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1994-05-03 CC Packet ` City of Southlake,Texas MEMORANDUM April 29, 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 3, 1994 1. Agenda Item No. 7A. Ordinance No. 480-117 (ZA 94-26) Second Reading. Rezoning for 1.006 acre tract at 1840 North Kimball Ave. There have been no changes since City Council's approval on first reading. Note in the memo from Zoning Administrator Karen Gandy that applicant received the variance from ZBA to place septic system on less than one acre lot(lot will net 0.98 acres after r.o.w. dedication). Also, a one-lot plat showing has been submitted. 2. Agenda Item No. 7B. 2nd Public Hegfing regarding annexation of 0.361 acres on Dove Road at Higgins Branch. 3. Agenda Item No. 7C. Resolution No. 94-19, Authorizing City Attorney to draft annexation ordinance for the above referenced item, will if approved, lead to the first reading of the annexation ordinance on May 17, 1994 Council meeting. 4. Agenda Item No. 8A. Resolution No. 94-17 (ZA 94-22) Specific Use Permit for sale of alcoholic beverages for Timarron Golf Course and Clubhouse. A revised drawing was not submitted. There are no major issues in the plan review, although Timarron has requested City Council delete the bufferyard comment (#3 on review letter). Note the letter from Steve Yetts in response to questions/concerns expressed by City Council during the last City Council meeting_ There will be a representative from Mobil present to answer any additional questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 29, 1994 Page 2 5. Agenda Item No. 8B. Ordinance No. 480-116 (ZA 94-25) 1st Reading Rezoning and Concept Plan - Yates Corner. This item was tabled at last Council meeting. The applicant has amended original B-2 request to SP2, allowing for mini-warehouse storage. Note review letter comment #1 requiring platting in conformance with zoning. Should this request be approved on 1st reading, the applicant would have to table the second reading until such time as a plat, in conformance with zoning, could be approved concurrently. The applicant has not shown any boat/RV storage as requested by Council. John Levitt has verbally said that they will commit to no outside RV or boat storage. This will need to be in the motion. 6. Agenda Item No. 8C. ZA 94-29, Revised Preliminary Plat of Farrar Addition situated between S.H. 114, the proposed extension of Kimball Avenue, and F.M. 1709. Note applicant is Adams Consulting Engineers, not Wal-Mart. I spoke with John Clark, Real Estate Manager for Wal-Mart, Wednesday afternoon who assured me they are committed to the project, subject to obtaining the necessary approvals from the City. They do not want to make any announcement until the approvals are received. 7. Agenda Item No. 8D. Ordinance No. 480-119, (ZA 94-30). First Reading, rezoning and site plan for Commerce Business Park. Note the second Plan Review dated 4/29/94. Final grading (item 3) will be resolved prior to issuance of a building permit. They are also apparently requesting waiver of their bufferyards since they are not showing them on their plan. Note the informational comment concerning escrow funds for Market Loop. This R.O.W. was dedicated with the plat, however, the road was never constructed. Our concern is that all lots east of Market Loop may develop without contributing towards the cost of Market Loop. It will be a great hardship on the lots fronting on Market Loop when we require the construction of the road prior to issuance of a building permit. Staff is not aware of any ordinance requiring the construction of the road since the development does not front on Market Loop. We have in the past required construction of streets across the full frontage of a lot. We also do not feel that the perimeter street fee would apply in this situation. That fee is typically required of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 29, 1994 Page 3 "developments," although the subdivision ordinance would technically classify this as a development. We will research this issue with the legal staff prior to the Council meeting. 8. Agenda Item No. 8E. ZA 94-31. Plat Revision for Commerce Business Park. Note again the staff comments concerning the construction cost of Market Loop. If the funds are not escrowed, our only options if the street is to be constructed in the future, may be for the City to pay half (or the future developer to pay all), or to have some sort of assessment paving. 9. Agenda Item No. 8F. Ordinance No. 480-120 (ZA 94-32). Note the second Plan Review dated 4/29/94. No major problems with the review. They will have to modify grading (item 6) prior to issuance of a building permit. Note on item 7 (bufferyards) that staff recommends the east bufferyard be installed with phase 1 and the south bufferyard with phase 2. P & Z recommended both bufferyards and all interior landscaping be installed with phase 2. Staff does not have a problem with this option either. 10. Agenda Item No. 8G. Resolution No. 94-18 (ZA 94-33) S.U.P. for tower exceeding 65' in North Davis Business Park. Note that this item references the same site plan as utilized in ZA 94-32 above. Any items discussed in 94-32 should also be referenced in a motion for this case. 11. Agenda Item No. 8H. Ordinance No. 480-121 (ZA 94-34). lst Reading, Truelove rezoning at northeast corner of Shady Oaks and F.M. 1709. Recall that ordinance 480-M eliminated the requirement for approval (by P & Z and CC) of a Concept Plan prior to the issuance of a building permit for this type of case. The applicant has a concept of his intentions that he presented at P & Z and will probably present to Council. This will not tie him down into a plan conforming to his presentation. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 29, 1994 Page 4 12. Agenda Item No. 8I. Ordinance No. 480-122 (ZA 94-35) 1st Reading rezoning AG to SF-lA, 5 acres, Bob Jones Road. There does not appear to be any unresolved issues related to this request. 13. Agenda Item No. 8J. Ordinance No. 604. lst Reading, changing volume rate for water usage, is as discussed during the mid-year review with our water rate consultant. The ordinance in your packet is from a fax sent by the attorneys. We will have a clean copy by Tuesday night. 14. Agenda Item No. 9A. Resolution No. 94-20, relates to the issuance of bonds to be supported by the half-cent sales tax. Note the agenda for the SPDC special meeting at 5:30 p.m. Tuesday evening, prior to the City Council meeting. 15. Agenda Item No. 10A. Amended developers agreement for Timarron-Brenwyck. Recall that the 30 lots in question were approved by City Council on Preliminary Plat 10/6/92, and approved on Final Plat by P&Z on 11/04/93. Note that the engineering plans have been approved and the infrastructure is being constructed. The inspection fees are at 1.5% for these lots because they are part of the project in the development agreement previously approved by City Council. We anticipate changes in future phases. OTHER ITEMS OF INTEREST 16. It's a record! As of 3:00 p.m., Friday, April 29, sixty (60) building permits have been issued this month. This exceeds Southlake's previous record of 59 set in July 1993 and December 1993. In April 1993 we had 39 SF permits. This statistic is consistent with information we received from NCTCOG with regard to 1994 population estimates. Estimates show that Southlake's compound annual growth rate (1990-94) is 10.66% -- the third fastest growing city in the metroplex, just behind Frisco (16.68%) and Flower Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 29, 1994 Page 5 Mound (14.20%). The growth rate from January 1993 to January 1994 was 19.5%. Concerning area growth and how we compare. Note the attached article from today's Dallas-Morning News. 17. Note the Guideline for Residential and Commercial Construction. This booklet was developed by the Building Inspection Division for the purpose of advising builders of what is expected for permit submittal and inspections procedures. 18. Severe Weather Updates. Please note in the memos from Billy Campbell, Director of Public Safety, that the DPS has been actively involved in providing assistance to the.City of Lancaster in the aftermath of Monday night's tornado. Personnel have assisted in providing security around Lancaster's downtown district, and transferring collections of food, clothing, etc. to the victims. High winds caused some damage within Southlake's city limits, as noted in the memo from Campbell, but no injuries were reported. 19. Structure Fire -470 Brooks Court. FYI --The memo from Billy Campbell describes the details of the above referenced structure fire. 20. Change Order No. 1 - Water System Improvements at Pearson Road and Alta Vista Booster Pump Stations. The request for this change order was not unexpected, and you will note in the attached letter from Bill Lohrke, Cheatham and Associates that the engineers have recommended approval of this change order. Since this is a budgeted item, is within the original estimate, and the request falls below the benchmarks of spending limits, I have authorized the change order. 21. Timarron Phase I Pavement Replacement. I have orally expressed your concerns to Steve Yetts, Timarron Land Corporation, but have not yet provided him with a letter because I wish to visit with the attorneys prior to getting him anything in writing. We will be meeting with the attorneys on several issues Tuesday morning. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 29, 1994 Page 6 22. Metroport Showcase. The Metroport Showcase was held Friday morning at the Solana Education Center. You will recall that this showcase, sponsored by Metroport Cities Partnership, featured Ross Perot, Jr., Hillwood Development Corporation, Richard Kuhlman, Maguire Thomas Partners, and Rick Wilhelm, and gave the eight Metroport cities an opportunity to highlight the qualities of the area to commercial brokers. Approximately 40 people were in attendance, and it appeared that the presentations were well received. ' 23. SPDC Public Hearing. The SPDC will be meeting at 5:30 p.m., just prior to the Council meeting on Tuesday to hold a public hearing to discuss park expansion plans, to consider a resolution authorizing the issuance of bonds, and to open bids for the competitive sale of the bonds. On a related note, the bond rating agencies have informed us that we received the investment grade ratings of BBB (Standard & Poor) and Baa (Moody's) for this issuance. We received these good ratings in part because of our history of prudent financial management. 24. Keep Southlake Beautiful, Certification as Keep America Beautiful System. The KAB certification report has been submitted to the national office as the final step in attaining recognition as a KAB affiliate. A two hour KSB Board of Directors' training meeting is tentatively scheduled for late May with the certification ceremony to follow. We will provide you further details as they become available. 25. A copy of the April newsletter -- highlighting the Mid-Year Review -- is attached. The newsletter should be mailed to Southlake households by the middle of next week. 26. Joint Utilization Committee projects continue. As mentioned last month, the JUC is currently working on an agreement to outline the details of the design, construction, and use of the gymnasium to be built at Carroll Middle School. FYI -- we are working to develop temporary soccer practice fields at the new school site on Shady Oaks. We have received a complaint from a nearby property owner, and are currently working to address Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 29, 1994 Page 7 his concerns. I will be meeting with Bill Branum on Tuesday afternoon to discuss field layout options. 27. City Zoning Case No. L. Staff has advertised the rezoning in the newspaper and will be sending notices on April 29, 1994 to the affected owners and those owners within 200' (see attached sketch of rezoning area). We have been verbally told that the Ragan's and Mrs. Farrar will oppose the zoning, but that their objections may be hinged on the resolution of the Ragan water tower issue. Concerning,Ragan water tower, staff has discussed the need for the tower with the Ragans. They have expressed their objections and an alternative involving a 5-acre park in conjunction with the water tower location. We will pursue further discussions and bring you up to date at the meeting. Note: Staff will be bringing forward at the May 17 Council meeting, another request for your next preference in rezoning in conformance with the 1993 L.U.P. We can provide recommendations for you to consider if you would like us to. 28. FYI. Turnout for early voting has been low. As of 5:30 this evening, 139 have voted, of which 23 were today. 