diversionary agreement with TRA expires. This will be a $5-9 million project, depending upon several factors. Assuming the cost is $5 million, the annual tax levy to support the bonded indebtness will be approximately 8-1/2 cents in current dollars. It is complicated, but we have an opportunity to postpone this expenditure for some while, beginning with the Marshall Creek project. Advantage of Marshall Creek Agreement to Southlake We are in the process of developing our proposed FY94-95 annual budget. Currently we are making provision to begin the preliminary engineering and easement acquisition if we are going to meet the contractual November, 1996 deadline. The engineering and easement acquisition will take approximately one (1) year (FY94-95). The actual construction could take slightly more than one (1) year (FY95-96). It is nearing the point where it will be difficult to keep the November 1996 deadline if we experience the same type difficulties we experienced on the Big Bear Creek Interceptor project. We have had discussions for more than a year with TRA and others to find a way to extend the diversionary contract. If we wait until the last year to attempt to get approval for an extension, it will not be well received either by the Central System or the Denton Creek Wastewater System member cities. A plan that indicates an intent to construct the DCPS in a timely manner will enhance our opportunity to receive an extension without substantial penalty. One factor in our favor is our continued payment to the Denton Creek Wastewater System for capacity rights. Another step would be a plan to phase-in construction of the DCPS. Participation with Marshall Creek in that portion of the DCPS interceptor from the Marshall Creek Treatment Plant to the TRA Denton Creek Regional Wastewater Plant will demonstrate continued intent to meet our contractual obligations. Honorable Mayor and Members of City Council Agenda Item Comments and Other.Items of Interest May 13, 1994 , Page 8 6. Agenda Item No. 5D. Appointment of Kendall Leonard to the Police Reserve will increase our number to 4. (We currently have 8 Fire Reserve Officers, including Kendall.) Ordinance No. 554 creates the Police and Fire Reserve Force. Appointments to the Reserve Force are subject to approval of the City Council. 7. Agenda item No. 7A. Ordinance No. 480-116, 2nd Reading (ZA 94-25). Rezoning and Concept Plan for Yates Comer Storage. No outside RV or boat storage is shown or intended. As of this writing, we have not received a Concept Plan indicating "no outside storage." 8. Agenda Item No. 7B. Ordinance No. 480-120, 2nd Reading (ZA 94-32). Rezoning and Site Plan for property at 2105 Greenwood Drive, North Davis Business Park. There are no major issues left in the revised submittal. Applicant is requesting deferral of bufferyards, landscaping and irrigation until phase two is constructed. This was approved by City Council in first reading and should be included in the motion again if desired. 9. Agenda Item No. 7C. Ordinance No. 480-121, 2nd Reading(ZA 94-34). Truelove Zoning. There have been no changes since first reading. 10. Agenda Item No. 7D. Ordinance No. 480-122, 2nd Reading(ZA 94-35). Rezoning from AG to SF-lA, South side of Bob Jones Road across from Indian Creek Addition. There have been no changes since first reading. 11. Agenda Item No. 7E. Ordinance No. 604, 2nd Reading, Changing water rates. Note in the next-to-last paragraph of the cover memo from Lou Ann Heath, Director of (6w, Finance, that the Elderly/Hardship volume rate for consumption over 100,000 gallons was modified at City Council's direction to be identical to other user rate categories. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 9 12. Agenda Item No. 8A. Ordinance No. 480-109, 1st Reading (ZA 93-115). Hallwood Addition (26.711 acres) Rezoning from AG to SF-lA. This is the largest portion of the Tim Fleet zoning request. The Commission recommended approval. The residents of Harbor Oaks want two acre or larger lots to match their subdivision. Harbor Oaks is zoned SF-1 but typically has lot sizes larger than one acre although several of the largest lots are impacted by the flood plain. You should anticipate several interested parties making presentations. 13. Agenda Item No. 8B. Ordinance No. 480-118, 1st Reading, (ZA 93-117). Hallwood AG to SF-1 (2.978 Acres). This case originally requested SF-30 and included the George tract to the north. The request has been amended to delete the George tract and change the zoning request to SF-1 to match the request on the larger acreage. The Commission recommended approval. 14. Agenda Item No. 8C. ZA 93-119, Hallwood -Preliminary Plat. There have been a total of four (4) plats presented for review on this item. We have included the first three with Karen Gandy's memo to show you the progression of submittal. The plat before you is the fourth review and the plat is on blue paper. The Commission recommended denial based on the third submittal. The main problem was the configuration of the lots. Issues brought up by residents include the following: • size of lots: they believe them to be too small, should be two acres. • cul-de-sac: they believe it is too long. • construction traffic on Burney in order to build Hallwood. • should provide equestrian access rom arbor Oaks to Corps property. Staff is concerned about this area's ability to perc adequately for septic systems. We have met with the Tarrant County Health Department staff to discuss our concerns. We Qe do not have any answers at this time. We have told the developer that the lot sizes will be subject to approval of adequate septic systems in this area. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 10 15. Agenda Item No. 8D. Ordinance No. 480-119, 1st Reading (ZA 94-30) Commerce Business Park SP-1. There were no revised submittals since the tabling by City Council at the last meeting. The review has been amended, removing an informational comment suggesting Council consider the Market Loop issue. Bob Whitehead, Ron Harper, and Greg Last met with Randy Pack this week to discuss construction of Market Loop. Mr. Pack stated that his intentions are to build Market Loop when he gets the first contract for a lot fronting on the street. It was concluded that Bob would work with Mr. Pack to prepare a developers agreement to be placed on the Council agenda at the second reading for the SP-l. Randy is receptive to either of the following options: 1. Escrow one-half the cost of the street for his frontage length (507 LF x $170/LF x .5 = $43,095). 2. Agree that no permits will be requested for any lot fronting on Market Loop until the street is constructed. 16. Agenda item No. 8E. ZA 94-31. Commerce Business Park Plat Revisions. There were no revised submittals and no major issues in the plat review. This review was also amended to delete the informational comment regarding Market Loop. Council needs to be aware that comments on this item should be limited to plat requirements. The construction of the street can be appropriately dealt with in the developers agreement. 17. Agenda Item No. 9C. Resolution No. 94-09, Appointments to S.P.I.N. We feel it is important for City Council to make the appointments to the SPIN Standing Committee this meeting. The date has been advertised for several months and we are beginning to receive inquiries as to when the appointments will be made. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 , Page 11 The next step for SPIN implementation will be an organizational meeting for the Standing Committee. Staff is currently working to develop an appropriate agenda for that meeting, which will be scheduled according to Standing Committee member schedules. 18. Agenda Item No. 9D. Resolution No. 94-15A, calling twopublic hearings for the annexation of 0.361 acres of land located in the C.M. Throop Survey Abstract No. 1510, Tract 7A. This is the same annexation we have been pursuing for several meetings. Note in the memo from Sandra LeGrand, City Secretary, that this resolution re-sets the calendar for the annexation process. The state law does not technically require a home rule City to notify the property owner, as we would in a zoning change. However, given the remarks by Mr. Head at last Council meeting, we are basically backing up and starting over. This will also help us in a problem that occurred due to the dates of our regular meetings and the legal requirements for beginning/ending the process. Note the letter from Scott Bradley, Mayor, Town of Westlake, concerning the proposed annexation. Recall the comments from Mr. Head concerning the potential uses of the property. That is one of the reasons we are moving to annex the property. Westlake cannot annex the property without the property owner's approval. Left uncontrolled, the City of Southlake and Town of Westlake could potentially have something very undesirable next to us. 19. Agenda Item No. 9E. Resolution No. 94-24, Authorizing Transfer of West Park CCN to the City of Southlake. Note that this item was added as a supplement to the regular agenda. It is attached to your agenda. The item can be considered in normal sequence. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 12 This item is as discussed on numerous occasions with City Council. We need to move quickly in order to assure that residents of the trailer park are not disconnected from a water supply. 20. Agenda Item No. 10A. Contract for Tower Lease between City of Southlake and Metrocel for water tower site on North White Chapel and Dove. This contract has no down-side to the City's water utility operation, will provide income to the City, and will eliminate the need for another free-standing tower elsewhere in the area. 21. Agenda Item No. 10B. 1995 TIP. The memo from Greg Last and Bob Whitehead summarizes this year's T.I.P. Note that TxDOT wants to limit the projects to those that are "regionally significant" and staff has reduced the list accordingly. Also, the estimated costs have been revised to include ROW acquisitions, utility relocations and drainage improvements. We did not retype the T.I.P., but just marked it up so that you could see the changes. 22. Agenda item No. 10C. ParticiQation with Dominion and Timarron developments for reconstruction of approximately 750 feet of East Continental, will enable the roadway to be reconstructed while the roadway to the west is being reconstructed by Timarron. We have this on the agenda in order to receive City Council's direction. We feel this would be advantageous to the City to proceed. We have not yet worked out all the details with our attorneys, but will by Tuesday night. 23. Agenda Item No. 10D. Permission to request proposals for lease property for City use. This is the item we have discussed previously with City Council. We will have a detailed presentation Tuesday night concerning our office space needs and the need to lease property, perhaps with an option to purchase, in the next fiscal-year. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 13 24. Aizenda Item No. 11A. Rezoning of Properties. Staff has submitted a list of potential rezonings based on the triangles noted in the 1993 Land Use Plan update. We have made an attempt at prioritizing these items based on the likelihood of development that could jeopardize the long term integrity of the Land Use Plan as approved by Council. 25. Agenda Item No. 11B. Ordinance No. 605, 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 ................. st�eeut and g@ format. ................. .................. ................. OTHER ITEMS OF INTEREST 26. Street Flooding and Drainage. The torrential rains of this week have caused a number of streets, including SH 114, Continental and Highland, to flood. City staff from the departments of public safety and public works were called in during the evening to address the problems caused by the weather. As far as we know, no homes have been flooded and there has been no damage reported. We have received several phone calls from residents in Continental Park Estates concerning debris in the lake and the high water along the creek crossing on Scenic Drive. The resident on the southwest corner of Continental and Scenic was very irate with the City because of the water in her side and back yards which came within a few feet of her house. She has been in the house for several years and, according to her, there has never been such a problem. She attributes the problem to the new development upstream. Her neighbor to the east on the other side of the lake said much the same. We have photographs from 1990 and 1989 (before development began) which indicate the high water in each of those two years were significantly greater than that last Wednesday night. These two residents were not in Southlake in 1989 - 1990. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 14 We also received complaints that septic sewer water was running into the lake. We had samples taken and will know the results in the near future. Given the intensity of the rainfall it appears that improvements in SouthRidge Lakes, on F.M. 1709, in Southlake Hills, and some other subdivisions have actually improved the runoff, i.e., the water dissipated faster than in previous years when the rainfall intensity was similar. We will have the photographs from the 1989-1990 storms available in the work session in case some of you are interested in viewing them prior to the meeting. 27. Lone Star Gas Company has filed a Statement of Intent to change the rates charged for natural gas service in Southlake. 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. This item will be placed on the agenda for the first City Council meeting in June. 28. Southlake Community Dispute Resolution Center - As you may know, Municipal Judge Brad Bradley has a strong interest in mediation as a tool for facilitating communication between parties in dispute. His interest led to the development of the peer mediation program in which we are participating with Carroll Independent School District. In addition, he is offering his own experience 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. It may interest you to know that he has offered his services to two residents involved in a dispute over water draining from one lot to another. 29. FYI...City employees will be observing Monday, May 30, 1994 as a holiday for Memorial Day. We have been notified that Laidlaw Waste Systems will also observe the holiday, per our contract. As such, there will be no trash pick up on Monday. For those residents whose pick up day is Monday, Laidlaw will pick up their trash on Thursday. A press release has been distributed to local newspapers. Honorable Mayor and Members of City Council Agenda Item.Comments and Other Items of Interest May 11, 1994 Page 15 30. Public Works Update. The following is an update of scheduled public works projects: •Construction Schedule on N. Carroll Avenue Dove Road to Dove Creek: Contract has been awarded and the contractor was scheduled to begin on May 9th, but there has been a rain delay. Construction should take 3 weeks. ON. Carroll Ave. from Dove Creek to SH 114 (Drainage & Water Main) Construction is slated to begin June 1st with completion by August 1st. ON. Carroll Ave. from Dove Creek to SH 114 (Paving) Bid opening on May 26th, contract award on June 7th. Paving should be completed by September 1st. •Street Name Signs on Southlake Blvd. (F.M. 1709) TxDOT is bidding the installation of the large (oversize) street name signs on the mast arms of signalized intersections in Southlake on F.M. 1709. The bid will be part of the F.M. 1709 project from F.M. 1938 (Davis Blvd.) to 377 in Keller. The time of the installation will depend upon the contractor. 31. Disposal of large, bul , items, such as brush, old furniture, tires, etc. is a concern of many Southlake residents. Please note that the Keep Southlake Beautiful Board has requested that staff investigate the possibility of developing a disposal program for such items. 32. Soccer Practice Fields at Shady Oaks School Site. Bill Branum, Shana Rice, and I met to discuss the specifics of constructing temporary soccer fields on the northern portion of the new school site. There have been complaints from a neighboring property owner to the north of the site concerning the use for practice fields. This has caused some delay. We believe we have resolved the problem. Bill will send a letter authorizing our staff to begin the construction of the fields. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 16 33. Note the memo attached hereto from Bob Whitehead, Director of Public Works, concerning a request by Ms. Kim Niedson, 1201 Whispering Lane, reference sanitary sewer to her home. Recall that Ms. Niedson was asked to donate ROW for the reconstruction of N. Carroll Ave. by her home and was offered a sewer connection as part of the agreement offered by the City for the easement. She wanted the sewer tap plus the fair market value for the purchase of the property in fee simple rather than the fair market value for an easement. There was no negotiation of this point with her. Recall that City Council directed staff to redesign the street adjacent to her property in order to avoid delays. Recall also the precedent established by the City Council which requires each benefited property owner in a subdivision to be served by assessment sewer to pay the same amount for that sewer regardless of where the property is situated within the subdivision. This is to say that a person whose property is adjacent to the sewer line as it comes into the subdivision will pay the same as each other property owner. Ms. Niedson wants to connect to the sewer line next to her property, but she does not want to pay her share of the cost for providing the sewer to Whispering Dell Estates. Expect to see Ms. Niedson at Public Forum Tuesday night. 34. Attached hereto find a letter from R.E. Smith, 300 Timber Trail, addressed to Allen Bogard, City Manager, City of Keller concerning his attempts to connect to the sanitary sewer that serves Florence Elementary School in Southlake. Also attached is a copy of the Interlocal Agreement between the City of Southlake and the City of Keller and K.I.S.D. which brought sewer service to Florence Elementary. It is our understanding from reading the agreement that the City of Keller would allow Southlake residents to tie onto the sewer line. Apparently the City of Keller has decided it does not like the terms of the agreement and as a result refused to sign the agreement and refuses to allow anyone else to connect to the line. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest May 13, 1994 Page 17 We are trying to work with the City of Keller on this issue, but it puts us in a tenuous position between Southlake residents such as Mr. Smith and our sister city. We are not yet sure how this issue will be resolved, but we are going to do our best to resolve it to the benefit of all concerned. It will do us no good to get ourselves back in the contentious position we were in with Keller in 1988 through 1990. Hopefully, we can avoid this and still resolve the immediate issue. C / City of Southlake,Texas MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS May 1994 Building . . . . . . . . . . . . . . . . . . . . . . . . 4-A Community Development . . . . . . . . . . . . . . . . . 4-B Complaints . . . . . . . . . . . . . . . . . . . . . . . 4-C Finance . . . . . . . . . . . . . . . . . . . . . . . . 4-D Municipal Court . . . . . . . . . . . . . . . . . . . . 4-E Public Safety . . . . . . . . . . . . . . . . . . . . . 4-F Public Works . . . . . . . . . . . . . . . . . . . . . . 4-G Street/Drainage . . . . . . . . . . . . . . . . . . . . 4-H Utility . . . . . . . . . . . . . . . . . . . . . . . . 4-I r • 1 a M .. 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O N to U O v C W H p H z 'Fi to H W H -.i 14 M $4 14 Id -r1 0 W x 0 Hp0 -1gzz2 -a Ha H . , 0E : E1E-4 14 opa O 04 4U Ww OQ� o a U P4 n E+ Uh QH F H fAA u �A-3 CITY OF SOUTHLAYE GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended April 30, 1994 with Comparative Actual amounts for the period ended April 30, 1993 To Date Percent To Date Actual Percent 1993-94 Actual Collected/ Actual Total Collected/ REVENUES Budget 4/30/94 Expended 4/30/94 9/30/93 Expended Ad Valorem Taxes $2,204,198 $2,007,007 91.1% $1,996,421 $2,144,650 93.1% Sales Tax 701,500 443,944 63.3% 278,171 636,737 43.7% Franchise Fees 336,400 308,945 91.8% 224,862 305,909 73.5% Fines 231,440 132,757 57.4% 107,429 182,271 58.9% Charges for Services 57,250 23,040 40.2% 25,126 59,086 42.5% Permits/Fees 1,088,000 923,576 84.9% 626,275 1,251,287 50.1% Miscellaneous 17,940 17,797 99.2% 12,616 44,846 28.1% Transfer In-Other Funds 159,446 0 0.0% 0 159,446 0.00/0 Interest Income 50,000 56,829 113.7% 38,406 4 194 70.9% Total Revenues $4,846,174 $3,913,895 80.8% $3,309,306 $4,838,426 68.4% EXPENDITURES City Secretary $200,879 $104,920 52.2% $79,955 $143,026 55.9% City Manager 178,078 112,208 63.0% 83,419 152,073 54.9% Support Services 602,109 380,745 63.2% 244,055 502,644 48.6% Finance 261,838 156,613 59.8% 127,232 205,844 61.8% Municipal Court 168,605 84,738 50.3% 73,921 144,786 51.1% Fire 720,144 378,201 52.5% 283,147 566,832 50.0% Police 1,024,789 601,317 58.7% 496,679 895,343 55.5% Public Safety Support 439,410 234,861 53.4% 200,808 357,268 56.2% Building 258,492 130,446 50.5% 92,364 154,005 60.0% Community Development 273,625 152,012 55.6% 132,175 234,170 56.4% Streets/Drainage 1,417,086 585,683 41.3% 322,304 857,494 37.6% Parks 196,307 124,103 63.2% 45,256 138,224 32.7% Public Works Administration 121,405 80,292 66.1% 30,979 102,064 30.4% Total Expenditures $5,862,767 $3,126,139 53.3% $2,212,294 $4,453,773 49.7% Excess(deficiency)of Revenue over Expenditures ($1,016,593) $787,756 $1,097,012 $384,653 OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $565,000 $720,827 $0 Excess(deficiency)of Revenues and other sources over Expenditures ($451-593)$1,508.583 $1.097.012 %384.653 FUND BALANCE OCT 1 $1,405,310 $1,405,310 $1,125,708 $1,125,708 Net-Reserved for encumbrances 0 0 105,051 105,051 ENDING FUND BALANCE $953-717 $2.913.893 $2.117.669 $1.405.310 CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period April 30, 1994 and April 30, 1993 To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ REVENUES Budget 4/30/94 expended 4/30/93 9/30/93 expended Water Sales-residential $2,018,500 $1,088,423 53.9% $837,663 $2,294,377 36.5% Water Sales-commercial 418,000 236,874 56.7% 186,522 438,097 42.6% Sewer Sales 270,454 195,267 72.2% 111,909 237,213 47.2% Sanitation Sales 320,000 194,109 60.7% 167,341 296,252 56.5% Other utility charges 197,078 192,219 97.5% 153,092 564,251 27.1% Miscellaneous 17,500 53,739 307.1% 26,448 75,380 35.1% Interest Income 24,000 36,504 1 2 % 1 065 30.118 53.3% Total Revenues $3,265,532 $1,997,135 61.2% $1,499,040 $3,935,688 38.1% EXPENSES Water $1,850,369 $785,490 42.5% $615,967 $1,879,712 32.8% Sewer 887,178 367,966 41.5% 380,502 428,582 88.8% Sanitation 288,000 148,373 51.5% 126,371 263,050 48.0% Debt Service- Revenue Bonds 81,895 20,475 25.0% 46,503 79,719 58.3% Other-Line Oversizing 25,000 19,713 78.9% 3,072 24,072 0.0% Transfers-other funds 269,613 110.167 40.9% 0 267,295 0.0% Total Expenses $3,402,055 $1,452,184 42.7% $1,172,415 $2,942,430 39.8% Net Income/(Loss) ($136-5231 S544.951 $326.625 %993.258 Ln 1 w w o a A H z H a P. 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K i M Z i C Z W ♦ d'O W O i d'O O i 2' k ■ � U K N ♦ �W In U Y k 9 W In U Y k W k # W U U W W ♦ 0!1A r W W i 0_'N r W Q k In k # Q N 1n M # p W Q N J # W Q In J t W Z i W N N J( Z W Q r k J ♦ # W O W r 4 N Q.-1 W r�Z7 # Q1--. W U Z 7 # Q ♦ i r d Q .-. J�J p Q OO OO J7J ClZZ OO � Q T C O C J J W r m 1 N U O W w J W r m 1 n X Q J r J J 3 W r Q Q Z W r N J Q Z U O W W Z N J Q U Q Q Vf r r N W M Q r Zp W N Q r Q r r W aZ-1 W ZrZ Vl d W 1Zi Z lwi Gti y In tl W Z lWi.ri O QZZ' O ZZ O CD r O 00 Q N O i u O O 00 N OC O a r N C07 W O O p O O O O O O O O O O O O O O O O O 2 O a p W O O r O O O O O O O O O r W 0 0 0 0 0 0 CD Q 1 n 10 w Z N M 1 n 1 p 1 m O t W Q N M I N'i f W 01 W 3 N w 2 Z U p Z 0 3 O N p l4 1=L CITY OF SOUTI LAKE UTILITY BILLING MONTHLY REPORT APRIL 1994 THIS MONTH THIS MONTH LAST MONTH LAST YEAR 4/30/94 3/31/94 4/30/93 ACCOUNTS BILLED: WATER $250,014.13 $182,176.03 $143,814.88 SEWER 39,169.26 28,239.10 17,737.42 GARBAGE 28,938.17 28,349.79 24,470.77 SALES TAX 2,224.11 2,044.76 1,765.96 OTHER 1,241.47 2,709.19 2,271.10 TOTAL $321,587.14 $243,518.87 $190,060.13 NUMBER OF CUSTOMERS: WATER 3,516 3,439 2,943 SEWER 1,303 1,227 827 GARBAGE 3,484 3,400 2,944 TOTAL ACCOUNTS BILLED: 3,751 3,672 3,182 NEW CUSTOMERS: (increases for the month) WATER 77 45 41 SEWER 76 17 47 GARBAGE 84 34 40 TOTAL ACCOUNTS BILLED 78 78 42 CONSUMPTION BILLED (IN 000'S): WATER 53,843 34,190 25,188 SEWER 28,491 14,723 8,690 CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1993-94 collected budget balance budget to date balance percent $701,500 31 8 $170.118 24.25% TSCAL FIS BAR: IF1R FISC FISCAL E ISO-A IFA in%Ic %Inc % cE DEAR %Inc MONTH $$!$ $9194 (Dec) 9019I (Dec) 91f9 ec 92193: (Dec) -` (Dec) October $ ,� } $37�#7 ; 35.1% $44,0$I< 16.7% . 46,73.:.I` 6.0% $50,956. 9.0% $ ,408 95.1% November 15,428 14573 59.3% 37,1I7< 51.0% 27,99 -24.8% 42,12E 50.8% 50,623 20.2% December i7$34 21fl52: 18.1% 28,464: 35.2% 33,273 16 9% 33 85(1: 1.7% 7fl,1S5! 107.3% January 26,756 34463 28.8% 4710.6 36.7% 4fI,0I2: -15.1% 67113` 69.2% 1t76,54L 57.3% February 15,$ 4 25;59# 61.0% 22487 -12.1% 40,106 78.4% 39,31 -1.9% 67;$39 47.0% March 14,778 3I1 57; 107.5% 32,955 7.5% 37,488 13.8% 44,176' 17.8% 59 379 34.4% April 48635 37, 11I -23.5% 41,445 11.4% 57,543; 38.8% 6$,66# 19.3% 137358: 27.3% May 27,824 31,541; 13.2% 36 s27 16.3% 41 02i 12.0% 54 623 33.2% June 24 fl51 37 44T 55.7% 37$9# 1.2% 43,IQ5 13.8% 52,1127 20.7% July 3$O 51,37C 33.0% 47,017 -8.5% 51,357 9.2% $0,567 56.9% August 22, 99 31969 40.8% 35,951 12 5% 48,731 35.5% 48,294 -0.9% September 3I_24 R? 4.2% 3 fl0?1' 13.9% 15.5% 54 27.3% TOTAL $311,699 $396,iE16 27.1% $44$ 14$ 13.1% $5100 6` 13.8% $636,73$:: 24.8% $53:I,3S2 53.2% SISrex94.wK3 REPORT DATE 05/12/94 s MUNICIPAL COURT MONTHLY REPORT APRIL 1994 TRAFFIC FNON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 963 4 31 2 1000 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 227 5 14 2 248 C. Cases Dismissed 213 0 2 0 215 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 1 0 0 0 1 (2) Finding of Not Guilty 0 0 0 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 CASES DISMISSED: A. After Defensive Driving 61 0 0 0 61 B. After Deferred Adjudication 117 0 13 1 131 C. After Proof of Insurance 83 0 0 0 83 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 16 0 0 0 16 TOTAL REVENUE COLLECTED: CITY $20,943.50 STATE 12,994.00 TOTAL 33,937.50 MUNICIPAL COURT MONTHLY REPORT MARCH/APRIL 1994 COMPARISON MARCH APRIL 1. NUMBER OF CASES FILED: 879 1000 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 304 248 C. Cases Dismissed 214 215 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 1 1 (2) Finding of Not Guilty 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 73 61 B. After Deferred Adjudication 103 131 C. After Proof of Insurance 76 83 CASES APPEALED 0 0 6. WARRANTS ISSUED 46 16 TOTAL REVENUE COLLECTED: CITY $22,605.50 $20,943.50 STATE 12,013.00 12,994.00 TOTAL 34,618.50 33,937.50 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT April, 1994 POLICE SERVICES Citations Issued 1, 001 Residential Burglaries 0 Arrests _44_ Business Burglaries 2 Traffic Accidents _35_ Vehicle Burglaries 1 Alarm Calls _179_ Assaults 3 Animal Calls _50_ New CID cases assigned 30 Thefts Under $750 _2_ CID Investigations Cleared 28 Thefts $750 and up _2_ Active CID Investigations 26 FIRE SERVICES Residential Fires _3_ Ambulance Calls : Commercial Fires _1_ Vehicle Accidents 18 Other Building Fires _0_ Non-accident EMS 32 Vehicle Fires _1_ Total Patients Transported _17_ Grass Fires _6_ Grass/Weed Complaints 12 Fire Alarms - False _13_ Burn Permits Issued 9 Fuel Spills/Leak _1_ Pre-fire Inspections 14 Other Haz-Mat Calls _2_ Building Plans Reviewed 5 Bomb Threats 0 Other Fire Calls 22 SUPPORT SERVICES Total Police Service Calls _736_ Total Training Hours : Total Fire Service Calls 99 Police 96 Crime Prevention Surveys 3 Fire 0 Total DARE Classes Taught _48_ Communications 8 * Warrants Received Not available Volunteers 0 ` Warrants Cleared Not available Total Personnel Trained * Total Warrant Collections Not available 9-1-1 Hang-up Investigations 7 * (Warrants received, cleared and total — — collected not available for this month - Warrant Officer in school 44F/ A Q A � � 3 3 A U 4J U 4-) U ,J U U (d > ca > >, > >1rn,J r-I 0 r. 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I I O P. I P. M I I N N eo p a :...w:. --� l� N �O .•r en M fn iz ca ;. >U >U U >U 2U >U U pU U >U >U >U 2U2 >U U >U >U >U >U >U 'O> •C> .............. .............. .............. .............. ►� p A ° T g C v v�y r° A A A is a ake �-; v5G5 ; 6 d a a a q aai .. �, A a A a ap F h d a e ° ° o U d 0 en en V e} �Q ut M M V1 M M N M N ~ M fV M l� 00 .............. .............. .............. .............. pp W In en M oo ~ N a n z U) L1J a. CL c A oj a ° ° U U a x ° a°e x c a 0 v ° a ° O ui to 3 vi w 3 z 3 3 w x 3 z 3 3 z u9 3 ui ui U 0 � Q C L' Z ? b ya5 > g cc CL4 ca Q� O ri O O O aLOD 5 5 5 •o r Cg A A x `. .� O w [=� P � Q y��3 City of Southlake,Texas M E M O R A N D U M May 09 , 1994 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department April, 1994. ---------------------------------------------------------- Description Mar Apr 1 . Tons of asphalt used a. Hot Mix Asphalt 127 35 C. Cold Mix Asphalt 50 50 d. Base Material 20 200 2 . Lane Miles of Road Repaired 100 100 3 . Number of Street Signs Repaired or Replaced (all types) 68 47 4 . Feet of Ditch Line Cleaned and shaped 200 200 5. Number of Vehicles Repaired 1 0 6 . Row mowed in miles of streets 5 92 BP/cbk �N • UTILITY DEPARTMENT REPORT MONTH April, 1994 MAR. APR. GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 43,820,000 63,996,000 TOTAL PUMPED AND PURCHASED 43, 820,000 63,996,000 WATER METERS SET 36 39 NEW WATER TAPS MADE 2 2 VALVES REPAIRED 12 9 VALVES TESTED 98 29 FIRE HYDRANTS INSTALLED 1 -0- FIRE HYDRANTS REPAIRED 2 -0 FIRE HYDRANTS FLUSHED 3 2 DEAD END WATER MAINS FLUSHED -0- 34 WATER MAINS REPAIRED 3 5 WATER METERS AND SERVICE LINE REPAIRED 6 6 LOCKED METER FOR DELINQUENT PAYMENT 6 -0- PULLED METERS 0 3 ' METERS REPLACED 0 3 MISCELANEOUS WORK ORDERS 277 221 SEWER LIFT STATIONS CHECKED (4 L.S. ) 92 84 REQUIRED MONTHLY SEWAGE TESTS 8 10 SEWER PLANT MAINTENANCE (BANK & DOVE) 46 42 SEWER MANHOLES INSPECTED 4 -0- MISCELLANEOUS PROJECTS 1 1 42 man hours conducting walk through find inspections in new subdivision WATER SUPERINTENDENT DIRECTOR OF PUBLIC WORKS �1 FIELDING, 8HKKEII ILL: 61(-532-4?40 May IL,y4 IL;00 No .UUb V .U1 MELDING, BARRETT & TAYLOR, L.LP. AVORNEYS 3400 SANK oNa TOWiRR 500'MROCKMORTON STREET FORT WORTH.7FxAS 76102-3821 1rt:LEP(H�000NE($17)332.2W FAX(917)332�40 MOARETN RAM May 12, 1994 Mr. Curtis E. Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 RE: Waiver of delinquent tax penalty and interest for: ABS Tract 3A, Hall W.W. Survey, Highway 114, Tax Account No. 4493451, owned by Jim Milner Dear Curtis: Tarrant County has requested that the City of Southlake waive penalty and interest on the above referenced account. Apparently, there was a complicated mix-up regarding the identity of the record owner of this tract, and Mr. Milner never received a tax bill for the years 1982 - 1985. (tow, Section 33.011 of the Texas Property Tax Code provides that the governing body of a taxing unit shall waive penalties, and may provide for the waiver of interest on a delinquent tax if an act or omission of an officer, employee or agent of the taxing unit or the appraisal district caused or resulted in the taxpayers failure to pay the tax. It is my understanding that Mr. M1Iner has now paid the original tax levy (minus penalties and interest) for the years in question as required by law. Tarrant County has concluded, and I concur, that it is appropriate to waive the penalties and interest in this instance. I am enclosing with this letter Terri Hale's memorandum to me regarding the history of this tract,the latest tax bill, including penalty and interest,and Mr.Milner's letter to Asa Hamrick of the Tax Assessor's office. Please call if you have any questions. Sincerely, Gkh� Betsy Elam LAElwrt G\fitc.��mua'\alal�e�letto•\hawic03!_ta ,ja - � r 1GLL11V0 a DI'YRRG I 1 ILL Ol( —JJL-4 f 4V Pldy 14 74 1G •JJ vw VVo r VJ ME RAN U (iW TO: Betsy Elam FROM: Terri Halc APP DATE: May 11, 1994 FILE: Southlake: Delinquent Taxes RE: Charles Reiser, Acet. #4493451 The referenced tax account has delinquent property taxes for the years 1983, 1984 and 1985 of approximately $5,300. George Nobles of the Tarrant County Tax Assessor/Collector's office has been working with a Mr. Milner who wants to pay the original for these tax years. Mr. Nobles has requested that the City of Southlake walve the penalties, interest and attorney's fees due on this account. Mr. Milner has owned this property since 1982. His property consists of tract 3A and tract 3A2. For some reason, in 1980 tract 3A2 was erroneously cut out of tract 3A and given a separate account number that has existed ever since. Jim Milner had purchased tracts 3A and 3A2 on February 15, 1982. Milner was receiving a statement for taxes only on tract 3A. Milner thought he was paying all the taxes due for both 3A and 3A2. Milner had his property in AG rollback since he had owned it and he really didn't pay attention to the tax amounts. On February 16, 1982, Sylvia Fox Reiser conveyed to Charles A. Reiser, her ex- husband, this erroneous tract 3A2. Sylvia never owned this property and therefore should not have conveyed it. However, a deed was filed in Tarrant County and TAD began sending statements to Charles Reiser who now "owned the property". In 1986 TAD combined 3A and 3A2 into a single account number (03928128). This was the same account number that Milner had on his tract 3A property that he had been paying his taxes on all along, Milner didn't notice the increase in taxes since they were in AG rollback. Tarrant County cannot locate either Sylvia or Charles Reiser to correct this deed. They have no idea why Sylvia Reiser would convey property that she never owned to her ex-husband or anyone. Nevertheless, Milner has sent a check to George Nobles in the amount of $2,436.58 which is the sum of the original tax levies for 1983-1985. Nobles would like to knew, as I have stated earlier, if the City of Southlake would accept payment of only the original tax levy. Though TAD had combined 3A and 3A2 again, it still left the erroneous tax account set up for tract 3A2 with taxes for 1983-1985. In addition, Tarrant County filed a tax suit in 1991, Cause No. OS877-91 against Charles Reiser. The citation was returned unexecuted. The City of Southlake has intervened in this tax suit. Presently $671 in court costs are pending. THanlw f.'lfiles\muni\alnkc\de[tax\elam mom 14v74 1L-JJ ICU .UVU f.U4 ` F`EB 2 3 nuJAP J. E. MILNER ENTERPRISES February 24, 1994 Asa P. Hamrick, Chief Deputy Tarrant County Administration Building 100 8. weatherford, Room 105 Fort worth, TX 76196-0301 Dear W. Hamrick: Find enclosed a check in the amount of $5, 514.14 per your instructions by phone this morning. It is MY understanding this amount reflects the amount owed less any penalties for the years 1982, 1983, 1984, and 1985 under an erroneous acct. #4493451 being sent to a Charles Reiser. I have been contacted by a Ms. `ferry Hale with the law firm of Fielding, Barrett & Taylor (332-2580) that represent the City of southlake regarding this matter. please inform her as to our current understanding of a resolution to this matter. Sincerely, Jim Milne-r JEM:1j h Enclosure CC: Terry Hale Fielding, Barrett a Taylor 500 Throckmorton Street Fort Worth, TX 76102 851 E.HIGHLAND SOUTHLAKE,TEXAS 7W92 817-48&9531 -3 i I LI(lilil-. . i - - -. --- -1 - - ,.-v - - , - -- - - .--- 1 .VJ h 0ELIa � 0EN T T A X S T A T E M E N T PAY TO: JUNE GARRISON TARRANT COUNTY P.O. 80X 961018 000983 FORT WORTH TX 76161-0018 ACCOUNT: 00004493451 DATE: 02/17/94 AC#: 00004493451 REISER, CHARLES HALL, N M SURVEY X REAL ESTATE TAX SERVICE ASS: 695 TRK: 3A 3101 MEARICE STNEcT FT WCRTHP TX 701C7-0000 PROFENTY LOCATICN• 3101 HWY 114 - - .L -r------------------r--- --------- -r r------a r----------r--------- IF PA10 IN IF PAID IN IF PA10 IN 1TAX 1 OR16INAL 1 PEORUARY -r+-_MARC++-a---a_ 1 a APRtL a 'EARIUNITI TAX i-------------------1� LEVY 1PENALTY $ 1PENALTY B 1PENALTY 8 INTEREST TCTALI INTEREST TOTALI INTEREST TOTAL ---------arr•-.-----rr-arrw-------r---r-------ar•-•r-•--a-rr �-•-r-- 83 1022 1 167.411 22z.66 39C.071 224.33 391 .741 226.00 393.41 84 10[2 1 931 .341 1 ,126.Y2 20056.261 1 ,130.23 2PO67.571 1,145.55 2476.89 85 1oz2 1 1,337.831 1,458.23 2r79E.061 1,471 .61 2,809.441 1,494.99 2*822.82 _ _ _ - 'OTAL AMOUNT DUEa Yw 5.244.39 5,268.75 5,293.12 :F THESE TAXES HAVE BEZN PAID SIKCE JAN 30, 1994, ` 'LEASE DISREGARD THIS NOTICE. L .AX UNIT CODES •------------- 122 CITY OF SOUThLAKE sue- � 0 �� i�at�� ►`� a I111 r mill IN 0 1 pow log I�■�� 00 © /�III��:�%;�� E;ate .■.sir, IIIIIIF�►'._� _: W■■ ��■■.� r FROM son 7w, ~erg'II '• ems;■©^ IWWA ��en on E� ■■,I ` r ■ ■Fui■ OMAN �,,c,� ■��'� `•�� v •.. .�;'��'_3j1��'�=�;,1�■■�■ i mall 101 PRE IN 12-1 Old PO I ►��•'•�'�'mow;•, •. �•` :;�•�_ ��►y�,,��,, r RM Ilk a , -Rio VIM — _ �� '" City of Southlake,Texas MEMORANDUM May 13, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for North Carroll Avenue, Drainage Improvements and Construction of the 12 Inch Water Line GENERAL INFORMATION City Council approved the bidding for reconstruction of Carroll Ave., Drainage and Water Line for (S.H. 114 to Dove Creek) during their August 17, 1993 meeting. Advertisement was published on April 17 and April 24, 1994. Bids were publicly opened and read aloud on May 9, 1994. BID TABULATION See attached bid tabulations prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS None FUNDING/FISCAL IMPACT Funding for the Carroll Avenue project will be provided from (a) $274,357.50 from the Street $1.5 million bond sale; (b) $51,490.55 from Utility Fund. STAFF RECOMMENDATION Staff recommends that the City Council award the bid to low bidder Wright Construction in the amount of $325,848.05. Please place this item on the Council's May 17th agenda for their consideration. BW Attachments: Bid Tabulation Sheets CHEATHAM AND ASSOCIATES May 10, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Award of Bids for Street Reconstruction - Carroll Ave. Drainage & Water Line for (S.H. 114 to Dove Creek) City of Southlake Job No. 001-213/513 ,,. Dear Mr. Whitehead: Enclosed herewith is the bid tabulation for the subject project. The project was bid on May 9, 1994. As shown, the low bidder was Wright Construction with a bid or $325,848.05. Wright Construction has been performing satisfactorily for the City, therefore, we recommend that the contract be awarded to Wright Construction in the amount of$325,848.05. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. \wdght.aob Enclosure �� ` E:GZof�S:westPlani NNERS • SUR:YORSA Subsdiry ingd Design, Inc. 1601 E. Lamar Blvd. • Suite 200• Arlington,Texas 76011 817/548-0696 • Metro 265-8836 •Fax 817/265-8532 '5-A -'�- c ; o0000000000000tno to ootn000 OOOOOOOOOOOOOONtn MOMOtAO S 0 tf) MN0000000 (n00N 00 O M a) C _ N tr0 f.. O 0 Cl) O N 01 1 v O w O O O w M M O M 1` t` 00 O O It (O0) f`V' MLAO � O N OO -'(D I- to Cl) O(O to O00 j O bo O 69 _ _ (A .- ('7 1� (,(,. 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F- A z a Cl) A w cm> U V o Z z w w 0 a > g 0 > O m ~O Cl) O coU) 0o F CL. aODUODUOz UU Nw C7 ~ Q > z w 0- aF- U I- X }} Um 2QQ - Xw U f QO LU 0- CL pNiOMt W2 0WLLOO W X � F- N Om O -+ m = > ' 0 0u UJ (h (07 � Q {Za- W � � � U � UJ UU m 2 z F- a Q Q u o < < 0-U)(L VU� � � DQOo0 O zo m F- u� a w a a U (n i- _.1 H 7 O UZ Y Y � xx U) F- W m 2 (4 (o OZQ W Q > O N U U - 0 - O F- F- Z O - F- F- F- } o 0 O (11 F Z C) _ = to in v O cn cn _�O tOnr 0 �> zzQ - ZZZ � - OOOZUn 00 Q H (LLLUUU (Lu. UUUU (LWwaJ= � � OOO TC(NotCL4 z . (Q M WtCM4 "V V t() (p � aD O O F_ Z N N MMM M M M M Cl) ITN.1 a r J g V v-� City of Southlake,Texas MEMORAN 31JM May 13, 1994 TO: Curtis E. Hawk, City Manager FROM: Robert Whitehead, Director of Public Works SUBJECT: Construction Agreement for Phase I/Segment No.1 of the Denton Creek Region Wastewater Pressure System (Marshall Creek line). Attached for City Council consideration is a Construction Agreement between the TRA, the City of Southlake, the Town of Marshall Creek, and the Lake Turner MUD Nos. 2 and 3. This agreement would authorize the construction of the pipeline from the Town of Marshall Creek to the treatment plant. The City Council previously authorized City of Southlake to participate with Town of Marshall Creek in the project. This proposed agreement would have the TRA serve as the overseer of the construction and would provide capacity to a substantial part of the territory within the Town of Westlake upon completion. This would reduce the ultimate cost to the City of Southlake in the construction of the Denton Creek Wastewater Pressure System that will serve the northern portion of our City. Staff recommends approval of the contract. Please let me know if you have any questions. v� BW/kb sc - I s _ TRINITY RIVER AUTHORITY OF TEXAS DENTON CREEK REGIONAL WASTEWATER PRESSURE SYSTEM - PHASE I CONSTRUCTION AGREEMENT STATE OF TEXAS I COUNTY OF TARRANT ) THIS AGREEMENT is made and entered into as of the day of , 1994, by and between the TRINITY RIVER AUTHORITY OF TEXAS, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended, pursuant to Article XVI, Section 59 of the Texas Constitution (hereinafter called "AUTHORITY"), and the CITY OF SOUTHLAKE, TEXAS, a municipal corporation of the Counties of Tarrant and Denton, State of Texas, (hereinafter called "SOUTHLAKE"), the TOWN OF MARSHALL CREEK, TEXAS, a ,municipal corporation of the County of Denton (hereinafter called "MARSHALL CREEK"), and the LAKE TURNER MUNICIPAL UTILITY DISTRICTS NO. 2 and NO. 3, improvement districts of the Counties of Tarrant and Denton (hereinafter called "LAKE TURNER MUD NOS.2 and 3"). WITNESSETH: WHEREAS, the AUTHORITY owns and operates the Denton Creek Regional Wastewater System (hereinafter called "SYSTEM") providing for the treatment of wastewater from the Cities of Fort Worth, Haslet, Roanoke, Southlake, Keller and the Lake Turner Municipal Utility District No. 1; and WHEREAS, MARSHALL CREEK has committed to the Texas Natural Resource Conservation Commission to abandon its existing wastewater treatment plant and construct a pipeline to convey its wastewater to the SYSTEM treatment plant, and; 1 �c-a WHEREAS, AUTHORITY has approved a service contract (hereinafter called "PROJECT") to provide for MARSHALL CREEK'S SYSTEM service conditioned upon MARSHALL CREEK'S agreement to allow additional parties upstream of MARSHALL CREEK to participate in the funding and use of a larger sized pipeline to convey all four parties' wastewater flows to the SYSTEM; and WHEREAS, SOUTHLAKE and LAKE TURNER MUD NOS.2 and 3 are agreeable to fund their share of the costs of the PROJECT through payment to MARSHALL CREEK; and WHEREAS, AUTHORITY is agreeable to accept the PROJECT as an asset of the SYSTEM, provided that (1) the PROJECT is sized to accommodate the projected flows of MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS.2 and 3, (2) the PROJECT is built to AUTHORITY standards, and (3) the PROJECT is fully funded by those parties that will benefit from the PROJECT; and WHEREAS, AUTHORITY, MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 agree to proceed with the construction of PROJECT, subject to the terms and conditions to follow. NOW THEREFORE, the foregoing parties to this agreement agree as follows: Section 1. DEFINITION Of TERMS. Terms and expressions as used in the Agreement, unless the context shows otherwise, shall have the following meanings: A. "Construction" means any one or more of the following: (1) engineering, architectural, legal, title, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, acquisition costs of land, or other necessary action; including administrative overhead; (2) the expense of any condemnation or other legal proceeding including the satisfaction of any final judgment as a result thereof; (3) erecting, building, acquiring, altering, remodeling, improving or extending a sanitary sewer interceptor project; and (4) the inspection or supervision of any items listed above. B. `PROJECT" means the Denton Creek Regional Wastewater Pressure System — Phase I. C. "PROJECT COSTS" means all costs and expenses incurred in relation to the construction of improvements to the PROJECT as are necessary 2 including without limitation for construction costs, costs of machinery, legal expenses, equipment and other capital assets incidental and relating to the construction of the improvements of the PROJECT. Section 2. PROJECT SCOPE. For the convenience of the AUTHORITY, MARSHALL CREEK, will enter into such Contracts or Change Orders as are necessary to provide for the design of the PROJECT, land acquisition for PROJECT easements, administration, construction, and third party inspection of the PROJECT, and said Contract or Change Orders shall be executed in a form as required by laws applicable to the PROJECT and satisfactory to MARSHALL CREEK. Section 3. CONDITIONS PRECEDENT_ The obligation on the part of AUTHORITY, MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 shall be conditioned upon the following: A. MARSHALL CREEK has entered into agreements with the firms of Todd Engineering, Inc., and Gary Traylor & Associates, Inc., to provide for engineering assistance and community development block grant assistance. MARSHALL CREEK has received a community development block grant for use in paying one hundred fifty two thousand dollars ($152,000) towards costs for the design, land acquisition, administration, and construction of a Pipeline to extend from MARSHALL CREEK to the AUTHORITY'S SYSTEM treatment plant. MARSHALL CREEK has revised the scope of its pipeline by revising the design to increase the size of the pipeline to provide capacity for the portions of SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 that are situated within the PROJECT'S drainage basin. The larger pipeline constitutes the PROJECT which is to be built by MARSHALL CREEK for the benefits of MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MOO NOS. 2 and 3_ MARSHALL CREEK agrees to facilitate design, land acquisition, administration, and construction of the PROJECT to meet AUTHORITY standards and AUTHORITY agrees, upon completion of the PROJECT, to assume the PROJECT as an asset of the Denton Creek Regional wastewater Treatment System. To provide for the payment of PROJECT costs in excess provided by MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 agree to pay 3 Sf-y 05/13/94 16:18 U817 405 0970 IRA Wjvvz/uu0 into an interest bearing escrow account, to be established by MARSHALL CREEK, the following amounts: SOUTHLAKE $240,599.00 LAKE TURNER MUD NOS. 2.and 3 $240,599.00 These amounts shall be paid prior to June 30, 1994 and are acknowledged to include estimated shares of PROJECT costs plus a 5% contingency amount on construction cost. Once payments to the escrow fund have been made, MARSHALL CREEK shall proceed to advertise PROJECT for bids and to open bids in accordance with applicable requirements. Should the low apparent bid be less than the amount of available MARSHALL CREEK funds, then MARSHALL CREEK shall proceed to consider awarding a construction contract for the PROJECT. Should the low apparent bid be greater than the amount of available MARSHALL CREEK funds, then SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 shall each pay half of the deficient amount of funding. However, MARSHALL CREEK shall not proceed with construction of the PROJECT until the city of SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 have approved their cost participation, respectively. Once the PROJECT's construction contract is awarded by MARSHALL CREEK, any additional costs encountered in excess of funds on hand must be secured from SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 in advance of MARSHALL CREEK'S approval or authorization of such costs. Within 30 days of completion of construction, a final cost accounting will be performed by MARSHALL CREEK with any excess funds being returned to SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 in the proration in which these funds were paid. Section 4. FORCE MAJEURE. If by reason of force majeure either the AUTHORITY or MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 shall be rendered unable wholly or in part to satisfy its obligations under this Agreement, then if either party shall give the other party notice and full particulars of such force majeure in writing within a reasonable time after occurrence of the event, the obligation, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" 4 VO/IJ/V4 io:ilf xxoil ioJ VVIV iXA 'YJ Vv4'VVV as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any branch of the Government of the United States or the State of Texas or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or on account of any other causes not reasonably within the control of the AUTHORITY or MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3. Section S. TERM OF AGREEMENT; MODIFICATION; NOTICES. A. TERM OF AGREEMENT. This Agreement shall be effective upon execution hereof and shall continue in force and effect for a period of one (1) year or until the improvements to the PROJECT are completed and accepted by the AUTHORITY. B. MODIFICATION. No change or modification of this Agreement shall be made which will adversely affect the prompt payment when due of all moneys required to be paid by AUTHORITY under the terms of this Agreement or the work to be performed by MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3. C. NOTICE. All notices or communications provided for herein shall be in writing and shall be either delivered to MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 or AUTHORITY, or if mailed, shall be sent by certified mail, postage prepaid, addressed to MARSHALL CREEK, SOUTHLAKE and LAKE TURNER MUD NOS. 2 and 3 or AUTHORITY at their respective addresses. For the purposes of notice, the addresses of the parties shall until changed by written notice, be as follows: AUTHORITY: Trinity River Authority of Texas 5300 S. Collins P.D. Box 240 Arlington, Texas 76004-0240 Attention_ Warren N. Brewer Northern Region Manager 5 .'y 05/13/94 10:20 U817 405 0970 IRA WAVV4,VVU Town of Marshall Creek P.O. Box 1080 Roanoke, Texas 76262 Attention: Bobby Ward Mayor City of Southlake 567 North Carroll Avenue Southlake, Texas 76092 Attention: Curtis Hawk City Manager Lake Turner Municipal Utility District No. 2 2421 Westport Parkway, Suite 200 Fort Worth, Texas 76177 Attention: Donna Parker President Lake Turner Municipal Utility District No. 3 2421 Westport Parkway, Suite 200 Fort Worth, Texas 76177 Attention: Rice Tilley, Jr. President Section 6. PRIOR AGREEMENTS SUPERSEDED. This AGREEMENT constitutes the sole and only Agreement of the parties hereto and supersedes any prior understanding or oral or written Agreements between the parties regarding the subject matter of this AGREEMENT. Section 7. LEGAL CONSTRUCTION. ` In case any one or more of the provisions contained in this AGREEMENT shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 8, GOVERNING LAW. The validity of this AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. 6 va/1J/a4 ib;zu 400 vale IKA wi V V 0 uuo Section 9. PLACE OF PERFORMANCE. All amounts due under this AGREEMENT, including damages for its breach, shall be paid in Tarrant County, Texas, said Tarrant County, Texas being the place of performance as agreed to by the parties to this AGREEMENT. In the event that any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in Tarrant County, Texas. IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original and as of the day and date first written above. TRINITY RIVER AUTHORITY OF TEXAS DANNY F. VANCE, GeneralManager ATTEST: JAMES L. MUM, Secretary Board of Directors (SEAL) TOWN OF MARSHALL CREEK THE HONORABLE BOBBY WARD, ayor ATTEST: City Secretary (SEAL) CITY OF SOUTHLAKE CURTIS HAWK, City Manager ATTEST: City Secretary (SEAL) 7 LAKE TURNER MUNICIPAL UTILITY DISTRICT NO. 2 DONNA PARKER, President ATTEST: (SEAL) LAKE TURNER MUNICIPAL UTILITY DISTRICT NO. 3 RICE TILLEY, ., President ATTEST: (SEAL) 8 �c - 9 q/9 - 6?" -r�- d _ _� � •fir. � �� 616 666 \ ,,SEWER-LINE ; ,,.,ROVEME.NTS-_ _ _'605_-_=�=_- \�`. MARSHALL REEK' NTON CREEK REGIONAL 0 �STEWATER TREATMENT Pk-ANT 'L ° JPROPOSED Strip Mine o_ ••�,, e� INTERCEPTOR LINE ,/see st"p . \ 646 ..... / -�� .V. TOWN OF MARSHALL CREEK o ." �c-io 17 1 377 U DENTON CREEK REGIONAL SEGM NT NO. 1— — — WASTEWATER TREATMENT — — — PLANT — — — Mar5ha11Br` - - - -- - — 114 SEGMENT NO. 2 — KIRKWOOD BRANCF PUMP STATION 003 DENTON CREEK ifK� PRESSURE SYSTEM y Gt. fi �0 114 377 E 1709 Big Bear CIO u 56 -�� City of Southlake,Texas CITY MANAGER MEMORANDUM May 12, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Appointment of Reserve Police Officer Kendall Leonard We are requesting the approval of Kendall Leonard for Police Reserve Officer. Kendall is currently a temporary Department of Public Safety employee in the Communications Division. He is an appointed Reserve Firefighter with approximately five years experience with the Fire Service Division. Kendall graduated the Fire Academy in December of 1993 and the Police Academy in April of 1994. He will continue his volunteer service in both fire and police divisions, with his ultimate goal of becoming a full time Public Safety Officer. Kendall and his parents have lived in Southlake for approximately 12 years. ' for an questions or comments that you might have. I am available o y q y g , G BC/mr wp l Memo ll Meonard.App sd-� i e City of Southlake,Texas MEMORANDUM May 6, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-25 Rezoning and Concept Plan/Ordinance No. 480-116 REQUESTED ACTION: Rezoning and Concept Plan for Yates Comer Storage, being 3.1 acres situated in the Francis Throop Survey Abstract 1511, Tracts 1AA, 1E, and a portion of Tract lEL LOCATION: Northwest comer of Dove Road and North Kimball Ave. OWNER/APPLICANT: Rick McPherson. CURRENT ZONING: "AG" Agricultural and "C-l" Neighborhood Commercial District REQUESTED ZONING: "B-2" Commercial Manufacturing District. AMENDED REQUEST: "S-P-2"Generalized Site Plan District to allow mini-warehouse storage. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: Three responses to the "B-2" request within 200' notification area: * Mike and Linda Tompkins, 2100 E. Dove Rd., opposed - would change whole area which is a residential zoning and setting. * Mable Cate, 2050 E. Dove Rd. undecided - would increase traffic and cause loss of trees. * Nell George, 4219 Dalton Dr., opposed - would like to see Torian Lane stay residential and more homes built. Three responses to the "B-2" request outside the 200' notification area: * Bill Towler, 1470 N. Kimball, opposed Contrary to B-2 district - the site is in close proximity of residential property - traffic to site drives through residentially zoned area - site not on major thoroughfare. * Lester J. Strait, 1900 N. Kimball - opposed - bordered on 3 sides by residential and on fourth side by 7 4 1 City of Southlake,Texas neighborhood commercial. Echoed Mr. Towler's reference to the intent of the "B-2" district. * Tom Schneider, 2034 E. Dove, opposed - due to residential flavor of area; concerned about other "B-2" uses; concerned about limited success of businesses at the intersection (i.e. Food Lion); perhaps an "S-P-2" classification would be more appropriate. P & Z ACTION: April 7, 1994; Approved (4-0-1), subject to Plan Review Summary dated March 31, 1994,recommending to change requested zoning from "B-2" to "S-P-2" Generalized Site Plan District to specifically allow mini-warehouse use as indicated on Concept Plan. COUNCIL ACTION: April 19, 1994; Approved (5-0) applicant's request to table and continue the Public Hearing until the May 3, 1994 Council meeting. May 3, 1994;Approved(4-1), First Reading, Ordinance No. 480-116, subject to second Plan Review Summary dated April 29, 1994, deleting item #5 allowing a fence instead of a berm, and restricting any other outside storage use of any kind...no RV or boat storage. STAFF COMMENTS: No revisions have been received since the First Reading. Attached please find the second Plan Review Summary dated April 29, 1994. KPG/bls CAWPFIMEM0\CASES\%-25.z&C 7 A-2 ►�� i .mm M:l: ■■■�iil■■JCS■■/♦ �i�i �i ��j�• :��j�� _ ��■SCE ��♦��r i�� i WI gog mom - - - - - - Oki MOM t O ��© 8�►�'� wit • ©� � f . I TR 10 ( � j At- TR iN I .5 AC TR 1X 1 AC I� � 1 .5 AC II 4 "AG" TR iJ I( J� TR 1R .5 AC Q EKS 1 AC TR SY R Iil i AC TR iJl NJ I N C .5 AC 3 H. George TR iZ M. Prinz 2 r10 , i AC TR 10 "SF-1 A` �'�11 1 AC "AG" City of Grapevine 1 "AG" 3 TR 1EE2 ¢ 1. 18 AC J. Tompkins Qc "SF-lA" R A 1 A TR 3B2 3 BB AC 2 TR 2C1 Ty TR 383 C TR 28 . .56 AC ,9B AC 5 AC 1 N� I i 7 y�BO .87 1 AC 2 1g0� TR 2C "SF-1M "C-1" 3 3 M. Cate 2. 18 AC TR 2K 4 i 1 .29 AC 1 .4 A C 3 l "SF-lA" TR 2L TR 2J / 2 1 AC 1 I .031 AC ,. P. Long D. Ward \ . I 1 I TR 2J 1 �. ..SF-lA" "C-1"• 1 s TR 20 Nguyen Dinh 2 7a0 @ 6.054 AC TR 2 2 .95 AC TR 2M A 1 .02 AC n R I TR 2H TR 2C P p1 O A .5 AC .5 AC l o ADJACENT OWNERS o 31825 TR 2F2A AND ZONING ., 2.712 @ 'at) 1.452 AC 2 AC 3.788 @ R 2F3 TR 2F4A TR 2F4 2 AC 1.00 @ 2.0 ACJ . 1 . 9 _ -1A -y t / City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-25 REVIEW NO: TWO DATE OF REVIEW: 04/29/94 PROJECT NAME: Concept Plan for Yates Corner Storage, being 3.1 acres situated in the Francis Throop Survey, Abstract No. 1511, Tracts 1AA, lE, and a portion of lEl OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Rick McPherson J. E. Levitt Engineers, Inc. 351 Bank Street, #106 726 Commerce Street, Suite 104 Southlake, Texas 76092 Southlake, Texas 76092 Phone: Phone: (817) 481-3313 Fax: Fax: (817) 481-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 04/25/94 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. Correct the existing zoning in "the General Notes, adding C-1. 3. Provide the property owners' names for the lot to the west and the tracts to the north. 4. Note the existing tree coverage. 5. The applicant has met all the bufferyard requirements with the exception of the placement of the three foot (Y) berm along the south. The applicant proposes substituting a six foot (6') fence instead. * 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. * Although parking appears adequate as shown, the final parking requirement will be determined upon submittal of the site plan based on a summary of square footage by use. * Open space requirements will be reviewed as part of the site plan submittal. * Sign permits shall be issued pursuant to the requirements of Ordinance No. 506. A -5 City of Southlake,Texas * 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 = 6.645 s.f.* 11 22 111 665 * Of this total, 70 s.f. must be in the parking area. * Although not required by ordinance, Staff would appreciate placing "Case No. 94-25" in the lower right comer for ease of reference. * Denotes Informational Comment cc: Rick McPherson John Levitt Engineers Inc. qA-(o � k O rr-�.yr Qr7Q.L �[r'IIS.i.IlOQ , .r.so� S•p r �� •anv -rrvasrnc •x w •aa+: :noa !C� E� � � L (Moe � -oana e.oeauwooanro ezovxosa x:xacoo a�.sra 1 � �E� � Surma nw e. StOnto7 'lo-r .-.-....w.rr rsn.e + it' 4 a • It---a rr�t/rrr frffifl I� I g181�i�tt�l�� f ---fie@ 3"1=!0 A113 - mulA J•� f 9Glf A 9Qy AIWSMI A / / I •AAC'71N �)�P tl� / / 1 3 9Q'1l AMWSVN 9Gll A71lOSYN b 1 ' mwx AWES" 'AM 707 t / q fi ayr i / r f I nax AWASVM ♦/ r / 1 'rrrrr -� / AAISN34"M AM-„n / YhA CITY OF SOUTHLAKE TEXAS ORDINANCE NO. 80-116 N 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 3.1 ACRES SITUATED IN THE FRANCIS THROOP SURVEY, ASTRACT 1511, TRACTS lAA, IE, AND A PORTION OF TRACT lEl, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL AND "C-l" NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-2" GENERALIZED 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 WHEREAS, the City of Southlake, exas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural and "C-1" Neighborhood Commercial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether CAORMZONING\480.116 Page 1 74 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\Z0N1NG\480.116 Page 2 a Being 3.1 Acres situated in the Francis Throop Survey, Abstract 1511, Tracts 1AA, 1E, and a portion of Tract 1E1 and more fully completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural and "C-l" Neighborhood Commercial District to "S-P-2" Generalized Site Plan District to allow mini-warehouse storage 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. CAORMZONING\480.116 Page 3 7� - �0 Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 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 Cc\ORMZONINGW80.116 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.116 Page 5 EXHIBIT "A" All the certain tract or parcel of land located in the Francis Throop Survey Abstract 1511, Southlake, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the intersection of the north line of Dove Road with the west fine of North Kimball Avenue; THENCE North 64 degrees 06 minutes West- 205.26 feet along: the •north right-of-uaay line of Dove Road to the Point of Beginning; THENCE Nortth 64 degrees 06 minutes West. 200.52 feet along the north right-of-way line of Dove Road to a. point in the east line of Torian Lane (unrecorded plat) ; THENCE North 343 .95 feet along the east line of said Torian Lane to a point for a corner; THENCE. East 365 .00 feet to a point in the west right-of-way of. North Kimball Avenue; THENCE South 379 .84 feet along the west right-of-way of N. Kimball Avenue to a point; : THENCE South 66 degrees 33 minutes 30 seconds East 174 .88 feet to a point; THENCE South 11 degrees 30 minutes 15 seconds West 123 . 