29. Remember the F.M. 1709 ribbon cutting at 2:00 p.m., Monday, May 2, on parking lot at TNB. 30. Concerning the Wall Street overpass at F.M. 1709 and S.H. 114, we are asking the state to look at the turning lane patterns on/off the bridges to see if traffic flow can be improved. VH/kb City of Southlake,Texas CITY MANAGER y MEMORANDUM - 7- April 27, 1994 TO: Curtis Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Structure Fire - 470 Brooks Ct. At approximately 0224 hours this date, Fire Marshal Roger Stewart was flagged down by a passing motorist who advised of a large orange glow coming from the end of North White Chapel. Roger requested that the Communications Center dispatch Fire Services and I responded immediately from the station. When I arrived at 470 Brooks Ct. I found an approximately 6000 sq. foot two story residential home (under construction) fully involved. Tire tracks near the structure were found and subsequently photographed for investigatory purposes. Fire personnel had control of the fire within minutes after arrival. There was no damage noted to nearby residences. Fire Marshal Stewart advised me that arson is suspected. Public Safety personnel established and operated a very effective Incident Command System with Trophy Club providing mutual aid. I am available for any comments or questions that you may have. BC/rb Attachment: Media Release City Southlake, ' -of "NEWS RELEASE" Mayor: FOR RELEASE: IMMEDIATELY Gary Fickes; FOR MORE INFORMATION, CONTACT: Mayor Pro Tem: RICKY BLACK (817) 4 81-5 5 81 X 761 Jerry Farrier STRUCTURE FIRE Councilmembers: Barry K.Emerson (Southlake, Texas April 27, 1994) -- At W.Ralph Evans Stephen W.Apple Sr. Jon Michael Franks approximately 0224 hours, Southlake DPS Personnel Andrew L.Wambsganss City Manager: were dispatched to 470 Brooks Ct. reference__ Curtis E.Hawk Structure Fire. City Secretary: Sandra,L.LeGrand Fire Officials arrived on an approximately 6000 sq. foot, two story residential home (under construction) which was fully involved. Southlake Fire fighters had control of the fire within minutes after arrival and Fire Officials advised that the fire is going to be investigated as suspicious in nature. Mutual aid was provided by Trophy Club Fire Department. There were no damages noted to nearby residences. Total amount lost is unknown at press time. -30- 667 North Carroll Avenue- Southlake, Texas 76092 (817) 481-5581 - FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER' ORDINANCE NO. 604 AN ORDINANCE OF THE CITY OF SOUTffi.AKE, 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. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City 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 ,, f:\files\muui\slake\ordinanc\watersew fin(04-29-94 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 2.73 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\slakc\ordinanc\watersew fin(04-29-94 B. All usage inexcess 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 $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 fin(04-29-94 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 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 f.\files\muni\slakc\ordinanc\watersew fin(04-29-94 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF .. , 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\muni\slake\ordinanc\watersewlin(04-29-94 l{Ll{ V V { LVL IV VV L1lLl{V a L.al• LIL VaILIIa LL{1L1L1 1 llll LLVI VLVLVVV 1 { VL May 3, 1994 Mr. Robert Whitehead, P.E. Director of Public Worlo City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Re: Kimball/1709 Addition,Lot 1, Blk 2 Dear Sir: The following is a summary of a proposed resolution to the intended Kimball Ave. widening and realignment. 1) Exchange 15,507.04 sq./ft. of Lot 1,Blk 2, as previously discussed and receive $99,016 for 19,093 sq./ft. required for realignment and widening of Kimball Avenue. 2) The City will provide extension of a 6" sewer line(stubbed with manhole)to Lot, 1, Blk 1, prior to completion of Kimball Ave. construction, Lot 1,Blk l and Lot 1,Blk 2 will not be responsible for contribution toward the present or future cost of construe ion of Kimball Ave.within its right of way. Apart of our understanding includes the City's construction of a 12"water main within and on the eastside of the proposed 140 foot Kimball Ave. right of way. This construction is to be completed under the direction of the City of Southlake at no cost or assessment to Lot 1, Blk 2 or Lot 1,Blk l Kimball/1709 Addition. If the matters addressed herein are acceptable please proceed with documentation to be reviewed by our respective legal council. Sincerely yours, Jerry Quiksall Agent of Kimball/1709 JQ/dm z: y. J 4 yytt ��tt ��tt X q$etd o�s� o�'os5 .�.ao.`• pp t3 ��•�+Tr� a��a ps � �U. •.j � !� � � dsCa"i�Q •@a,��0opyii -.o.o+S CCA«"kilpOPiCPt o•otis ' f � P@ « '��.+� 3 0 .� ''�cis P8 . gg t� 9 I o u�'J a s� .it�6vr»w o a t ` yy •�88or :a-' a Swift . � t Y1 +a $ •� �O�:A -.aa�7`Ei°•.''@o`�a e&vim F'p cis dg RLgt a�uaua O` 9E 99�0@ s9�39aQ;s-s �F u�. 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'l;P &" ~e�•�Ap ajm eo�Pa +�9C�i� �L °E9qq .� mgcaa. .o •a9 e$t .a- a � as=$ .a a'+•L`o E9 3&� Iq a+«o 's.a--e ° E" .• o + v � � +� ttfe77 a E ° o L+ �aa A st�89�`� «' A `■ g.Ai.9a aRavaq� cr'ae$Z Q14 cd.. « y°..p•.q• eaq��i m � V/ w��� �pu"Ep eat°`ie L Q`oe uoeo Ve�v� F sVaa"oa �+Ho IoS�sC: . °9S $ oa log B L��ooE3�LL«'om �o$�g _ o a '4°To, o ymeT o a c m 4 a p o E o a aC_ /vJ oaa9D� s�0�� 5a� d.opo�Qm m"L V •�� T� 7 g P 1£. 3g $ ga@oi V o `-a G�vP Qp'�3 oAaa xe_ LLii « �e9 + a � O LPL' 98 S.astO •�7 mat-��L _YIaL_ .� '� A � � � ee'j � .3.a •�s@i; Q UO fill I Hill' ;J s t � T. I� '00 Cd y� is rr r go, ,.G. !�� 9a~ a^o,a �• a4 • moo g. oi pN @b a o .� City of Southlake,Texas / MEMORANDUM l April 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Aid to Lancaster Tornado Victims The Middle School has been acting as a collection center for the various schools to aid and assist the tornado victims in Lancaster. Officer Jeff Mailer has been transferring these collections on a daily basis to the Salvation Army facility in Lancaster. We have utilized a patrol vehicle and today Bob Whitehead authorized the use of one of our City trucks to carry the load. We will continue ferrying these items from the school each day as long as necessary. It is my understanding that it is the school children who are gathering these items and making this program work. I am available for any questions or comments that you might have. ff, BC/mr wpWmo1Torna&.Ast I' City of Southlake,Texas MEMORANDUM CITY MANAC-R April 27, 1994 TO: Curtis Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: High Wind Damage to City At approximately 2230 hours on April 26, 1994, this City experienced extremely high winds resulting in down power lines, down trees obstructing traffic flow and power outages to traffic control signals and various street lights. Extra personnel, which included approximately ten DPS personnel, two Street Department personnel and three Water Department personnel, were dispatched to-assist and all worked successfully in clearing debris from roadways, restoring traffic control signal function and repairing water line damages. Damages to trees and power lines were-.somewhat isolated to the Southwest portion of the city. There were no reported injuries. C Public Safety and Public Works crews remained available in the city throughout the night in anticipation of further activity. I am available for any comments or questions that you may have. BC/rb Attachment: Media Release I i i I i City of Southlake "NEWS RELEASE" iyor: ry Fickes FOR RELEASE: IMMEDIATELY yor Pro Tem: FOR MORE INFORMATION, CONTACT: vyFarder RICKY BLACK (817) 481-5581 X 761 unciimembers: HIGH WIND DAMAGE TO CITY rry K Emerson Evans Ralph W.AMle Sr. (Southlake, Texas April 27, 19 9 4) -- At i Michael Franks drew L Wambsganss approximately 2230 hours, the city of Southlake (Manager E.Hawk r s experienced extremely high winds which resulted vseaetary. in power outage to approximately 20.E of City, ndra L LeGrand down power lines and poles, as well as down trees obstructing traffic. All police, fire and water utilities personnel have been successful in clearing all debris as well as assisting State units in restoring traffic lights. As of this release there are no reported injuries. -30- i 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER' City of Southlake,Texas MEMORANDUM April 27, 1994 TO: Billy Campbell, Director, Department of Public Safety FROM: Jerry Williams, Director, Fire Services SUBJECT: Assessment of Wind Damage of April 26, 1994 The following is a daylight drive around assessment of the wind damage caused by the wind storm on April 26, 1994. Fence Damage Southview Estates 200 Block East F.M. 1709 Tree damage scattered throughout the entire city, mostly small limbs and dead trees. Some construction material scattered and broken in the following sub-divisions: Timberlakes Stone Lakes Myers Meadow Timarron Mission Hills Some minor damage to structures under construction in the following sub-divisions: Myers Meadow Stone Lakes Damage to some of the green houses at Pipes Plant Farm on Pearson Lane. Roof damage such as blown off or damaged shingles scattered throughout the city. I am available for any questions or comments that you might have. JW/mr wpWvwIWinWmag April 1, 1994 CITY OF S OUTHLARE 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 CITY HALL (817) 481-5581 FAX (817) 488-5097 BUILDING INSPECTION DIVISION GUIDELINES FOR RESIDENTIAL CONSTRUCTION `ter BUILDING DEPARTMENT * * * * *NOTICE TO ALL BUILDERS : * * * * * EFFECTIVE APRIL 11 1994, THE FOLLOWING SHALL APPLY: 1) CITY APPROVED PLANS MUST BE LEFT ON JOB SITE AT TIME OF INSPECTIONS . THIS SHALL INCLUDE ALL INSPECTIONS -EXCEPT PLUMBING ROUGH-IN AND T-POLES . 2) ALL INSPECTION REQUESTS MUST BE ACCOMPANIED BY THE MAIN PERMIT NUMBER. FAILURE TO PROVIDE THIS NUMBER WILL RESULT IN CANCELLATION OF THE INSPECTION. 3) PERMIT CARD MUST BE POSTED ON JOB SITE. t CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE 0 SOUTHLAKE, TEXAS 76092 CITY HALL (817) 481-5581 FAX (817) 488-5097 REQUIREMENTS FOR PERMITS 2 SETS OF PLOT PLANS ALL SET BACK AND DRAINAGE 2 COMPLETE HOUSE PLANS 2 ENGINEERED FOUNDATION PLANS WITH SEAL & SIGNATURE COMPLETED APPLICATIONS : BUILDING ELECTRICAL PLUMBING MECHANICAL ALL 4 CONTRACTORS MUST BE REGISTERED. (75 . 00 ANNUAL REGISTRATION FEE) After plans are approved any changes must be submitted for reapproval . $30 . 00 per hour fee for additional plan review time. ) J J J City of Southlake 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 488-5097 INSPECTIONS. . . . . .Ext. 751 PAUL WARD. . . . . . . .Ext. 755 EDDIE WILSON. . . . .Ext. 746 BUILDING INSPECTIONS DIVISION CHUCK BLOOMBERG. .Ext. 747 JEAN BRYSON. . . . . .Ext. 742 GUIDELINES FOR RESIDENTIAL CONSTRUCTION 1 . Office hours are 8 : 00 to 5 : 00 Monday through Friday. - 2 . MAIN PERMIT NUMBER must be included with all inspections called in on the recorder. The recorder number is 481-5581, EXT. 751 . Requests for inspections shall be: ** A.M. INSPECTIONS MUST BE CALLED IN BY 8 : 00 A.M. ** P.M. INSPECTIONS MUST BE CALLED IN BY 12 : 00 NOON 3 . General contractor will pull all permits at the same time. It is his responsibility to make sure all trades are registered and licenses are valid. 4 . A re-inspection fee will be charged when: a) Inspection called for is not ready; b) The temporary electrical pole does not have a house number; c) No building address posted; d) City approved plans are not on the job site; e) House is locked; f) Being red-tagged twice for the same item; g) Red tag has been removed from job site. 5 . Re-inspection fees are $30 . 00 6 . No construction may begin until a building permit has been issued. EXCEPTION: Lot clearing and grading. 7 . Building permit must be displayed in an obvious place that can be seen by the public. -1- 8 . Building addresses must be posted at each lot at all times. Numbers must be a minimum of eight inches (811 ) in height . Permanent Address Numbers must be on building where clearly visible from street for final inspection. Where not visible additional numbers shall be posted at the driveway entrance. 9 . Addresses must also be posted on all temporary electrical poles. 10 . City approved building plans must be available on the job site when inspections are conducted. 