55 feet to the Point of Beginning and containing 3 . 1 acres. C AORMZONING\480.l 16 Page 6 7R 15 EXHIBIT "B" / SF-u LLLA-LOv ItM WGITY / 1' / IQIM W1' A , ,� ✓ 'caw-DW. 1 / MASONRY DG 1 LVC.DW. •I , ; ;; CVIG DW. MASONRY BLDG �,. y (� ti E cRL DNY. / 1 ---------- MASONRY SumMASONRr HLDG M 1 / DW, 1 i \ Jo YY�v MASONRr iLMi. MAswer RLDG. � / I 'i tt ---------HKI•TdAL.L AV6-------- --_-_ CITY OF SOlJT1iA1a: CITY OF GRAPEVINE ��illlt��-iii� s t q 2i ] .. ry 7 'PAPF� F��rp 'r' F S � � K gggg v � � v E 0 IL i- b ae.�!.uw•M�.ti MNw .D.Ds- 0_OSV04Y Iq MR DOC111p, 1/; 6 YArlL>! CORxSR tlrORw6m D=D�DooaaRRD�e. Daoo. 1 Dovz RD. ae x. laacsall, wvE. ��•��.� 3.1 �oro� m ty71CLAKL:, rEXA O 7A-I ti City of Southlake,Texas MEMORANDUM May 6, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-32 Rezoning and Site Plan/N.Davis Business Park/ Ordinance No. 480-120 REQUESTED ACTION: Rezoning and Site Plan for a 0.757 acre tract of land situated in the Thomas J..Thompson Survey, Abstract No. 1502 and being legally described as Lot 1R, Block B, North Davis Business Park. LOCATION: 2105 Greenwood Drive OWNERS: Clarence R. Kidd and Curtis Kidwell APPLICANT: Metrocel Cellular Telephone Company CURRENT ZONING: "I-1" Light Industrial REQUESTED ZONING: "S-P-l" Detailed Site Plan District (to allow "I-l" uses with outside storage and an antenna station) LAND USE CATEGORY: Industrial NO. NOTICES SENT: Six (6) RESPONSES: Received one written response: Merchantile Bank of Fort Worth, in favor, this will benefit property owners. P & Z ACTION: April 21, 1994; Approved (5-0) subject to the first Plan Review Summary dated April 15, 1994, modifying item#7 to specify wood slats be used on screening fence, and allowing the East and South bufferyards and the required interior landscaping to be installed with Phase 2. COUNCIL ACTION: May 3, 1994; Approved (4-1), First Reading, Ordinance No. 480-120, subject to second Plan Review Summary dated April 19, 1994 to allow placement of the East and South bufferyards and all interior landscaping at the time Phase 2 develops. City of Southlake,Texas STAFF COMMENTS: The Applicant has met all the review comments of the second Plan Review Summary dated 4/19/94 with the exception of those items addressed in the attached third Plan Review Summary dated 5/13/94. KPG/bls C AWPF\MEMO\CASES\94-32.RSP ■irr■ .rr:�r■ . w L i era"Nsot I M car icy■� � am rum ! Z 0 Cu a d>-NO Qo Q Lo rn CV m cc o 1 GOL G0. Cr 0 aC lD t\ cc Q U Q .•+ Q H m cc .gym (n ¢ Zo F-(V w. cc W n cc CD ' ) t n CL N c*) a: uj n v O to U 'V.t ` Q .•. O _ O ''' m a z Q ;i 3 H Cn� _ cc ¢ m O z x H w a - N Q z Cl= w " .. a v e.z � VY,K N oo. zN M W bo = OZ - f. cr W ;' M OV 0• i Q o '_' i9i8i d1 U Z W as:W U. Q Co. V 00T. Lr _ 1�--i o I- o a ( I Z N :J I- � j. H (I]U Z J w LL m p — M =L r F N U f� Ix s W u a m Q cc H M � Z� .+ F N fY K O zo Rj otr NH m :nf c yz Z U U NQ U m U Q [0 m Q U m Q m Q m Q to Oct .+ ID ¢ (3) ¢lc ccO F- N M F- F- N . • T_ w sz•i L t Ott OOz oot - 66f 6T6 OS_I T1088VO _ OA_lf - - — — — — — — — L06 OSI d3�13�1 -�E'6�•- =•btl=�- - - - - - - - - - -I- - - - - - fOt 06t Por G9t G9z Q CS) U Z .� U Q w I a s R � tn R _ ¢ v c1 ¢ m .t 0 .. ~ U Q Q \ H (D n U U J ¢co Li a N a N aAcv, � T o m Ln rn = N U �N ¢ .t cm 78��O Q N �t t= m .... I / PIN ,ea ,ea Qi hJ ' .ar �� ea % , 3 /O 'oe. 04 4� o I O34 � 04 krQ yea h CA •� Cg 3N/7 B07B ,Of �• r W f W sew NM 2' 3,g/,OZ-ZON b a Z 4--- - , � V I m to 7 B-5 Z �oQ►0� ,99 �'— I Or •Jd'lbl-ear *lOA �?II 1N3W3SV3 �S3JJV 8 A l I-liln Jll©nd.0�, LQ ,£Z'9£1 3„1 O,bZ .00s _ _ — o -- 4z __F wx ,Zt ,O'BL ru ,O.OZ KO J 1 Za I ; ua w O w w a 4- u z 0 Wa O•BI v LL ' Q � W I J v a H _ w a J � 3 0 c W o a z 0 � M U o w o z O v ( J tc) V z OD o _ j �. o o CM / U ' j m to N z Z' _ T ) � � N �cr A : O m 0 W 6 ~ Y O W J Z J u w 0 W a' > a z N a 0 w O O Q)w cr a 11 w I u z_ � a1 `f tr 5 o u a u ac z 0 f- v x - oi a 1 C!] " a I ' z a 10,09 ,O'OZ 3NIl 9NIQllnl3,O'Ofl a axC, 3dVJSONVl ZaF I U0 Cr(L a - F-cr 5: l CO Ito tO 7h ,L6'BLO E5EdV ON O- N 0) 3132iJNOJ N N O- O � Z OD OSz ,os f� O ' " QO to Q) 0 ('M'O'a,O.9S) GU: J V 3AI80 a �Q � OON1N3389 City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 94-32, 33 REVIEW NO: THREE DATE OF REVIEW: 05/13/94 PROJECT NAME: Site Plan for S-P-1 Rezonin and S cific Use Permit Request OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Clarence R. Kidd/Curtis Kidwell Peebles & Associates 2113 Greenbriar Drive, Suite D 530 Bedford Rd., Suite 216 Southlake, Texas 76092 Bedford, Texas 76022 PHONE: PHONE: (817) 268-3316 FAX: FAX: (817) 282-3603 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 05/09/94 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. I. Show any proposed exterior lighting. 2. Move the perimeter fencing on the East and South to the property lines to insure ease of maintenance of the required bufferyards. 3. All proposed grades should meet natural ground at the south property line. Staff recommends raising the finish floor elevation 0.2' to insure drainage from the East doesn't enter the building. On the following two comments, the applicant has shown the required tables on the plan and has indicated that the placement of these plantings would be during Phase 2 of the development. During the first reading of the ordinance, the City Council approved the applicant's request to delay placement of the bufferyards and the interior landscaping and any required irrigation system until Phase 2. Staff can support the applicant's request. 4. Provide the following table showing required bufferyard planting calculations: REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North/West (street) None None - - - East-136 5'-A 5'-A 1 3 11 South-250' 5'-A 5'-A 3 5 20 5. Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit. REOUERED INTERIOR LANDSCAPE Phase One: Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 67 s.f. 0 0 1 7 s.f. 7p1�� City of Southlake,Texas Phase Two: Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 1.680 s.f. 3 6 28 168 s.f. * 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 and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: Peebles & Associates Clarence Kidd & Curtis Kidwell Pat Betik, Metrocel Cellular, 17300 N. Dallas Parkway, Suite 1000, Dallas 75248 c:\wpt\rev\94-32.sp 1 70^Y e , ° a lip Tn � a8 E 2 4� I 1* ,p . tt lruA [\ Z i{ gg HIM, n t 5 . 14-a — -'—_ .csvci __a.oL4L.00 v-- — or 4 •ecvoi a,o4ft.00 4 — —p n��d tr r 8 6 ' I •� I I n I � a wn—qr� WVWAQ CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-120 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 0.757 ACRE TRACT OF LAND SITUATED IN THE THOMAS J. THOMPSON SURVEY, ABSTRACT NO. 1502 AND BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK B, NORTH DAVIS 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. , e 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 "I-1" 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 of such lights on established character of the neighborhood; location, lighting and types of signs CAORMZONING\480.120 f 8-1O 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 0.757 acre tract of land situated in the Thomas J. Thompson Survey, Abstract No. 1502 and being legally described as Lot 1R, Block B, North Davis Business Park, to allow antenna station and "I-1" uses with outside storage as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "A." CAORMZONING\480.120 -/S A Page 2 From "I-1" Light Industrial to "S-P-1" Detailed Site Plan District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration 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. 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 CAORMZONINGW80.120 Q Page 3 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.120 Page 4 `1�� EXHIBIT "A" o a fir Bpi V) o , _ N n ♦ n � �g� V rawis �'��I t — .a •vt zi Ir � 8t961 3,01,4L.00 6 �l5lt wsa wiun w r ssxrr,q ar ✓@ I �i' I $ t- Y I Sad` 3 �� g .ccacj a.0M C.00 s � a I I L- Rjn r33Y � nh f5 9 fa e �� I � i� i II 0•. It � x �� 4� 4� � / KEf a :.� raa W"C `1g_14 City of Southlake,Texas MEMORANDUM May 6, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-34 Rezoning Request/Ordinance No. 480-121 REQUESTED ACTION: Rezoning request for a 6.075 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tracts 3C and 3D. LOCATION: Northeast comer of Shady Oaks Drive and East Southlake Blvd. OWNERS: Marion G. Truelove, James Dudley Truelove, Mary Louise Truelove and Thomas Edward Truelove, Sr. APPLICANT: The Stratford Group, Dave Denison, Agent CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "C-2" Local Retail Commercial LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Received one written response: * M.C. Kennedy, 8281 Mary Beth, Westchester, Ohio, in favor, she "believes this zoning change will benefit us and the neighborhood." P & Z ACTION: April 25, 1994; Approved (4-1). COUNCIL ACTION: May 3, 1994; Approved (5-0) First Reading, Ordinance qq No. 480-121. KPG/bls C AWPF\MEMO\CASES1%-34.RR 7C—j RID WIN s NOR" on ROOM �� i� ��i�►� 1��t �� 1 it I© �. In �. swim ��//��■ L al P 2 � •I - �� \III\ ti AAA PAN AIR M Elm 1� ■ilI�! �. mL) F • I m: m Cc Cc >E ` m a .JJ m U s �: � ` N ( \ ►¢ n- rn „ 0 W Kft ti N ~�. K. „ U . U< W �. W m m J i 0 Q F- me ta Qp N 0.„ s N 0 OI }Y i J m cq < f N~ W {w' ^ cc _ ui N ZIN C7 - �' o ¢ H O U ui 1114, H v J _I- Z I Y = O W M y ? N V Q w y cr n U {- U < m W < - S �^ m a: in , co —JACKKS ON, V i .. ^ 0„ Q •.. �y 4 O eb we / Z f J :6 N Z F" C'G "• Shy OAKS DRIVE Pj N OH Y.W r A N N R N _ ^ m < m < K W <0: 4, N N N IL �. " N m 0 Y <„� t- .., 0 cc � J a o~ •SPRINGS co co M ta o<cr x m m Ln CC cocc m K X�A _ •• . m < W GLEN Gj K � t• m N o c �JWW� cc i O N Kt 3 OI !"I n � O � Kr ^ T 0 - \ m to x \) u a / m 'n _ CITY OF SOU , ORDINANCE NO. 480-121 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 6.0754 ACRE TRACT OF LAND SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 6869 AND BEING A PORTION OF TRACTS 3C AND 3D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "C-2" LOCAL RETAIL COMMERCIAL, 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. e Texas is a home rule its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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:\0RD\Z0NING\480.121 Page 1 7 .4 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: Being a 6.0754 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tracts 3C and 31) and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. C A0PLD\ZONING\480.121 Page 2 u, From "AG" Agricultural to "C-2" Local Retail Commercial. 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. 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 CAORMZONING\480.121 Page 3 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONING\480.121 Page 4 G - EXHIBIT "A" Being a tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, and being out of the Littleberry G. Hall Survey, Abstract 686, and being part of that tract of land conveyed to J.P. Truelove by deed recorded in Volume 9745, Page 421, Deed Records of Tarrant County, Texas, and being more particularly described as follows: Commencing at a 5/8 inch iron rod set at the Northeast corner of a tract of land conveyed to the State of Texas by deed recorded in Volume 9745, Page 421, Deed Records of Tarrant County, Texas; said point being in the north line of F.M. 1709, said point also being the beginning of a curve to the right whose chord bears S86053116"W; THENCE Westerly along the north line of said F.M. 1709 and along said curve to the right having a central angle of 205611811, a radius of 5659.58 feet and an arc length of ..100.1 to the POINT OF BEGINNING; THENCE continuing along said curve to the right an arc length of 190.14 feet to the end of said curve; THENCE N8805714411W continuing along the north line of said F.M. 1709, a distance of 968.02 feet to a point for corner, said point being in the centerline of County Road Number 3123; THENCE N0504310411W along the centerline of said County Road Number 3123 a distance of 236.43 feet to a point for corner, said point also being 235 feet perpendicular distance from the north line of said F.M. 1709; THENCE S8805714411E 1161.96 feet to a point for corner; THENCE S0103313111E approximately 223.1 feet to the POINT OF BEGINNING and containing 6.0754 acres of land more or less,including a proposed street right of way and drainage easement or 5.48 net acres of land more or less. CAORMZONING\480.121 Page 5 `l G - City of Southlake,Texas MEMORANDUM May 6, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-35 Rezoning Request/Ordinance No. 480-122 REQUESTED ACTION: Rezoning request for a 5.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Tract 3. LOCATION: South side of Bob Jones Road across from Indian Creek Addition. OWNERS: Leo C. and Susan Young APPLICANT: Dawne A. Moore CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family-lA Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: Received two written responses: * Harold Knight, V.P. of Indian Creek Properties, in favor. * Pete & Julie Landesberg, 2403 Holly Ct., in favor. P & Z ACTION: April 25, 1994; Approved (5-0). COUNCIL ACTION: May 3, 1994; Approved (5-0) First Reading, Ordinance No. 480-122. STAFF COMMENTS: Owner is proposing to build one single-family residence on the property. KPG/bls CAV1PF\MEM0\CASES\%-35.RR 7 i0- 1 t I ' '............ H. H&RRIS I.Q. MELCHER ARMY A-" VAWWY 72 Ad I H 3t Pt1IlLl6I USA A. no Wsom Jun"" LWO --—7 • 7 { {A 3 3 1 ' / � 1 / 1 J. IA73 ' 1 I 1 4-rNo _ jao_ REIS D. P I - r. 1t 3 r, 7 a 3 s i ARKY M 1 wra Aso rant �3 t0 1 3 tt it 13 13 N 13 " I , �• �� ' I 7 11 t ARKI' low (,� gypp It 17 I M`� I�A F t A 11 I ` —T - t REIS •�_- 3 ------IA _----- ' A-POW 1 J I '°" lit DLI6 ----- t, t 1 W. HILLS um !„ 1 alAtK1• A-IM •;; TRACT MAP u3A 4 1 4 1 DENTON 1A W. HILLSTARRANT - - - - - - - COL 2 W. EDLIW DANID DOUTHI •3A7 "Wr A-1M c%�•,\ 3 U ~ m a u 7 N � O O U O < m z x 0 O yyF A '4 �MM <N = zz�� 1.i. a�<<< W Q � a �axxx �m _ Z C7 N v � Z , �d; 3 vao-ev O7 p O1 FFFFF sssss O z � O < W aw„ � CU N >6O m �m f < mo cu Ob CU V� .. o � ¢ cc < p =C� CO ( F I.-- N W f <d"y CY p F V Z cm O n N w O m Cj y I n m m N U` �aJ m < 14 � < .• N m < Q w n Y W „ KW I (VD ci w N < O .y < 'ty _ to 7.•• < CL A y A V U '¢ Z a I y b F¢- < N N N N N N v h v a a N O �+ N m a {n tD Q O 80 ISBN _ LOU m a¢< m o w m n t-n m N n U i m Q w m to 10 I m N m O In 10 Ni �< ro m 08 NVOI'13, m ¢m h¢cN m m G w m nm cn < n< Im ¢ N N H 11 m cn M 1 nN � N Y m N :: �97 IVESTjI Is 565.25� '"'' '•'�• co pall found for the northeast 1 corner of 58,078 acre tract I1/?" Iron rcd Ind. 1 (Volume 312, Page 422) t t W. E. Tucker IVolume 659, Page 484 Scale 1"=i 00' 1}Z FQLO NOTES �t 1 Doing a tract of IOna eltuatod In the AL Alohoffey Survey, Abstract (rt No. 016. In Doton County, Texas, and Doing a portion of a called 56.078 core treat of land described at the Wst tract in a Dead to 'A► £omest pax dated January JO, 1945, recorded In Volume J12, Page CN 1 i 422, of the Dead Records of Denton County reads, (OROCT), and being Mors portiouldily described by metre and bound# de Wows; .�•I Z I'•, BagFwthg at a n00 found in Bob Janos Road, sold point being the NO/thsaat eomsr of Sold 56.075 aart treat said point also being the Nafhwest corer of a coifed 1150 one tract of land described in a dead from Rosa Cfoy to WE Tucker, recorded to Volume 859, ° 1 tun Cq 1 Pogo 484. OROCT. t• 1 N nt 1 Thenas South 00 doll. 12 min. 30 sec East, along the Wool line of <1x 5.00 Acres tb add Tucker tract, a dktonce of 006.34 feet to 0 5/6 lnah Iran red 27 7 6�6 5 ft. eq found for owner. sold paint being Me Southwest comer of a WE Q ) Tdaker treat recorded N Vohrme/21,Pago 644. DRDCT. said point I 1 die being In the North fine of Went Beoch Addition, (Deed Calf: South 00 dell. 33 min. 018 sec.East, a distance of 996.341 feet); r PO 'Q1 Thsnas'South'B9 dog. 21 min. 59 see. West• along the North the of p a ( 4 ( I acid NYdt Aaach AddWo& a dlstmee of 218.0a feet to 0 point!a t7 nF tin R comer, ROM ahkh a 5/6 kWh Iron rod found*safe N tl deg. 14 c 1 �? •( min. Jo am Well, a dstance of OWfoot, saw POW wise Doing Me Southeast comer of a treat of land deawlbod Jn o dead N Btanay f4 Addr and wile, Mena K. Adak.recanted N Vdumw 1234 1 Page A DROCT,([Good Calk South 89 dog. 22 min. 02 am WW4 tOp^• a distance of 2f6.i3e feet k N° _ 00 A { 1 saw Ad*W 4 P0041Wg a �iron rod foundalong the Wool$a*of at disteneo of a (s7f. 981.04 fast.contbweng an in 0a a total distance of 9o&7S fNt ° V to d PJ4 Not farad for comer in said Sob Jones Rood, said Paint aw North 00 dthe eg. 33 kW.Northeast Ld sec Weas�distance col 9OCaisi feet.4 null t 1 •Tlteaaa BAST, along said Bob Jones Road, a distance of 210.J5 feet 1 ' to the Paint s/Beginning, and eantslnlng 5.00 aids of land,more or Ion; SOW and Except any and all Portion thereof contained within any PYDIk or p11w1a roadway. 1 1 W. E. Tucker 1 ! Volume 621, Page 644 1 . (S.89 22'02"W. — 1 5/8" iron rod Md. bears 218.336 Deed) H.11`1_4'3_9•W. 0.63 S-89_2 59 W 218.00 8~ Iron rod Ind. Note: This lot is not in the .100. year flood hazard zone, Zone A, according to the HUD Flood Insurance Rate Map Community Panel No. 480774 0255 8, dated 514187. This lot is in Zone C; lacal droin0 a was not investigated. Fa-hh"g.riagos Ovillined, hereby certify that.the survq mop hereon.'ond• Viesesame dssalption• dopkis and descrPoes tin•results of or accurate surveyy,mode an the ground, and-to the best pp Ofnow-edge and*MIsf. Ie a true and correct depiction and . OF, e on -if the proportY ourwysd.'-and that there we fro `. gyat T'M1d•..�• t ancroachmmU or pmtruslons.otgaes boundwy'gn•s, �'��'• s of area or boundary, exespt as shown hanbn, 'The only ts'ha undwaigned has knd•lodge, ore (hoes as%hown, ,•,••••,••,••••,this property Is eukpet to any and at eaNments, �B W�� C. �� laserw/tae end+ resvkllono that may be of record. Any ,�•,•,•••,•••, ••� referene#tt the 100 year dead ploie or flood hosard sono,.is in '♦ 4ffi " eatimatt bcaad on the data stated her*". and should not be Intorpretod �•,� �• ao a study Of 400MI motion 91 the.Needing propan4ilke of this property. , .� Ps o t Metal 7114 strrwy was podwmed In connection with the transeation �O•.�A t' dosarb#d in: Or No. 1404740-17. for Lawyere ArnwWA Titio Company. Richard C. Maki - "• �eI 1 A � .1»�1�.� 1W i '. Reglsterdd Professional P.O. 80X E399 -FORT WORTH. TEXAS 76112 Land Surveyor No. 4687 Legend: 0 Iron Rod.Found —x-x-Wood or. Wire F@gce Dote; 4/4/94 Iron Rod.Set 0 Control Monument �A�Af iron rods are 1 2' rebar unless othertifloo n t d. Job No. 10432—Z22 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-122 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 5.00 ACRE TRACT OF LAND SITUATED IN THE M. MAHAFFEY SURVEY, ABSTRACT NO. 916, TRACT 3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG". AGRICULTURAL TO "SF-IA" SINGLE FAMILY-1A RESIDENTIAL, 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 o r its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 CAORMZONINGW80.122 Page 1 7 v 5 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: Being a 5.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Tract 3 and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. CAORMZONING\480.122 Page 2 From "AG" Agricultural to "SF-IA" Single Family-lA Residential. 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 defmitions 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. Section 9. The City Secretary of the City of Southlake is hereby directed to publish (law the proposed ordinance or its caption and penalty together with a notice setting out the time and CAORDIZONINGW80.122 D n Page 3 ` 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 for°eiture 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\0RD\Z0NWG\480.122 Page 4 _(J EXHIBIT "A" J 1 All that certain tract or parcel of land being a part of 58-078 acre tract situated in the M_ Mahaffey Survey , Abstract 916 , Denton County , Texas ; the 58 . 078 acre tract being a part of the first tract described in Deed to Earnest Clay , dated January 30 , 1945 and recorded in Volume 312 , page 422, Deed Records , Denton County , Texas and more specifically described by metes and bounds as follows : Beginning at the northeast corner of the 58 .078 acre tract at an iron pin found in Bob Jones Road at the Northwest corner of a tract called 3. 159 acres described is Deed from Rosa Clay to W. E . Tucker and re- corded iu Volume 659 , page 484, Deed Records , Denton County, Texas . Thence: South 0 degrees , 33 minutes 02 . 8 seconds East 996 . 341 feet to an iron pin found a fenced corner for the Southwest corner of said 3.159 acre tract . Thence: South 89 degrees , 22 minutes , 02 seconds West 218. 336 Feet to a point for corner. Thence: North 0 degrees , 33 minutes , 02.8 seconds West 998. 752 feet to a point for corner in Bob Jones Road. Thence : East along Bob Jones Road 218.346 Feet to the place of beginning, and containing therein 5.000 acres of land more or less . CAORMZONI GW80.122 Page 5 City of Southlake,Texas CITY MANAGER MEMORANDUM ,3"9 May 13, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 604, Amending Water Rates At the April 19, 1994 City Council meeting, fiscal planning consultant Lewis McLain presented a five-year utility financial plan. The plan incorporates capital improvements and operational costs, and projects revenues based upon growth assumptions. The plan proposes a 4.13% overall reduction in the water volume rate. Based upon current volumes, this will translate into a revenue reduction of approximately $139,000 for the year, which will not negatively impact current operations. No adjustments are proposed for the wastewater or garbage rates. The City's current and proposed residential water rates are listed below: Current Rates Proposed Rates Standard rate: (0 - 2,000 gallons) $26.16 $26.16 Volume rate: (2,001 - 100,000 gallons) $3.14 per 1,000 $3.00 per 1,000 (100,001 + gallons) $3.92 per 1,000 $3.00 per 1,000 Commercial account standard rates will remain the same, with volume rates reduced from $3.14 to $3.00 per 1,000 gallons for all consumption over the meter size minimum consumption. The Elderly/Hardship standard rate remains at$11.38 for 2,000 gallons, with the volume rate for consumption over 2,000 gallons remaining at $2.73 per 1,000 up to 100,000 gallons. The City Council at its May 3 meeting proposed modifying the Elderly/Hardship volume rate for consumption over 100,000 gallons to $3.00 per thousand, instead of$2.73 as originally proposed. This would make.it consistent with other user rate categories. It is recommended that the City Council approve Ordinance No. 604, amending the water utility rates, which will become effective for the June 1994 billing. LAH I ORDINANCE NO. 604 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING THE RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE; ESTABLISHING A LATE CHARGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. , the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake heretofore adopted Ordinance No. 520, as amended by Ordinance No. 520-A, establishing rates for water service and sanitary sewer service within and outside the city limits of Southlake; and WHEREAS, the cost of providing water services in the City of Southlake has decreased since the adoption of these rates. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the following rate schedule is hereby adopted for water rates for residential and commercial subscribers to the Southlake Municipal Water System: RESIDENTIAL SUBSCRIBERS: I. Subscribers living within the corporate limits of the City of Southlake: A. Standard Rate: 1st 2,000 gallons used 26.16 Each 1,000 gallons or any portion 3.00 thereof in excess of 2,000 gallons used up to 100,000 gallons (awl f:\files\muni\slake\ordinanc\watersew.002(05-12-94) l Usage in excess of 100,000 gallons 3.00 B. Elderly/Hardship Rate: 1st 2,000 gallons used 11.38 Each 1,000 gallons or any portion 2.73 thereof in excess of 2,000 gallons used up to 100,000 gallons Usage in excess of 100,000 gallons 3.00 II. Subscribers living outside of the corporate city limits of the City of Southlake, Texas, but within the service area of the Southlake Municipal Water System: 1st 2,000 gallons used 34.01 Each 1,000 gallons or any portion 3.00 thereof in excess of 2,000 gallons used up to 100,000 gallons . Usage in excess of 100,000 gallons 3.00 COMMERCIAL RATE: I. Standard Rate for all Commercial Subscribers: A. Minimum Rate regardless of usage based upon meter size. 1" for 1st 3,000 gallons used 41.20 1-1/2" for 1st 5,000 gallons used 68.02 2" for 1st 7,000 gallons used 94.84 3" for 1st 10,000 gallons used 136.05 4" for 1st 12,000 gallons used 162.87 6" for 1st 15,000 gallons used 204.07 8" for 1st 18,000 gallons used 245.28 f.\files\muni\slake\ordinanc\watersew.002(05-12-94) 7E-3 B. All usage in excess of amount set forth for minimum rate shall be charged at the rate of 3.00 per 1,000 gallons, or any portion thereof, used. SECTION 2 A. The following rate schedule is hereby adopted for sewer service for residential and commercial subscribers to the Southlake Municipal Water System, whether within or outside the city limits of the City of Southlake: First 2,000 gallons of water used $9.50 Each 1,000 gallons or any portion thereof in excess of 2,000 gallons $1.92 B. For premises which are not subscribers to the Southlake Municipal Water System, but which utilize sewer service from the City of Southlake, the rate for sewer service shall be established by the Director of Public Works as a monthly rate based upon a determination of an average monthly usage by similar premises which are subscribers to the Southlake Municipal Water System. C. The maximum monthly sewer bill for a residential customer shall be $24.86. SECTION 3 A five percent (5%) late charge will be applied to all accounts that remain unpaid twenty (20) days after the billing date. The purpose of this charge is to cover the excess billing, accounting, collection and other administrative costs of the City which result from the failure of customers to make timely payments. SECTION 4 The rates established in this ordinance shall be effective with the June, 1994 billing cycle. SECTION 5 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 f:\files\muni\slake\ordinanc\watersew.002(05-12-94) the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance Nos. 520 and 520-A are hereby repealed P Y effective with the June, 1994 billing cycle. SECTION 6 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 7 This ordinance shall be in full force and effect upon passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY (4w, f:\files\muni\slake\ordinanc\watersew.002(05-12-94) PASSED AND APPROVED ON SECOND READING ON THIS -,DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: (W City Attorney Date: ADOPTED: EFFECTIVE: (ww, f.\files\muni\slake\ordinanc\watersew.002(05-12-94) ` City of Southlake,Texas MEMORANDUM April 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-115 Rezoning/Hallwood Addition/Ordinance No. 480-109 REQUESTED ACTION: Rezoning request for a 26.711 acres situated in the R.D. Price Survey, Abstract No. 1207, being Tract 2C and a portion of Tract 5. LOCATION: West of the Harbor Oaks subdivision, west of Burney Lane. OWNER: Betty Foreman and Peggy Denton APPLICANT: VLMC, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-IA" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twenty-two (22) RESPONSES: Two (2) written responses received in favor within the 200' notification area. (see attached) Twelve (12) responses received in opposition within the 200' notification area. All other written responses received in opposition outside the 200' notification area. (see attached) Note that there are some duplications between individual responses and the signed petition. P & Z ACTION: January 6, 1994; Approved applicant's request to table and to continue the public hearing until the January 20, 1994 P & Z meeting. January 20, 1994; Approved (5-1). COUNCIL ACTION: February 1, 1994; Approved (7-0) applicant's request to table and continue the Public Hearing until the February 15, 1994 Council meeting. City of Southlake,Texas February 15, 1994; Approved (6-0) applicant's request to table and to continue the public hearing until April 19, 1994. April 19, 1994; Approved applicant's request to table and continue PP (5-0) PPlicants the Public Hearing until the May 17, 1994 Council meeting. KPG/bls C:\WPF\MEMO\CASES\CC93-115. t The following form may be filled out and mailed to the Cit Y oftt�Southlake Planning and Zoning Commission, 667 North Carr rt.!n.n Southlake, Texas 76092 . . ' REFERENCE NO. : ZA 9 3-11 S 1 +� o E C' 2 9 1993 I am (in favor of) (opposed to) (undecided about) t'H `requ for the foll wing easo SIGNATURE: ANA ADDRESS: (O 4,4 • C:\CD\PZ\ZA93-115.OWN rot D E4L) �� - Cho Q-u- • U.V 'The following form may be filled out and mailed to Southlake Planning and Zoning Commission, 667 North CaY l,�i��e; Iouthlake, Texas 76092 . U REFERENCE NO. : ZA 93-115 oEc .`z 91993 I am (in favor of) (opposed to (undecided abo e request r th follow' g reasons : -5 / Q y �x SIGNATURE: Q�ADDRESS: C:\CD\PZ\ZA93-115.OWN rJ1i..c, Ae e-C G>� t 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 93-115 ' �Wam (in favor of) (opposed to and for the followingreaso S (undecided about) , the request - `�Ii2V �s (W1�-i rr (,�� l�oV �3F .z.oiYEo kEs�nlTiA� �SS NAOrQ.yA r, 1z174 AV/9114 Lb- (bil"V S � a t l [/JGeN5/S i F W�Tla HARI�n(L d�l�s �-OiO�Tion1 — 11"104G LoT IS _a.t Ar-Ar t/v HA-RAOK CA-KS MpsT Coo 5 IN ThiC3 P2oP056h 15 D) /RF- _Li8f3�LY UNF AcAfs tyro Ea /ar.