11 . Temporary heat may be released during extreme cold weather provided: a) Heating system must be complete; b) Gas piping must be complete; c) Ten (10) lbs . air test on all gas piping; d) Install gas valves on all gas outlets; e) Install breakers for all heating equipment; f) Install cover on main electrical panel; g) Cap all wiring in an approved method including receptacles, switches and fixtures; h) Access must be provided for inspection of furnace units in attic by means of an approved ladder. INSPECTIONS REQUIRED 1 . Temporary Pole; 2 . Plumbing Rough; 3 . Foundation: FORM SURVEY REQUIRED 24 HOURS BEFORE FOUNDATION ) INSPECTION. ; 4 . Seconds - (Residential) - framing, electrical rough, plumbing top- out, mechanical rough, and gas test. Ten (10) lbs. air test required on top-out and Final . Cap gas line in firebox and leave gas log lighter valve open with key in place; S . Fireplace; 6 . Wall-tie, steel for brick above roofline; 7 . Whirlpool bath (electric ground and GFIC) ; 8 . Approach; 9 . Final : All trades must be called at the same time. Each of these items must be done in the proper order. If an inspection is called in before a prior required inspection has been made, no inspection will be done. -2- t No concrete or plumbing rough inspections will be made if it has been determined that it is too wet . All rained out inspections must be recalled. No concrete inspections will be made unless the temperature is 38 degrees or above and rising. All inspections held back because they do not meet this requirement must be recalled. Do not lay brick when it will be below 40 degrees before setting unless approved by the Building Official based upon protection available. THIS IS ONLY A GENERAL LIST OF REQUIREMENTS . FOR A COMPLETE LIST OF BUILDING REQUIREMENTS, REFER TO: 1991 UNIFORM BUILDING CODE 1991 UNIFORM PLUMBING CODE 1991 UNIFORM MECHANICAL CODE 1990 NATIONAL ELECTRIC CODE INSPECTION REQUIREMENTS * TEMPORARY POLE (SEE EXHIBIT H) 1) Double pole breaker installed for 220 volt plug; 2) Single pole breaker installed for 110 volt plug; 3) All 125-volt, single phase, 15 - and 20 - ampere receptacle outlets shall have GFCI protection; 4) Box is to be secured to the pole which must be braced; 5) A ground rod must be installed; 6) Power cannot be tied directly to house breaker box from pole; 7) Power cannot be run from the T-pole without proper connectors on each end of the cord. * PLUMBING ROUGH 1) Five foot (51 ) head of water on last stack in house; 2) All fixtures must be stack vented; 3) No more than forty-two inches (4211 ) on a one and one-half inch (1 %1' ) arm. No more than sixty inches (60) on a two inch (211) arm; 4) A four inch (411 ) double clean-out must be installed. A single double-clean out fitting is prohibited; 5) Copper lines will not be allowed to touch each other; 6) A one inch (111 ) water service is required on all single-family houses and must be continuous from. the water meter to the first manifold in the building; 7) Copper lines must be sleeved or taped; painting will not be accepted; 8) Meter must be installed when inspection is called in; -3- 9) Water meter number must be the same as what was assigned for that lot; 10) Tap must be exposed two feet (21 ) from either side of the sewer connection; 11) Lead solder and fluxes containing lead are prohibited materials to be used in potable water pipes; 12) Pop-off lines must be run separate to outside and cannot be run in slab; 13) If the fixture load on the system does not require a 4" sewer line, a four inch line from the house to the sewer tap is no longer required. * FOUNDATION All foundation plans shall be approved by a structural engineer. The engineer' s seal shall be on the foundation plan and defail sheets. Foundations placed on fill dirt must have soil compaction tests submitted that are approved by the structural engineer that designed the foundation. All foundations must comply with Chapter 29 of 1991 U.B.C. (1991 UNIFORM BUILDING CODE - 2907) f) FOUNDATION PLATES OR SILLS. Foundation plates or sills shall be bolted to the foundation or foundation wall with not less than %-inch nominal diameter steel bolts embedded at least 7 inches into the concrete or masonry and spaced not more than 6 feet apart. There shall be a minimum of two bolts per piece with one bolt located within 12 inches of each end of each piece. A properly sized nut and washer shall be tightened on each bolt to the plate. Foundation plates and sills shall be the kind of wood specified in Section 2516 (c) . 1) Post Tension a) Everything must conform with the engineered plans; b) All cables must be straight; c) All copper must be sleeved or taped; painting will not be accepted; d) Cable ends must be a minimum of six inches (611 ) below the top of the forms; e) Cable ends must be a minimum of six inches (611 ) from the corners; f) The post tension drawing must be on the job with the detail sheet and the plot plan (both must be city stamped) ; g) Cables that must be re-routed to miss plumbing piping must be done with long sweeping curves of the cable . -4- 2) Rebar a) Work must conform to plans approved by structural engineer; b) Number 3 bars must be placed eighteen inches (1811) on center; c) number 5 bars must be placed in all beams with two bars on top and two bars on bottom; d) Beams must comply with table 29-A of the UBC; e) Chairs must be in place . ************SECONDS************ * PLUMBING TOP-OUT SEE EXHIBIT I a) All vents must extend through the roof with flashing installed at the roof; b) Maximum of forty-two inches (4 2" ) on a one and one - half inch (1 1,) arm; c) Maximum of sixty inches (6011 ) on a two inch (211 ) arm; d) No vents may be less than 450 from the horizontal until they are at least forty-two inches (4211) in height; e) All copper lines must be braced; f) Pop-off and pan drains lines must run separately to the outside and cannot be installed in the slab; g) Water heaters on the second floor must have a drip pan; h) Plumbing vents must be at least ten feet (10' ) from any operable window; i) Frost proof hose bibbs must be installed and must be removable and self-draining type; j ) Screw-on vacuum breakers on hose bibbs prohibited; must be built-in type; k) Plumbing straps on top and bottom plates must be . 038 inches thick and nailed with four 16D nails; 1) Gas appliance vents are to be at least 4 feet (41 ) away from operable windows; m) Water heater pop-off lines are no longer restricted from discharging onto porches, patios, or sidewalks . n) Combustion air inlets and grills must be installed at water heater closets . * ELECTRICAL ROUGH a) All ground conductor splices shall be made with listed splice caps or wire nuts; b) Eight (81 ) foot ground rods shall be driven full length; -5- c) Ground clamps used on ground rods and pool belly steel must be listed for direct burial ; d) Ground and neutral conductors will be made up in all indoor panels at rough-in stage . Bonding screws must also be installed at this time (when required) ; e) Identification of panel circuits must be specific and ledgable; f) All wire within seven feet (71 ) of pulldown stairways (6' for scuttleholes) must be protected from physical damage; g) GFI protection for whirlpool tubs must be installed in an accessible location in the nearest closet 45" from floor near door; h) Romex must be stapled every four and one-half feet (4 . 5' ) ; -5- i) Romex must be stapled within eight inches (811) of non- metallic boxes and within twelve inches (1211) of metallic boxes; j ) Romex extending through masonry must be protected by conduit; k) Sheathing on romex must extend a minimum of one-fourth inch NO) into the box; 1) Wire must be clamped to metal boxes. two (2) separate 20 amp circuits must be run for kitchen use. No fixed appliance other than refrigerator may be put on these circuits; m) If Note 3 of Table 310-16 is used, the neutral is permitted to be two wire sizes smaller than the service conductors provided the requirements of Section 230-42 are met; n) A ground must be connected to the cold water piping. A supplemental grounding rod must also be supplied; o) A separate 20 amp laundry circuit shall be supplied. no other outlets will be allowed off of this circuit; p) All receptacles located outside the building, in a garage, in a bathroom, or within six feet (61 ) of a kitchen sink must be protected by a ground fault circuit interrupter; q) The minimum size service that will be accepted is 100 amp; r) Where a panel or disconnect device is tapped more than one time, approved lugs shall be provided; s) Boxes for support of ceiling fans must be listed and identified for support of ceiling fans; t) Armored cable (box) shall not be used or installed in the city as a wiring method unless it has a full size grounding conductor. * MECHANICAL ROUGH a) Metal flue vents shall be properly supported with straps. b) Flexible ducts shall be supported and turns made in such a way that the air flow is not deterred. c) A one inch (111 ) clearance must be maintained around gas appliance vents. d) Air conditioning condensate drains must be tied into a wet trap. e) In attic coils a secondary drain must be installed with the condensate line discharging over the window. f) Condensate drain lines must be a minimum of three-fourth inch NO ) in diameter. g) Condensate drains must be installed with and air break. h) Bath exhaust fan ducts must extend at least six inches (611 ) above the joist. i) Horizontal runs on water heater and furnace flue vents must not exceed seventy-five percent (750) of the height of the vent . -6- j ) An unobstructed working space not less than 30 inches in depth and the height of the furnace, but not less than 30 inches, shall be provided as a permanent walkway along the entire front of firebox side of every warm-air furnace. See Exhibit "E" . k) Combustion air vents must be installed in the top and bottom portion of closets enclosing gas appliances. Vents must total 100 square inches for water heaters . Vents must total 200 square inches for furnaces . * FIREPLACE To be constructed as per Exhibit A * GAS LINE a) A pressure test must be performed of exactly ten (10) PSI on a 30 lb. gauge . b) All loglighter valves must have key installed for test past valve (both masonry and manufactured fireplaces) . c) All gas lines, regardless of their location, must be properly secured and protected. d) Air gauge must be located inside the house, preferably in a fireplace or utility room. e) Gas pipe in contact with any masonry must be galvanized. * FRAMING a) Rafter spans must conform with Table 25 U-R-13 of the UBC. b) Top plate splices must be offset a minimum of forty-eight inches (4811 ) . c) The only accepted wind bracing must conform to Section 2517 (3) of the UBC. d) rafters shall be framed directly opposite each other at the ridge. e) Valleys and hip rafters shall not be less than two inches (2") nominal thickness and not less in depth than the cut end of the rafter. f) Purlins must be the same size as the rafter. Braces must be installed every six feet (61 ) from the purlin to the wall or beam. g) any joist over four feet (41 ) in length must be pressure blocked on both sides or a joist hanger must be used. h) Fur downs, chimneys, ceilings of different heights, and vertical wall spaces over ten feet (10' ) must be fire blocked. i) Load bearing studs must be sixteen inches (1611) on center or the rafter must be within five inches (511 ) of the stud. j ) Openings six feet (61 ) and less must have a minimum header size of 2 x 6 . Openings six feet (61 ) to eight feet (81 ) must have a minimum header of 2 x 8 . Openings eight feet (81 ) to ten feet (101 ) must have a minimum header size of 2 x 12 . Openings over sixteen feet (161 ) must utilize a flinch plate or laminated beam. (See attached span table for two-story structures . ) k) All lumber must be grade stamped. Form lumber is not acceptable as a structural framing member. 1) All perimeter bottom plates on the first floor are required to be treated lumber. m) Where air handling units are supported by ceiling joists, those joists shall be calculated as floor joists. Where air handling units are supported by rafters, those rafters shall be calculated as rafters supporting a drywall ceiling. n) There will be a two inch (2) gap between fireplace material and wood studs or any other combustible material . (See Exhibit A. ) o) Stairway treads are to be a at least six inches (611 ) at the inside of each winder. Twelve inches out from the inside winder a full run of nine inches is required. (See Exhibit B. ) p) All studs must conform to the maximum allowed for cutting, notching, and boring of . (See Exhibit C. ) q) BRICK VENEER ABOVE ROOFLINE OR IN ATTIC (See Exhibit D. ) -8- * WOOD SHAKE & SHINGLE ROOFS AND SIDING 1 . Must be Class C Roof . 2 . Must be Grade #1 . 3 . Inspector must view bundles before they are opened. 4 . The roof valley flashing shall be provided of not less than No. 28 galvanized sheet gauge corrosion-resistant metal, which shall extend at least eight inches (811) from the center line each way for wood shingles and eleven inches (1111) from the center line each way for wood shakes. Sections of flashing shall have and overlap of not less than four inches (4" ) . The metal valley flashing shall have a 36-inch-wide underlayment directly under it consisting of one layer of Type 15 felt running the full length of the valley, in addition to underlayment specified in table No. 32-B-2 of U.B.C. * APPROACH 1 . Approaches must have a depth of six inches (611 ) and be reinforced with #3 bars eighteen inches (1811 ) on center. 2 . A turn radius of five feet (51 ) is required. 3 . For streets with curb and gutter, dowell six inches (611 ) into gutter with #3 bars eighteen inches on center. 4 . For asphalt streets without curb and gutter, set forms six inches (611) from road edge and make pour. City will backpatch with asphalt to driveway. * BUILDING FINAL 1 . Final grade must be completed. 2 . Electric panel must be specifically and clearly labeled. 3 . Permanent address must be posted on house or mailbox. 4 . Water cut-off valve at house must be operable with valve box lid set two inches (211 ) above grade . S . Water meter box must be set 2" above grade with dirt removed from atop meter. 6 . A permanent electrical outlet and lighting fixture controlled by a switch located at the required attic opening shall be provided at or near the equipment . 