-MiAly /�CGfSS 10 !Pw, �koPFRO')/ SIGNATURE: 0 ADDRESS: Z f?Qpnrl n C:\CD\PZ\ZA93-11S.0WN [K�3L-13'u AN 121994 e following form may be filled out and mailed to the City of outhlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93_.11-5- I am (in favor o (opposed to) (undecided about) the request �r the following reas?n WLPWjV'kLLV' &,a q0 Q � Q�C, (�V w . SIGNATURE: �P L ` If -wJ ADDRESS: C:\CD\PZ\ZA93-11S.OWN �- soucaiaxe Y1.dLLL11.LL9 aLLU Z U1L-LLll,. %-u1t1tu155.L0L iuguCn.:uarrq � Avenue, Southlake, Texas 76092 . n t „ REFERENCE NO. : ZA 93-115 U oEC `z 9 1993 I am in favor of) josed t (un e3 bouU t) he request fo t e :following reaso -► SI ATURE: AA ADDRESS: , � 1 C:\CD\PZ\ZA93-11S.OWN ( , ` The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North CarrA1"A 6rh1e "`°:P, Southlake, Texas 76092 . '� REFERENCE NO. : ZA 93-115 DEC z 1993 i I am (in favor of) (opposed to) (undecided abou for the following reason —:- SIGNATURE: ADDRESS: /1 1 d MX4,1tVi u 7C8�Z C:\CD\PZjZA93-115.0WN _ c Tne rollowing form may be filled out and mailed to the City Southlake Planning and Zoning Commission, 667 NortarrtS3, An Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 U oEC ..z 9 1993 I am (in favor of) ( ose t (undecided a for the following reasons : quest 44 // l E c iJ t/ s- t�T o 4 ri1 S �!7 'Halve ♦/1 7�0 r/i/J fi q�b /R/O�a /• 4 rtt T`j /OPC�St� _ �iano►.s_ ands b.a� Oon�s � rigr.d� o l� hoaSts K/ea/� ra,� roc ♦s�/oi i .. ,,er porr o/, Val 1110 of rh Cinrir 16e, SIGNATURE: ADDRESS: 2 q-Z s o k r /,r C:\CD\PZ\ZA93-11S.OWN - $�5 Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 93-115 1 am (in favor of) K oppo d t .(.Undecided about) th requ for the following reaso h n I criolso. IGNATURE: ADDRESS: C \PZ\ZA93-115.041N no t f 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 93-115 -- --..I •: iQm (;in:favor of) the request :for the asons SIGNATURE: ,� r a�S DDRESS: l/1 �'l'V d�� - r�'(� .�f. � \CD\PZ\ZA93-115.OWN The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, South-lake, Texas ?6092 . REFERENCE NO. : ZA 93-115 I am (in favor o (opposed to) (undecided about) the request for t owing reasons : S IGNATUR.E: ADDRESS: `1 _- 7 ILA d c:\Cn\PZ\ZA93-115.01AN -----� �• ��i�ayV1L, bb i North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 93-115 I am (in favor of) _ (opposed to (undecided about) the request for the fol-lowi-ng-reason . -5•�/i—r¢�—ion✓ u�� o,� �� Ga,� Sc�rsr S SIGNATURE: rjC ADDRESS: DEC 29 1993 C:\CD\PZ\ZA93-115.OWN 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 93-115 I am (in favor of) (opposed to) ,(undecided about) the request for the followin rear ns: , 011 LGL aw- Of - 1 Lz;Q� SIGNATURE: P/ ADDRESS : -1aA Al C:\CD\PZ\ZA93-115.OWN n 1 The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . M REFERENCE NO. : ZA 9 3-115 a N 0 3 199 : I am (in favor of) (opposed to) (undecided ab �h,,�,e. rrqhUZUU for the following rea�er.�s�_� F 21 QJ 110RCIAS&'�p % 6"Affio� 'Ajudaz1aw, " SIGNATURE: �; _ (. "A71 ADDRESS : fA 'O Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. -0r7(� l717 REFERENCE NO. : ZA 93-115 0 DEC. 2 9 1993 I am (in favor of) (opposed toy ..(undecided ab ->�e,;We for the following reaso ' 'i_.7i VON SIGNATURE: r ADDRESS: C:\CD\PZ\ZA93-115.OWN 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 93-115 D ' I am (in favor of) (opposed to) (undecide otT •the for the following reasons: s� - �:-obl.�v:n S �.... �rYv�t � ♦ �.� �„ G.er /e Ctif o,.,� aL� .tM �`�- ¢rq..�j . SIGNATURE : �h�^5 �; �, . � ��r ,� V lA ` ADDRESS: Zo' 5 C:\CD\PZ\ZA93-11S.0WN V V 1 11LJ ltla/ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — The following form may be filled out and mailed to tl,e-j City of. .1 ' )_ Southlake Planning and Zoning Commission, 667 North Ca ' 1Avenue,Southlake, Texas 76092 . 111 REFERENCE NO. : ZA 93-115 U L`l��i� U I am (in favor of) (opposed t ) (undecided about) the request for the following reasons: a.le Z a.c �- otidC (/11d1t ae•ate dt� �,,., ,�,ra�f- S F- E . d'- -Xo 14-tT ' f SIGNATURE: All ADDRESS : Low_ "-1 --- vua. a.,.A Utdlit,u co Cne C3-ty of -Southlake Planning and Zoning Commission, 667 North Carrol� enue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 DEC 9 1993 { I. am (in favor of) (opposed to) (undecided abou s.. for the following rea SIGNATURE: ADDRESS: The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North C Southlake, Texas 76092 . r i REFERENCE NO. : ZA 93-115 D DEC.2 91993 I am (in favor of) o osed to (undecided abo for the following reasons : t I CAS ase ro+ l ac 'P ov Q - � Pauh SIGNATURE: ADDRESS: KYQLA- { C:\CD\pZ\ZA93-115.OWN 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 93-115 I am (in favor of) ((Opposed to (undecided about) the request s for the following reao _ r sV_1,-,t Me I-- iS 1� - ccr ,/al w�,•s -f' IGNATUR d Ke h �� o b e t-p ��-V C12 ADDRESS: C:\CD\pZ\ZA93-115.0KN � .. ' Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . O REFERENCE NO. : ZA 93-115 DEC �`� I am (in .favor of) ( pposed t (undecided abo for the following -reaLSOL a z,0� -6� /A/ SIGN TURE: 44" ADDRESS: C:\CD\PZ\ZA93-115.OWN X The following form may be filled out and mailed to J - 30 94 Southlake Planning and- Zoning Commission, 667 North Ca 1. 1, Southlake, Texas 76092. 11 ITL3 L J 0 REFERENCE NO. : ZA 93-115 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: —Serv%Le6 Cwc q� S c1e�F,rics��-MQ-�`cG `�1 m��t� ctac eSS 'rtYe-�ne,� Irtn1. o-re o-lreo�d a t' �vQk.ta-45 yIa. �rtic� Y C°`'P°�c'`��l S'v'7o �nca'ea,s� ��-, ho�sin�j devtSi-f�uS�%��Jame.NoT SAFE -I- N T N reVLirecQ y-e.4�to✓oj o�►+�any-Frees wit( o-Lfee 4-opoatro` k`l t o� -new reside. J 'fit e ci re c` _l owe o-" -��'b�_f f c� o n &&rn e4o La4i a }� S�2S AP.� -10 C��d✓C+'l `1 C-e"�Sf+'c�c�-cur� Y�LQS J SIGNATURE: ADDRESS : 29po 3u FZNC-`! LLjN iE C:\CD\PZ\ZA93-115.OWN The following form may be filled out and ma' Southlake Planning and Zoning Commission, 667 a�rro .Av f Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 1 . �E-L I am €aver--0fa (opposed to) the request for e following easons: Lu� SIGNATURE: ADDRESS : The following form may be filled, out and mailed to the City of ,outhlake Planning and Zoning Commission; -667 North Carroll Avenue, )uthlake, Texas 76092 . REFERENCE NO. : ZA 93=115 I am (in favor of) o osed (undecided about) the request for the following reasons: + q�s4- re 0.r e :: c,r otrer )S S , � 44t �,,�tkl a r �f r - owes nc.g�6or j eR .. � 4� c w c� wo01� � v c SIGNATURE: ` ;i ADDRESS: �' n n� CACD\PZ\ZA93-115.0WN DEC. 29 1993 i 11 i i; ti i..,TITT L-t- uthlake following form may be filled out and mailed to the City of Planning arrd Zoning Commission, 667 North C v Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 O J AN 0 41994 I am (in favor of) ](opposed to) . (undecided abo Te .. t . for the following reason . SIGNATURE: ADDRESS: 1070 C:\CD\PZ\ZA93-115.OWN "it. Lu1..Luwi.aiy LuLul may De Llllea ouc ana mallea to the city of Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . =�- REFERENCE NO. : ZA 93-115 JAN 0 4 M4 � ' I am (in favor of) o osed to (undecided abou t for the following reasons : " 0 t-A[rCt//io.++c �- r/ik e/ eaa,, ,, ce rfr►roleh GrL AJ. Qfe-e4 ub/L /Pv�/.�'1 SaFi-ai:vWe- xi<h�va a A f,esZP /C.-, oj a erL E16[o4S ,e e- n ca zly /Hr/YI674 IOU/ SA ( DD he g rr.WomJL 6";:. a,.-rd d.#A. �uev/afiov pt�ic so.//a �fl.�a�ek w:!/eausc.U ;vriyL .:v/o{�� 4k S I NATURE: .O_ . ✓. C-,../nc a-g:e//eG.. /ji �r�N cr ADDRESS: "j7S_45;- "i-,Oo r C:\CD\PZ\ZA93-115.OWN cle-,s'r'r,.� W.'/!Caaf L m4,vy v4-e z6 cfo be c'erh�y eo(. ZaN„0 J J y c�GN�� w.��l he a/e�-,�+�•.�rl !�. �ic�ro� �a/ate ,� /�•�hor- /O�aC s a's /dticho r (��s /s �N c o��c. [.i�v.aw G a.vd Tilu e� Q'/rows hors c S' 0 Ae.V C. 'CO6,-f Y a 6 'acp.4 `:1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, gouthlake, Texas 76092 . i -ERENCE NO. : ZA 3-115 i i I am r:- t_____ ;�_ (opposed to) the request for the following reasons : /`has��- d �. �av- L;�i iar d/�a7�Ps �o w d �i 1-e 0/a.+7�i01410le p�''°�� o�/� �� /5 gore a�rlroorial-cam 7`�r�.•r SF �A �.he 2rr� /O/s woa/d /�lrCrei fP frd7,TiG �`o V j CG-.tCsc 7`� t-rir// vrr✓ wou � A~ dwe , „x • se, SIGNATURE: ADDRESS: C:\CD\PZ\ZA93-115.OWN o� 740 rID -.. $R•13 - 1 i ��ttt��tttt�tttttt�tttttt��ttt�tttttt�t � it'=�= '=I 1i0 _ W1 . 0000111 itTniiinuunn nu uu tnm Build ttv �� 1�■ Ilona Jc va z Ta z&t tR 2H ku .s:ER t.17 AC T - OE TON COUNTY a B""""` J cc 'SF-ta' -sF tA' BURNEY LANE TARRANT ?rtCOUNTY � TR 2a •TA ,r .It 03 AC J.Monm / -SF-tA- \ - 973 2 "AG TR 7" 2D. George 2 TR 6 \_ � TR 2F2 1�RVl J 4G.fi TR 7A I "SF-1A" N \ .836 Q to P.McCallum 21 •; 'SF-tA' - USA 9 1 T.Sa mulw' •.:•- -sFaa- •• i fR 6 \ C M .81 AC \ ' { = ..... HARBORL Wilson 1 AG 'SF 1A' 7 ........... ' .... 6 i.V. S :� •:� f J.Me~ P��E 5 Y. . — ....... 4 sp'12� a.Knutzen — 'SF-tA - a 3 USA- K. and SF`tA 3 L.Reck SF-1 A- .................... 1 / TR 281 TR 2C1M.GavK -SF-1A- 9.8 AC 16.2 AC 2 2 ADJACENT OWNERS & ZONING ... ....... .. C.Packard SR 'SF-tA- r— — :: •::.••::::.•• ••W•eacus•• R.Scott J.Burckhud \ IM.Sfw R.G monwood -SF l A�i 9 "SF-M" \ 'SF-tA''(' 'SF-tA' 'SF-ta' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-1-- 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 ACRE TRACT OF LAND OUT OF THE .AND MORE ........... ............................... FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM ' .......................................... ............................. ............................ .. ........................ TO ............... SUBJECT TO THE SPECIFIC RDINANCE; 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 4 .....X"..""" .......... under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street 4-il 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 approximately a ? acre tract of land out of the rer3 €> t # >` :.. ` ` W. : ::. A and more full and completely described in Exhibit "A," attached hereto and incorporated herein. :.:::..::::..:..:i:;:..5::::::::r.::•:i::::"•:;:::::r:::::.: ..:..:..:.:.y..::::'•:"';::':'x:i::i:.`.::::::::...;::S::SSix'::::ii:':':i::i.'i.":::i::i:%::F::;..::::....::F:;:::;::.'i::;:%': FromEr 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 C/ORD/480.109 Page 2 Y 11-t 9 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. 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. C/ORD/480.109 ��a Page 3 PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: J CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Page 4 EXHIBIT "A" Being a 26.711 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being the tract of land conveyed to Peggy H. Denton, recorded in Volume 10366, Page 2208, County Records, Tarrant County, Texas. Said tract being more particularly described as follows: Beginning at a 5/8" iron with cap set at the southwest corner of Lot 4, Block 1, Harbor Oaks, an addition to the City of Southlake, Texas, as recorded in Volume 388-135, Pages 11 and 12, County Records, Tarrant County, Texas, and also being in the north line of Lot 16, Block A, Quail Creek Estates, an addition to the City of Grapevine, Texas, as recorded in Volume 388- 118, Pages 92 and 93, said County Records. Said 5/8" iron is the most easterly southeast corner of said Price Survey, the most westerly southwest corner of the John Childress Survey, Abstract No. 254, and in the north line of the J. L. Chivers Survey, Abstract No. 348, all in Tarrant County, Texas. Thence S 89 degrees 10 minutes 58 seconds W with the south line of said Denton Tract, departing with the north line of Quail Creek Estates, 620.77 feet to a Corps of Engineers concrete monument with brass plate(all monuments hereinafter are so marked) stamped C231-5, being the most easterly southeast corner of a tract of land conveyed by deed to the United States of America, recorded in Volume 2378, Page 567, said Deed Records; Thence along the easterly line of said United States of America Tract (Grapevine Reservoir), and the westerly line of said Denton Tract the following courses and distances: N 00 degrees 39 minutes 49 seconds W, at 4.05 feet past the north line of Quail Creed Estates and continuing in all 939.77 feet to Mon. No. C231-4; N 89 degrees 22 minutes 01 seconds E, 499.73 feet to Mon. No. C231-3; N 18 degrees 13 minutes 56 seconds W, 673.70 feet to Mon. No. C231-2 (monument broken) on the nc:-th line of said Denton Tract; Thence S 89 degrees 27 minutes 50 seconds W with the north line of said Denton Tract, 129.08 feet to a Corps of Engineers concrete monument with brass plate stamped 233-6; Thence along a line of United States of America (Grapevine Reservoir) the following courses and distances: N 17 degrees 29 minutes 57 seconds W, 879.44 feet to Mon. No. 233-5; S 78 degrees 19 minutes 22 seconds E, 435.29 feet to Mon. No. 233-4; S 87 degrees 11 minutes 17 seconds E, 226.29 feet to Mon. No. 233-3; N 89 degrees 16 minutes 30 seconds E, 54.59 feet; Thence S 00 degrees 43 minutes 30 seconds E with the west line of said Harbor Oaks, the east line of said Denton Tract, and said common survey line 2315.46 feet to the Point of Beginning and containing 26.711 acres of land. C/ORD/480.109 Page 5 W21 City of Southlake, Texas MEMORANDUM April 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA93-117 Rezoning/Hallwood Addition/Ordinance No. 480-118 REQUESTED ACTION: Rezoning request for 2.978 acres situated in the R.D. Price Survey, Abstract No. 1207, being Tracts 7, 7A and a portion of Tract 5 from "SF-lA" Single-Family Residential District and "AG" Agricultural to "SF-30" Single-Family Residential District. AMENDED REQUEST: Rezoning request for approximately 1.18 acres situated in the R.D. Price Survey, Abstract No. 1207, being a portion of Tract 5 from "AG" Agricultural to "SF-lA" Single Family Residential. LOCATION: West of the Harbor Oaks subdivision, west of Burney Lane. OWNER: Betty Foreman APPLICANT: VLMC, Inc. LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: These responses are to the original "SF-30" rezoning request. Two (2) written responses received, in favor within the 200' notification area. (see attached) Two (2) written responses received, in opposition within the 200' notification area. (see attached) Eighteen (18) written responses received, in opposition outside the 200' notification area. (see attached) P & Z ACTION: March 3, 1994; Approved (4-1) to table and continue the public hearing to the April 7, 1994 P & Z meeting. April 7, 1994; Approved (5-0) to amend zoning from "SF-30" Single- Family Residential to "SF-lA" for the southern portion of property, approximately 1.18 Acres, excluding David George property. COUNCIL ACTION: April 19, 1994; Approved (5-0) applicant's request to table and continue 01.E the Public Hearing until the May 17, 1994 Council meeting. KPG/bls C:\WPRMEMO\CASES\93-117.Z i - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 93-117 (in favor of) ) the request f the following reasons: r, F IaATURE: ADDRESS: .50a rur-4► W TX 7�og2 C:\CD\PZ\ZA93-117.OWN OP �� S The following f-orm 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 93-117 I am (�infavoof (opposed to) (undecided about) the request for th 11 reasons : . Oil I LE��i ez SIGNATURE: ADDRESS: I CACD\PZ\ZA93-117.OWN R � ff gF�-3 J (CUT HERE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mail 'Southlake Planning and Zoning Commission, 667 No qn Southlake, Texas 76092 .REFERENCE NO. : ZA 93-117 0 41994 �µ'' • •l7!�.�J -� I am (in favor of) o posed to) (undecided about) the request for the following reasons: SIGNATURE: ADDRESS: - - - - - - - (CUT HERE) The following form may be filled out and mai ed to Southlake Planning and Zoning Commission, 667 N h Carroll A ei*1 Southlake, Texas 76092 . REFERENCE NO. : ZA 23-117 .raid 0-4 1994 I am (in favor of) U-0-1SLjj 4�0-2 0sed to) (undecided about) the request for the following reasons . L s. sub .'�.. y ' Oak u SIGNATURE: .val 60 ADDRESS: An ti V V 5outniaxe eianning ana Loning commission, bb / Nortn Southlake, Texas 76092 . REFERENCE NO. : ZA 93-117 t�.�'1 1994 I am (in favor of) (opposed to) (undecided abcu.>��--the'-r for tae following rem rls- — CLICIff-em. /� .2j" Cwa Ain &-nd, '41d& \ c�&- SIG9� 476k, ADDRESS: 11A17 �� (CUT HERE)- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -? The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . _[ '( ' 7r`a REFERENCE NO. : ZA 93- D 117 �'T!' . 29 1993 I am (in favor of) (o osed to) (undecided ab J. for the following reasons : IV SIGNATURE: ADDRESS: 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 93-117 I am (in favor of) o osed to (undecided about) the request for the following reasons : �^ �e, arc. oopo.s j, �_-¢e-� � LA 9 3-I I-7 o il e r use, o k- S �t a.,,A lAsif 14 w y L yr"AA-f i-,,Dc. A A`y- access u-,,k LlSJ9 l c. I ri our N f-;j oLA0�, We- _Woc1 prop erg Y VaIle SIGNATURE: ADDRESS: (J C:\CD\PZ\ZA93-117.OWN �g.5 n DEC 2 9 1993 JVUl.11l G1AL- L• iQLl1L 1lLy QLLIl CJ VLIl II� VVlalllllJJ 1VLL, V V I L`I VA.I.L♦ L.Q1 Lk-, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-117 I am (in favor of) o o es d to (undecided about) the request for the following real . /27 SIGNA URE: ADDRESS: DE CACD\PZ\ZA93-117.0WN - - - - - - - - - - - - - - - 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 93-117 I am (opposed to) ) the request for the following reasons: . L _ � is �.l.s e,•�� is �?r�s��/� z�rn.o� s.�-/.4 .TJ'`-is//ten► �c.��.s-s�l,�� i7 7`Tv _e-X/ST,n 0 zaw ic= /s /Vt '2 ceor- a.a f &* 76r v Z 091 i�r, /r ix .�i�i�.s u../Zi-/ 7'TRow C l-W le Z SIGNATURE: / v ADDRESS : r�w C ACD\PZ\ZA93-117.OWN DEC: 291991 The following form may be filled out and mailed to the Cit of Southlake Planning and Zoning Commission, 667 North y Southlake, Texas 76092 . ��l�ig�� REFERENCE NO. : ZA 93_117 I ��ti: % 9 1993 I am . (in favor of) (opposed to) Dui '' JJ JJ •", for the following rea (undecided ab Li SIGNATURE: �M( c ADDRESS : V '_3uto,to L`1 v � Southlake Planning and Zoning Commission, 667 North Ca �1 v� Southlake, Texas 76092 . �� REFERENCE NO. : ZA 93-117 DEC 291993 I -am (in favor of) opposed to) (undecided about k 0 --naLLo j-r�a a n 0j fy for the following reason . SIGNATURE: ADDRESS.: XEk"!;Kz vi E NO. : ZA 93-117 I am (in favor of) C(oppo:s:e::d:t ` (undecided about) the request for the following re ons : s`f"Ycc i e al rra _ es e a 1� vya I 7_ieS' SIGNATURE: LADDRESS: C:\CD\PZ\ZA93-117.0WN n !9! 1993 1 cz 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 93-117 I am (in favor of) (opposed toj (undecided about) the request for t, o f 1 wi g yeas n J 'led, SIGNATURE: - ADDRESS : Fn C:\l'D\PZ\ZA93-17.7.OWN ^,�'� n DCC . 2 9 1993 111C LlJ1.11/W1.11y 1_lJlLit llldy uC 1111eU UUL ana maiiea to the (:lty of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . :"t�-- U ii REFERENCE NO. : ZA 93-117 . . DEC 291993 � I am (in favor of) (opposed to) (undecided ab for the following rea SIGNATURE: / . ADDRESS: i/d 7G o y z C:\CD\PZ\ZA93-117.OWN The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North-12ar3roll Southlake, Texas 76092 . REFERENCE NO. : ZA 93-117 ^- 2y 1993 I am (in favor of) opposed to (undecide for the following reas �/ q,� � .Wd yc z i/t' T4itf �If.dir. T� hi nt h"Lff ra .ff T/,z �c�sr� CS/�£t� oust Srrr�;�y r/,aT UtT/ac us TB rhrs aIra, - r vro,/ol' /to, 6t Er/�;c4( r0 c�aagt rX Git�ES �artf SIGNATURE: < d / n 04/. ADDRESS: 2q .ZS` {a.6o� ��u�s f urhl�tfs ( IK 17,1,, O f, C:\CD\PZ\ZA93-117.0WN 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 . r-,r-,f7{, -7 -1 r REFERENCE NO. : ZA 93-117 DEC 2 9 1993 I am (in favor of) posed to) (undecided a for the following reasons : bor wqL SIGNATURE: ADDRESS : Imp - DI. V REFERENCE NO. : ZA 93-117 U I am n (opposed to) ) the request for the following rea J SIGNATURE: ADDRESS: _ (9-?ro C:\CD\PZ\ZA93-117.OWN �07- REFERENCE NO. ZA 93-117 I am (in favor of) osed to) (undecided about) the request for the following reasons : All I cd , A, �S t'� le, c� SIGNATURE: �„ S DRESS: C:\CD\PZ\ZA93-117.OWN n DEC. 30 1933 ----�.- I /OV7L 1 - -_{ tip � cLtuc 1 1 ( 1 REFERENCE NO. : ZA 93-117 DEV � I am i ; ' 3'-;,�� (in favor of) osed (u clea IL J request `the fo he following reasons ; -44 SIGNATURE: ADDRESS: C:\CD\PZ\ZA93-117.OWN The following form may be filled out and mailea co 1.11C k--LLy uL Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-117 I am (in favor of) ( posed o) (undecided about) the request for the following reasons : 2• -7-/ a-. SIGNATURE: ADDRESS: CI D C:\CD\PZ\ZA93-117.OWN .•....�..� .....� uV111111J %-ummiss1on, 667 North Lo*-1-1`AV6nue,Southlake, Texas 76092 . . 993 REFERENCE NO. : ZA 9 3-117 -�,,_' L �L7 I am (in favor of) o posed to) (undecided about) the request for the following reasons; SIGNATURE: 1 ADDRESS: 9yO C:\CD\PZ\ZA93-117.OWN n G 2 9 1993 t' REFERENCE NO. : ZA 93-117 , I I am (in favor of) o(: Pp osed o) (undecided about) the-req for the following reason AA ��1lliM.vllT,tl'W`. �Y,e�et. Colo Z a, -t'' . A112ft� aka- Gt1 PTURE: n ADDRESS : V C:\CD\PZ\ZA93-117.0WN bOU1=111dlCe k A cLlll"llc-j. cWU e kjl"iLl j l.Vllllll1551V11, oo / LVVl�.11 %.aLiV.LJ- ravcituc, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-117 I am (in favor of) (oppos to) (unde 'd d a out) the request for the following reas )�" . (,(�V SIGNATURE: ADDRESS: C:\CD\PZ\ZA93-117.OWN r f'•`R�C�' `T`c):`?yw�•.. .,. .... .... .. ♦.. ... . 1�i`�!.ti)�Z.� \`c;•"�ar�cji �ClS!Yf5'�2�`y C•�L`jo' �.�`r�.'!�.'+ 1 r F t j I��nnnnnunuminnnunnnn�l III _-_-�..-.;--,-_---_-_.■ _- -- - -- ._._.. • - ,AM �� t III =,•,�_ -.-_ _ Hill uuunnuunuu � �•. _ �� : � � 111111111111111111111 ii-'�nl nul■ � r � Rfalin— R ■ONNI INS w Cr Fr�.lMtel,' TR 2G - TR Z4rt TR ZK w I T4 2F TN 2£1 cc OE TON COUNTY ( 'SFIA' 'SF/A' BURNEY LANE TARANT IKcOUNTY TO 2C It TO ,r j .83 AC J.Mots. 'SPIN' ' TO 7 22 "AG" 973 Q I D. George ((�� ` TR 6 TO 2F2 �V( J tic,4, ac TO 1 "SF-1A" f�A .836 Q �./• M.aConnof 10 P.McCmu— 21 '• 'SPIN' USA 9 X Saundets ...;.;..;...... 'SPIN' I . i fR 6 ` C.11*t* `Sfu► 1 ( }: :: :::: •:::; 7 HARBOR HA AG . 'SPIN' 'SPIN' 7 6 6 S (J�c• >IC 'SF-IA' PRISE 4 5 SU 120 = _ A M w,uticen - 'SF-IA- a USA- :.i IL Land 3 'SPIN' ?J 3 L.Reck TR 281 TO 2C1 M Gavat -SF-tA' 'SF-tA' 9.8 AC 16.2 AC 2 2 d.................. 1 eQP Ct ADJACENT OWNERS & ZONING C-Pac and iR 'SF-IA' IM.Snow R.Gteeawood •W.sacaa• •R.Scott J.Burckhard \ 9 - .'SF-IA*. "5F-1A' "SF-tA' 'SF-tA' L4.) CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-118 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 ;1 .........:...:....}...:..... •..:,_v...'.......r.:::v.ti.........'..............:i4 }}}:....: •'................r: i•h:;:•i .-. '.i v.:.?..?.......-_............ .......'.. Phi ., A f A : ', 'O � ' ? `] :::::::i �} iC.y •::::+:.':;::f}'..aT':-:.?:..:::.':::;i?:::::'..�..:: 'ryy''} •.:'•.'?:i::a:�}.•:(::i::::::j--..'-i.:::(:::::}'-:}'•:.M. -::::::}}::}, ,.+,i;• n::r,. ..1,-,t- ,,,,,-•..-..[.•..••..,.ih,.Yv tit vii:? I.,f,. .J�;,.:::: }:::: � ...... ...�..:::xv: •G'�f is}:•:.;::;?:;i.}}}::;:•.}v}}}}::::.�:'•}:•}'w:v:::::::�:}i:y�,:::w:::::Ti}}}:::}::.::vv:4i::ii:-i}i�iit}}i}}:}}}}:4:4::•:-..: ::.�{:::::.:;:x:. r .�i„ .:..;...::......:.....;...v...;-}_:::{:::ii'i':4::4:;i:•}}}}}}}}:?4:??{.}?i:^:-T}T:_i}i}}:y}y}:4:?i}-iiiiiiii�ivi:�?.?ri}.... ?! T } 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 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 C:\ORMZONING\480.118 _' Page 1 �QJ2 3 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: ex ::� .... .. C:\0RD\Z0N1NG\480.118 Page 2 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. 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 teri (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 C:\ORD\ZONING\480.118 �Q Page 3 W—((Q 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONING1480.118 Page 4 EXHIBIT "A" Being a 2.978 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being more particularly described as follows: Beginning at a 'k" iron found in the east line of said Price Survey and the west line of the John Childress Survey, Abstract No. 254, said iron also being S 00 degrees 43 minutes 30 seconds E, 16.97 feet from the northwest corner of Lot 10, Block 2, Harbor Oaks, an addition to the City of Souddake, Texas, as recorded in Volume 388-135, Pages 11 and 12, County Records, Tarrant County, Texas, and being the southeast corner of a tract of land conveyed by deed to David W. George, recorded in Volume 2203, Page 822, Deed Records, Denton County, Texas; Thence S 00 degrees 43 minutes 30 seconds E with the west line of said Harbor Oaks and said common survey line 253.25 feet to a 3/8" iron found, at the northeast corner of a tract of land to Peggy H. Denton, recorded in Volume 10366, Page 2208, Deed Records, Tarrant County, Texas; Thence S 89 degrees 16 minutes 30 seconds W, 54.59 feet to a Corps of Engineers concrete monument with brass plate (all monuments hereinafter are so marked) stamped 233-3; Thence along a line of United States of America (Grapevine Reservoir) the following course and distance; N 52 degrees 55 minutes 42 seconds g W, 250.46 feet to Mon. No. 233-2; N 27 degrees 00 minutes 00 seconds W, 109.20 feet to a 5/8" iron found at the southwest corner of a tract of land conveyed by deed to David W. George, recorded in Volume 2203, Page 822 Deed Records, Denton County, Texas. Thence N 27 degrees 00 minutes 58 seconds W, 247.10 feet to an iron rod; Thence N 88 degrees 55 minutes 27 seconds E, 408.15 feet to an iron rod; Thence S 01 degrees 16 minutes 59 seconds E, 53.95 feet to an iron rod; Thence S 01 degrees 17 minutes 53 seconds E, 150.94 feet to an iron rod; Thence S 00 degrees 48 minutes 33 seconds E, 17.32 feet to the Point of Beginning and containing 2.978 acres of land. C:\ORD\ZONING\480.118 Page 5 c a City of Southlake,Texas MEMORANDUM May 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-119 Preliminary Plat / Hallwood Addition REQUESTED ACTION: Preliminary Plat of Hallwood Addition, 30.868 acres situated in the R.D. Price Survey, Abstract No. 1207, Tracts 2C, 5, 7 and 7A and the John Childress Survey, Abstract No. 254, Tract 2172. AMENDED REQUEST: Amended Preliminary Plat of Hallwood Addition, 27.88 acres situated in the R.D. Price Survey, Abstract No. 1207, Tracts 2C and 5. LOCATION: West of the Harbor Oaks subdivision, west of Burney Lane. OWNERS: Peggy Denton and Betty Foreman APPLICANT: VLMC, Inc. CURRENT ZONING: "AG" Agricultural ,, REQUESTED ZONING: "SF-IA" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twenty-five (25) RESPONSES: All responses are based on the first plat submittal. One (1) written response in favor within the 200' notification area. (see attached) Seventeen (17) written responses opposed within the 200'. (see attached) Fifteen (15) written responses opposed outside the 200' notification area. (see attached) P & Z ACTION: March 3, 1994; Approved applicant's request to table and to continue the public hearing until the April 7, 1994 P & Z meeting. April 7, 1994; Approved (5-0)to table and continue the public hearing to the May 5, 1994 P & Z meeting. May 5, 1994; Recommendation to deny ZA 93-119 (5-0). (aw STAFF COMMENTS: Attached on pages 8C-19, 8C-20 and 8C-21 are the first three submittals reviewed by the Commission. The fourth submittal on page 8C-23 was not reviewed by the Commission, but reflects some of the suggestions discussed at their last meeting. SC - 1 t City of Southlake,Texas The Applicant has met all the review comments of the third Plat Review Summary dated 4/29/94 with,the exception of those items addressed in the attached fourth Plat Review Summary dated 5/13/94. KPG/bls C A WPF\MEMO\CASES\93-119.PP2 e Southlake t'l dlllllia� uu A Gull-Lily LVllllll1.7.7tvu, _ _ Southlake, Texas 76092 . REFERENCE NO. : ZA 93-119 (in favor of) the request he following reasons : rn z � _ tt © ATURE: W ADDRESS : C:\CD\PZ\ZA93-119.OWN �c-3 ` Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-119 I am (in favor of) ( posed to (undeci ed aboutY the request r the folio g A m n 14W�9".N)�d "S4�--- �� 'lCX2 SIGNATURE: ADDRESS: C:\CD\PZ\ZA93-119.OWN 1 i Sc - 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 93-119 I am (opposed to) ( t) the request for the foll wing reasons : �/ ,� 1)��/�waod �7�.�► /J 91f BXte,�s/oyr of/a'Ar Oa.4 Sa6a:...riox to74P wejr oZS 14 Lof T2rr spa l�6e�em�rsrrsccrgfG L/:Z 7' /.D "c a.ls 406, Ae-ilre--7 loe SIGNATURE• r ADDRESS: C:\CD\PZ\ZA93-119.OWN n DECg 1993 1i 2� d Owe ;F,-� /fx 7�r<t //�r�/f /n /Y/ �sT /G��/Pc?rs 'did !r/o'�T-Y /�✓�ftc.� /S �iv eP .s��'� �cy`� `1eT city• aPys -� �1'/ �vs/' Tvi��,rcu/a7`ax 7'-�'- T�7'i� rys•T�scr i'<��>f � �� e l 74- •i �C-S ' The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 Nort FOM , Southlake, Texas 76092 . '" REFERENCE NO. : ZA 9 3-119 DEC G 9 1993 I am (in favor of) (undecide t for the following rea'opposed ;: Th .s ar;I O a a �tr'f�r� r> P / l'rz Ct Sash O`�'a.�Ti G cr�al�y�s �J TLit �£ry�,�Bi L/GOc� Sf J`rrA� 6t/Ou l0 //7 Ile. an la'% an J a iL a a r �Oc��T y7 Th£ ci r. £S %may' SIGNATURE: ADDRESS: �o Are 7/r 71�09 C:\CD\PZ\ZA93-119.OWN (CUT HERE) The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North C venue Southlake, Texas 76092 . �� 1lLlU ALE, REFERENCE NO. : ZA 93-119 1. '6 9 1993 I am (in favor of) (opposed to) (undecided about for the following reaso TWtT h SIGNATURE: ADDRESS: lNtA 0smibat-, 4 Ails � r•\M\D2\9D 09_110 nr n1 i 0 C a aa.. LViiV VW1 4aj L 11t uuwr e/� Li11 GlA \J LL L" QLL%A llldl.lCU L"U LLle 1..1Ly OL Southlake Planning and Zoning Commission, 667 North Car t� Southlake, Texas 76092 . REFERENCE NO. : ZA 93-119 DDEC . 29 1993 I am (in favor of) opposed to) (undecided abo for the following reason . SIGNATURE: \ ADDRESS: Z, C:\CD\PZ\ZA93-119.OWN - - - - - - - - - - - = - - - - - - __ .a 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 . np n� n REFERENCE NO. : ZA 93-119 rh4 �e�ocjuest Jt ! 1 osed to) undecided about) g4I am (in favor of) (opp . _ ._for the following rea U 0 L3 00 7�Z�Y� G T Q � ADDRESS: - - - - - - - - - - - - - - - - - - - - - - - - - - - - -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 93-119 O - ��;:the93 I am (in favor of) opposed to (undecided for the following re . coo ��/�� 0 ��—,•l /�-� l� 11-71 SIGNATURE: ADDRESS: GZ2G`� C:\CD\PZ\ZA93-119.0WN O C -7 G Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-119 I am (in favor of) (opposed to) (undecided about) the request fo the fol wing reasons : Tl- ` , //7/ Ats I A E0 : ADDRESS: G� - C:\CD\PZ\ZA93-119.OWN - - - - - � The following form be - - - - - - -�r - , - - - - _ - - lled out a mailed to the Southlake Planning and Zoning Cmmi sion,n667 North Carroll City of Southlake, Texas 76092 . Avenue, REFERENCE NO. : ZA 93-119 I am (in favor of) osed (undecided about) the request for the following reasons . e- t •� ear- e_ ` . w re-v+( v c . SIGNATURE: ADDRESS: C:\CD\PZ\ZA93-119.OWN U + n � z 9 1993 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Ca Southlake, Texas 76092 . _er7r2r REFERENCE NO. : ZA 93-119 DEC 291993 I am (in favor of) (op osed to) (undecided abo t for the following reaso UCLIALXCL A�2(j' FSIGNATURE: UW 6, ADDRESS: b C-d Lt1:.1'GAL'LV I..G LVV GA y.5-117 ULV N V wJJ g I am �to e request for the following reasons L S I ATUR : - tN ADDRESS : r.