7 . Gas line air test to be at exactly ten (10) pounds . Cap gas line in firebox and leave gas log lighter valve open with key in place . 8 . A permanent ladder must be installed to the attic. 9 . All light _fixtures of switched receptacles must be installed. 10 . All plumbing fixtures must be installed. 11 . Sewer cleanouts must be 2" above grade. 12 . Street, alley and all flatwork must be clean and clear of mud and debris . 13 . Chimneys must extend at least two feet (2 ) above any point within ten feet (10' ) . 14 . Circuits must be clearly labeled on breaker box. 15 . Yard and garage must be clear of debris and trash. 16 . At least one full length continuous handrail shall be installed at each stairway. Ends shall be returned to wall or terminate at Newel post . Handrail height 34 to 38 inches. 17 . Guardrails are required at floors landings or stairs where the drop off is 30 inches or more. Minimum guardrail height 36 inches. Intermediate spaces shall be so that a 4 inch diameter ball cannot pass through. -10- y M E M O R A N D U M April 1, 1994 TO: General Contractors, Surveyors FROM: Building Official SUBJECT: Form Survey Requirements The following are requirements for form surveys submitted to the City of Southlake : General Requirements 1 . Written scale and north arrow 2 . Lot lines shown with bearings and distances 3 . Lot & block number, subdivision name & phase and plat filing record information 4 . Street name & address (shown in R.O.W. ) 5 . Front, side &n read building lines labeled with dimensions 6 . All easements show, labeled & dimensioned 7 . Perimeter of forms indicated by bold line (form dimensions are not required) 8 . Perpendicular distances (or radial if on a curve) to those form corners which are closest to each lot line; distances should be expressed either in feet & inches (i .e. 7' -611 ) or feet & tenths (i .e. 7 . 51 ) , and should be placed adjacent to the dimension line from the property line to the form corner 9 . R. P.L.S. seal, signature, date address & phone number Lots with Minimum Finish Floor Elevation on Plat 1 . Label minimum finish floor elevation shown on plat 2 . Note city approved benchmark used as the elevation reference 3 . Label finish floor elevation of the forms 4 . Show flood plain limits on the lot S . Dimension any floodway lines on lot General Contractors, Surveyors Form Survey Requirements April 1, 1994 Page two The following notes are for the benefit of the general contractor and/or concrete contractor: 1 . Form surveys must be received twenty-four (24) hours prior to the requested inspection time. 2 . For review purposes prior to inspection of forms, the form survey may be transmitted to the building inspection department by facsimile at telephone number (817) 488-5097 . Your fax machine should be set to the highest resolution available (the optional setting is "fine" on most fax machines) to ensure legibility. If the fax is illegible, no review will be made. 3 . The original signed form survey should be delivered to the Building Inspection Department. No certificate of occupancy will be issued without receipt of the original . EXHIBIT A :t I r w -.oc Cx-&Ju.cE cow0=1710c FIREPLACE'•-=AAA-E 2T WK wfrm J A9"l:= r►@t wvTw FMB-j=cp%Np- OPE1'W4m A SCL FT.OR Woetf.SS TwAN a=FT:r uut vdTw Frt7LrcE cre c KWatL MRT1.FVIE IM-ACE ExTEqS+ON t SC L FT.CA WOFE (Xc_�AN(•LESS TwAM i=.T PLAN b +cQ w O.r..v•••'• •i r.00 � 4a'L 2-o4 AT 1 SRC ie FLUE LPANG r ANCrOaK+E 1 I X.►LLS FLUE LlN-d--Cot ...a.r.... I r F NO FIDE Lr+c 2s.f.r:utSm S M q r +eP 3E*o mars c sT sr Lem n ...a..w E c .�r•Y wsrwc ) J a4••nEY.wwrT.oea F - m WL^K.FstAi�E MAT" c.«aory :r S:IWAPOUNO - uw.t' rifOt XC--V%"-S Iwm.e..w.l REaACAC LNG I 1 GF+CUT FnIa.E C—.•.r aww FAR SraE C1 O..aA am.600m-1 -- r<>n4"J•-.BL S Fa AT:f�G VERTICAL STEEL NEB Sic a-Ia\ON C IWAY'.K=.UOE MASONRY OR CONCRETE CHIMNEY DETAILS 'r FIPP MOO ►�RT+1 ara I � pe*f;ooc-G I w t r i.1A.'� MIN. I j I Ir ` •� Lf 3"SOLID e- A' CROSS SEC-,ION e" FIREPLACE DETAILS REQUIRED PROTECTION AROUNDUNLINED FLUES 4-NIN. 4'$OLIO MASONRY OR CONCRETE(TYP) a sh UN FIRECU FLUEM IY LINER /. LINED MULTIPLE-FLUE CHIMNEY LINED AND UNLINED MASONRY CHIMNEYS EXHIBIT B s ' RECUR WIDTH OF RUN SHALL y REQUIRED WIDTH OF RUN SHALL BE ppoVTMO IN THIS LOf.AT)ON BE PROVIDED IN THIS LOCATE (SECTION 3306(d)1 (SECT104 Mob(d)1 NOTE:HANDRAILS NOT SHOWN FOR CLARITY t ` �-S 4AW �6-MIN. -A ,� NOTE:HAKORAILS NOT ` SHOWN FOR CLARITY STAIRWAY MOTH LIMITATION--APPU:ES TO R-3 OCCUPANCY (SECTION 3306(D)1 AND PRI%ATE STAIRWAYS IN R-I OCCUPANCY PLAN VIEW PLAN VIEW WINDING STAIRWAY ALTERNATE USE OF WINDERS THE LARGEST TREAD WIDTH =a MAXIMUM 912-INCH OF RISER HEIGHT WITHIN AhNY RISE BETWEEN TREADS FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST 3 } 7l?'MIN_ BY MORE THAN 3R IAK'N• S p [SECTION 3306(C)1 ¢ v uj ; N N G1� CENTER SUPPORT LTG T. COLUMN -Ally OJ9�O G �C�• LIMITATIONS: 1.LIMITED TO SERVING AS EXPT s FOR AM SOUARE FEET MAXIML*V- 2.APPLIES TO R•3OCCUPANCY AND PRIVATE STAIRWAYS IN R•I OCCUPANCY PLAN VIEW PLAN VIEW CIRCULAR STAIRWAY SPIRAL STAIRWAY WINDING STAIRS EXHIBIT C Tipp PLATE FRJWING TO ACCOMMODATE PIPING r NOTCH IN PLATE FOUR 160 NAILS • 1,�ZAI.TIE> •,t's 1 S4'VY1aE PIPE PLRFS cUTnNG i NO CHM SORFD HOLES 3W 11 TA4 J t h:LWC iS'MPL ii'!+(K I DRAWNG I C=aWiNG 3 3•4' 31h' }i'Mty. 21A• I t4'Mf1. I ?A,MAX SCM ALLDAED 25x ALLGNEU A14Y NOtZEARf G WALL EXTERIOR AND OR BOFM STUD DOu8LFD BEARING WALLS Nor LIRE TK4N Trio SLX)CESSrVE DOUBLED Sl1JDS OR."NG 2 caAmNG s MAXIMUM ALLOWED NOTCHING AND DRILLING FOR NORMAL CONSTRUCTION WrM 1: 2 x 4 STUD EXHIBIT D- BRICK ABOVE ROOFLINE SPECIFICATIONS Brick veneer is allowed above a roofline according to the following provisions : 1) Rafters and studs supporting brick must be tripled along both sides. 2) Minimum 3" x 3" x 1/4" thick angle iron required to support brick. Angle shall be bolted to each stud. 3) Maximum span of brick is seven feet (V ) horizontally. 4) See "Exhibit E" for Spans For Lintels 5) Factory built chimneys with brick veneer SHALL NOT be supported by wood or steel in attic. 6) Horizontal offsets in brick veneer not allowed. 7) Roofs with slopes of 4 and 12 or less shall not support masonry. 7 --{ I I 1 i EXHIBIT E C U o m �" = N �� _ � •r .c U OQ0 O .N E Zwz w O U s cc E w _c o V Jw w � � ..... U ww Z Z �o cd N ... w o m cn cn cn in -p a) rJ > pQ c p cd O O � � 3 • � cr. � OLL. Z Z ((n O O 1 c^d 00 4D co . Q 4 w m cn %n W .�' ct � x c� cI U O GL :� z Q -� Z cn O > �, N a � Cz JZ >- .c ca oc w - - - - .o 0 00 �. Q � p> o 0 0 0 c w d- o al v a oa a, � o � � O a Z r- ct ^" tn Cj c ^ � � w co � o wo � Z wQ v X G O �j •� W X X X cn CO .t� C U) cn cn cn X O .... _CLO X X X .o c CIOcqa = cn mod- �O cV Q -- CV rl EXHIBIT F PROv10E POSSWE ELECTRICAL DISCONNECT. (SEE SEC.509-) LIGHT OVER CONTROLS SEC.SM ALSO REQUIRES CONVENIENCE OUTLET SEE SEC.906(b) y5'-0" (RECEPTACLE) MIN O WORKING `� WITHIN 25-OF EQUIPMENT SPACE AT CONTROLS r30' 2e••WIDE I WARM SOLIO FLOORING FURNACE ACCESS WAY I 20' MAX l;'}•---LIGHT L, SWITCH 30"x 30" ACCESS OPENING Figure 708-1 Figure 708-1 Related Code Sections: 509,708 The distance from the passagewav access to furnace shall not exceed 20 feet 1. measured along the center line of the passageway. The passageway shall be unobstructed and shall have continuous solid flooring not less than 2=inches wide • from the entrance opening to the furnace. ' A level working platform not less than 30 inches in depth shall be provided in - front of the entire fuxbox side of the warm-air furnace, and if the furnace J tcmperature-limit control.air filter,fuel-control valve,vent collar or air-handling unit is not seiviceable from the firebox side of the furnace,a continuous floor not less than 24 inches in width shall be provided from the platform in front of the firebox side of the furnace to and in front of this equipment. 37 co QN U3 � z > � 1 S 0 < .� V IL � � 1 1 cn LL ru L co, t/ori Variable _ \ Q cy- Q > tY ar _ G a _ Q s <x -C 2 CQJ C' v � TEMPORARY POLE REQUIREMENTS EXHIBIT H 1) Building address must be posted on pole and visible from street 2) Pole must be properly braced 3) Panel bonding screw, bonding strap, or bonding jumper must be installed 4) 8 ' ground rod driven 5) Ground wire secured to pole 6) Flexible conduit must extend to transformer 7) Liquidtight flexible conduit must be used if entering from top of meter base 8) Service neutral conductor must be identified with white marking and insulation removed on end r ,R • t-Fbtrc.F E n. _ frt CV,P fktA-E FLEX I(BLF. Co ww rT MbSj EX'revz sa NE0t�P�. C4NII4�C.S(�� I FORT WORTH, TEXAS EXHIBIT I CALL tall 927-6911 FOR METER LOCATION BEFORE PIPING Sefact Piping Specifloatlanx Bared On Total EI.T.U.'R of Cannacted Appliances. 1`ELL TT l2` 1.E1 EllT I 71 It - ! r ` � T , 1 I it ;j , '•l r �. Grad■ j I Inlet O■t{at L Intel 1 Outlet Into I I H.T.U. RANGE : 5,000 - 250,000 II`Eli 11.al. W Ell Y 1 U I ( Grade •-1 `,���•y ��eq, r Inlet 1 : Ovtl+l Inlat `J Outlet In,+l L B.T.U. RANGE : 250,000 — 480,0M II. Ell I N II t � it l GtnAe Inlet It outlet { Inlet I j OuU+t Wet U 1 l: B.T.U. RANGE : 450.000 — 300.000 1991 UNIFORM BUILDING CODE 1209-1210 a In,nonsprinklered Group R,Division 1 Occupancies,corridors serving an occu- pant load of 10 or more shall be separated from corridors and other areas on adja- cent floors by not less than approved fixed wired glass set in steel frames or by 20-minute smoke- and draft-control assemblies which are automatic closing by 1 smoke detection. Smoke Detectors and Sprinkler Systems Sec. 1210. (a) Smoke Detectors. 1. General. Dwelling units, congregate resi- dences and hotel or lodging house guest rooms that are used for sleeping purposes ' shall be provided with smoke detectors. Detectors shall be installed in accordance with the approved manufacturer's instructions. 2.Additions,alterationsor repairs to Group R Occupancies.When the valu- ation of an addition,alteration or repair to a Group R Occupancy exceeds$1,000 and a permit is required,or when one or more sleeping rooms are added or created in existing Group R Occupancies,smoke detectors shall be installed in accordance with Subsections 3,4 and 5 of this section. 3. Power source. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source and shall be equipped with a battery backup.The detector shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection.Smoke detectors may be solely battery operated when installed in existing buildings;or in buildings without commercial power; or in buildings which undergo alterations. repairs or additions regulated by Subsection 2 of this section. 4. Location within dwelling units. In dwelling units, a detector shall be in- stalled in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area.When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or basement is split into two or more levels,the smoke detector shall be installed on the upper level,except that when the lower level contains a sleeping area, a detector shall be installed on each level.When sleeping rooms are on an upper level,the detector shall be placed at the ceiling of the upper-level in close proximity to the stairway.In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms ex- ceeds that of the hallway by 24 inches or more,smoke detectors shall be installed in the hallway and in the adjacent room. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. 5.Location in efficiency dwelling units,congregate residences and hotels.In efficiency dwelling units,hotel suites and in hotel and congregate residence sleep- ing rooms,detectors shall be located on the ceiling or wall of the main room oreach sleeping room. When sleeping rooms within an efficiency dwelling unit or hotel suite are on an upper level, the detector shall be placed at the ceiling of the upper i level in close proximity to the stairway. When actuated,the detector shall sound an alarm audible within the sleeping area of the dwelling unit, hotel suite or sleeping ` room in which it is located. 107 yp,TES POST, O N W A t A 2(low �� n 7 U.i1.lAll A United States Postal Service Dear Builder/Developer: Currently, only two types of new deliveries are approved by the Postal Service. They are centralized delivery and delivery to curbline boxes located at a property line. The developer initially determines which mail delivery option that will be available in a new addition. Please contact the developer or the Grapevine Post Office at 488-9012 for the exact location of a mailbox before it is erected. All mailboxes should be 42 to 48 inches high when measured from street level to the bottom of the mailbox. 'The front of the mailbox should be flush with the back of the curb. House numbers should be placed on the lid of the mailboxes. The metal red flags should be attached to the outside on all mailboxes that will be enclosed in brick. Thank you in advance fob your cooperation. B. Cleg rn Postmaster Grapevine, TX 76051-9998 817/488-9012 y - • �--� ice- . . _- . Y C U M ' 00 M• .a N 4 • � � Y • d 00 rj t o u q yl Q A CIO v 04 V H .a Y.-• I c i •.a � 1 O ✓ N ✓ Y M M - v •YI p ) O • ) .� pV V M .ti YALH ✓•1 ✓ M C•O U • 4 • I M C•u M U M w l • _� .+ w OFM O U Y+•Y ►w1 Y Y « �• A C M O Y M u • //•CC w A • Y F O ' \ • Y V Y « F • • 1•• •tl F M N u 0 C Y > O • V O ) • U 14 C-1 AF M "� V.. 4A •.0 ;- 1 M ✓t M O F•'a u u.-1 • u O V • tl • I r A Y O Y O • O ra V • « • • " V ItM C V. Y u c ►.-1 M 4 q 4 7 A 6•.4 u A S. O.•� O•••F A ✓.a w C • C O ".0 O c M U A R • M v • ) S.••• C M w•a v •.4 O • A A 7 ) O • O • • 4 7 i ••✓ O w 4 •O V i;M •A v MF 4•A ?� N 0 0-a • V Y u ? C A. w 0 « u.- d 111fff •a A-a t Y U C O • O•� Y O O A w p • u S w w ✓A••a O «i « MF Ora w C • ✓ V w 7 w w.-1 V M A .a �•a G c ✓ C O Y Y Y IQ F dA 4 M • ►F F M W I"• •A V Y M 14 C u M ��•CC U C ■ ��y(( • M N ■ • •"'1 4 u a O p w.a M ' c H O M U a 0 4 A M M F u ]5! 7rjQ• O ✓ 7 F ✓A M . •� •• O O ✓ N Y w • V NS N.O oA w qA 4••a �44 OG p✓ Y i i M w.0 OA ✓ 7V•�•1 S ABE v ✓i •OO.aM ��?( C • we � ) `a' •ONO Y i f , • ✓ o u M • 4 4'O V U L-q 4-4 u C M 4 M i ' ✓•a V C w 4 in 00 ■9 O N 11 ✓ Y • K O • -1 4 U-a 1 d - CO O_t d•4 Y M O � O _ � ` in ta tA r • TREE PRESERVATION ORDINANCE SUMMARY FOR BUILDERS 4/27/94 Tree Preservation Ordinance No. 585 was approved by City Council on June 15, 1993. This summary is provided to assist all builders in understanding the regulations but it is highly recommended that all builders purchase and thoroughly understand this ordinance prior to removing trees from a property. PROTECTED TREES - Not all trees are protected by this ordinance. Only those trees which are 8" in diameter (25" circumference) at 4.5' above the ground and are noted in the "Quality Tree" category. Additionally 8" trees noted as "Marginal Trees" may be protected if determined by the Landscape Administrator to have "unique individual characteristics". CRITICAL ROOT ZONE - The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline (see Appendix `D' attached). PROHIBITED ACTIVITIES • Removing a protected tree prior to issuance of a building permit or a tree removal permit. • Storage of construction materials, excavation or demolition materials within the critical root zone of a protected tree. • Equipment Cleaning/Liquid Disposal - No equipment may be cleaned (paint sprayers, etc.) or liquids deposited (oil, paint, solvents, concrete, mortar, etc.) within the critical root zone of a protected tree. • Tree Attachments: No signs, wires or similar may be attached to a protected tree. • Vehicular Traffic: No vehicular or construction equipment traffic or parking shall take place within the critical root zone. • Grade Changes: No grade changes in excess of 4" (cut or fill) shall be allowed within the limits of the critical root zone. 0 Impervious Paving: No paving with asphalt, concrete or other impervious material in a manner which may reasonably be expected to kill a tree shall be placed within the critical root zone except as allowed in this ordinance. • Removal of any trees prior to issuance of a building permit. TREE REMOVAL ALLOWED - Once a building permit has been issued, protected trees which are within the driveway, sidewalk, pool/deck and within 12' of the foundation may be removed. TREE REMOVAL PERMIT REQUIRED - In order to remove any other protected tree an application must be submitted to the Building Inspections Division for approval. VIOLATIONS - Every protected tree removed in violation of this ordinance is a separate incident subject to a fine of $500 per tree. Attachments: Appendix `A' - Tree Summary Appendix `B' - Tree Removal Permit Application Appendix `D' - Tree Exhibit Showing Critical Root Zone Appendix `F' - Example Plan for Permit Application C AO RMTREMB UILDER.S UM APPENDIX 'A' TREE SUMMARY The following is a summary of representative trees for each category of tree. QUALITY TREES Common Name Botanical Name Identification Notes Pecan Carya illinoensis Pecan fruit, compound leaves Cedar Elm Ulmus crassifolia Deciduous, 1"-2" dark green leaves Shumard Red Oak Quercus shumardii Deep pointed lobes in leaves Texas Red Oak Quercus texana Vertical multi-trunk shape Live Oak Quercus virginiana 1 1/2" dark green pointed leaves Bur Oak Quercus macrocarpa Large acorn, leaf border at end Post Oak Quercus stellata Deep lobes, rounded tip on leaf Black Jack Oak Quercus marilandica Leathery 3"-7" leaf, no lobes Lacebark Elm Ulmus parvifolia Small dark serrated green leaves Chinese Pistache Pistacia chinensis 3" sickle leaflets, fall color Sweetgum Liquidambar styraciflua Star shaped leaf Austrian Pine Pinus nigra Two needles Chinquapin Oak Quercus muhlenbergii Oblong 4"-6" serrated leaf Southern Magnolia Magnolia grandiflora Large evergreen Leaf, white flower Bald Cypress Taxodium distichum Feather-like foliage, fall color Caddo Maple Acer barbatum 'Caddo' Five-lobed leaf Texas Hickory Carya texana Five leaflets, 1"-2" nut MARGINAL TREES Common Name Botanical Name Identification Notes Cottonwood Populus deltoides Deep fissures in bark, heart shape leaf Mesquite Prosopis glandulosa Lacy open foliage, 10" bean fruit American Elm Ulmus americana 'V, shaped main branching Slash Pine Pinus elliotti Tall cylindrical shape Honeylocust Gleditsia triacanthos Lacy foliage, thornless variety only Japanese Black Pine Pinus thunbergii Twisted growth, dark green needles Western Soapberry SaNindus drummondii 18" compound leaf, 1/2" clear fruit Red Cedar Juniperus virginiana Native, pyramidal shape Deodar Cedar Cedrus deodara Large pyramidal evergreen OTHER TREES OF CONCERN Although the following trees do not typically obtain the protected 8" size, the City would like to recommend that protective care also be considered for these trees: Common Name Botanical Name Identification Notes Redbud Cercis canadensis Purple/white flower in spring Mexican Plum Prunis mexicana White flower, exfoliating bark,thorns Possumhaw Holly Ilex decidua Showy orange/red fruit, deciduous Golden Raintree Koelrutaria paniculata Yellow flower, panicled fruit Yaupon Holly Ilex vomitoria Evergreen, light bark, red fruit Cherry Laurel Prunus caroliniana Glossy evergreen foliage, shrubby River Birch Betula nigra White flaky bark Eves Necklace Sophora affinis Dull green tear-dropped shape leaf -14- 05/06/93 EXHIBIT 'B' y _ CITY OF SOUTHLAKE TREE-REMOVAL PERMIT APPLICATION DEVELOPMENT NAME: LOT: BLOCK: . STREET ADDRESS: OWNER CONTRACTOR/BUILDER NAME: l-DDRESS: PHONE: I hereby certify that this application meets the requirements of the Tree Preservation Ordinance and further certify that all construction pertaining to this project shall meet the requirements of the Tree Preservation Ordinance. Signed: Title: a Date: ************************************************************************************** For City Use Only: I hereby acknowledge receipt of this application and the application fee in the amount of $ on this the day of 19 Signed: Title: Shown Not GENERAL INFORMATION n Plan Applic. Appropriate title (i.e. Tree Removal Permit Exhibit) Title block includes street address, lot and block, subdivision name Title includes City and date of preparation North arrow, graphic and written scale in close proximity Name, address and phone of owner Name, address and phone of person preparing the exhibit Location of tree(s) to be removed is tied down with dimensions from two nearest property lines Location of all R.O.W. lines and public easements Location of buildings, structures, pools and other improvements Areas of cut/fill and flow lines Caliper and common name of tree(s) to be removed Any required replacement tree(s) shown with caliper size and common name of tree Limits of construction line shown Reason Tree Must be Removed: Permit for tree removal approved the day of 19 By: Title: Notes: -15- APPENDIX 'D' TREE EXHIBIT C kN oPY I I I I I I I - -r RuNK a• I ,p DRIP LINE , G R.ITICNL F. oOT ZONE 20 TO OUTEP-MOsT -00' RD.p%US i'roK. pR1P LINE coNGEK'i'RIG CIRcI.I= I I CRITICAL ROOT ZONE: The area' of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. DRIP LINE: A. vertical line run through the outermost portion of the canopy' of a tree and extending to the ground. -17- APPENDIX 'F' EXAMPLE BUILDER SITE PLAN - -- - IO' U-TILITY tSM'r--- - - - �O 13EPLACE M M14Dk � TF-we + T`CP. 8a 3° ' I \ I-z" POST OkK I O (BE f R ER T REMOVED ESVED KEE �1 MOV60 + T`(PIGAL_ / w BY I K e QU E:sT LEG�ND + / EXISTING TP�EE W TREES TO Be -} = -ro REMAIN \ M MOVED i 0 CL PRoPos s 0 I NOUSs = RE{�LPcLEMENT TREES .y. \ —_ TREES O F3E \ � EZEf'IOVED B u RED > + �L O PLY, � Q a 3 SI PEW NL.K- laRo.SS S-(KEET TREE REMOVAL PERMIT REQUEST PREPARED BY OWNER: 2143 OAK ST. , SOUTHLAKE-4/18/93 MR. TREE SAVER 1913 SPRUCE ST. ' DALLAS, TX. 70418 PH. 214/240-2108 -19- t t April 1, 1994 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 CITY HALL (817) 481-5581 FAX (817) 488-5097 BUILDING INSPECTION DIVISION GUIDELINgS FOR COMMERCIAL CONSTRUCTION BUILDING DEPARTMENT * * * * *NOTICE TO ALL BUILDERS : * * *** EFFECTIVE APRIL 1, 1994, THE FOLLOWING SHALL APPLY: 1) CITY APPROVED PLANS MUST BE LEFT ON JOB SITE AT TIME OF INSPECTIONS . THIS SHALL INCLUDE ALL INSPECTIONS __EXCEPT PLUMBING ROUGH-IN AND T-POLES . 2) ALL INSPECTION REQUESTS MUST BE ACCOMPANIED BY THE MAIN PERMIT NUMBER, FAILURE TO PROVIDE THIS NUMBER WILL RESULT ' IN CANCELLATION OF THE INSPECTION. 3) PERMIT CARD MUST BE POSTED ON JOB SITE. CITY OF SOUTHLARE 667 NORTH CARROLL AVENUE SOUTHLARE, TEXAS 76092 CITY HALL (817) 481-5581 FAX (817) 488-5097 SUBMITTAL REQUIREMENTS FOR BUILDING PERMITS A. If work is entirely within an existing building ie, gemodel or Interior Finish. 1 . 2 Plot Plans showing location on the property. 2 . 2 Floor Plans showing area being remodeled including all corridors and stairways involved in exiting the subject space. 3 . Typical wall section to show type of construction. 4 . Plumbing, Mechanical & Electrical Plans showing all work in scope of project or note existing systems . 5 . If establishment requires Tarrant County Health Department license then health department plan review is required prior to permit issuance. 6 . Drawings subject to Texas Engineering Practice Act must have legible seal and signature. B. If work is new construction or addition. 1 . 3 complete sets of plans including all above plus detail site and landscape plans . 2 . 2 additional sets of site plan information. C. For all projects all 4 permit applications are required; Building, Electrical, Plumbing and Mechanical . All 4 contractors must be currently registered with the City of Southlake . ($75 . 00 Annual Registration Fee) . City of Southlake 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 488-5097 • INSPECTIONS. . . . .Ext. 751 PAUL WARD. . . . . . .Ext. 755 BUILDING INSPECTIONS DIVISION EDDIE WILSON. . . .Ext. 746 CHUCK BLOOMBERG.EXT. 747 JEAN BRYSON. . . . .Ext. 742 GUIDELINES FOR COMMERCIAL CONSTRUCTION 1 . Office hours are 8 : 00 to 5 : 00 Monday through Friday. - 2 . Utility Construction in easements and Right-of-way is not authorized by Building Permits . Such work is only authorized by the City Engineer. 3 . MAIN PERMIT NUMBER must be included with all inspections called in on the recorder. The recorder number is 481-5581, EXT. 751 . Requests for inspections shall be: ** A.M. INSPECTIONS MUST BE CALLED IN BY 8 : 00 A.M. ** P.M. INSPECTIONS MUST BE CALLED IN BY 12 : 00 NOON 4 . General contractor will pull all permits at once. It is his responsibility to make sure all trades are registered and licenses are valid. 5 . A re-inspection fee will be charged when: a) Inspection called for is not ready; b) The temporary electrical pole does not have a building number; c) No building address posted; d) City approved plans not on the job site; e) Building is locked; f) Being red-tagged twice for the same item; g) Red tag has been removed from job site. 6 . Re-inspection fees are $30 . 00 7 . No construction may begin until a building permit has been issued. EXCEPTION: Lot clearing and grading. -1- 8 . Building 'permit must be displayed in an obvious place that can be seen by the public. 9 . Strip Centers - Permits are issued for shell; - Separate permits required for finish-out of suites. 10 . Building addresses must be posted at each building space at all times. Numbers must be a minimum of eight inches (811 ) in height . At final inspection Permanent Address Numbers must be posted. A. Where clearly visible from the street . B. On or near the main entrance. C. On the back door where there is a service entrance. D. Where multiple meters are on a building meters and panels shall be numbered to identify spaces served. 11. Addresses must also be posted on all temporary electrical poles . 12 . City approved building plans must be available on the job site when inspections are conducted. 13 . If Application for Certificate of Occupancy is made prior to final then no Certificate of Occupancy fee will be charged. INSPECTIONS REQUIRED 1 . Temporary Pole 2 . Plumbing Rough 3 . Electrical in Slab 4 . Foundation 5 . Wall Rough: All electrical, plumbing, mechanical, and framing in walls must be complete and ready for inspection at the same time. A pressure test on gas line is required on top out and final . 6 . HVAC Duct Rough: Before insulating duct 7 . Electrical Rough: All wires pulled to J-Boxes . 8 . Above Ceiling: All electrical, plumbing and mechanical must be complete and ready for inspection at the same time . 