\rn\n7.\7,aa,%-Ila AW" SouLnlaKe Planning and 'Zoning Commission, 667 North C Southlake, Texas 76092 . J REFERENCE NO. : ZA 93-119 3 �.�� I am (in favor of) (o �D� for the following reasons : posed to) (undecided about) the request - Ser✓; tc. OL .�. �� ✓�� 'a+le. ✓e a.lre oa- 5D°la ern vE'k 1t��s to ho S l✓tcr-ea�.Se, '�''-� new res� n.-I-S access is NO�r-Sq .t-n/o7- $Q.Sf• Ulkl-P�to-F eSrrPy, --r r o✓Q-( v►w n�, -trees w -- t►-\crec- on 6a✓need I-axe �-(far ^ I I-t,,�_ r�.re� 1• e►i ►- old 1 L'J9 t1S'�Y�lt�l 19Y� 1�e klC(� SIGNATURE: ADDRESS: Z"l00 A r2Ne Y dr'sa 76�9z-9747 r.\rn\n7.\7.aoz_ily nwH - - - - - - - - - - - - - - - - - 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 93-119 I am (in favor of) (op se t (undecided about) the request for the following rea i 'All SIGNATURE• Le ADDRESS: S CACD\PZ\ZA93-119.0WN _ f- 0>�C:? 91993 1� 9 ctuUuu/ une request for the following �� •-Sit'—�G��'�.�c1 \� CQ SIGNATURE: �l�\S� •�� \�YV•SL` �� ,�y ADDRESS : C:\CD\pZ\ZA93-119.OWN REFERENCE NO. : ZA 93-119 U DEC 291993 I am (in favor of) opposed to) (undec ) est f t e following reasons * _ ` 1 C2 0 SIGNATURE: ADDRESS : C:\CD\PZ\ZA93-119.OWN REFERENCE NO. : ZA 93-119 A I am (in favor of) jo:sed about) the request for the following rea S SIGNATURE: C: ADDRESS : C:\CD\pZ\ZA93-119.OWN Tno=12 _�G _�� E.0 30 1993 .7.Vul.tt.LanC, tCXaS /UU7G . REFERENCE NO. : ZA 93-119 141, I am (in favor of) (opposed to) (undecided about) the request for the f llowing reasons : SIGNATURE: ADDRESS: s. C:\CD\PZ\ZA93-119.OWN n rCD Z 9 1993 REFERENCE NO. : ZA 93-119 I am (in favor of) (o posed t (undecided about) the request for the following reason . SIGNATURE: ADDRESS : C:\CD\PZ\ZA93-119.0WN �� r • `�Acbof REFERENCE NO. : ZA 93-119 I am. (in favor of) (opposed to) (undecided about) the request for the following reasons : o n..— e...kt,n w o �w� �.s+..— �w� ole►,.r.,erJ�- yC+ �wo o a hA AA". boy' Q%" SIGNATURE: a•.aJL- d,0,� Vy.r, kA, 6o r ADDRESS : C:\CD\PZ\ZA93-119.OWN QC -11 —— j - vuuul�5lon, eb-/ Northh rr�11 Aventi . Southlake, Texas 76092 . REFERENCE NO. : ZA 93-119 gip; 0 199� I am pp (in favor of) osed to) (undecided a request for the following reasons : SIGNATURE: ADDRESS : )G'J/J /741,4 r-\rn\oz\zaaz_jiq OWW The following form may be filled out and- mailc.., �•- �-n� Southlake Planning and Zoning Commission, 667 N .A ' Southlake, Texas 76092 . 4 � 4 �994 REFERENCE NO. : ZA 93-119 BAN i I am (in favor of) osed to) (undecided t e request for the following reasons : � 0/�r s / -7.O rOGI t1 KN/r Q r{ L O T �„�lhor �alcS e? cotcc/ x/ /i'vu Gttflodd sftor�iveo� /t�'il��t�AA�+t✓aLcr �'�f l 'G✓•%�NC�f?��Y[�u/Mlki&f-4 4 /vu b6o•�t�l � w .►�c. ' kclar�ess,/o• v(vo �s� ffone�s l � oou n/o'f' �6..-t.. �0 o ra o ,mac- dr cu - w•'// esha �roN cfrc�s�Eare3✓•�/t, Eo�Pao r /N uccou�•t 9 y y SIGNATURE• r,f e.�%s.. s ✓ C!a ti /�s -Ca// r•+� ADDRESS: C:\CD\PZ\ZA93-119.OWN i1�� rG/NUt*C� Q/Vt��rOVr'ra�C dY' ��+'+c1�/�/Sf�tsr/�s1NtC° `'�O� TT�01G �N ) /� JH � -44 ✓G� /L /N lice zollowing form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . t7 12 REFERENCE NO. : ZA 93-119 O. I am (in favor of) (opposed to) (undecided about) for the following reas000t.L Q*, cep-p VY-) S l - ... SIGNATURE: c� � ADDRESS : n J� $l- -l - - - - - - - - - - - - - - - _ - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North � Q Southlake, Texas 76092 . fir, ;. �__- REFERENCE NO. : ZA 93-119 Ll DEC 29 1993 I am (in favor of) o osed to (undecided abo for the following reasons : -F low SIGNATURE: A� ADDRESS: C:\CD\PZ\ZA93-119.OWN �Z�f�l1J QiX G+� �/cam �rt� .•Gl/� ..� '71 e4416ei 5outtilake, 'Texas /bUyL . _.i. ._..___._�.. REFERENCE NO. : ZA 93-119 2 9 7 I am. (in favor of) (opposed to (undecided about) th u 3 for the following reas M e x0a1 -7 v A45i LA AAo- SIGNATURE : • ADDRESS : V C AN E C:\CD\PZ\ZA93-119.OWN 4- S 4'2 v lei am vti P40A t L- c OK .811A _ L e ivy v V M AP v!v S• sc. . C sn•) (Lo w w� U4U r, I I� �ocl�. 2 ,y uN ct�11�� • C . g -.-� S Ui REFERENCE NO. : ZA 93-119 DEC Z 9 1993 I am (in favor of) opposed to) (u f the following reason ) e request s: SIGNATURE: ADDRESS: 02970 C:\CD\PZ\ZA93-119.OWN �� -� 3 � tirt ?i��:4' iFiw4"c 'ti .,?a c?r <f ..,i?'....... ,��i? {f +`t��` 'dc;t `h�£g ;r rte �b # ! > �tfi3?;? - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Cam„ Southlake, Texas 76092 . jn) REFERENCE NO. : ZA 93-119 � `_'� ^ I am (in favor of) opposed t ) (undecided abouti) _the request for the following masons : 40 ` � t fo�b SIGNATURE: , ADDRESS : d g p ��vc.�•.� Gs .� C:\CD\PZ\ZA93-119.0WN C - o�-�— �s - 7 The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Ca LQerue, Southlake, Texas 76092 . REFERENCE NO. : ZA�3-119, j i. I am (in favor of) (opposed to (undecided about i e.=request for the following reason /9(FL�Cvc T J-v i°�/'1-BE 6�o.1GJ Tr,4�.E wa�`�avT rlEsr�or�.�� r�EES r-.5<vf G-iL/tOS/B�s!' /'L�CF.n�tiCT p� .>t�r-EErs �t�UrG�6 /�i�sSc�KT 1�o�rE_S G� G� 6G drG [.I!/i/YG /N Ny rNEB <f�b�r vENS�,y /JFt�ECO�••r,G.rrT. r�><E �•✓ ST r" SIGNATURE• ADDRESS : CIo Z C�y/frG C:\CD\PZ\ZA93-119.OWN _ 3 Southlake, Texas 76092 . D REFERENCE NO. : ZA 93-119 JAN 2 0 1994 I am (in favor of) (opposed t (undecided abo t for the following r aso . SIGNATURE : \\ ADDRESS: �°lO ��A1ybSl C.e L! E �`� Io O 9 C:\CD\PZ\ZA93-119.OWN Southlake, Texas 76092 . -- 'ERENCE NO. ZA 93-119 L-- t- � m in favor �i ( of) (opposed ta) (undecided about) the request !=' C" the following reasons : z X7 SIGNATURE: ADDRESS: C:\CD\PZ\ZA93-119.OWN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed ( (�' � LSouthlake Planning and Zoning Commission, 667 North 'oll^Avenue, Southlake, Texas '76092 . w ' ! 171994 REFERENCE NO. : ZA 93-119LD LEO ' I am (in favor of) (40P5 osed to) (undecided about) the request or the follow'n reaso �� r. Q'S Olin' 0 f� K , : vtl GAS' +CCU Gw [ vim of �5• , (�C,�eSS s` f a.h Nay- Pn►� is s wb sto �� . 3, Cras roX t`ioo f+ of 0-4tL" sect' of 5n' 1p axcos 6� Girc ec NWce �o GxiS aepr ,< 10 0 OA BW6t v\ -FAo~, I-�OK N SIGNATURE. 1 ' ADDRESS: -�)Lcl C:\CD\PZ\ZA93-119.OWN y-, a -�cNff�L. of ag"x w rcs , G,tso I wovkkd CIn� P d 4'1 �n N'A �is - )o4-S as V KU as c�c e v�.F I oocQ 2`1 fF ■�Eb '�� y IIIU1111111111111 lIIIIIIIItillill II�y�L / r fllliillllllll I11111111111111 1111 111111 �� H. THROOP AR WA ss + MIN Ap �7 fir/ `` .. iftm ■. Sonia MRS ■ ■off - 1111111�t�� , �, `SIMFIS IN IMINRIF V�� w c� 1P INEZ r� c k0welt TR 2C UA — 2F �. 'AG" i 1.17 AC ( t cc •sit a zq OE TON COUNTY ae .l< J A*`U— „ ,�, i -SF-tA- -sF-,w- BURNEY LANE TA RANT COUNTY TR 2- ,TA ,r -f R j to'. 1 J.Mots.63 AC 'SF-IA' i TR 7 22� "AG" .973 a I D. George QQ� TR 6 \ TR 2F2 ARV J TR 7� I "SF-lA" NA �i1 .036 a M.O'Connor tP.Mccau— 21 USA 9 T.SWARSOM ..:•. :::::'• 'SFtA' I •. 20 ` Q tip(R6 .61 Ac YX nAG -Qvwig P 'St~1A' f : : : : : : : J.WNaon 7 �.� 6 6 .Ye S .... .;•. J.Sbwart y[ 'SF IA' E 5 IL Knutren -SF-IA' 4 USA IL Sl F 3 L Reck -SF-IA- -TA 261 TR 2C1 M.Gaver 16.2 AC -SF-1A' 9.6 AC 2 2 ............ ADJACENT OWNERS. & ZONING Q Pack" 1R 'SF-W X. M.Snow R.Grssnwood• W•Bacus• R.Stoll J.Burckhard \ . - -'SF-IA""�\ -SF-IA' 'Sf•tA' go- I Iiij I I I 1 37 :Ir fit I I I I 1 2 x 2 ell gill gi -4 41 41 0 0 0 0 Now C4 m o o '0 t--17-1 't a 5:z ;J7 -41 s=s—fs vZ ON 7s" a=x;.a •s a c'::i .a' ;a 17 Q i \ W 1 sl�� •�:��ft��{t� .iI �� i{1 t;r to tc= =i� t3 e5 " s��= 611 j lifi�?jii 22 i 1 e y � 1 •~T a<a 1C \ a` � Y 1•, N ' \ O wsm• w.n i i 0 + ; ! Cou+r s ! P n am Ito JJNPsq n $R0 o � Y I: Y ( ; rL it k 1"C ?i _j 8 1° i - x+E` a ; Rm :. -,�:•-N,. .art' 3� tlA. OM.GI. 1 i i Jill.11, Y :III iit1l I j ( I r 1 ! I.ltl t • !l III `1111. til;ie i' #; all a ,Iti a @- r .�.. e i y 3 tl C 0 a CIXJIIT tl n e ^ Y o+ < U� •O44 S Q ° C a cl Ni y r^ tl Q d a d City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-119 REVIEW NO: FOUR DATE OF REVIEW: 05/13/94 PROJECT NAME: Preliminary Plat - Hallwood Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: V.L.M.C., Inc. G.D.I. & Associates, Inc. 2424 Rogers 555 Republic Drive Fort Worth, TX 76109 Suite 201 Plano, TX 75074 PHONE: (817) 429-1617 PHONE: (214) 881-0369 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/09/94 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. The Thoroughfare Plan recommends a 50' R.O.W. be provided west from the existing Harbor Court. Provide a 50' R.O.W. from the westernmost point of Harbor Court west to the property line. 2. The Street 'A' cul-de-sac exceeds the 1000' length as recommended in the subdivision ordinance as a maximum. However, density of development, topography, lot sizes and other significant factors may be weighed in determining the length of a cul-de-sac street. 3. Add 10' U.E. along Corps property. * Applicant should be aware that access to the future public park may be from Court B and/or Street A. * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * Prior to 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 number of lots may be required to be reduced in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. * Denotes Informational Comment cc: V.L.M.C. Inc. G.D.I. & Associates, Inc. alt—ca K'OM 3"o CA" _• 'C n lt Daa.Cl. y. r r.. i 1 i Jill lh� =■ 1ij s OF a a a:� , a�i K S Y 41 j jla� I. f! 13 ]3• iltttl�ji °_`��* i1 a��a ai °! � F ta. 4 tt1171 t ( i1 { 01 �j!`!+��iif�li!l�t�lt��j1 •�}j3°t��° "S iS jt a �� .; y "�"•-a k "i ON �1�J� =iiS�i rf i1fi�iT �g I + � Y ua s Q oFy N 13, 41 fit g ° Nil Wl y f '�Y IfY rz p Y S ;SS 1 tS2 AS5'�F9 jet Y� a¢ �c-z,3 t YZ 3SV2 cm F—L D R,D C I ——----—---- rh ii�tl }it I'M gz lip. Jj;'j!!,,!; 12 Nj -5-6 Al wan.. ou"a es uj 1, 0 k 0 rz Z you n ci oll 7-6 L City of Southlake,Texas MEMORANDUM May 6, 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, 280 Commerce Street, opposed, as lien holder, 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 4/15/94, 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. So-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. STAFF COMMENTS: No revisions have been received since the First Reading on May 3, 1994. Attached please find the second Plan Review Summary dated April 29, 1994. KPG/bls C AWPF\MEMO\CASES\94-30.RSP F'I� �� -•� ©�©.� - ,III�\��T�1J%�� MEN Le �.��:. ©®III ��Y'I■©,��111111// �� 1� �e11111/1►/ � Mm 'i • � �� a �rr�`" -�1111111111111111� 011-Sit MEEISMI now ••II//:/IIIIt11I� © © I ::apm ./i1t11111/ttU r� ��"''�Ir!7 J:i11tINI YfiiiilYilYPF �iw► �� -- © .,r r'.�-�+h �.�;� ©ee �©© a�� ►�riuTtaittnnuu mom MUM ■IAIA ■ ■ ■ i M 1� f f, �■ is i i-i �i :■� W •'7 Vf Lab Wi r - _ ff�i7 � � r • �� i � / TH 2 'A IH 1.022 AL l 5 1 .58 Ark TH ilb 3.y'--1 AC 6 v 1.6 AC 8 7 i --- - -- --- 1.36 A!; r � 1 � PACIFIC SOUTHWEST BANK PACIFIC SOUTHWEST BANKI ; I cr I ^^� 7 O 111 Y .Q 4 Y- III-1" �"I-1" A U) G $ u A U PACIFIC `= SOUTHWEST BAN �. Uj I 7 7 UI 1A PACIFIC SOUTHWEST BANK 6. 14b EXCHANGE BLVD � 1 ADJACENT OWNERS AND ZONING �J h - ' ' A 4 City of Southlake,Texas SITE PLAN REVIEW SUMMARY AMENDED CASE NO: ZA 94-30 REVIEW NO: TWO DATE OF REVIEW: 04/29/94 PROJECT NAME: Site Plan for S-P-1 Rezoning Request 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 04/25/94 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. 1. Revise the "Site Plan Notes" regarding the number of parking spaces provided to reflect the number of spaces provided on the plan. 2. Indicate the city benchmark used for topographical information shown. 3. Show spot elevations at the building comer, curb returns, edge of pavement, and drainage paths. Show proposed contours reflecting the proposed grading of the site. 4. Change the reference to "All Weather Paving (Yard)" to Outside Storage Area in the site data tables for Lots 2R and 3R. 5. Label the areas outside of the designated storage yards as grass, if that is the intention. 6. Increase the width of the planter islands in front of each building to a minimum of 8' back-to- back. * 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 D oo5 e v 3z het • e o z_- ' 1 X S z Z � f t7 a. <; ri 5 ,� z•- Re t ; z p > pull } 44 ■ C a Y 5 Feet =Si Citi43 4�4E ti L•] c 5 $15 5 W. cr �° + + ��•^.� its .ia3rcRa + + 77 .1Z 1!-r Pit WIT all i 'mac tf aka � g t -off + �.el tSSi =T�ti— Tsv'.cl"Tob i ee.�e -�� t � LLt�l1N�ptl �+jS17R1{ Z 9D- 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-119 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF ................... LAND WITHIN THE CITY OF SOUTHLAKE, TEXASC ................... ................... .•}{;•;:•:.if.•' v i•:�•::r:•}r.A•: ••••• •}:^::i::•ITI, :: ,•}.:r ..},}}}::+:{S:{•}:^}:4}:•?i•:+}r'...}: fil::: :... ^v. ... .¢i•:n i:'�f.••. ..F...{..,�,.,.:i.:......\n...f.: f .:.•..:......v. vv� •v:•SY+,,:,,v�,.,•- �'� v .}•+r� ,Y,.:f {•'.••, }:vii•:C►i.`--•'„•-•..'^�'• v:$•.v,:{•}•{•}Yi.•:{: vi.{.'•::;': •,^IM .•j' T`+}.}Sih.......?•......}f ......i}:•:{v'"{v;...v.;•.;•:•:'•:::::::..\N;f}}::::.:'•}\\tii •........n.::n..' ^C.:•{ .Q:•y {:C}.: .v .}.. }. v f }. '..H fr•v:r.•.•. ��,,+t, {:{•ti:•:;}}:.6:f.�:.:f: :{.;if.:{{;{}24+k<i:;k:•:. •'::*?:a}::?•�{•:}:.;:{.x:{`.•`.•x:}w'{{{;;vrn::ri{.+,•}:v:�:;.{.:;{.}:{�:.y{•}4:•`.•}}:•x;�:}:•}:•}:• 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 €s under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs CAORMZONING\480.119 Page I fb—q 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: .................}}::':'......•:••:••::" ' '•iiiii'••{•••;}}:•i:•i"4i:•i 4:•isCii'•i{ii" :.' ...•.:: :i::::: : :n."'i:::Y:Y:i::i::i::i•.. >: :is i..::'::{:::'::$iiiiiii': ,.......,._`:�`? : `: rd .•`:. fd'•.` it %iIIl >' l#3iS: # L"..':> ...,... ..``..: `sf` :n .. '�::.:: '' s ...........:..............:...................:....................:....:....... ........... l C:\ORDMNING\480.119 gD Page 2 • ".'}{}}:;ff.{'::;...."i.. •iii:"`::{ris"•}:n}..:....}i}:"p}}}}}'.}::.:{:•:.i}"^}}}}}}...:..:,i.....}:::.r....i::.....}v}'•}}}."::::..:.::.....:::::::.....y:::::x:....:..::::::.::::::::::::x:::::...::::::: .:i{:>,�,.:� ..;��{}:?: ,til{+1 .. :{•i�. �:{v4:is ..-/:: f••- ?:..... .•.:s�.�:•}��:ii}i �IMF:v'1iFiAiM!•:{::iYti� �:::�.S��FR:::{ ?f:�''•:.•...............:,w.v:•:v{{•}:-}}:{v'+ r:::}:.vy ::•:::i.•::.:::::•nY•}i}::r}}}:•}'v}}:}:.}}}}}}'x.�:{{•:{?:.}{:.ri.}w:::v::.�:.:�:::::::•::::::::::::•:w:::::::::•:::::::::::........ ::. ....A( .::.1. .:: .... ...ir �.}:}:•11.:+:•.Y•::} r}v::.n ry::i..ti..::::Ii•:::;}'•:}•::.•.•::•.}'::•}::{:i:..{..; vi'fiY:Y+i{':r:::{.y:::•:}:;:•}}}:• •:•:.�:'.•,.•,'.--1,�•}�F' I•:}i:{ti::ti> .:.tii!- 1..:.. x.-.-.�.-.-.�..•:•:J::"v..:.:n•...............f:.....................3..:n:...:. .. 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. C:\ORDMNINGW80.119 Page 3 gD —y 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORDIZONINGW80.119 Page 4 U • EXHIBIT "A" e V z Uf4 C> a 2 < tic_ `T _ � 39 J C f Suil _!ItsL's �` e � �pgg�A k d aSaF •E"E 33 sj -- .. ' _ = F- ■ iGiC■C{ C e- ` aiz z gig' ge i, . e Ee , ASS [aF��A �yyitc ! pg o�g „•C@f€E`s= Q_ G V m E z g lit, c�3 g s= v' .444-4 - t it 4A Lil I r a=f ' I � ! � _0 GYL R��=1 OO-S�.\ �•�b� l SC.CTV00\ 00 NL eon taNmc $ CAORMZONINGW80.119 Page S I r City of Southlake,Texas MEMORANDUM May 6, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-31 Plat Revision/Commerce Business Park REQUESTED ACTION: Plat Revision of Commerce Business Park, Lots 2, 3, 7 & 8, Block C, being 6.6556 acres situated in the Thomas Easter Survey, Abstract No. 474 and being revised to Lots 2R and 3R, Block C, Commerce Business Park. LOCATION: 572 Commerce Street OWNER: Randy Pack APPLICANT: Macatee Engineering CURRENT ZONING: 1-1" Light Industrial LAND USE CATEGORY: Industrial NO. NOTICES SENT: Three (3) RESPONSES: Received one written response: * Randy Pack, 200 Bank St., in favor. P & Z ACTION: April 21, 1994; Approved(5-0)Plat Revision subject to the first Plat Review Summary dated April 15, 1994. COUNCIL ACTION: May 3, 1994; Approved (5-0) applicant's request to table until the May 17, 1994 Council meeting. STAFF COMMENTS: No revisions have been received since the last City Council meeting. Attached please find the second Plat Review Summary dated April 29, 1994. KPG/bls C AWPF\MEMO\CASES\94-31.PR 8E-1 1 i�� tl win ■�ItTIMWI■ yin PAPgal. lu IMAWIF ow �■��:� - --- - ©©i"'fr � � I�CU I■©'�iiuliiiu►��0��i�� r ' �"�::''- ��IIIIt Itlilttrttl �Ezz eii! r;y lit •� rOEr Mg u►►�►►rturnn mass .. I1/►��eitllllrlee■ vw- MEMIMM NEW iiiiilMMMMWN •�- c ■� • � +�/Ii�1111i11U11111111 r�r � � ■ - �3 Y � 'ice �� . .. .��'+' f+:�'•''• .:..!, � � yr 1� Ron ■ ■. e � .1 III !�� ,•��• ,. 1A iH TH 2 1 a•, 1.022 AL .744 A,, TH.dA 7.2'.2=4 0 5 1 .58 AU TH i 16 I.ii'1 AC 6 I 1.6 AC 7 T----- - 1.36 Ai, h P%1CIi IC SOUTHWEST BANK PACIFIC 4 SOUTHWEST BANK I f, L1 I n J 11.! cr 4 f F III-lit L • —V---- !jam . G 8 Lu _i U PACIFIC SOUTHWEST BANI. 7 C) C-1 1i 1A PACIFIC SOUTHWEST BANK I 6. 14" 11 "I-1" Ef t EXCHANGE BLVD t t - ADJACENT OWNERS t 5 AND ZONING tF ' 1 - i t _. ( 22 i Crll ITUI AI/(- r /�� 3 T to ' tn(D 41 I v; • � I L o I tl-" t r I v I O f I ' O O IV M A *0 N 41 O 0 I 1 d t v �1I y• e I it t $ 1 'O ^ 00 11 W • 2158 2860 290fl9 v 1Ln 00 ' 1 moo+tr p(taw _. latilavcu- .. 1; v 1 i I I - 287,5--- ^ 290S�-� -- o I e yQQ Ln u 7 i1 i N u ,S J to v r ^ NI Ln I O •a aa_---_. 1 I 1 ep �� M a 11 I 1 1 ,n t t 1, �: O Ln v I 1 1 1 14. II ; to Ln la qCD 7: no i 4+ a it 1 i ^ 00 to n 1 1•• O • e 1 t �I X l o _ I -�Ir• _E — 1'r A w i g e � e Q1 v l OO (• i � 1 1 V a I.p I ID 1 a 00 • oil 1 2802 1 1 � 2840 �; 2902 " I 1 r— 'M 4lG?� 1 1 1!•J CG7 c I 11 I q►JJ war �806 2827 28 28S1 2885907 I� 1 A ry l l A 1 •. d � �' - D ^ A r > - �A �'I Y 4 IN^ �-^ i 31 j 1 6i.�-�� -a,��may. ,...�e-"�.-z •rFi=- at`.ZSJ =-">�1 - - -' - =ins;_ 0 � - City of Southlake,Texas PLAT REVIEW SUMMARY AMENDED CASE NO: ZA94-31 REVIEW NO: Two DATE OF REVIEW: 4/29/94 PROJECT NAME: Plat Revision - Commerce Business Park Lots 2R and 3R Block C OWNER/APPLICANT: ENGINEER/SURVEYOR: Randy Pack Eberle Surveying 200 Bank Street 104 Hidden Lane Southlake, TX 76092 Red Oak, TX 75154 PHONE: PHONE: 214/617-3969 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 4/25/94 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. Change lot designations to 2R and 3R in the owners dedication. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off-site sewer extensions, and off-site grade-to-drain permission. * Original signatures 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 on each. * Denotes Informational Comment cc: Randy Pack Eberle Surveying CAWPF%RM94-31(2).PR ' x ; a g!13 ! t • 7 r o i fill, , lll - _ 4 ci?lt i is till J#N!{ �� jig �� r.� It �fl 11 � ij� i i� !'�� '� _ �!� 'lf��1��+1�;�f+ ��•; � ��t i f fl Sj i i � iIi_ S ;1l !- �i- �!_ �i �G ! lilt, F III a i( *!!'1}; �f f l ri E } iv fRlt,� ji bl �I ill, ��! ' s � , is �}• 1{'`�� g l� � fd �+s�.! f � i �{�� 19 9 � � S]S �!'�7(�� j _ t F ,[� tt r3 yy LL p {, 77 {{ ii s I. = , c , 6 + , t�t, �' t i [ 1,e f • 3 f •- t'� ,!� it }� j �S• t! Mll f�� t• I�+ } � •}.i - ie t !} •il R=} 1i hs 5�� I I 'I c -- -------- - ;i. I: —. = - - t -- - - 1- - - I- - - ___q.A_ — E ———————— m—fIS KKO�-- spi - ri;; .TM � 7 I L------_---' �1�+! l5F • �-- *ram---1 .....- -- 'i- - I—,rr '+- —I-' — i�F I I 1 I I - it e City of Southlake,Texas CITY MANAG R MEMORANDUM 5-/3- May 13, 1994 TO Curtis Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Resolution No. 94-22, Appointment of Mayor Pro Tem Resolution No. 94-22, appointment of a Mayor Pro Tem is in your packet for consideration. Section 2.07 of the Home Rule Charter of the City of Southlake, stated a Mayor Pro Tem must be appointed to serve in the absence of the Mayor. The position is filled for a one (1) year term. The Mayor will make a recommendation, which will be voted upon by the City Council. If you have questions, please give me a call. ht-y't'r sl qA _ � "v t City of Southlake,Texas RESOLUTION NO. 94-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING THE OFFICE OF MAYOR PRO TEM OF THE CITY, PURSUANT TO THE HOME RULE CHARTER OF THE CITY. PROVIDING AN EFFECTIVE DATE. WHEREAS, A Home Rule Charter was approved by the voters in a duly called Charter Election on April 4, 1987; and, WHEREAS, the City Council finds and determines that the Home Rule Charter is needed, feasible, and in the best interest of the Community; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That all the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this Resolution as if copied in their entirety. Section 2. The Office of Mayor Pro Tem shall be established pursuant to Section 2.07 of the Home Rule Charter of the City of Southlake, Texas. - Section 3. That effective immediately, the Mayor has appointed with the approval of the City Council, Councilmember ,to serve as Mayor Pro Tem, who shall hold office for one year. The Mayor Pro Tem shall perform the duties of Mayor in case of the absence or disability of the Mayor, and if a vacancy shall occur in the Office of the Mayor, shall become Mayor until the next regular election. Section 4. That this resolution shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS THE 17TH DAY OF MAY, 1994. CITY OF SOUTHLAKE, TEXAS BY: Gary Fickes, Mayor r Resolution No. 94-22 page two ATTEST: Sandra L. LeGrand City Secretary reskc\mayor pro tem\al 9� -3 t City of Southlake,Texas CITY MANAGER MEMORANDUM May 13, 1994 TO Curtis Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Resolution No. 94-23, Appointment of a Deputy Mayor Pro Tem Several years ago the City of Southlake established the Office of Deputy Mayor Pro Tem, who will serve in the absence of the Mayor and Mayor Pro Tem. We have found that this appointment has been in the best interest of the City, as there have been times when both the Mayor and Mayor Pro Tem have been unable to attend a meeting or function. The Deputy Mayor Pro Tem will hold office for one year. The Mayor will make the appointment with the approval of the City Council. If you wish to discuss this item, please let me know. /sl �Ww 98 . � • City of Southlake,Texas RESOLUTION NO. 94-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING THE OFFICE OF DEPUTY MAYOR PRO TEM OF THE CITY. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds and determines that the office of Deputy Mayor Pro Tem is needed, feasible and in the best interest of the community; NOW, THEREFORE, BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. Section 2. That effective immediately, the Mayor has appointed with the approval of the City Council, Councilmember , to serve as Deputy Mayor Pro Tem, who shall hold office for one year. The Deputy Mayor Pro Tem, shall perform the duties of the Mayor and Mayor Pro Tem in case of absence or disability of the Mayor or Mayor Pro Tem, and if a vacancy shall occur in the office of the Mayor and Mayor Pro Tem, shall become Mayor until the next regular election. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS THE 17TH DAY OF MAY, 1994 CITY OF SOUTHLAKE, TEXAS BY: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary q6 .z City of Southlake,Texas ANAGER MEMORANDUM May 13, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Southlake Program for the Involvement of Neighborhoods Standing Committee Appointments Attached you will find a list of Southlake citizens who have indicated a willingness to serve the City, and their respective neighborhoods, by functioning as Standing Committee members/Neighborhood Council Chairs for SPIN. A total of 62 citizens responded to the interest survey we published in the city newsletter. This list does not include all respondents to our interest survey, merely those willing to take on leadership roles. Various neighborhoods have met during the last few weeks to discuss Standing Committee representation. You will notice that the names on the attached list which are marked with an asterisk represent the neighborhood's recommendation to the City Council. A few of the neighborhoods have not yet selected their representative, but are in the process of doing so. An updated list will be provided to the Council Tuesday evening. When appointing the initial Standing Committee, the City Council will appoint eight (8) members for one year terms and eight (8) members for two year terms. Judge Bradley is working with Carroll ISD to determine which student will serve on the Standing Committee. That name will be available on Tuesday evening as well. Please let me know if you have any questions about the SPIN appointment process or survey respondents. SR SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS Standing Committee Recommendations The following Southlake residents have filled out interest surveys indicating that they are interested in serving on the SPIN Standing Committee. Those marked with an asterisk are being recommended for appointment by their respective neighborhoods. Please note that several other citizens sent in interest surveys indicating that they are interested in participating, but do not wish to serve on the Standing Committee. SPIN #1 Louis M. Peruett Dianne Jensen• Judy Sherman Cara White Anne Essig John Van Son SPIN # 2 Martin Schelling SPIN #11 Robin Jones* (Alt) SPIN #3 Ron Maness* Frank Dorer Julia Smith Frances Brasher Sharon Meyer Dennis McGrath SPIN #12 SPIN #4 John L. Rafa David Baltimore SPIN #5 Robert Early Karen Reynolds Ernest Johnson* (Interim) Bill Towler Rosemary Hutchins SPIN #13 Eric Mead Rick Patterson Camille Rasdal (This group is in the process of determining who they would like to represent them on SPIN #14 the Standing Committee.) Carolyn Hobbs* Tom Kampher SPIN #6 Tim Schilling Kara Sherwood Craig Rothmeier SPIN #7 SPIN #15 Peter Sporrer Wayne & June Haney SPIN #8 SPIN #16 R.F. (Dick) Johnston* SPIN #9 Dr. G.J. (Bill) Salazar SPIN #10 Betty Springer* 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: Neighborhood#2: Neighborhood#3: Neighborhood#4: Neighborhood#5: Neighborhood#6: Neighborhood#7: Neighborhood#8: Neighborhood#9: Neighborhood#10: Neighborhood#11: Neighborhood#12: Neighborhood#13: Neighborhood#14: Neighborhood#15: Neighborhood#16: Youth Delegate: Section 3. This Resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 17TH DAY OF MAY, 1994. CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes Sandra L. LeGrand r SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS Standing Committee Recommendations The following Southlake residents have filled out interest surveys indicating that they are interested in serving on the SPIN Standing Committee. Those marked with an asterisk are being recommended for appointment by their respective neighborhoods. Please note that several other citizens sent in interest surveys indicating that they are interested in participating, but do not wish to serve on the Standing Committee. SPIN #1 SPIN #10 Cara White* Betty Springer* Dianne Jensen Louis M. Peruett Judy Sherman SPIN # 2 Anne Essig Martin Schelling r John Van Son SPIN #3 SPIN #11 Frank Dorer JoE �! Robin Jones* (Alt) Frances Brasher Ron Maness* Dennis McGrath Julia Smith Sharon Meyer SPIN #4 See Attached SPIN #12 John L. Rafa SPIN #5 David Baltimore Karen Reynolds* Robert Early Bill Towler Ernest Johnson* (Interim) Rosemary Hutchins Eric Mead SPIN #13 Rick Patterson SPIN #6 Camille Rasdal Kara Sherwood SPIN #14 SPIN #7 Carolyn Hobbs* Peter Sporrer Tom Kampher Tim Schilling SPIN #8 Craig Rothmeier Pamela Muller r SPIN #15 SPIN #9 Wayne & June Haney Dr. G.J. (Bill) Salazar SPIN #16 R.F. (Dick) Johnston* YOUTH DELEGATE See Attached r SPIN #4 J LeeRoy Hess Lanny Tate Russell Oxner 671 E. Dove Rd. 2120 N. Carroll Ave. 535 E. Dove Rd. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-1618 481-3440 488-7361 Harold Knight Billy and Mary Jo Peck Bob Steele 1749 E. Highland St. 1205 N. White Chapel 959 N. Carroll Ave. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2961 481-5259 481-2616 Charles Fechtel 6611 Stihter Dallas, Texas 75230 (214)987-4992 S01 THLAKE PROGRAM FOR THE INvoLvEmEm OF NEIGHBORHOODS SPIN The City of Southlake is experiencing phenomenal growth and, as such, there is the potential of diminished communication between citizens and local government. This has prompted the City Council to consider a unique program to provide a more available form of citizen participation in the affairs of the City and to create a forum for neighbor communication. The program is officially titled "Southlake Program for the Involvement of Neighborhoods* - or SPIN- and it is being developed to facilitate and channel citizen involvement and participation in the city and its government. Participation in SPIN will be open to all Southlake residents, including students, who are willing to take the time to make the city what they want it to be. Representatives: Carroll Middle School: Robyn Anders 1911 Limerick, Grapevine, TX. 76051 Jonathan Phillips 2913 Scenic Dr., Grapevine, TX. 76051 Carroll Intermediate School: Seth Roberts 1214 Whispering Ln., Southlake, TX 76092 ((aw Carroll High School: Eric Reed 2600 S. Quail Run, Southlake, TX 76092 Kristin Purdy 1345 Meadow Glen, Southlake, TX 76092 Kara Sherwood 2902 Cripple Creek, Grapevine, TX 76092 Johnson Elementary School: Katie Willingham 1340 N. Shady Oaks, Southlake, TX 76092 Tyler Tate 914 San Saba Dr., Southlake, TX 76092 Carroll Elementary School: Shannon Cwilka 1505 Chimney Works, Southlake, TX 76092 Drew Malloy 1359 Lakeview Dr., Southlake, TX 76092 i City of Southlake,Texas MEMORANDUM d2i2w May 13, 1994 TO: Curtis Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 94-15A, Annexation Public Hearings Note, this Resolution re-sets the calendar for the annexation process due to timing and other issues. The first public hearing will be held on June 7, at 7:00 p.m., and the second public hearing will be held on June 9, at 6:30 p.m. sl 9d -1 City of Southlake,Texas RESOLUTION NO. 94-15A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING DATES FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF PROPERTY INTO. THE CITY OF SOUTHLAKE, TEXAS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City Council hereby declares two (2) public hearings shall be held on the 7th day of June, 1994, at 7:00 p.m. and on the 9th day of June, 1994, at 6:30 p.m., to discuss the annexation of property more particularly described in the attached Exhibit "A" Section 2. The City Secretary is hereby authorized to have the appropriate notices published in a newspaper of general circulation within the City and within the territory to be annexed. Section 3. This Resolution shall be effective from and after its adoption by the City Council. PASSED AND APPROVED THIS THE 17TH DAY OF MAY, 1994 CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney ...... 