9 . Fireplace 10 . Wall-Tie 11 . Electrical Pipe in Ditch: Site lighting, sign circuit 12 . Approach 13 . Final : All trades must be called at the same time, landscape and sprinkler system must be complete for the final inspection BUILDING CONSTRUCTION REQUIREMENTS SHALL CONFORM TO: 1991 Uniform Building Code 1991 Uniform Plumbing Code 1991 Uniform Mechanical Code 1990 National Electrical Code -2- Each of these items must be done in the proper order. If an inspection is called in before a prior required inspection has been made, no inspection will be done. No concrete or plumbing rough inspections will be made if it has been determined that it is too wet . All rained our inspections must be recalled. No concrete inspections will be made unless the temperature is 38 degrees or above and rising. All inspections held back because they do not meet this requirement must be recalled. -3- on Q 3 co �. 1.l1 IT "' `� AO U 0! Q a ` �o � w uj v -Z; xu 0 < V� 4 cu zr cn LL tn Q Q'��• o co t v Vor i vble _ � A .� � < -- C' > tY - LXJ u� ; J N a 2 W _ o c � ? to d -� � V •j'` CQ `o o j Z Z � tnn'� Q� p� TREE PRESERVATION ORDINANCE SUMMARY FOR BUILDERS 4/27/94 Tree Preservation Ordinance No. 585 was approved by City Council on June 15, 1993. This summary is provided to assist all builders in understanding the regulations but it is highly recommended that all builders purchase and thoroughly understand this ordinance prior to removing trees from a property. PROTECTED TREES - Not all trees are protected by this ordinance. Only those trees which are 8" in diameter (25" circumference) at 4.5' above the ground and are noted in the "Quality Tree" category. Additionally 8" trees noted as "Marginal Trees" may be protected if determined by the Landscape Administrator to have "unique individual characteristics". CRITICAL ROOT ZONE - The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline (see Appendix `D' attached). PROHIBITED ACTIVITIES • Removing a protected tree prior to issuance of a building permit or a tree removal permit. • Storage of construction materials, excavation or demolition materials within the critical root zone of a protected tree. • Equipment Cleaning/Liquid Disposal - No equipment may be cleaned (paint sprayers, etc.) or liquids deposited (oil, paint, solvents, concrete, mortar, etc.) within the critical root zone of a protected tree. • Tree Attachments: No signs, wires or similar may be attached to a protected tree. • Vehicular Traffic: No vehicular or construction equipment traffic or parking shall take place within the critical root zone. • Grade Changes: No grade changes in excess of 4" (cut or fill) shall be allowed within the limits of the critical root zone. • Impervious Paving: No paving with asphalt, concrete or other impervious material in a manner which may reasonably be expected to kill a tree shall be placed within the critical root zone except as allowed in this ordinance. • Removal of any trees prior to issuance of a building permit. TREE REMOVAL ALLOWED - Once a building permit has been issued, protected trees which are within the driveway, sidewalk, pool/deck and within 12' of the foundation may be removed. TREE REMOVAL PERMIT REQUIRED - In order to remove any other protected tree an application must be submitted to the Building Inspections Division for approval. VIOLATIONS - Every protected tree removed in violation of this ordinance is a separate incident subject to a fine of $500 per tree. Attachments: Appendix `A' - Tree Summary Appendix `B' - Tree Removal Permit Application Appendix `D' - Tree Exhibit Showing Critical Root Zone Appendix `F' - Example Plan for Permit Application Qe CAORMTREMBUILDER.SUM APPENDIX 'A' r TREE SUMMARY The following is a summary of representative trees for each category of tree. QUALITY TREES Common Name Botanical Name Identification Notes Pecan Carya illinoensis Pecan fruit, compound leaves Cedar Elm Ulmus crassifolia Deciduous, 1"-21, dark green leaves Shumard Red Oak Quercus shumardii Deep pointed lobes in leaves Texas Red Oak Quercus texana Vertical multi-trunk shape Live Oak Quercus virginiana 1 1/2" dark green pointed leaves Bur Oak Quercus macrocarpa Large acorn, leaf border at end Post Oak Quercus stellata Deep lobes, rounded tip on leaf Black Jack Oak Quercus marilandica Leathery 311-7" leaf, no lobes Lacebark Elm Ulmus parvifolia Small dark serrated green leaves Chinese Pistache Pistacia chinensis 3" sickle leaflets, fall color Sweetgum Liquidambar styraciflua Star shaped leaf Austrian Pine Pinus nigra Two needles Chinquapin Oak Quercus muhlenbergii Oblong 4"-6" serrated leaf Southern Magnolia Magnolia gra.ndiflora Large evergreen Leaf, white flower Bald Cypress Taxodium distichum Feather-like foliage, fall color Caddo Maple Acer barbatum 'Caddo' Five-lobed leaf Texas Hickory Carya texana Five leaflets, 1"-2" nut MARGINAL TREES Common Name Botanical Name Identification Notes Cottonwood Populus deltoides Deep fissures in bark, heart shape leaf Mesquite Prosopis glandulosa Lacy open foliage, 10" bean fruit American Elm Ulmus americana 'V, shaped main branching Slash Pine Pinus elliotti Tall cylindrical shape Honeylocust Gleditsia triacanthos Lacy foliage, thornless variety only Japanese Black Pine Pinus thunbergii Twisted growth, dark green needles Western Soapberry Sapindus drummondii 18" compound leaf, 1/2" clear fruit Red Cedar Juniperus virginiana Native, pyramidal shape Deodar Cedar Cedrus deodara Large pyramidal evergreen OTHER TREES OF CONCERN Although the following trees do not typically obtain the protected 8" size, the City would like to recommend that protective care also be considered for these trees: Common Name Botanical Name Identification Notes Redbud Cercis canadensis Purple/white flower in spring Mexican Plum Prunis mexicana White flower, exfoliating bark,thorns Possumhaw Holly Ilex decidua Showy orange/red fruit, deciduous Golden Raintree Koelrutaria paniculata Yellow flower, panicled fruit Yaupon Holly Ilex vomitoria Evergreen, light bark, red fruit Cherry Laurel Prunus caroliniana Glossy evergreen foliage, shrubby River Birch Betula nigra White flaky bark Eves Necklace Sophora affinis Dull green tear-dropped shape leaf -14- 05/06/93 EXHIBIT 'B' CITY OF SOUTHLAKE TREE-REMOVAL PERMIT APPLICATION DEVELOPMENT NAME: LOT: BLOCK: . STREET ADDRESS: OWNER CONTRACTOR/BUILDER NAME: F.DDRESS: PHONE: I hereby certify that this application meets the requirements of the Tree Preservation Ordinance and further certify that all construction pertaining to this project shall meet the requirements of the Tree Preservation Ordinance. Signed: Title: Date: ************************************************************************************** For City Use Only: I hereby acknowledge receipt of this application and the application fee in the amount of $ on this the day of 19 Signed: Title: ************************************************************************************** Shown Not GENERAL INFORMATION On Plan Applic. Appropriate title (i.e. Tree Removal Permit Exhibit) Title block includes street address, lot and block, subdivision name Title includes City and date of preparation North arrow, graphic and written scale in close proximity Name, address and phone of owner Name, address and phone of person preparing the exhibit Location of tree(s) to be removed is tied down with dimensions from two nearest property lines Location of all R.O.W. lines and public easements Location of buildings, structures, pools and other improvements Areas of cut/fill and flow lines Caliper and common name of tree(s) to be removed Any required replacement trees) shown with caliper size and common name of tree Limits of construction line shown Reason Tree Must be Removed: **************************************************************************************** Permit for tree removal approved the day of 19 By: Title: Notes: -15- APPENDIX 'D' TREE EXHIBIT (fkNoPY ` I I I I I -r RuNK I I D91P LINE , G KIT Ir-NL F. oOT ZONE I - 20' TO 0U-rERT'I0ST Zo' RAp1US 1=oK DRIP LANE coNGENTRIC GIRGI.� I I I r CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. DRIP LINE: A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. -17- APPENDIX 'F' EXAMPLE BUILDER SITE PLAN - -- -�10' UTILI-TY tSMT--- - - - �O REPL.AGE M ANT �' 11 O � so I I \\ 1-2 POST okK '[O fd B � "' RE MOVED PRESE2vf=D TREE �f PERm1T }� 1 REQUEST '3 I W j �+ / LEGr=ND s / �/ � + EXISTING TP�EE w TKEES To 8e -{- = -ro REr-IAIN o RE MOYED i cc -- --K-/'T YP. CL PRoPas e O I HOUSE � = REpLt�GEMENT TREES TREES TO BE Renoveo I _ L0DIVE 1 till REP > ♦ o RK 1 OR)< A- O R! a 3 SI DEW atLk. �,izp.ss STRF-ET TREE REMOVAL PERMIT REQUEST PREPARED BY OWNER: 2143 OAK ST. , SOUTHLAKE-4/18/93 MR. TREE SAVER 1913 SPRUCE ST. DALLAS, TX. 70418 PH. 214/240-2108 -19- EVIE IVI April 1994 A Newsletter from the City to residents of Southlake Vol. 3, No. 3 HOW IS SOUTHLAKE DOING? Editor's Note: This edition of Southlake In Review is dedicated to the results of a mid year review of the City's financial condition and operations conducted by the City Council at its April 19, 1994 meeting. STATE OF THE CITY'S FINANCES CITY MANAGER'S CORNER_ -Jun Sabonu, First Southwest Company -Curtis E. HawkFiscal year year 1993 was a significant year for the City of Southlake. The City achieved many important goals: 1) Dear Southlake Resident The City's bond rating improved as a result of conservative A ' financial management continued by the City Council, staffs This issue of the newsletter is devoted to the mid- effective management of the City's expansion, and continued year financial review of the City. The City of economic growth, 2) the City refunded existing debt when rates were Southlake's fiscal year begins October 1 and ends lowest in near history and issued the fiscal year 1994 bond program to September 30. Each April the staff reports to the save future debt service costs, and 3)the City also set in motion the process City Council during one of the regular meetings a to fund future park capital needs through the implementation of the review of the City's financial condition through mid- Southlake Parks Development Corporation. year. In the April 19 regular meeting staff presented overall fi the 1993-94 mid-year review. The informationnancial Condition-Overall, the financial position of the City is(60'etrong. provided City Council has been incorporated in this The City's revenue sources of property taxes, sales taxes, and user edition of the newsletter, along with comments fees have increased dramatically due to growth. At the same time, Council provided City Council by James Sabonis with First and staff have been able to balance the continued infrastructure requirements Southwest Company, the City's financial advisor. with effective management of the expansion of City services. Most importantly, while there has been no tax increase since 1991 the City has The excellent financial condition of the City and the been able to show significant improvement in its financial condition. integrity of our financial management has been attested to by the reports of our financial advisor and Bond Ratine Upgrade - The City's strong and continually improving our independent auditor, Weaver and Tidwell. financial situation allowed it to improve its bond rating. This upgrade has Additionally,the City of Southlake has been awarded already saved the City $45,000 in borrowing costs. a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Refunding-As interest rates declined last summer, staff analysis indicated Officers Association of the United States and Canada that the City had potential refunding opportunities, and an opportunity to (GFOA) for each of the last three years. The accelerate the 1994 bond program, which would offer reduced future debt Certificate of Achievement is a prestigious national service. The City was able to, within one week of interest rate lows, award recognizing conformance with the highest implement the refunding and new money issuance at a net interest cost of standards in financial reporting. 4.6% which allowed the City to save on a present value basis $159,000 or 5.6% of future interest costs. All of this speaks well for the excellent work of the City's department directors(Lou Ann Heath,Director SPDC - To meet the challenge of funding Southlake's park program, the of Finance; Billy Campbell, Director of Public Southlake Parks Development Corporation was formed. The SPDC will Safety; Greg Last, Director of Community utilize the half-cent sales tax to fund all future park programs. The first Development; Bob Whitehead, Director of Public bond issue is being implemented now, and should be completed in early Works) and all of the members of the City Council, summer 1994. appointed board and commission members, and other citizen volunteers who have worked over the last five )uthlake is a unique city. While growing dramatically, its financial years to make Southlake what it has become today-- wndition has improved. This is the combined result of the people that live The Cityof the '90s in northeast Tarrant County, ty, here, the quality and efforts of the elected officials and the staff they hire. the best area of the metroplex. See Manager, Page Two MANAGER - Cont'd CITY PHONES 481-5581 The City Council recognized five years ago that Southlake was going to grow significantly because of the real estate adage: location, location, location. The City City Secretary Ext. 703 Council took steps to develop and put in place a series of planning and land use controls City Manager's Office Ext. 702 to make sure the expected growth would be quality low density growth. The quality of Public Safety Ext. 725 the new subdivisions, the financial numbers, and the demographic statistics reflect the (Fire&Police) foresight of the City Council members and community leaders. Due to the controls in Public Works Ext. 741 place, the numerous construction projects and growth in the City's infrastructure have Finance Ext. 716 Community Dev. Ext. 744 been within our ability to manage and our ability to pay. Municipal Court Ext. 713 ago, Water/Sewer(Utilities) Ext. 719 There was a one cent($.01)increase in our municipal tax rate four(4)years $ , but no Parks&Recreation Ext. 756 increase in the last three(3)years. In the last five years, our municipal sales tax receipts Action Line Ext. 777 have started to grow significantly, thanks in part to the planning and infrastructure improvements (e.g. reconstruction of F.M. 1938 and F.M. 1709, construction of water and sewer lines in the area) necessary to bring commercial/retail growth to Southlake . The commercial development will enable the City to keep the ad valorem tax rate low. Indeed, the anticipated growth in our commercial/retail tax base should begin to lessen VaN MAINTAIN A FUND BALANCE9 the overall tax burden--City and school--of the homeowners in Southlake. The Comprehensive Annual Financial Report for the fiscal year ended September 30, Why maintain a fund balance? A fund 1993,presented to the City Council by the City's independent auditor Weaver&Tidwell balance is maintained to provide working on April 5, 1994, shows an unreserved and undesignated General Fund balance of capital in the event of emergency situations, $1,405,310. Our financial future, given our growth and the steps taken by our policy to offset significant downturns in makers, is bright. expenditures, and to meet statutorily required reserve funds to guarantee debt Feel free to call me or Lou Ann Heath, Finance Director, if you have any questions service. A healthy fund balance also is one :rtis cerning the annual budg t or financial report. of the considerations in establishing a City's credit worthiness with the bond r agencies. The City Council has ado` E. Hawk, City Manager policy establishing a minimum of 15%, the optimum goal of 25% of General Fund budgeted operating expenditures. HISTORY OF SALES TAX COLLECTIONS GENERAL FUND-FUND BALANCE HISTORY 1989 - 1994 YTD 1,600 Thousands Thousands 1,400 .... .'................................ 700 1,200 ---.... ............ 600 .. 1000 ........ ...... Apr 94 500 � 800 ------ 600 r .. 400 400 300 ' 200 . . ..... 200 ' 0 100 ..- -200 87 88 89 90 91 92 0 Fiscal Year 89 90 91 92 93 94 Fiscal Year Excerpted from the CITY OF SOUTHLAKE 1993 COMPREHENSIVE ANNUAL FINANCIAL REPORT as presented to the City Council April 5, 1994 General Government Functions. The schedule below presents a summary of General Fund, Special Revenue Fund, and Debt Service Fund revenues for the fiscal year ended September 30, 1993 and the amount of increases and decreases, and the total percentage increase in relation to prior year revenues. Dollar Total Percent Inoreasef Percentage of (Decrease) Increase Revenues Amount Total From 1992 From 1992 Taxes Ad Valorem $2,981,048 52.4 $241,798 Sales 636,737 11.2 126,702 Franchise 305,909 5.4 26,290 Licenses/Permits Platting 217,668 3.8 181,398 Building 626,264 11.0 188,101 Other 555,806 9.8 135,742 Charges for Services 60,328 1.1 12,788 Fines/Forfeitures 181,029 3.2 (26,470) Miscellaneous 120,552 2_1 (3,292) Total Revenues $5,685,341 100.0 $883,057 18.4 The following schedule presents a summary of General Fund, Special Revenue and Debt Service Fund expenditures by Function/Department for the fiscal year ended September 30, 1993, indicating the amount of increases, and the total percentage increase in relation to prior year amounts. Total Percent Dollar Percentage of Increase Increase Expenditures Amount Total From 1992 From 1992 General Government $797,743 15.6 $126,665 Finance 350,630 6.8 12,946 Public Safety 1,819,748 35.5 121,414 Public Works 1,267,783 24.7 279,081 Community Development 234,170 4.6 88,756 Debt Service Principal 240,000 4.7 35,000 Interest/Fiscal Charges 414,983 8_1 65,907 (tow, Total Expenditures $5,125,057 100.0 $729,769 16.6 Uses of All Funds Annual Budget Oct 1, 1993 - Sept 30, 1994 Personnel 32.1% Transfer 2.4% Debt Service 12.5% Operations 35.1% A Capital Outlay 17.8% Total Uses of Funds by Category Public Safety 19.7% Finance 3.9% General Government 8.8% ::::::::::: ::::: Transfers 2.4% .:.......................... .............................. ................................ .................................. Public Works 22.7% ........... :::: Debt Service 12.5% ............... Community Development 2.5% Utility 27.5% Total Uses of Funds by Department artment t w PLANNING FOR SOUTHLAKE'S FUTURE BEGINS Mission Statement/Citizen Satisfaction Survey to Guide Process rapidly growing and dynamic city requires constant updates to the planning process to ensure that tomorrow's challenges The Council has conceptually approved an approach which are anticipated and addressed as they are presented. will take approximately one year to complete. It is hoped the Recognizing that Southlake is changing significantly,the City results of the planning effort will be presented at the 1995 Council has encouraged staff to intensify its organizational and mid-year review. The proposed timetable includes: strategic planning efforts. Two Tier Approach - The Council has expressed interest in 5/17/94 . . . . Council Appoints SPIN Standing Committee looking at two interrelated, yet separate areas of planning: 6/94 . . . TEAM Focus (Electronic Brainstorming)w/SPIN maximizing the effectiveness of the internal organization, and creating a mechanism for "community visioning." The first 8/94 . . . . . . . . . . Design Citizen Quality of Life Survey will include an evaluation of internal processes as they relate (SWISPIN/Appointed Boards&Commissions/Council) to achieving the objectives articulated in Southlake City employee's Mission Statement. The second will involve 9/94 . . . . . . . . . . . . . . . . . . . . . . . Conduct Survey developing a quality of life vision for Southlake in the Year 2010. 10/94-2/95 . . . . . . . . . . . . . . . Develop Strategic Plan Internal Challenges - The City's top managers participated in {Staff/SPIN/Appointed Boards& Commissions/Council) a one and one-half day work session on March 25 & 26 to 2/95 . . . . . . . Present Southlake 2010 to Neighborhoods tackle issues facing the organization. Using the Mission 1995 Annual SPIN Meeting Statement as a basis for developing specific, measurable objectives, they prioritized activities designed to increase the 4/95 . . . . . . . . . Present Southlake 2010 to City Council effectiveness and efficiency of City staff. The importance of Budget Process Begins the March session is that it marked the beginning of the comprehensive planning process for the municipal More information about the planning process will be ganization. forthcoming as the process evolves. In the meantime, questions should be directed to Shana Rice at 481-5581 ext. Community Vision-In addition to setting organizational goals, 705. the Council has expressed an interest in implementing a strategic planning process for the community, working primarily through SPIN. UTILITY RATE STUDY UPDATE: LOWERING VOLUME RATES Fiscal Planning Consultant Lewis period. As with the original study,the current update assumes McLain, Jr. presented a Utility that the significant growth Southlake is experiencing will Rate Study Update to the City translate into higher levels of staffing and costs needed to meet Council during the City's Mid-Year utility demand, but the revenues generated from impact fees Review. The purpose of the study and utility charges are projected to meet the demand. p� was to review the financial operations of the water and wastewater system, to make It was recommended that the City lower its water volume rates recommendations pertaining to revenue requirements to by 4.13%, providing a uniform rate of $3.00 per 1,000 accommodate the anticipated future costs, and to compare the gallons for water consumption over 2,000 gallons. No water current water and wastewater rate structure with alternative or wastewater rate increases are projected over the next five structures. The study will provide guidance in selecting the years, yet the City will be able to implement programs and preferred rate structure for the City of Southlake. The capital improvement plans set forth in the Utility Rate Study. ^.ouncil originally commissioned the study in September 1990, The lower volume rate, if approved by City Council, will be i updates are conducted annually. effective with the June billing. Growth assumptions are a key factor of the study, since they Questions about the study? Call Lou Ann Heath, Finance are used for the projections made during the five year planning Director at 481-5581 extension 716. Rank Comparison of Municipal Tax Rates in Selected Northeast Tarrant County Cities* By City, By Rate, 1994 Fort Worth* 0.95 Watauga 0.6967 Arlington* 0.6417_ Euless 0.6186: Hurst 0.596 NRH 0.57 Keller 045441 - - - - - - - - --- - - - - - - - - - Haltom City 0.4742 SOUTHLAKE 0.455 Bedford 0.4350 Grapevine 0.425 Richland Hills 0.4061 Colleyville 0.3:1 ; 0 0.2 0.4 0.6 0.8 1 *Fort Worth and Arlington are included for comparison as two largest cities in Tarrant Co. Source: Tarrant Appraisal District BULK RATE U.S.POSTAGE PAID SOUTM AKE,TX PERMIT NO.55 CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake, Texas 76092 POSTAL PATRON ZONING EXHIBIT 'A' 7 j --•-.-.-.-.-.-. JOHN A. FR MkH SURVEY A-52 I - - - - - - - I ' TNERQN;:/4:RAGAN............ ..... '..... ::':': ....:'::c:':'::'r:........ .............. ........... .':'r: .. ...::' ::..... 'rc..... N::saiiiirc asr .o% .I Z.: .......r... .............................................................................. SK an A�923T:V01:':ypg.p;...................................................: :......... .... ....... ::::::::::::::. :_::-�trAl{': :: ..........•.......r..............:..':........................:: ..= ' . -•: . .....::i':..::_: :: :-:f:rrr:.. ... "'....._:::':'::-::•::':-:;'::' tA3 .... ..................... . .'. ..: : :::::::::::::::.:::.:::.::::.:: ::::.:':'.:.' ::::::::: 6 SfIRVE`Y: : 4: 803 : :'::'::sAl: :::::::::::::::::::::::::::::::::::::::::::........ :::::::::::::::::. ............ ....... i: :: ::.; : :; ::: : ; :;: : : : :: :;:: : :::::'::: ::'::::': aii: :::::::; : : ::2et ::::': :'::'::::::.':::::::::::::::::::::::::::::::::::::::: ..... :::::::::::::::: ::iA^929':YOL :St52:R:.136 ....::... t rrRAUY:1 :'.f.QsrTR':::: :'::':::::::'::.....:..:.:.::..:...::...........:.................................... : ::::': ::::': :::: :::_::'::::::::'::':: : ::; L� .... ........ '. .'... .::.'.':.'.'.':e�:. ..........................................:':::: IA a. , :d':'i:':':'r::.................'...... .......:.: ::..:.:':......'.:'..'.':..'.':. :: 'h:.: ..::: .� ::::::... . R .... ?......: '�'::. ::::::: .':::::::.:-:: 'n':.'. ..... .:: ::::: 'A::.I. ........ i ....'........'........... .:.'.. N — — 2A— 2F — — — — 1 >e+� e«3 teloo 2n to 1A IOU Im TAt i 111/C 1M tetff E 1&1P r SWA I 1B10 111Nf2 t81� s 1"=500' ZONE-L1.M City of Southlake,Texas MEMORANDUM (awl April 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-26 Rezoning/Ordinance No. 480-117 REQUESTED ACTION: Rezoning for a 1.006 acre tract of land situated in the Francis Throop Survey, Abstract 1511, Tract 1N. LOCATION: 1840 N. Kimball Avenue. OWNER/APPLICANT: Les Gibson. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-30" Single-Family Residential District. LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: Three in favor: * Lester Strait, 1900 N. Kimball Ave. * James E. Thompson, 4609 Bethany, Garland (SW of site) * R.D. Henry, 1020 Chestnut, Irving (NW of site) P & Z ACTION: April 7, 1994; Approved (4-0-1) rezoning from "AG" Agricultural to "SF-30" Single-Family Residential District. COUNCIL ACTION: April 19, 1994; Approved (5-0) First Reading, Ordinance No. 480-117. STAFF COMMENTS: A one-lot plat showing has also been submitted on the property. After the required right-of-way dedication on North Kimball, the lot will contain 0.98 acres. The applicant's variance application was approved by the ZBA on April 14, 1994 to allow a private sewage disposal system on a less than one-acre lot. M� KPG/bls C:\WPF\MEMO\CASES\94-26.2 -7A - I ,OII .IN I ka � 1 L eEICS ., d IL r i jj.w�►, ; �,� � Lem ©iE3It 14�SEA WWI ���1� ® IIIG'A'A �� 11 � 1 10 ¢L 6 aaoag i — — TRAIL LAKE OR. g TR ILi TR iFF 48 AC TR iC1A 1 .05 AC II IL 1 2 3 4 5 6 . 42 ACC 25 24 23 22 21 20 5 8• TR S88 TR iF. SWEET BRIAR 97 AC 849 @ � 4 5 6 4 TR IEE1 � � — W TR IV TR iH O H 7 .5 AC Y I TR iV1 TR SGS w — — — — I 46 AC 39 AC U cc TR iP I "AG" TR 2A 3 45 AC I I TR iW L. Strait II TR iM 7 AC .5 AC 6 TR iP1 I 5 AC I) . 