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 corner 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 corner 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 corner 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 Recorder Tarrant Counter. 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. VouthlaWhroop.sur EXHIBIT 'B' ANNEXATION TRACT --------- --------------- -----� o_ it Q i � � J O c O N N ov of z 3 7 4 Q 6 7A48 ?AlA 4810 �� ~126 Ac ti 7A 7A 182A, Q _ U1 J 1"=200' 7A 4 � 7A L Q 7A 7A 4A 4811 yyF TRACT 8 9 182"' sT 7A o 4C L) srRF�r I 5A P SURVEY A-1510 - - - - - - 0 SURVEY A-2003 SOUTHLAKE CITY LIM1T 1B 11 28 I 17 1 Ac IA 16 10 2C 'rlr 2 - - — — — 15 - - - - - . — � 35Ac 1 Ac Z 0 9 14 C9 -- — — —.— —.—.—. Z a 3 U 13 O 6 N � - - - - ------- - - - - - - - � LLB W 12—-— 4 7 TOWS of WrJT= i 3 Vfte Cinde Suite 207 Solana Roanoke.Texas 76M l Metro(817)43DMIO *%AW May 13, 1994 Mayor Gary Fickes City of Southlake 667 North Carroll Avenue Souddake, 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 SB/lg Vd TOTAL P.02 �✓r..Va u... . u . . . u�- Va. vV.— -. . -.v .lu� a�s �� aV 1V I11.1 •V1J 1 •Va. FIELDING, BARRETr & TAYI.AR, L.L.P. Catvan E Adkins ATTORNEYS swan S.Jones Robert M.All(bon 3400 BANKONE TOWHK Wayne K.Olsen Daniel R• Barrett* 500 TIDROCKMORIX)N Min G.Sralla" Elizabeth Elam FORT WORTD{TX 7Q02-1821 J.Mark Sud&dh Dowd rrwidin` TELEPHONE(817)3U-2560 B-Allen Taylor,Jr. Josephine Carrell FAX(817)"2-4740 Jamc P.Wagner R Dwayne M Hitt Wendy Wilson Susan H.Holkiway Jeff L.Jones of counsel Analeslie Muncy Mary D.Dcanint"o "Board Certifiocl Personal lv�"Trial iaw— "Hoard Certified Civil Appellate Law— Term Board of Lead Specialization Texas board of legal Specialization Civil Trial Advocate— 4"Liconsod in Stato of nlinois and Naticxul Board of Trial Advocacy U.S.District Court for the Southern DWAict of IllinoisMay 12, 1994 Mr. Curtis E. Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Resolution Authorizing Transfer of West Park CCN and Update on Progress of Project Dear Curtis: This is to update you on the progress of getting West Park's CCN transferred On Friday, May 0, I met with Mr. Bramlett at City Hall. We attempted to locate Mr. Starr for a face-to-face discussion. However, Mr. Starr was not to be found. Mr. Bramlett told me this is the usual situation with Mr. Starr but he continues to make efforts to reach him. He also indicated that Mr. Starr appears to be having a good deal of difficulty in getting together the information that we need. Mr.Bramlett and I have concluded that continuing to wait on Mr. Starr to produce the needed information will be useless. We have concluded that we will need to bypass him as much as possible. Therefore,we will proceed as follows: 1. Mr. Bramlett will produce the map showing the service area currently served and indicating on the same map in a different color the service area, routes and connections which will be effective upon take over by Southlake. 2. I have prepared an Affidavit for Mr. Starr's signature stating that: (a) He has care, custody and control of the document.% relating to West Park; (b) Those documents do not allow him to answer several of the questions which form a part of the application; and Z'l14U. Urlf\1\L1 I ILL• Olf JJL 414V 1'IQy 1L.. J4 1V •1V IlU .Vl.J 1 VJ Mr. Curtis E. Hawk City Manager May 12, 1994 Page 2 (c) That to his knowledge there are no customer deposits and no outstanding interest due on customer deposits. 3. I have prepared a second affidavit on other matters, as required by TNRCC, which Mr. Starr must sign. 4. I have sent the Affidavits to Mr. Bramlett, and he will ask Mr. Starr to come to City Hall, and have the documents signed and notarized on the spot. 5. I have made corrections and changes on the application form. I have returned that document with my handwritten changes to Sandra Morey, along with a blank application form. I have asked her to retype the application with these changes and return it to me. & I have also asked Ms. Morey to send me a check for $50.00 made payable to Texas Natural Resources Conservation Commission for the filing fee. 7. Mr. Bramlett is taking care of sending the Model Notice to Customers which TNRCC provided. Mr. Bramlett will make certain that all customers are notified, first by trying to provide notice in person. If they are not found or notified in person then we will resort to certified mail. Notice to neighboring utilities should be by certified mail. 8. While I was at City Hall I looked through the file on this matter. I retrieved several documents which I will need to include with the application to TNRCC. These include a copy of Southlake's water rates and the contract for water services between the Trophy Club Municipal Utility District and Southlake dated February 1992. 9. I have sent an affidavit, in a form required by TNRCC, which I have requested that Mr. Whitehead sign as the representative of Southlake. A copy of that affidavit is enclosed for your review. 10. I have prepared a Resolution for passage by the City Council authorizing takeover of the system. The Resolution is enclosed. Please return 3 copies upon execution to me for inclusion with the Application. As soon as all of the above items are taken care of I will be able to send in the application to TNRCC. I do want to note, for the record, that if any of the customers of West Park ask for a public hearing before TNRCC because of the rate changes we may have to jump through the hoop of having such a hearing. qp-.z. t'�LlIV�i. 17HKKC1 1 ILL- 01f—JJL-4f4U rldy 1G .74 1U-1U 1'IU .U1J r .V4 Mr. Curtis E. Hawk City Manager May 12, 1994 Page 3 I very much appreciate the assistance of Ms. Morey, Mr. Bramlett and Mr. Whitehead on this project, Please call if you have any questions. Very truly yours, -11"W 11�c Mary E. Drake M F,D/jbs Enclosures f;%filglmd\lett=z\hawkJtr tx: Allen Taylor Wayne K. Olson Fielding, Barrett & Taylor Q�-3 OATH FOR PURCHASER OR ACQUIRING ENTITY STATE OF TEXAS § COUNTY OF TARRANT$ I, Robert Whitehead, being duly sworn, file this notice of intent to accept as Director of Public Works of the City of Southlake that, in such capacity, I am qualified and authorized to file and verify such application, am personally familiar with the documents filed with this application, and have complied with all the requirements contained In the application; and, that all such statements made and matters set forth therein with respect to applicant are true and correct. Statements about other parties are made on information and belief. I further state that the application is made in good faith and that this application does not duplicate any filing,presently before the Commission. I am also authorized and do agd�ee to be bound by and wmply with am outstanding orders of the Commission or the Attorney General which have been issued to the system or facilities being acquired and recognize that I will be subject to administrative penalties or other enforcement actions if I do not comply. Notice of this transaction was mailed or hand-delivered to each customer on 199 and to each neighboring utility on 1199 AFFIANT (Applkanrs Authorized Represontativc) If the Afflant to this form is any person other than the sole owner, partner, officer of the applicant or its attorney, a property verified bower of Attorney must be enclosed. Applicant represents that all other parties to this transaction have been furnished copies of this completed application. SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for the State and County above-named, this day of , 199` Notary Public One copy of this page must be submitted for ach utility involved in this transaction. f-V!1es\md\o8th-pur r .FIELDING, BARRETT TEL : 817-332-4740 May 12,94 lb=1U NO .U15 F .ub City of Southlake, Texas ,,. RESOLUTION NO. 94-_Z_,::1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKF., TEXAS AUTHORIZING AND DIRECTING CITY STAFF TO EXECUTE AND FILE VffM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THE "APPLICATION FOR SAIA TRANSFER OR MERGER OF A RETAIL PUBLIC UTILITY" TO TRANSFER THE CERTIFICATE OF CONVENIENCE AND NECESSITY OF WEST PARK WATER CORPORATION, NO. 12210, TO THE CITY OF SOUTHLAKL. WHEREAS, on November 10, 1993, the owners of West Park Water Corporation filed a written proposal with the City of Southlake requesting that "operation and ownership of West Park Water corporation be placed in the control of the City of Southlake" attached hereto; and WHEREAS, the West Park Water Corporation serves only the residents of West Park Mobile Home Community; and WHEREAS, the West Park Mobile Home Community is within the corporate limits of the City of Southlake; and WHEREAS, West Park Water Corporation may, if such transfer be not accomplished, cease to provide water service and the residents of the West Park Mobile Home Community would be without potable water as well as, water for fire fighting purposes; and WHEREAS, the City of Southlakc wishes to provide for all its residents a non- interrupted, safe and reliable supply of both potable water and water for fire fighting purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS, THAT. SECTION 1. City staff is hereby directed and authorized to complete, execute and file with the Texas Natural Resource Conservation Commission the "Application For Sale, Transfer or Merger of a Retail Public Utility" which is required to effect the Transfer of the Certificate of Convenience and Necessity of the West park Water Corporation to the City of Southlake along with the proper application fee of Fifty Dollars ($50.00). SECTION 2. City staff is hereby directed and authorized to send to all customers of the West Park Water Corporation and to each water utility within two (2) miles of the West Park Water Corporation Water System the "Notice of Intent to Sell or Transfer the Certificate of Convenience and Necessity' provided by the Texas Natural Resource Conservation Commission. qE -5 Resolution No. 94- Page 2 SECTION 3. City staff is hereby.directed and authorized to execute and provide to the Texas Natural Resource Conservation Commission any other additional documentation to effect the above transfer which the Texas Natural Resource Conservation may require. PASSED AND APPROVED by the City Council this the day of 1994. City or Southlake, Texas Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary 41 City of Southlake,Texas CITY MANAGER y 7- MEMORANDUM May 10, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: posed Tower/Ground Lease Agreement Attached is the proposed Tower and Lease Agreement between the City of Southlake and Metroplex Telephone Company d/b/a MetroCel. This contract was patterned after the current contract that we have with Southwestern Bell for placing an antenna at our water tower on North White Chapel. The basic deviation between the Southwestern Bell and MetroCel contract is that Southwestern Bell is a 10-year contract and MetroCel has requested a 20-year contract with four separate rental periods. We have also included in the MetroCel contract a lessor's notification period to the lessee for scheduled maintenance of the tower structure in which the lessee will have an opportunity to make other arrangements, thus permitting the City to perform whatever maintenance necessary. The 30-day notice would not apply in an emergency situation, i.e., delivery of water. A default paragraph has also been included covering the City if at any time the lessee fails to perform any duties or obligations of the contract, the lessor has a right to terminate, through written notice and the lessee fails to correct the default. For the first five-year period the annual rental would be $9,600. For the second five-year period the annual rental would be $11,040. The third five-year period would be $12,696 and the fourth five-year period would be $14,640. The lease has been reviewed by our City attorney and the attached represents that review. I have been in contact with Steve Dunaway of MetroCel. I am requesting if we approve this agreement that it be subject to MetroCel providing the Public Works Director a design for Memorandum - Curtis E. H-awk Proposed Tower/Ground Lease Agreement May 10, 1994 Page 2 attaching their antenna which has been approved by Landmark. This approval should come from Landmark's engineer and be addressed to Bob Whitehead before any attachment or construction begins. I am available for any questions or comments that you might have. 4?(fIz BC/mr Attachment IwpLVem WtroCe(2.Agm /Oa -a 19HT-Le-1774 1Jy:4Z 19tIKUl.tL ULLLULHK Z14 40'( bb>U5 t .IJb2/0Le Cell Site 207 TOWER/GROUND LEASE AGREMWENT This Lease, made this day of May, 1994, by and between Gary Fickes, Mayor, City of Southlake,acting on behalf of the CITY OF SOUTHLAKE, whose address is 667 North Carroll Avenue, Southlake, Texas 76092, hereinafter called LESSOR, and METROFLEX TELEPHONE COMPANY, a Texas general partnership, doing business as MetroCel Cellular Telephone Company, whose address is 17300 N. Dallas Parkway, Suite 1000, Dallas, Texas 75248, hereinafter called LESSEE. WHEREAS, LESSOR is the owner of that certain real property, including a water tower located thereon, lying and being situated in the County of Tarrant, State of Texas, and being more particularly described and illustrated on the pages of F,2iWbit attached hereto and made a part hereof for all purposes (the "Property"); and WHEREAS, LESSEE desires to lease antenna space on said tower and ground space for LESSEE'S equipment building and all appurtenances thereto, together with the right-of-way for ingress and egress, for the purpose of establishing a cellular telephone and radio transmission and communications facility; NOW THEREFORE, in and for the covenants, conditions, agreements and rents hereinafter set forth, the adequacy of which is hereby acknowledged, LESSOR and LESSEE agree as follows: 1. LESSOR hereby leases to LESSEE, and LESSEE takes from LESSOR, sufficient space on LESSOR'S tower to attach LESSEE'S antenna array, and approximately 350 square feet of ground space adjacent to said tower for LESSEE'S equipment building and all appurtenances thereto, as illustrated in said Exhibit A, together with the right-of-way for ingress and egress to and from said tower and equipment building. Said right-of-way for ingress and egress to be by reasonable routes in common with LESSOR across the remainder of the Property, also more particularly described in said Exhibit A. The tower antenna space and ground space described above are hereinafter referred to as the "Leased Premises" which together with the right-of-way for ingress and egress are more particularly shown on Exhibit A. LESSOR shall grant any and all easements as may be required by the appropriate electric and telephone companies for the purpose of servicing LESSEE'S equipment. In addition, LESSOR hereby grants to LESSEE the right to use additional property contiguous to the Leased Premises during construction of the cellular telephone and radio transmission and communications facility. Said additional construction easement is to be restored as near as reasonably,possible to its condition prior to the construction by LESSEE. LESSEE shall not use or permit the Leased Premises to be used for any purpose other than a cellular telephone and radio transmission and communications facility without written consent of LESSOR, said consent not to be unreasonably withheld. LESSEE shall be allowed to install, operate,maintain, replace and remove its communications equipment,and related cables,wires,conduits, antennas, air conditioniarg equipment, and other appurtenances as it may from time to tune require. Although such equipment and appurtenances may become fixtures, they shall be and shall remain the property of LESSEE and LESSEE shall have the right to remove all of them at the expiration or termination of this Lease. LESSOR hereby waives any and all lien rights it may have, statutory or otherwise with respect to LESSEE'S improvements on the Leased Premises. LESSEE shall be provided with a key to the gate and shall have full twenty-four(24) hour, seven days a week access to the Leased Premises. LESSEE covenants and agrees that it has inspected the water tower and Leased Premises and that it does not rely on any representations of LESSOR as to the condition.of the Leased Premises or water /tea- MAY-12-1994 09:43 METROCEL CELLULAR 214 407 6505 P.003i012 tower or their suitability for the purposes and use herein intended. LESSEE accepts the Leased remises in its present condition and finds it suitable for the purposes herein intended, subject to the further investigations specified in Paragraph 2 hereof. 2. LESSOR hereby grants to LESSEE the right to obtain a title report, perform surveys, soils tests, and other engineering procedures or environmental investigations on, under and over the Leased Premises necessary to determine that LESSEE'S use of the Leased Prcmises will be compatible with LESSEE'S engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). Said survey, if uiade, shall become Exhibit B to this Lease. 3. The term of this Lease shall be twenty (20) years beginning on the earlier to occur of June 1, 1994, or the date construction drawings are approved by LESSOR and Landmark Structures. Rent shall be paid in equal monthly installments on the first of each month, in advance, to LESSOR at its address in Southlake, Texas, or to such other person, firm or place as LESSOR may from time to tinge so designate in writing at least thirty (30) days in advance of any rental payment date. The first five (5) year period of this Lease shall have an annual rental of$9,600.00 to be paid in equal monthly installments as aforesaid of$800.00 per month. The second five(5)year period of this Lease shall have an annual rental of$11,040.00 to be paid in equal monthly installments as aforesaid.of$920.00 per month. The third five (5) year period of this Lease shall have an annual rental of$12,696.00 to be paid in equal monthly installments as aforesaid of$1,058.00 per month. The fourth five(5)year period of this Lease shall have an annual rental of$14,600.40 to be paid in equal monthly installments as aforesaid of$1,216.70 per month. 4. If at the end of twenty (20) years this Lease has not been terminated by either party giving to the other written notice of an intention to so terminate it at least six(6)months prior to the end of such term, this Lease shall continue in force upon the same covenants, terms and conditions, including rental payments, for a further term of one(1)year,and so on from year to year until terminated by either pally giving to the other written notice of an intention to so terminate at least six(6) months prior to the end of such term. Provided LESSEE is not in default hereunder and shall have paid all rents and sums due and payable to LESSOR by LESSEE, LESSEE shall have the right to terminate this Lease at any time after ten (10) years upon one (1) year prior written notice to LESSOR. LESSOR shall have the right to terminate this Lease at any time after ten(10)years upon one(1) year prior written notice to LESSEE. Notwithstanding anything contained herein to the contrary,LESSOR shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to LESSEE should LESSOR, in its sole discretion, determine that the water tower upon which LESSEE's equipment is to be installed should be removed or dismantled_ Notwithstanding anything herein to the contrary, any breach, default or failure by LESSEE to perform any of the duties or obligations assumed.by LESSEE under this Lease, or to faithfully keep and performs any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by LESSOR in the manner set forth in this Paragraph 4. LESSOR shall deliver to LESSEE ten(10)days prior written notice of its intention to so terminate this Lease, including in such notice a reasonable -2- �� - V MAY-12-1994 09:44 METROCEL CELLULAR 214 407 6505 P.004/012 description of the breach, default or failure. If LESSEE shall fail o: refuse to cure, adjust or correct same to the reasonable satisfaction of LESSOR within said ten(10) day period, LESSOR shall have the right, upon ten (10) days written notice to LESSEE, to terminate this Lease. Upon termination of this Lease by LESSOR, all rights,powers and privileges of LESSEE hereunder shall cease and terminate and LESSEE shall, within ten (10) days, vacate the Leased Premises and remove all of its improvements, fixtures and equipment. In the event LESSEE does not vacate the Leased Premises within said period, LESSOR may, without being deemed guilty of trespass,and without any liability whatsoever on the part of LESSOR, enter upon and take full possession of the Leased Premises and remove any and all improvements, fixtures and equipment not belonging to LESSOR that may be found upon the Leased Premises without being liable for damages. S. LESSEE'S equipment building shall be installed on a slab foundation at LESSEE'S expense and shall, at LESSEE'S option, be secured by a fence and locked gate. Said equipment building shall be owned by LESSEE and the building, slab and any fence shall be removed from the site by LESSEE within a reasonable period following the expiration or termination of this Lease. The building shall be used to house LESSEE'S communications equipment and all associated or related equipment of any type as deemed necessary or desirable by LESSEE. The building will be placed adjacent to the tower in a location satisfactory to all parties to this Lease_ Failure of the parties to agree upon a location satisfactory to LESSEE and LESSOR within a reasonable period of time after this Lease is signed by all parties hereto will serve, upon written notice from LESSEE to LESSOR, to nullify and terminate this Lease. The building, communications equipment, and related cables, wires, conduits, antennas, air conditioning equipment and other appurtenances shall be maintained by LESSEE at its sole cost and expense, for and during the term of this lease, in good condition and state of repair; 6. It is understood and agreed that LESSEE'S ability to use the Leased Premises is contingent upon its obtaizvng, either before or after the effective date of this Lease, all of the certificates, permits, and other approvals that may be required by any federal, state or local authorities (herein called "Governmental Approvals"). LESSEE shall make due and timely application for all such necessary certificates, permits and other approvals. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the proposed use thereof by LESSEE. In the event that any of such application is finally rejected or any certificate,permit, license or approval issued to LESSEE is canceled or otherwise withdrawn or terminated by any governmental authority so that LESSEE in its sole discretion will be unable to use the Leased Premises for its specified purposes, or if, based on the result of any environmental investigation or inquiry, LESSEE determines that the condition of the Leased Premises is unsatisfactory, LESSEE shall have the right to terminate this Lease_ LESSEE shall have the right to terminate this Lease upon ninety (90) days written notice to LESSOR if the Leased. Premises are or become unacceptable under LESSEE'S design or engineering specifications for its cellular telephone and radio transmission and communications facility. In addition, LESSEE shall have the right to terminate this Lease immediately upon written notice to LESSOR if the Leased Premises, or the tower or the cellular telephone and radio transmission and communications facility are destroyed or damaged so as in LESSEE'S reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of notice of such damage or destruction. Notice of any termination under this Lease shall be given to the LESSOR in writing by certified mail_ Mental shall be paid by LESSEE for the lease of the Leased Premises up to said termination date. -3- /6':� --6- MAY-12-1994 09:44 METROCEL CELLUAR 214 407 6505 P.005i012 Upon any such termination, this Lease shall become null and void, and the parties shall have no further obligations, including the payment of money, to each other. 7. Only qualified and adequately insured agents, contractors or persons under LESSEE'S direct supervision will be permitted to climb the tower structure or to install or remove LESSEE'S antennas and/or transmission lines from the tower. LESSOR retains the right to permit its own employees and agents and employees and agents of subsequent users of the tower structure to climb the tower structure for the purpose of repair and maintenance or for any other purposes that do not interfere with.the LESSEE'S use of the tower, and so long as such subsequent users comply with the provisions of Paragraph &A. of this Lease. LESSOR shall notify LESSEE sixty (60) days prior to performing any scheduled maintenance on the tower structure and inform LESSEE of the nature and duration of said maintenance. In the event LESSEE determines that said maintenance will interfere with LESSEE'S operations, LESSEE shall be permitted to erect a temporary tower on the Property in a location satisfactory to both LESSEE and LESSOR for the duration of said maintenance and shall promptly remove the temporary tower upon LESSOR'S completion of said maintenance. LESSOR shall not be required to notify LESSEE before performing any emergency maintenance required on the tower structure. 8_ LESSEE covenants and agrees that LESSEE'S equipment, its installation, operation and maintenance will: A. Not interfere with the operation of existing radio equipment at the tower site, whether operated by LESSOR or other operators prior to installation of LESSEE'S antennas and/or transmission lines on the tower. LESSEE shall coordinate with LESSOR and all other operators of radio equipment at the tower site to insure that LESSEE'S frequencies and antenna locations will be compatible with said existing radio equipment. In addition, in the event LESSOR desires to install additional radio equipment at the water tower site in the future, LESSEE agrees to take all reasonable measures to eliminate any interference with said radio equipment, however, in no event shall LESSEE be required to move its antennas or equipment on the tower site or the equipment building. In the event there is harmful interference to said electronic equipment, LESSEE will promptly take all steps necessary to identify the problem, and, if caused by LESSEE'S equipment, to take all reasonable steps to eliminate said harmful interference within ten (10) days after notice from LESSOR or such other operator to LESSEE advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, LESSEE agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then LESSEE shall remove its building and equipment from LESSOR'S property and this Lease shall hereupon be terminated. During the term of this Lease or any extension thereof, LESSOR shall not permit other cellular telephone operators, to place or operate any equipment which would interfere with LESSEE'S equipment or operations on the Property or Leased Premises. LESSOR shall cause that all subsequent users of the tower structure to fast coordinate with LESSEE to ensure that their frequencies and antenna locations will be compatible with LESSEE'S and to agree to a clause similar to this Paragraph S.A. herein, promising to immediately eliminate harmful interference if said user's radio equipment should interfere with that of the LESSEE herein. S. Comply with all applicable rules and regulations of the Federal Communications -4- MAY-12-1994 09:45 METROCEL CELLULAR 214 407 6505 P.006i012 Commission, and electrical codes of City and/or State. Under this Lease, the LESSOR assumes no responsibility for the licensing, operation and/or maintenance of LESSEE'S radio equipment, antennas, transmission lines or attachments. 9. 1f all or any part of the Leased Premises, or if all or any part of the LESSOR'S land underlying the cellular telephone and radio transmission and conuounications facility or roadway to the Leased Premises is taken by eminent down or other action by jurisdictions having the legal right to take said lands, and if said taking in the sole discretion of LESSEE renders the Leased Premises unusable for its intended purpose, then, at LESSEE'S option, this Lease may be declared null and void and of no further force and effect and there shall be no further payment of rents except that which may have been due and payable at the tune of said taking. 10. LESSEE shall indemnify LESSOR and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage due to the negligence or willful misconduct of LESSEE or LESSEE'S agents, employees, or invitees which may arise out of LESSEE'S lease of the Leased Premises and its operations thereon. 11. LESSEE will carry during the term of this Lease the following liability insurance with customary coverage and exclusions: Bodily Injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any one occurrence. Property Damage: $1,000,000.00 for damage as a result of any one accident. All insurance policies furnished under this provision shall naive LESSOR as an additional ix=ed. LESSEE agrees to furnish LESSOR with certificates of insurance certifying that LESSEE has in force and effect the above specified insurance. 12. LESSEE shall have a separate power meter installed for its electric service and LESSEE shall pay all costs related to said electric service. 13. LESSOR shall be responsible for all ad valorem takes and taxes attributable to LESSOR'S personal property that may from time to time be levied on the property described in this Lease. LESSEE shall be responsible for any and all taxes levied directly upon its personal property and equipment, including LESSEE'S equipment building. 14. Any sale by the LESSOR of all or part of the Leased Premises shall be under and subject to this Lease and LESSEE'S rights hereunder. 15. LESSEE represents, warrants and agrees that it will conduct its activities on the Leased Premises in compliance with all applicable Environmental Laws (as defirted in attached Exhibit Q. LESSOR represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any environmental, federal, state, county or municipal laws, ordinances,orders, regulations or other environmental requirements affecting the Leased Premises. LESSOR represents and warrants that, to the best of its knowledge, the Leased Premises have never been used for the disposal of Hazardous Substances as defined in Exhibit C attached hereto. LESSOR shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous -5- MHY-12-1994 09:46 METRUCEL CELLULHH 214 407 6505 P.007i012 Substance, not caused by LESSEE, that have occurred or that may occur on the Property, arising from LESSOR'S activities on the Property. LESSEE agrees to defend, indemnify and hold LESSOR harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that LESSOR may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment arising from LESSEE'S activities on the Property- LESSOR agrees to defend, indemnify and hold LESSEE harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,judgments and attorney's fees that LESSEE may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from LESSOR's activities on the Property during this Lease. 16. LESSOR covenants that LESSEE, on paying the rent and performing the covenants by it herein made, shall and may peaceably and quietly have, hold and enjoy the Leased Premises under the terms and conditions specified in this Lease. 17. This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. ,Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. 18. All notices hereunder must be in writing and shall be deemed validly given if sent by certified snail, postage prepaid, addressed as shown below (or to any other address that the panty to be notified may have designated to the sender by like notice): LESSEE: MetroCel Cellular Telephone Company 17300 N. Dallas Parkway, Suite 1000 Dallas, Texas 75248 Attn: Program Manager with a copy to: McCaw Cellular Communications, Inc. Attn: Elizabeth L. Wallin Southwest Region Legal Department 14900 Landmark Drive, Suite 400 Dallas, Texas 75240 LESSOR: City of Southlake Gary )~ickes, Mayor 667 North Carroll Ave. Southlake, Texas 76092 19. At LESSOR'S option, this Lease shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or part of the Leased Premises or right-vf-way, provided, however, every such mortgage shall recognize the validity of this Lease in the event of a foreclosure of LESSOR'S -6- `Da -0 I'IH T-lam'-'ly'y4 4TJ:4b ME 1 HUCEL CELLULHN 214 407 6505 P.008/012 interest and also LESSEE'S right to remain in occupancy of and have access to the Leased Premises as long as LESSEE is not in default of this Lease. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Leased Premises is encumbered by a mortgage, LESSOR immediately after this Lease is exercised, will obtain and furnish to LESSEE, a non-disturbance instrument for each such mortgage in recordable form. 20. Upon notice to LESSOR, LESSEE may assign this Lease to any person controlling, controlled by, or under common control with LMEE,or any person or entity that, after first receiving FCC or state regulatory agency approvals, acquires LESSEE'S radio comamnieatlons business and assumes all obligations of LESSEE under this Lease. Upon such assignment, LESSEE shall be relieved of all liabilities and obligations hereunder and LESSOR shall look solely to the assignee for performance under this Lease and all obligations hereunder. All other assignments of this Lease must be approved by LESSOR, which approval will not be unreasonably withheld. 21. This Lease shall extend to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. 22. For the purpose of providing constructive notice hereof.LESSOR and LESSEE hereby agree to execute a Memorandum of Lease Agreement, in recordable form and LESSEE shall have the same recorded in the land records of the aforesaid county and state. 23. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Leased Premises and has full authority to enter into and execute this Lease. 24. It is hereby mutually agreed and understood that this Lease contains all agreem=ts,promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall or will be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition to, variation or modification of this Lease shall be void and ineffective unless in writing signed by the parties hereto. 25. LESSEE represents that it is a Texas general partnership, and is authorized to enter into this Lease. IN WITNESS WHEREOF, the parties hereto have set their hand executed this Lease as of the date first above written. LESSOR: CITY OF SOUTI-ILAKE By: Gary Fickes, Mayor City of Southlake Tax Id. No. LESSEE: METROPLEX TELEPHONE COMPANY dba MetroCel Cellular Telephone Company By: David Needham,President and General Manager /vim 1'1Hr-12-1994 09:47 METROCEL CELLULAR 214 407 6505 P.009i012 Corporate Acknowledgment Metroplex Telephone Compz ay Acknowledgment STATE OF TEXAS § THE STATE OF TEXAS § COUNTY OF TARRANT § COUNTY OF DALLAS § Before me, a Notary Public in and for said Before me, Nancy B. Kopea, a Notary Public state,personally appeared Gary Fickes, known to me to in and for said state, personally appeared David be the Mayor of the City of Southlake, the corporation Needham, known to me to be the person whose name that executed the within and foregoing instrument, and is subscribed to the foregoing instrument,and!mown to acknowledged the said instrument to be the frx and me to be President and General Manager of Metroplex voluntary act and deed of said corporation for the uses Telephone Company, a Texas general partnership,dba and purposes therein mentioned,and on oath stated that MetroCel Cellular Telephone Company, and he was authorized to execute said instrument. acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, Given under my hand and seal of office this and as the act of said partnership. day of May, 1994. Given under my hand and seal of office this day of May, 1994. NOTARY PUBLIC My commission expires: NOTARY PUBLIC My commission expires: May 28, 1997 ruti i-l�-lyy4 ey:4'r I'It I KUCtL CtLLUL.HK 214 407 6505 P.010/012 F—VMBIT A to the Tower/Ground Lease Agreement dated May �, 1994, between the CITY OF SOLn HLAKE, as Lessor, and METROPLEX TELEPHONE COMPANY, d/b/a MetroCel Cellular Telephone Company, as Lessee DESCRIPTION OF PROPERTY AND LEASED PREMISES -1- Mtz.INUC:LL (,LLLULHK G14 40( b�UD t .1711ib1G EXffiBIT B (W to the Tower/Ground Lease Agreement dated May _, 1994, between the CITY OF SOUTHLAKE, as Lessor, and METROPLEX TELEPHONE COMPANY, d/b/a MetroCel Cellular Telephone Company, as Lessee SURVEY -2- I'IH i-1G-1774 U'7.4( 111C.1 KUI,GL I..CLLULP4C G14 40 f UD U`7 f.UllG/✓J14 EXMIT C to the Tower/Ground Lease Agreement dated May,, 1994, between the CITY OF SOUTHLAKE, as Lessor, and METROPLEX TELEPHONE COMPANY, d/b/a MetroCel Cellular Telephone Company, as Lessee Environmental I.�ws As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including,but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, er seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and.Liability Act, 42 U.S.C. $§ 9601, er seq., the Toxic Substances Control Act, 15 U.S.C. H 2601, et seq.,the Oil Pollution Control Act, 33 U.S,C. §§ 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive EnvironmenW Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time w time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. -1- `rr TOTAL P.012 r City of Southlake,Texas MEMORANDUM May 11, 1994 TO: Curtis E. Hawk,Ci'ly-Manager FROM: Greg Last, Community Development Director Bob Whitehead, Public Works Director SUBJECT: Authorization for staff to submit the City of Southlake element of the 1995 Transportation Improvement Program (T.I.P.) Attached please find a marked up draft of the 1995 T.I.P. as revised by staff. The form was provided by TxDOT based on previous 1994 submittals. They have asked that we just mark-up their form to make it easier for them to make corrections. Staff has prepared this T.I.P. and previous ones based on priorities of the Road Task Force and Council's direction during previous discussions on street improvements. The major change in the projects listed is that TxDOT has asked that we eliminate all projects which are not "regionally significant". Notice that several have been eliminated. It is likely that these cost estimates will be further refined pending design of the projects. Another change is that the cost estimates have been revised to better reflect total cost of the project. In previous T.I.P submittals, staff utilized cost data prepared by the Road Task Force which did not include estimates for R.O.W. acquisition, utility relocations and drainage improvements. These costs have now been estimated and included. It is likely that these cost estimates will be further refined pending design of the project. Please place this item on the next Council to seek authorization for staff to submit the Southlake element of the 1995 T.I.P. Please contact either of us should you have any questions. GL/bls enc: Letter from TxDOT Dated 4/18/94 Staff Mark-Up of 1995 T.I.P. Submittal C AWPF\MEMO\STAFF\TIP.GL /O6- / Texas Department of Transportation. REGIONAL PLANNING OFFICE 910-A N. WATSON ROAD •ARLINGTON,TX 76011-5262•(817)640-6031 April 18, 1994 An Equal Opportunity Employer TO: STTC Members & Other TIP Respondees O APR 2 61994 FROM: Mark A. Young, P.E. SUBJECT: 1995 TIP—Roadway Element Attached are TIP report pages for projects listed as your responsibility. These pages are in the approved statewide format. Please modify these pages with deletions, modifications or additions and return them to this office before May 19, 1994. In order to convert last year's data to the new format, I had to make several assumptions. Please inspect your pages carefully. Pay special attention to the county name, city name, work description, total cost and letting date fields. The formulas I devised for conversion may not have worked for all cases. Additionally, federal regulations published last fall add the following: • Only projects deemed "regionally significant" need be listed for informational purposes and air quality analysis. Therefore, those projects which are only "locally significant" may be deleted. • The TIP will be financially constrained by year and include a financial plan. Projects for which you have not secured funding should be deleted. • Major projects from the previous TIP that were implemented are to be listed. Please note projects in the attachments which have been completed or let to contract. • Identify any significant delays in the planned implementation of major projects. Please make a separate listing page explaining the reason or reasons for delay. By agreement with the Transportation Planning & Programming Division of TxDOT, this region must submit a draft TIP by June 1 , 1994 for "financial restraint" review. Your cooperation is appreciated. Sincerely, Mark A. Youn , P.E. Regional Pla ing Engineer MAY/taw Attachment 106—o Dallas-fort Worth Regional Transportation Study Transportation Improvement Program Projects sorted by AGENT District Name or Description Proj. ID Federal Anticipated Letting Date County Location (from) F. Class State City Location (to) Lanes Local. CSJ Description of Work Length Total Revision Comments FORT PEYTONVILLE AVE. SOU 18 $ 0.0 S TARRANT CONTI SOUTHLAKE .3 MILE S. OF 350.0 AB.,SAFETY AND BETTER 0.7 S FORT WORTH WHITE CHAPEL BLVD. SOU 19 $ 0.0 SE"996- 5 E P 1114 TARRANT CONTINENTAL BLVD. COLLECTOR S 0.0 SOUTHLAKE +9VE-&T- S.H.114 2/5 $ 5 6 S.O MAJOR REHAB.,SAFETY AND BETTER 3.0 2.0 $ 0.0 FORT WORTH WHITE CHAPEL BLVD. SOU 24 $ 0.0 5 E P I9 clL+ TARRANT CONTINENTAL BLVD. COLLECTOR $ 0.0 SOUTHLAKE COLLEYVILLE C-L 2/4 S 6 7.0 47e-0.5 $ 0.0 FORT WORTH CONTINENTAL BLVD. SOU 13 $ 0.0 SEP1996 TARRANT DAVIS BLVD./F.M.1938 COLLECTOR $ 0.0 SOUTHLAKE WHITE CHAPEL BLVD. 2/5 $ 600,0 MAJOR REHAB.,SAFETY AND BETTER 1.8 $ 0.0 FORT WORTH P ONVILLE RD. SOU 26 $ 0.0 SEP1997 TARRANT DOVE RD. COLLECTOR $ 0.0 SOUTHLAKE RAVEN BEND BLVD. 2/4 S 294.0 1.2 $ 0.0 FORT WORT OAKS DR. SOU 28 $ 0.0 TARRANT nFM1709 D. COLLECT SOUTHLAKE 65.0 2.0 $ 0. FORT WORTH WHITE CHAPEL BLVD. SOU 23 $ 0.0 SEP1997 TARRANT DOVE RD. COLLECTOR $ 0.0 SOUTHLAKE BOB JONES RD. 2/4 $ 3Z S.O 2.0 $ 0.0 FORT WORTH CARROLL AVE. SOU 22 $ 0.0 S E P 19 Q$ TARRANT FM 1709 COLLECTOR $ 0.0 SOUTHLAKE CONTINENTAL .BLVD. 2/4 S 41.0 1.0 $ 0.0 FORT WORTH KIMBALL AVE. SOU 25 $ 0.0 S E P 19 9`t TARRANT FM 1709 COLLECTOR $ 0.0 SOUTHLAKE CONTINENTAL BLVD. 2/4 $ Z$2.0 1.0 $ 0.0 FORT WORTH RANDOL MILL/F.M. 1938 SOU 27 $ 0.0 SEPT 19q 9 TARRANT FM 1709 COLLECTOR $ 0.0 SOUTHLAKE NORTH CITY LIMITS 2/5 $ 5 6 4.0 2.0 $ 0.0 FORT WORTH ND ST. SOU 16 $ 0.0 S TARRANT KIMBALL AV . 0 SOUTHLAKE SHADY OAKS D 60.0 AB.,SAFETY AND BETTER 2.5 S 0. FORT WORTH NG RD. SOU 29 $ 0.0 TARRANT ;SH1:1 .0 SOUTHLAKE JONES RD .0 0.8 $ 0.0 FORT WORTH BRUMLOW AVE. SOU 11 $ 0.0 T u N M 5 TARRANT SH 26(GRAPEVINE RD.) COLLECTOR $ 0.0 SOUTHLAKE CONTINENTAL BLVD. 2/4 $ 17 3,0 MAJOR REHAS.,SAFETY AND BETTER 0.8 $ 0.0 April 18, 1994 Regional Planning Office at Arlington Page 92 /�,6-,5 Dallas-Fort Worth Regional Transportation Study Transportation Improvement Program Projects sorted by AGENT T District Name or Description Proj. ID Federal Anticipated Letting Date County Location', (from) F. Class State City Location (to) Lanes Local CSJ Description of Work Length Total Revision Comments FORT WORTH CARROLL AVE. SOU 12 $ 0.0 SEP1994 TARRANT SOUTHLAKE BLVD./FM 1709 COLLECTOR $ 0.0 SOUTHLAKE VJRMf1�. DoV E R O. - 2/5 $ \�O G 3.0 MAJOR REHAB.,SAFETY AND BETTER 2.0 $ 0.0 FORT WORTH KIMBALL AVE. SOU 17 $ 0.0 U L- �9ct L+ TARRANT SOUTHLAKE BLVD./FM 1709 COLLECTOR $ 0.0 SOUTHLAKE S,A, 114 2/5 $ 391.0 MAJOR REHAB.,SAFETY AND BETTER 1.4 $ 0.0 FORT WORTH DOVE ST. SOU 15 $ 0.0 SEP1996 TARRANT SOUTHLAKE/WESTLAKE C.L. COLLECTOR $ 0.0 SOUTHLAKE WHITE CHAPEL BLVD. 2/5 $ ees.oZ 3 6,0 MAJOR REHAB.,SAFETY AND BETTER 0.5 $ 0.0 FORT WORTH CONTINENTAL BLVD. SOU 13 $ 0.0 M AY 19`14 TARRANT WHITE CHAPEL BLVD. COLLECTOR $ 0.0 SOUTHLAKE CARROLL AVE. 2/5 $ 114 4,0 MAJOR REHAB.,SAFETY AND BETTER 1.3 $ 0.0 FORT WORTH DOVE ST. SOU 14 $ 0.0 SEP1996- Vq9 4 TARRANT WHITE CHAPEL BLVD. COLLECTOR $ 0.0 SOUTHLAKE KIMBALL AVE. 2/5 S R 4 9.0 MAJOR REHAB.,SAFETY AND BETTER 2.2 $ 0.0 TOTALS FOR AGENT: SOU S 0.0 18 PROJECTS April 18, 1994 Regional Planning Office at Arlington Page 93 /Z,�- - City of Southlake,Texas MEMORANDUM May 13, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Funding for the Construction of Approximately 750 Feet of East Continental I have been working with the developers of both The Dominion and Timarron to reach an agreement for the paving of East Continental adjacent to The Dominion. Timarron has reconstructed the street from South White Chapel to the west property line of Dominion and Timarron is starting to reconstruct the street from the east side of The Dominion east towards South Carroll Ave. The Dominion is on the north side of East Continental and an unplatted section of Timarron is on the south side. The Dominion has paid their Perimeter Road Fee of about $7,000 and in a meeting on May 12, 1994, they committed to fund an additional $16,000 or approximately 50% of the cost of paving the 750 feet of East Continental. Timarron's phased development is not budgeted for this section, however; they have designed the street and propose to add to their existing contract to build the street this summer. Currently we, the City, can only require a developer to pay $50,000 a mile for a perimeter road. The Dominion has paid their fee but is willing to fund additional costs to accomplish a reconstructed road. Timarrron has in all their phases, as East Continental was adjacent to their development, funded and constructed the reconstruction of East Continental including the intersection at South White Chapel. The estimated cost of this reconstruction is $46,000 to $50,000. A firm price w' be deter during the Tuesday, May 17th Council meeting. ®'�'v The proposal to City Council is: 1. The City would fund one half of the street plus the $7,000 contributed into the ter Road Fund by Dominion. The total funded from the Perimeter Road Fund would be up to $25,000 (one-half of the total) plus $7,000 (Dominions contribution to the Fund) for a total of $33,000. 2. The Dominion would contribute an additional $16,000 for a total of $23,000 for their one-half cost of the street. 3. Timarron would design (City review and approval) and extend their current street contract to actually construct East Continental early summer 1994. Timarron would also /DC- � Curtis E. Hawk, City Manger Funding East Continental May 13, 1994 Page 2. reimburse the Perimeter Road Fund their required share when they plat the development adjacent to this section of street. Because of the timing of this construction on the Timarron section to begin May 16th, a decision by Council on May 17th is necessary to accomplish this paving utilizing the current contractor. BW City of Southlake,Texas CITY MANAGER MEMORANDUM May 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator SUBJECT: Potential Rezoning of Properties Attached is the list of potential rezonings discussed at the City Council meeting on April 5, 1994. Staff has attempted to prioritize the list (exclusive of Group #1) as to high, medium, and low priority. For those properties designated as high and medium priority, Staff has recommended a zoning district which would bring the property into compliance with the Land Use Plan. Group #1, located in the southeastern portion of the city, will be considered by the Planning and Zoning Commission on May 19, 1994 with an anticipated hearing before the City Council on June 7, 1994. Should you have questions regarding any of the listed tracts, please call either me or Karen Gandy, at extensions 750 and 743, respectively. 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V l4 Mw b mH •d cv .-I m -A U rn M CQ w o O 44 .A o z o fd -H •a i.) m 41 'd m d 13 ab � •-Id�Q O4o U o U U W $ 00 m roO A aH a ro U m $4 rI W m W 4 4 m a ro U °I co co O N .-1 N .0 U 3 a x a° City of Southlake,Texas SUPPLEMENT TO THE REGULAR CITY COUNCIL MEETING: MAY 17, 1994 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 P.M. AGENDA 9. Resolutions (continued) E. Resolution No. 94-24, Authorizing Transfer of West Park Certificate of Convenience and Necessity (CCN) to City of Southlake and Authorizing Bob Whitehead, Director of Public Works, to execute affidavit to make Application and act as Representative for City of Southlake. CERTIFICATE I hereby certify that the above agenda was posted on the Official Bulletin Boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, May 13, 1994, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. F„S,o,U,,, l" Sandra L. LeGrand �y " i�'City Secretary 1 y� CITY OF SOUTHLAKE ... RETAIL PROJECT Costs - Revenue Projections COSTS Project Amount Street Improvement Kimball - south of 1709 $110,000 Kimball - 114 to 1709 (5 lane) $357,000 Traffic Signals $ 80,000 Total $547,000 Funding Source General Fund Balance - 175,000 General Fund (county road) 51,675 General Fund (W. Chapel bridge) 50,000 Total $276,675 Remainder from General Fund Interim loan from Fund Balance $270,325 ------------------------------------------------------------------------------------------------------------------ :Vater Lire 11:7- ersion Water Line $125,000 Sewer Line Extension N-4 Basin $500,000 FundingSource ource Impact Fees $625,000 ANTICIPATED ANNUAL REVENUES Property Tax est 126,000 sq ft bldg C $40/sf _ $5,000,000 x $.455/$100 $22,750 Sales Tax est annual sales $32,500,000 (1%) General Fund $325,000 (1/2%) Parks $162,500 Total annual revenue $510,250 May 17, 1994 walstor2mpd Qw �I :01�11111 XI ;j 1,104 '31,0I0,11 ,,s,.�'t (1 MAY 161994 OFFICE OF CITY MANAGER 6,6124 -- -_ -- -- - - - s N&-sz 4 y _--- � T � p v_ Nv �d � Z May 12. 1994 Mr. Curtis Haw es - City Manager - Southlake You seem to be real busy - so I thought a fax might be a good communication method. I have an idea worth consideratigtV It has to do with initiating a commercial development plan for 1709 between Carroll and Davis. Alot of the neighborhoods in our group would appreciate the opportunity to get involved in contributing to the planning and future development of 1709. My thoughts were: 1. allow a group of us to conduct a survey of residents to determine 'specific business and services most desired 2. utilizing current master plan and zoning - design commercial areas that will proper buffer residential areas and concentrate businesses in most suitable areas We could work under your supervision or Mrs. Barlow. There is alot of resident interest in such a project and a wealth of experience. After completing the project, Southlake could recruit targeted businesses for occupancy. The benefit to all of us: 1. a valuable contribution to future successful commercial development 2. work would be performed on a volunteer basis at no cost to city - none of our workers are commercial landowners, builders or developers - no conflicts 3. Southlake commercial development would begin much quicker and according to a predetermined plan that was supported by the residents most directly affected 4. This type of city-resident cooperation should project to businesses an environment that would encourage their participation After consideration, please call me (457-8080) and tell me your thoughts on the idea. Sincerely, I�e Gary-Hargett r City of Southlake May 12, 1994 Mayor: Gary Fickes Mayor Pro Tem: VIA FACSIMILE Jerry Farrier Councilmembers: Barry K.Emerson Gary Hargett W.Ralph Evans Stephen W.Apple Sr. 1125 S. White Chapel Jon Michael Franks Southlake, Texas 76092 Andrew L.Wambsganss City Manager: Dear Mr. Hargett: Curtis E.Hawk City secretary: Thank you for your telefax. Sorry that I was either out of the office or on Sandra L.LeGrand another line when you called. The City is currently working on a Corridor Study of the F.M. 1709, F.M. 1938, and S.H. 114 corridors. The corridor study will take into consideration the current master plans, as well as issues such as developability, architectural character, the environment, and City image. The portion of F.M. 1709 between SouthRidge Parkway and Carroll is not included in the corridor study, however, because there are very limited opportunities for commercial development in this area. The bulk of the properties identified in the Land Use Plan as appropriate for commercial development in this area have already been zoned in compliance with the Land Use Plan. The study has been in the process for several months. Once the study is completed, the findings and/or recommendations will go to the P&Z Commission for review and further recommendation to be presented to City Council. Land use in the corridor, including the area not in the study, will be reviewed at this time. This process is in keeping with provisions of our Home Rule Charter. I anticipate having a joint work session with the P&Z and City Council prior to a formal consideration at P&Z. Community input will be sought during this stage of the process. I also anticipate a series of public hearings at P&Z in order to provide an opportunity for input from the entire community. Dates of the public hearings will be advertised through the normal sources (e.g., City newsletter, newspapers, etc.) and through the S.P.I.N. Neighborhood Councils. Your contribution to the process will be appreciated. 667 North Carroll Avenue• Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER" i , Gary Hargett May 13, 1994 Page 2 Again, thank you for your interest in the City of Southlake. We always welcome community suggestions. I will forward your comments to the City Council. Sincerely, Curtis E. Hawk City Manager CEH/kb City of Southlake,Texas MEMORANDUM May 17, 1994 TO: City Council Members FROM: Gary Fickes, Mayor SUBJECT: Mayor Pro Tem and Deputy Mayor Pro Tem It is my recommendation that Jerry Farrier be reappointed to the position of Mayor Pro Tem and that Jon Michael Franks serve as Deputy Mayor Pro Tem with terms to expire May 1995. /lc MAY 1 6 OFFICE OF CITY MANAGER 101,452 CIO,- r N A Ac- -- -- -'-��---moo --- �-- — --�o-s- '-�- ------ - --- - -v 2cz ��., �,l v� _��.-�� -- _sue_ —lAos•.`�------- --- -- so�_ � p v 1 lv �d � z I?ECErVED M AY t a 1994 ---------------- --- -------- -GIT-Y--SEC R ETh_ b �-- � � - -2- � en co C�� April 20, 1994 Southlake Police Department 667 N. Carroll St. Re: Quarterly report Southlake, Texas 76092 File # : To whom it may concern, Here are the stats for your city pertaining to animal control, O1/01/94 THRU 04/01/94 . CALLS FOR SERVICE: 25 ANIMALS SHIPPED TO THE SPCA: 12 ANIMALS CLAIMED BY OWNER: 8 TOTAL ANIMALS RECEIVED: 20 TOTAL IMPOUND FEES: $180 . 00 ESTIMATED FEED COST: $45 . 00 Sincerely, Thomas A. Martin Chief of Police Mario Rodriguez Animal Control Supervisor City of Southlake, Texas RESOLUTION NO. 94 d - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING AND DIRECTING CITY STAFF TO EXECUTE AND FILE WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THE "APPLICATION FOR SALE, TRANSFER OR MERGER OF A RETAIL PUBLIC UTILITY' TO TRANSFER THE CERTIFICATE OF CONVENIENCE AND NECESSITY OF WEST PARK WATER CORPORATION, NO. 12210, TO THE CITY OF SOUTHLAKE. WHEREAS, on November 10, 1993, the owners of West Park Water Corporation filed a written proposal with the City of Southlake requesting that 'operation and ownership of West Park Water corporation be placed in the control of the City of Southlake" attached hereto; and WHEREAS, the West Park Water Corporation serves only the residents of West Park Mobile Home Community; and WHEREAS, the West Park Mobile Home Community is within the corporate limits of the City of Southlake; and WHEREAS, West Park Water Corporation may, if such transfer be not accomplished, cease to provide water service and the residents of the West Park Mobile Home Community would be without potable water as well as, water for fire fighting purposes; and WHEREAS, the City of Southlake wishes to provide for all its residents a non- interrupted, safe and reliable supply of both potable water and water for fire fighting purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS, THAT: SECTION 1. City staff is hereby directed and authorized to complete, execute and file with the Texas Natural Resource Conservation Commission the "Application For Sale, Transfer or Merger of a Retail Public Utility" which is required to effect the Transfer of the Certificate of Convenience and Necessity of the West Park Water Corporation to the City of Southlake along with the proper application fee of Fifty Dollars ($50.00). SECTION 2. City staff is hereby directed and authorized to send to all customers of the West Park Water Corporation and to each water utility within two (2) miles of the West Park Water Corporation Water System the "Notice of Intent to Sell or Transfer the Certificate of Convenience and Necessity" provided by the Texas Natural Resource Conservation Commission. V Resolution No. 94- Page 2 SECTION 3. City staff is hereby directed and authorized to execute and provide to the Texas Natural Resource Conservation Commission any other additional documentation to effect the above transfer which the Texas Natural Resource Conservation may require. PASSED AND APPROVED by the City Council this the day of 1994. City of Southlake, Texas Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary FAfncs\nia\rout City of Southlake, Texas " MEMORANDUM May 10, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Public Forum, May 17th, City Council Mrs. Kim Niedson, 1201 Whispering Lane Re: Sanitary Sewer to Her Home Thursday, May 5th, Mrs. Niedson and I discussed the availability and procedures for her home at 1201 Whispering Lane to be connected to a sanitary sewer. The home is located in the Whispering Dell Estates and the sewer planned for the subdivision has an estimated cost of $4,692.00 per lot (Attachment A). Mrs. Niedson's property, 1201 Whispering Lane, is located on the south side of Whispering Lane adjacent to North Carroll Ave. There is a "gravity" sanitary sewer along the east side of North Carroll Ave. You may recall, earlier this year we attempted to negotiate with the owner of 1201 Whispering Lane to allow for the widening of North Carroll Ave. These negotiations were unsuccessful as the owners wanted the value of the land taken; a new decorative fence; a new driveway; and the sanitary sewer connection. We consequently had Cheatham and Associates redesign the street to avoid any property taking from 1201 Whispering Lane. Mrs. Niedson questions the "fairness of" the City in that she has a sanitary sewer adjacent to her property and feels she should not be required to contribute to a neighborhood sewer. She expressed a desire to discuss this with the City Council at their May 17th meeting. (�31— BW wp files\memos\neidson.wl r' CHEATHAM & ASSOCIATES 1170 CORPORATE DR. WEST, #207 ARLINGTON, TEXAS 76006 ENGINEER'S ESTIMATE SHEET 1 OF 1 JOB NO. 001-402 CITY OF SOUTHLAKE SANITARY SEWER TO SERVE WHISPERING DELL ESTATES DATE:JUNE 11,1993 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY PRICE COST 1. 6" SDR 35 8'-10' TRENCH L.F. 1200 15.50 $18 600.00 2. 6" SDR 35 10'-12' TRENCH L.F. 1200 . 18.50 $22 200.00 3. STD 4' DIA. MANHOLE EA. 6 950.00 $5 700.00 4. EXTRA DEPTH MANHOLE V.F. 25 100.00 $2 500.00 5. 4" SHORT SIDE SERVICES EA. 19 250.00 $4 750.00 6. 4" LONG SIDE SERVICES EA. 20 350.00 $7 000.00 7. STD CLEAN OUT EA. 2 350.00 $700.00 8. CONCRETE DRIVE REPAIR L.F. 450 25.00 $11 250.00 9. HMAC STREET REPAIR L.F. 150 20.00 $3 000.00 10. REPLACE EXIST. CULVERTS L.F. 350 20.00 $7 000.00 11. BORE STREET/DRIVES L.F. 175 30.00 $5 250.00 12. CRUSHED STONE EMBEDMENT C.Y. 450 10.00 $4 500.00 13. BORE 4" SERVICES L.F. 600 20.00 $12 000.00 14, LIFT STATION COMPLETE L.S. 1 25000.00 $25 000.00 15 4" PVC FORCE MAIN L.F 1000 10.50 $10 500.00 16 FENCING/SITE WORK L.S. 1 5000.00 $5 000.00 SUBTOTAL CONST. COST $144,950.00 OWNER: CITY OF SOUTHLAKE ENGINEERING $15 000.00 SURVEYING $7 500.00 CONTINGENCY $15 550.00 TOTAL PROJECT COST $183 000.00 PREPARED BY: EDDIE CHEATHAM COST PER LOT $4 692.00 Lane 3 3A1G4 --- - -—58 3 3.A l l •. 581 A IN LIFT STATION z 3AIG1 a - J-- 3AIG5 W G } W PROPOSED �' � 3A182 3A1G3 w co 3A1 C p w P 0 ICE MAIN SURVE A-15 4A1 4A lA Q W C2 5 3A1 C1 4A JACK D. Z 3A102 4F3A I JOHNSON 3A1D1 5 ELEMENTARYt 3 � �G A1A J s AR} P x z I4H 4G W z - - - 5Gl 3A EAST HIGHLAND STREET 1C lO1RO 1F 1F1 CIR E3 I ON V 1F A SCH OL ' i WHISPERING DELL ESTATES 11 lc � I r 1 k W I L G�OC� G� GAD CQDn May 13, 1994 Mr . Allen Bogard, City Manager City of Keller Keller, TX 76244 Dear Mr . Bogard, . h for the time you gave me in regard to my Thank you very muc problems with the city of Keller and for your prompt letter of id for some thirty years I thought that I was in reply. As I said, ller . My illusion was the general area of the city of Ke reinforced by the facts that I had Keller telephone and water service and that the Keller fire dep t . had for years given me protection and that I resided in the Keller school district. I had always told everyone that I lived in Keller . Just a few short years ago that illusion was shattered when I began to be a tax paying citizen of southlake . Now I find myself in a "catch 22" between Keller and southlake city governments . I need sewer service to my property and southlake tells me to go see Keller because there is a Keller sewer line in my vicinity. Then I go to Keller and they tell me to go to southlake and get that city government to contract for the sewer service I need. When I go back to southlake they tell me that the only service I can get is from Keller . Then I go that they cannot deal with me as back to Keller and they tell me an individual, that they can only deal with another government. To complicate this matter further, I find from the city of Southlake that before they permitted a Keller sewer line to be constructed into the corporate limits of Southlake there was negotiated an interlocal agreement between Southlake and Keller city administrators whereby my area was to be served by the Keller sewer line . I am told that Southlake ratified the agreement but that the city administration in Keller never let the agreement go to the city council for ratification. In our conversation you told me that you were the "gate keeper" to the city council in Keller and that only those items which you wished to go on the agenda could be considered . I have tried for two weeks to get on the agenda for the May 17, 1994 city council meeting to present the interlocal agreement which your city administration negotiated with Southlake . It appears that a contract in which I have a financial interest of some $831, 000 . 00 is about to be aborted because I cannot get the existing interlocal agreement between Keller and Southlake before your Mayor and Council for their ratification. Granted, Southlake, in good faith, permitted the Keller sewer line to be constructed into their city in the full expectation that the city administration in Keller would act with equal integrity. Even your planning for sewer service as published in the Keller Citizen shows your city as providing service to this area of Southlake . Southlake has acted in good faith. I have petitioned your city for the service which you agreed to provide . Your stated position places my financial interest in jeopardy. My problem is not at this time with your elected city officials but is one of administration. If you as the "gate keeper" would let me take the previously negotiated interlocal agreement to your elected Mayor and Council then I do not believe that we would have any insurmountable problem. Your reconsideration of my petition for sewer service to be provided to my property is requested . I will be represented at your May 17th council meeting by Mr . Brian Harveston and Mr . Robert Sandlin who currently have a financial interest in the future of my property to which I am referring. Sincerely, s l Royal E. Smith, Ph.D. 300 Timber Trail Southlake, TX 76092 Tel . 379-6909 cc : Keller Mayor and City Council Curtis Hawk, City Manager, City of Southlake Mike Barnes, Director Public Works, City of Keller Robert Whitehead, Director Public Works, City of Southlake a� ' 1M 1 NOS 3 w� NT K. U as t o 3b9 . 4 bQ a ^ s 4 r�1//� .�. '... h Nl L34 Q r a ... Q+ • PRO Avn Ns 1-7'^ ' 0 �4 S Gq � ❑ `�� "d .El � � a '�jJ '7,�j::GL. �I . 144. lu r rjf :� if S > Q �•=t x 3 . •� u � ' 2_ INTERLOCAL COOPERATION AGREEMENT FOR THE PROVISIONS OF SANITARY SEWER SERVICES STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered .into by and between the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Southlake") , the City of Keller, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Keller") and the Keller Independent School District, a political subdivision of the State of Texas (hereinafter referred to as "K. I.S.D. ") . WHEREAS, Article 4413 (32c) of the Revised Civil Statutes of Texas, authorizes school districts and cities in the State of Texas to contract with and between one another for the providing of various governmental functions and services, including those in the area of public health and sanitation; and WHEREAS, K. I.S . D. has located Florence Elementary on a tract of land lying within the corporate limits of the City of Southlake; and WHEREAS, the City of Southlake does not currently have a sanitary sewer collector main located within an acceptable distance of the Florence Elementary School campus; and WHEREAS, Florence Elementary School is currently treating its wastewater through a package treatment plant rather than through connection to a public type sanitary sewer system; and WHEREAS, the Board of Trustees of K. I.S. D. has determined that - 1 - it would be more efficient and &ppropriate to discontinue use of a package sewer treatment plant and to ensure that all wastewaters generated on the Florence Elementary School campus are processed through a public equivalent sanitary sewer system; and WHEREAS, the City of Keller has a sanitary sewer collection main lying within an acceptable distance of the campus of Florence Elementary School ; and WHEREAS, the City of Keller has agreed to extend sanitary sewer collection and treatment service to the Florence Elementary School campus if K. I.S. D. bears the cost of installing the necessary public works improvements to connect the Florence Elementary School campus to the appropriate point on the Keller sanitary sewer system; and WHEREAS, the City Council of the City of Southlake has agreed to permit K. I .S. D. to .connect its Florence Elementary School campus to the City of Keller sanitary sewer system under the terms and conditions set forth below; and WHEREAS, the cities of Southlake and Keller and K. I .S. D. have reached agreement on the method by which this provision of sanitary sewer service will occur and have determined that it is appropriate to memorialize this agreement in a written instrument. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: The City of Southlake, the City of Keller and K. I .S . D. , for the mutual consideration herein after stated, agree as follows: I. K. I.S.D. hereby grants the City of Southlake a twenty (20) foot wide permanent utility easement and a fifty (50) foot wide - 2 - temporary constructs-)n -easement from Johnson Road to the K. I.S.D. existing package treatment plant for the purpose of allowing - the installation of a gravity sewer line. A legal description of the easements to be conveyed is attached hereto and incorporated herein for all purposes as Exhibit "A" to this Agreement. II . K. I.S.D. agrees to pay all costs associated with the engineering, design and construction of the gravity sewer line connecting the existing Florence Elementary School campus to the City of Keller sewer collection system. III. The City of Southlake shall have the right to review and approve the construction plans and the alignment of the gravity flow sanitary sewer line to be constructed by K. I.S.D. under the terms and conditions of this Agreement. The City of Southlake will inspect the construction of the line for those portions of the line lying within the corporate limits of the City of Southlake. The City of Southlake will not charge K. I .S. D. the normal three percent (3%) inspection fee customary for this service. IV. The City of Keller will not charge a sewer pro rata or impact fee for any connections made by any individual or party to the gravity sanitary sewer line constructed within the corporate limits of the City of Southlake pursuant to this Agreement. The City of Keller may charge such pro rata or impact fees as it deems necessary or appropriate for any portions of this line lying outside the corporate limits of the City of Southlake. It is - 3 - understood,by" and between the parties to this Agreement that the City of Southlake shall retain the right to authorize such connections, as it deems appropriate within the corporate limits of the City of Southlake. V. At the completion to construction of the gravity sanitary sewer line which forms the basis of this Agreement, K.I.S.D. will dedicate the line to the City of Southlake and the City of Southlake will maintain the portion of sewer line that is within the public rights-of-way or utility easements dedicated to the City of Southlake from this time forward. VI. The City of Southlake will read the water meters each month on all customers of any type within the City of Southlake who have connected to the gravity sanitary sewer line extension which forms the basis of this Agreement and shall transmit the readings to the City of Keller on a monthly basis. The City of Keller will bill the City of Southlake for each sewer connection on a monthly basis based upon the system of charges that the City of Keller levies upon its own system for the provision of comparable service excluding pro rata charges and impact fees. The City of Southlake agrees that it will pay bills received for the provision of sanitary sewer service to residents and businesses located physically within the corporate limits of the City of Southlake within fifteen (15) days following receipt of same. VII. This Agreement and any of its terms and provisions, as well - 4 - as the rights and duties of the parties hereto shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. VIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. IX. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or orders extending said authority have bee duly passed and are now in full force and effect. EXECUTED in multiple originals this the day of 1992 . CITY OF SOUTHLAKE BY: - 5 - SUBSCRIBED AND SWORN TO BEFORE ME on this day of 1992 . Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name APPROVED AS TO FO D LEGALITY: Attorney for th-49 City Southlake CITY OF KELLER BY: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney KELLER INDEPENDENT SCHOOL DISTRICT BY: APPROVED AS TO FORM AND LEGALITY: Attorney for Keller Independent School District slake\florence.agr 6 - EXHIBIT A UTILITY EASEMENT BEING a tract of land situated in the J.G. ALLEN SURVEY, ABSTRACT NO. 18, -in the City of Southlake, Tarrant County, Texas and being situated in a called 10 acre tract of land as described in a Warranty Deed from Royal E. Smith, Jr. and wife, Marilyn Smith to the Keller Independent School District as dated May 2nd, 1974 and filed May 7th, 1974 in the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows : BEGINNING at a point for corner, said point being the southwest corner of said 10 acre tract, said point also being in the north line of CIMMARRON ACRES, an Addition to the Cit of Southlake, Texas, according to the Map thereof in Volume 388-181 at Pa& 008 of the Plat Records of Tarrant County, Texas; THENCE North, departing said north line of CIMMARRON ACRES and along the west line of said 10 acre tract, for a distance of 260.0 feet to a point for corner; THENCE East, departing said west line of the 10 acre tract, for a distance of 57. 14 feet to a point for corner; THENCE South for a distance of 260.0 feet to a point on the south line of said 10 acre tract, same being on the north line of said CIMMARRON ACRES; THENCE West, along the south line of said 10 acre tract and the north line of said CIMMARRON ACRES, for a distance of 57. 14 feet to the POINT OF BEGINNING; CONTAINING 14,856 square feet or 0.341 of an acre of land, more or less. Prepared By: Owen Ayres & Associates, Inc. _ eDM Geary Bai ey CHARY s,c.f"y .. Registered Pro onal Land Su vey No. 4573 �'•� • 0 4-573 T:.= ssI` S.U. JOHN SO N ROAD COUNTY ROAD NO. 4091 SURVEY LINE EAST 914.5' Q Q O = (Y W J a Z � O Q s; W 3� Q =h SCALE: I"=yoo- F- U_ CC F h 0 ' J O � h U ; h = fr O W U � q � h W O � 4 � W O 4 2 CC C J \� J• P� EAST 5 7.14' 0 oI 0. O I (D (D N N f-O I F- 0 Z � POINT OF BEGINNING WEST LOT 3 LOT 41 S7.14� LOT I w 0-1 CIMMARRON ACRES 0 J O GRAY LANE 1 LOT 2 a UTILITY EASEMENT ,,,� ASSOCIATES i CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 ( 817 ) 481-5581 > FAX TRANSMITTAL SHEET DATE : S \ i DELIVER• X\"-c TELECOPY NUMBER: 2 c TELECOPY FROM: TOTAL NUMBER OF PAGES INCLUDING COVER PAGE:_ ADDITIONAL MESSAGE : �� , Cl- OUR TELECOPY �BER- 817-481-5581 Ext. 754 Please wait for the operator to answer before entering the Extension No. 754 . PERSON SUBMITTING REQUEST TO DISPATCHER/TRANSMITTOR DISPATCHER/PERSON TRANSMITTING TELECOPY: f IF THERE IS A PROBLEM IN TRANSMISSION PLEASE CALL ( 817 ) 481-5581 Ext . 742 i Y' 1 City. of Southlake December 9, 1992 Mayor: Gary Fickes Mayor Pro TemWilhelm Richard W.Wilhelm Mr. Jerry Culbertson Director of Operations Councilrnernbers: KELLER INDEPENDENT SCHOOL DISTRICT Barry K.Emerson 328 Loraine Jerry Farrier Keller, Texas 76248 Stephen W.Apple Sr. Jon Michael Franks Michael J.O'Brien Re: Interlocal Sewer Agreement City Manager: Dear Mr. Culbertson: Curtis E.Hawk Z,ity secretary: Attached are three (3) copies of the Interlocal Sewer 5andraL.LeGrand Agreement as agreed upon. Please have the appropriate person sign all three copies of the agreement and forward to the City of Keller for their signature. If you have any questions, please contact me. Sincerely, q�� /'4 Michael H. Barnes, P. E. Director of Public Works MHB/lc Attachment: 3 Interlocal Agreements c t»pfilC U&%ffx dsd_scw.adr 667 North Carroll Avenue• Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER' COPY City of Southlake • CITY MANAGER May 13, 1994 ayor: ary Fickes ayor Pro Tem: Mr. Bill Sheveland rry Farrier Asset Strategies Group wncilmembers: 3185 Golden Oak irry K.Emerson Dallas Texas 75234 .Ralph Evans ephen W.Apple Sr. fl Michael Franks Subject: West Beach Addition - City of Southlake idrew L.Wambsganss ty Manager: Dear Mr. Sheveland: irtis E.Hawk ty Secretary: This letter is in response to your request concerning the current status of the indra L.LeGrand above referenced addition in the City of Southlake. Following are the major issues related to the current status of this property. ANNEXATION: The northern portion of this property (approximately 1,284 acres) was annexed on May 17, 1988 and the southern remainder was annexed on December 6, 1988. These areas were brought into the city under the "AG" Agricultural zoning district. NON-CONFORMING STATUS: Any structures and uses that exist within this Addition were legal non-conforming when annexed into the city. This status will remain until such time as the use is discontinued for a period of six months or more or the structures become substandard or are deemed to violate other public health, safety, and welfare ordinances requiring code enforcement action which may eliminate the structures. PLATTED STATUS: This property was platted prior to annexation. Our records indicate that it was apparently filed in three sections in Denton County. • November 1953 - Volume 2, Pg. 30 • April 1954 - Volume 2, Pg. 34 • 1954 - Volume 395, Pg. 586 CURRENT ZONING: The property is currently zoned "AG" Agricultural (see attached summary). This zoning district allows agricultural uses such as farms and ranches, residential uses accessory to the agricultural use and community facility uses such as fire and police stations. This district also requires a minimum platted lot size of 10 acres. The typical lot size in the Addition is 5000 to 6,000 square feet. 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER' CURRENT STREET STATUS: Although the property has been platted and R.O.W. dedication has been shown on the plat, the city does not accept any dedications until all street improvements have been installed per city. Streets in this Addition have never been constructed so this R.O.W. does not qualify as public streets. The perimeter street on the west (White Chapel Blvd.) is currently a two-lane asphalt street which is public. This section is not in our current street bond program for improvement and no improvements are currently planned. WATER AVAILABILITY: There is an existing 12" water line in White Chapel Blvd. along the west line of the property. There used to be a private water system within this Addition which served a few of the lots, however, the state shut the operator down for health and safety reasons. The city at that time installed an emergency 2" water line to approximately twelve (12) accounts to maintain their service. It is not the city's intention to allow any further connections or to extend this line further in the Addition. EXISTING SANITARY SEWER: There currently is not a public sanitary sewer system within the Addition. There also is not a public sewer available in the area. There is a lift station approximately one mile off-site to the southwest which serves the Solana development. It is owned and maintained by the Trophy Club Municipal Utility District No. 1 (MUD). The service to Solana in Southlake is provided via a two party interlocal agreement between the MUD and Southlake. FUTURE SANITARY SEWER: The City of Southlake has a master plan for the development of sanitary sewer systems throughout the city. Recently the majority of residential development has taken place in the southern half of the city due to the availability of a TRA regional sewer line that serves the southern area. The referenced Addition is in the northern half of the city. Long term plans show a series of lift stations and force mains for this area with eventual transfer via force main roughly along S.H. 114 to the TRA Denton Creek wastewater treatment plant. The city is currently paying for capacity in this facility. The cost to develop this force system are great and it is the city's intention to wait for developments to install significant portions as a part of their developments. The timing of these improvements is distant and difficult to estimate. LAND USE PLAN: The future Land Use Plan designates this area as a "Medium Density Residential" category. This includes all single-family residential development less than one acre in lot size but would also include lots of one acre or larger. DEVELOPMENT STATUS: No building permits for residential use will be approved until the property is granted an appropriate zoning classification and plats are approved in accordance with the zoning district regulations. Additionally, numerous lots throughout the Addition are in separate ownership which prevents uniform development. The record title to many of these lots is clouded and several lots may be subject to claims of adverse possession. TAXES: Delinquent taxes are owing on several lots in the Addition. Tax collection lawsuits have been filed by Denton County, the school district, and the city on most of these lots. I hope that this provides you with the information you desire. Sincerely, C Greg Last Community Development Director GL/bls cc: Curtis E. 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W o W qq o ti W o Q U o xL-C k?�L r-Cw u u u v o O�O H y a U 0 0 y .-� U 4 m U .-� Z �C y W 3 3 c.1 3-•+3 H o.a K cC[a.ta. a Z z o d N O J PJ ti N 2 a -y N n P •-, N ^, N 4 4 q C �, U o o U ~ SECTION 9 "AG" AGRICULTURAL DISTRICT 9 . 1 PURPOSE AND INTENT - The purpose of the "AG" Agricultural District is to provide for compatible land, building and structure uses primarily oriented to agricultural farming and ranching, and extremely low density residential purposes. The district may also serve as (1) a transitional land use element pending future, more intensive urbanization; (2) open space for the protection and enhancement of scenic areas, vistas, and recreational uses; and (3) low density development where unusual or problematic soils, topographic conditions or sensitive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization. 9 . 2 PERMITTED USES a. Agricultural Uses - Farms, ranches, orchards, truck gardens, nurseries for the growing of plants and similar agrarian activities involving the growing of plants and raising and pasturing of livestock, including accessory feeding pens but not commercial feeding pens, provided that no operation shall be obnoxious or offensive. b. Residential Uses 1 . Single family detached dwellings housing the owner or operator of the agricultural use upon which said dwelling is situated or to be situated, provided the site area allocation to said residential dwelling use shall not be less than one (1) acre. 2 . Supplemental single family detached dwelling used exclusively for the housing of full-time employees employed on the premises for the express purpose of managing or operating the agricultural use or uses of the owner residing on the same tract of land. C . Community Facility Uses - City hall, fire and police stations and other municipal uses . 9 . 3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 9 .4 SPECIFIC USE PERMITS - Specific use permits may be. approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section- 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together 9-1 J with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C. ) 9 . 5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable : a. Height : No building or structure shall exceed two and one-half (2 1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than forty (40) feet. C. Side Yard: There shall be a side yard of not less than twenty-five (25) feet . d. Rear Yard: There shall be a rear yard of not less than forty (40) feet. e . Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding ten (10) percent of the lot area. There shall be no specific limitation other than the ten (10) percent lot coverage requirement on the construction of accessory buildings . f . Lot Area: The minimum area of a lot shall be four hundred thirty-five thousand six hundred (435, 600) square feet . g. Lot Dimensions : Each lot shall have a minimum width of three hundred (300) feet and a minimum depth of five hundred (500) feet. h. Floor Area: The main residence shall contain a minimum of one thousand five hundred (1, 500) square feet of floor area. i . Maximum Residential Density: The maximum number of dwelling units per acre shall be 0 . 10 . 9 . 6 NON-RESIDENTIAL STATUS - For purposes of calculating any required side yards, set backs, heights or other buffering or similar provisions, this zoning category is not to be considered a residential classification. 9 .7 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any, and all conditions required in Section,44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special 9-2 exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480- D. ) 9-3 CITY OF SOUTHLAKE RETAIL PROJECT Costs - Revenue Projections COSTS Project Amount Street Improvement Kimball - south of 1709 $110,000 Kimball - 114 to 1709 (5 lane) $357,000 Traffic Signals $ 80,000 Total $547,000 Funding Source General Fund Balance - 175,000 General Fund (county road) 51,675 General Fund (W. Chapel bridge) 50,000 Total $276,675 Remainder from General Fund Interim loan from Fund Balance $270,325 ------------------------------------------------------------------------------------------------------------------ Water Line Extension Water Line $125,000 Sewer Line Extension N-4 Basin $500,000 Funding Source Impact Fees $625,000 ANTICIPATED ANNUAL REVENUES Property Tax est 126,000 sq ft bldg @ $40/sf _ $5,000,000 x $.455/$100 $22,750 Sales Tax est annual sales $32,500,000 (1%) General Fund $325,000 (1/2%) Parks $162,500 Total annual revenue $510,250 May 17, 1994 walstor2.wpd City of Southlake, Texas SUPPLEMENT TO THE REGULAR CITY COUNCIL MEETING: MAY 17 1994 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 P.M. AGENDA 9. Resolutions (continued) E. Resolution No. 94-24, Authorizing Transfer of West Park Certificate of Convenience and Necessity (CCN) to City of Southlake and Authorizing Bob Whitehead, Director of Public Works, to execute affidavit to make Application and act as Representative for City of Southlake. CERTIFICATE I hereby certify that the above agenda was posted on the Official Bulletin Boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, May 13, 1994, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. hkf 04 A o,F,.S,O,IJ ' Sandra L. LeGrandy City Secretary ac: 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. 480-109 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 26.711 ACRE TRACT OF LAND OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, BEING TRACT 2C AND A PORTION OF TRACT 5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and 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 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 iinmediate 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 approximately a 26.711 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, being Tract 2C and a portion of Tract 5, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF-1A" Single-Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above C/ORD/480 109 Page 2 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 affir~ned. 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 heroin. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. C/ORD/480. lifo Pagc 3 __day of , 1994. 1994. PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the __ day of MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C/ORD/480.109 Pagc 4 EXHIBIT "A" Being a 26.711 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being the tract of L'md conveyed to Peggy .H. Denton, recorded in Volume 10366, Page 2208, County Records, Tarrant Couuty, Texas. Said tract being more particularly described as follows: Beginning at a 5/8" iron with cap set at the southwest comer of Lot 4, Block i, Harbor Oaks, an addition to the City of Southlake, Texas, as recorded in Volume 388-135, Pages 11 and 12, County Records, Tarrant County, Texas, and also being in the north line of Lot 1'6, Block A, Quail Creek Estates, an addition to the City of Grapevine, Texas, as recorded in Volume 388- 118, Pages 92 and 93, said County Records. Said 5/8" iron is the most easterly southeast comer of said Price Survey, the most westerly southwest comer of the lohn Childress Survey, Abstract No. 254, and in the north line of the J. L. Chivers Survey, Abstract No. 348, all in Tarrant County, Texas. Thence S 89 degrees 10 minutes 58 seconds W with the ~outh line of said Denton Tract, departing with the north line of Quail Creek Estates, 620.77 feet to a Corps of Engineers concrete monument with brass plate (all monuments hereinafter are so marked) stamped C231-5, being the most easterly southeast comer of a tract of land conveyed by deed to the United States of America, recorded in Volume 2378, Page 567, said Deed Records; Thence along the easterly line of said United States of America Tract (Grapevine Reservoir), and the westerly line of said Denton Tract the following courses and distances: N 00 degrees 39 minutes 49 seconds W, at 4.05 feet past the north line of Quail Creed Estates and continuing in ail 939.77 feet to Mon. No. C231-4; N 89 degrees 22 ~ninutes 01 seconds E, 499.73 feet to Mon. No. C231-3; N 18 degrees 13 minutes 56 seconds W, 673.70 feet to Mom No. C231-2 (monument broken) ou tile ninth line of said Denton Tract; Thence S 89 degrees 27 minutes 50 seconds W with the north line of said Denton Tract, 129.08 feet to a Corps of Engineers concrete monument with brass plate stamped 233-6; Thence along a line of United States of America (Grapevine Reservoir) the following courses and distances: N 17 degrees 29 minutes 57 seconds W, 879.44 feet to Mon. No. 233-5; S 78 degrees 19 minutes 22 seconds E, 435.29 feet to Mon. No. 233-4; S 87 degrees 11 minutes 17 seconds E, 226.29 feet to Mom No. 233-3; lq 89 degrees 16 minutes 30 seconds E, 54.59 feet; Thence S 00 degrees 43 minutes 30 seconds E with tile west line of said Harbor Oaks, the east line of said Denton Tract, and said common survey line 2315.46 feet to the Point of Beginning and containing 26.711 acres of land. C/ORD/480.109 Page 5 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 ~PHPER ORX. ID .MA~?ERiLc~ AS 1[~ 1R8V~ ~, yATBRsATC2 ~)TF LNA~.D 1021d7T, O~ PORTION OF TRACT 5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and 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 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 Pagc I 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 thc community. NOW, TItEREFORE, 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 approximately a 1.18 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, a portion of Tract 5, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF-1A" Single-Family Residential District. Page 2 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, ~norals 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 furore; 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. 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 C:\ORD\ZONING\480.118 Pagc 3 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 APPROVED AS TO EORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Pagc 4 EXHIBIT "A" Being a 2.978 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being more particularly described as follows: Beginning at a % H iron found in the east line of said Price Survey and the west line of the John Childress Survey, Abstract No. 254, said iron also being S IX) degrees 43 minutes 30 seconds 12, 16.97 feet from the northwest corner of Lot 10, Block 2, Harbor Oaks, an addition to the City of Southlake, Texas, as recorded in Volume 388-135, Pages I1 and 12, County Records, Tarrant County, Texas, and being the southeast comer of a tract of land conveyed by deed to David W. George, recorded in Volume 2203, Page 822, Deed Records, Denton County, Texas; Thence S 00 degrees 43 minutes 30 seconds E with the west line of said llarbor Oaks and said common survey line 253.25 feet to a 3/8" iron found, at the northeast comer of a tract of land to Peggy lt. Denton, recorded in Volume 10366, Page 2208, Deed Records, Tarrant County, Texas; Thence S 89 degrees 16 minutes 30 seconds W, 54.59 feet to a Corps of Engineers concrete monument with brass plate (all monuments hereinafter are so marked) stamped 233-3; Thence along a line of United States of America (Grapevine Reservoir) the following course and distance; N 52 degrees 55 minutes 42 seconds W, 250.46 feet to Mom No. 233-2; N 27 degrees 00 minutes 0t3 seconds W, 109.20 feet to a 5~8" iron found at the southwest comer of a tract of land conveyed by deed to David W. George, recorded in Volume 2203, Page 822 Deed Records, Denton County, Texas. Thence N 27 degrees 00 minutes 58 seconds W, 247.10 feet to an iron rod; Thence N 88 degrees 55 minutes 27 seconds E, 408.15 feet to an iron rod; Thence S 01 degrees 16 minutes 59 seconds E, 53.95 feet to an iron rod; Thence S 01 degrees 17 minutes 53 seconds E, 150.94 feet to an iron rod; Thence S 00 degrees 48 minutes 33 seconds E, 17.32 feet to the Point of Beginning and coataining 2.978 acres of land. Page 5