45 AC I 6 "AG" . "AG" W. Geiger TR 101 2 R. D. Henry I 5 I TR iXl TR 10 1 I B. Bone I I N S. Sandel ) "AG" I TR IX II i 1 S. Wheeler 4 1 "AG" J. Thompson G. Burris . City of Grapevine 2 5�� R Ii TR iR "AG" T5 AC QQ J/ i AC TR SY E "AG.. C1Sz i AC TR IiI N3 P S. Davidsonv o gaDa9 ���`vG 1 TR iZ Y N 0 i AC TR 10 w ; ;;q,3N� 1 AC cc �- U J 1 � � TR 1EE2 Q 1 . 18 AC o TR IAA TR lE f' i AC i AC 7 TR 382 3 4 .88 AC kw:B T5AC ADJACENT OWNERS .563AC 1 AND ZONING 1 2 1NV \ .87 AC 85 I'V TR 2C �(�3 2. 18 AC J I r � � tfit i, 1 s fit 1 I I I lill 11 1i a U x MA � Q orr. — d a.is ZF O1 u n N h N � m h ��� O ° Q N 7 R-' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-117 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 H 14011 IM ..................ANN-*............ • • .............. ...... .............. . ................ .... . = 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 e 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 CAORMZONINGN480.117 Page 1 -7 A-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: C:\ORMZONING\480.117 Page 2 7 A-/ Ti......i.•.:�..::'......:::•:>Y.iii?:•i":•::::•ii:•is':•i:+•iiii::••:•••,............................................................ ......•.:••:•.:................... .....................? vi".iiiii::•:iii:"Y.""•:ii i:i^:iiyi�:4L4'4i iv:• /.fR:: tJ1iF.• :::: �:iT. 1:1Ri: :::'ail.:v}: 0• ::: ki 'JY}Y.{::ii: :.::: :: �FIFK ::::..::::::::::....::::::::::::::: 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 C:\0RD\Z0NING\480.117 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: C:\0RD\Z0N1NG\480.117 Page 4 EXHIBIT "A" BEGINNING at a 'X' cut in the West right-of-Way Ine of KimbaN Avenue said point being 1289.11 feet North and 30 feet West of the intersection of Kimball Avenue and the center line of Dove Road; THENCE West 182.5 feet to a steel rod: THENCE South 240.0 feet to a steel rod- THENCE East 182-5 feet to a steel rod in said West R.O.W me of Kimba/!Avenue THENCE North along said West R.O.W. Gne of KimbaA Avenue 240.0 feet to the Place of Beginning and containe)g 1.006 acres of rand, more or less C:\ORD\ZONING\480.117 Page 5 � 7�� City of Southlake,Texas MEMORANDUM CITY MANAGER April 29, 1994 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 94-19, Authorizing City Attorney to Draft Annexation Ordinance. The next step in the annexation process after the second public hearing, is to authorize the City Attorney to draft an ordinance annexing the property into the City with an Agricultural Zoning. The Service Plan will also be presented during this meeting. If you plan questions, please give me a call. Al M=O\annexation\msoMOa\31 City of Southlake,Texas RESOLUTION NO. 94-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO DRAFT AN ANNEXATION ORDINANCE ANNEXING PROPERTY INTO THE CITY LIMITS OF THE CITY OF SOUTHAKE, TEXAS; THE PROPERTY BEING MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE WHEREAS, the City is proposing to annex property which is currently contiguous to the City and within its extraterritorial jurisdiction into the city limits of the City of Southlake, Texas; and, WHEREAS, the proposed annexation will have the effect of increasing property values, regulating growth, development and density within the proposed area and enhance the health, safety, morals and general welfare and quality of life of the citizens of Southlake and the residents of the area proposed to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That 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. That the City Attorney is hereby authorized to draft an ordinance annexing the land more particularly described in the attached Exhibit "A". Section 3. That this resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 3RD DAY OF MAY, 1994. Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary co\MV\MS\==X\sl 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 coiner at the Northeast corner of that certain 30.866 acre tract of land conveyed to the Veterans' Land Board by Deed recorded in Volume 3256, Page 93, Deed Records. Tarrant County.Texas; THENCE SOUTH 89 degrees,45 minutes, 15 seconds West with fence in he North line of said Veterans' Land Board tract,and with the South line of said Throop Survey and the North line of the Heirs of Christopher Dart Survey,Abstract 2003, 12.2 feet to the PLACE OF BEGINNING, and containing 0.361 acres,more or less. \southlak\throop.su r 7� • EXHIBIT 'B' ANNEXATION TRACT ---------- --------------- ----- o Q i O N 3: alp � o� z 3 7 4 Q 2 6 7A48 7AIA 'S V ~ .126 Ac 4810 7A 7A i WA Q J N 1"=200' ti 7A V 4 7A W I J 7A 7A 4A 4811 y,FS TRACT 8 9B 1B2A1 T °°IlF 7A (j) A ST�,FeT4C a I I 5A 1. 000P SURVEY A-1510 SURVEY A-2003 SOUTHf AKE CITY LIMIT 18 11 28 I 17 1 Ac I 16 10 2C 1A - - - - - - - - J ��r 15 — — — r !� 1 35 Ac Z i Ac Q — 9 —-— — — — — 14 Lj Fn — — — Z Q 3 ' Y 13 Q O 8 N 12 ._._ •_._. 4 0011 ( L r City of Southlake,Texas SCHEDULE FOR ANNEXATION OF PROPERTY 0.361 ACRES OF LAND ON WEST DOVE April5, 1994 Resolution No. 94-15, calling two public hearings for annexation April 8, 1994 Publish notice of public hearing to be held on April 19, 1994. (to be published not more than 20 days before or less than 10 day of public hearing) April 19, 1994 First Public Hearing for Annexation. April 20, 1994 Publish notice of public hearing to be held on May 3, 1994. May 3, 1994 Second Public Hearing for Annexation. Approve Resolution, instructing the City Attorney to prepare an Ordinance, annexing property. May 17, 1994 First Reading of Ordinance annexing property into City of Southlake. Present Service Plan, attached to Ordinance. May 20, 1994 Publish Ordinance for public hearing to be held on second reading. June 7, 1994 Second Reading and Public Hearing of Ordinance, Annexing property into the City of Southlake. xhedule\annexationkal A ,i EXHIBIT "A" TO ORDINANCE NO. 499 ANNEXATION SERVICE PLAN CM THROOP SURVEY, ABSTRACT NO. 1510, TRACT 7A GENERAL: This annexation incorporates an area of the C.M. Throop Survey, Abstract No. 1510. Tarrant County, Texas referred to as Tract 7A (see attachment). SOLID WASTE COLLECTION: . Solid Waste Collection service in the City of Southlake is presently being provided by Laidlaw. Service will be provided to the annexed area. UTILITY SERVICE: POWER: (TU Electric/Tri County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. GAS: There is no current gas service adjacent to the annexed area. CABLE TV: Harron Cable will provide cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. TELEPHONE: (General Telephone Company/Southwestem Bell Telephone Company will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake does not provide the water service to this area; however, City water is available immediately adjacent to the annexed area. All water system improvements within the annexation area will be in accordance to the present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Texas Board of Health Standards for the construction of private sewerage facilities, as administered by the Tarrant County Health Department. ANNEXATION SERVICE PLAN C.M. Throop Survey Abstract No. 1510, Tract 7 A Page 2. ROADWAYS AND ROADWAY MAINTENANCE: The proposed annexation area is currently being maintained by County forces. The County will continue to provide maintenance to the current streets. The annexed area does not include any of the existing roadway. FLOOD PLAIN: Based upon the Federal Emergency Management Agency (1;EMA-) Flood Insurance Rate Map (FIRM), dated January 6, 1993 a portion of this property is located within the 100-year floodplain. Development within the floodplain area will be controlled by existing City codes and regulations. POLICE PROTECTION: The annexed area is currently and will continue to be patrolled. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. FI RE PROTECTION AND AMBULANCE SERVICE: The annexed area is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and capital expenses will be incurred regardless of the annexation. SUMMARY: Fire protection, police protection, water and sewer services to the area can be provided at no direct expense to the City under present policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with TU Electric, Tri-County Electric, Lone Star Gas, Planned Cable Systems and Laidlaw. RECOMMENDED FOR COUNCIL CONSIDERATION: Cu is awk City Manager City of Southlake,Texas MEMORANDUM April 21, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-22 Specific Use Permit/Resolution No. 94-17 REQUESTED ACTION: Specific Use Permit for the sale of alcoholic beverages per Ordinance No. 480, Section 45.1 (1) and 45.6, being legally described as 161.53 acres situated in the Hall Medlin Survey, Abstract No. 1037, Hollingsworth and Barnett Survey, Abstract No. 797, J.N. Gibson Survey, Abstract No. 591, M. Davenport Survey, Abstract No. 432., and more commonly known as Timarron Golf Course and Clubhouse. Note the applicant's "Food and Beverage Business Concept" which is attached. They propose food and alcoholic beverage sales at the grill/bar in the clubhouse and on carts patrolling the golf course. During discussions at the Planning and Zoning Commission meeting, the applicant indicated that only beer and wine by the glass would be available on the traveling cart and that mixed drinks, beer and wine by the glass would be available at the clubhouse. LOCATION: South of Continental Blvd. and West of Brumlow Ave. OWNER/APPLICANT: Timarron Land Corporation. CURRENT ZONING: "R-P.U.D." Residential Planned Unit Development. LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eleven (11) RESPONSES: Two in favor: * J.D. Doan, "Good for growth for this city." * Paul and Ann Wright, 305 Highland Oaks Cir. P & Z ACTION: April 7, 1994; Approved (5-0) subject to Plan Review Summary dated March 31, 1994, deleting item#3 (bufferyard requirements - which were previously deleted during the development plan approval)and allowing the vending of beer and wine only in the traveling cart, and mixed drinks, beer and wine by the glass in the clubhouse. City of Southlake,Texas 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. STAFF COMMENTS: No revisions to the first submittal have been received. Attached please find the first Plan Review Summary dated March 31, 1994. V / KPG/bls C:WPF\MEMO\CASES\94-22.SUP APR-28-94 IE=49 FROM: MOBIL LAND DEVELOPMENT 1D: 214S410800 PAGE 2 April 28, 1994 VIA Z&g81mjLz Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Timarron Special Use permit Dear Curtis: This letter is in response to questions and concerns mentioned at the April 19, 2994 City Council meeting regarding the special use permit for the Timarron Country Club. Q. What willhe hours of Brat and me us the beverage „cart? A. The beverage Cart at Timarron Country Club would be in operation on weekenda, during the harmer months of the Year oa some Weekdays and v'banever demand warrants. It is anticipated that the hears of operation Will be between approximately 1o:o4 a.m. and 6:00 palm. on days when the beverage cart operates. The cart is intended to serve bever4ges to tournament players and daily rag golfers. S2. now will the beverage cart operator be trained? A. All drivers or operators of the beverage cart will be required to be at least 18 years of age, have a4 valid driverfs licensee, and go through a training regimen administered on site. The training adainisetered to drivers will include the Carding of anyone who orders alcoholic beverages Who does not appear to be in excess Of 30 year* of age. In addition, all beverage Cart operators or drivers will be trained to recognize indioia and signs of drunkenness in patrons and will be trained not to sex'Ve such individuals. f:\legal\private\tm\hawk--gue.itr APR-28-94 IE:49 FROM: MOBIL LAND DEVELOPMENT ID: 2145410800 PAGE 3 Curtis Hawk April 28, 1994 Page 2 Q. What tyRe of e ce t 1 ut ize cart_ operator? e A. As indicated above, all patrons not appearing to be at least 30 years of age will be carded by th* operator. The beverage curt operators will be supervised by the good and Beverage Director At Ti.marron Country Club. Ouch beverage cart operators Mill be instructed that any violation of the strict requirements of Timarron Country Club as far as carding patron., refusals to servo obviously intouiaated persons, and any Other guidelines ire conjunction with the safe operation of the beveraQe cart will be strictly enforced. �• i t a A. as indicated above, the beverage cart will be available to serve patrons of the golf course, including daily foe players, Timarron residents, and tournament players. In summary, the gale of alcohol from the beverage cart provides a mechanism to monitor and control the consumption of alcohol on the golf course. We look forward to addressing any further questions the City may have regarding this issues. Si , f Steve E. Ye AS- P-8. Project Engineer SEY/ers cc: A.E. Brier R.L. Croteau f:\I4gal\private%tm\hawk-que.ltr TIMARRON COUNTRY CLUB FOOD AND BEVERAGE BUSINESS CONCEPT The main grill facilities of the Timarron Country Club will be open to the public and is designed to offer food and beverages to individuals engaged in golfing, business, banquets and group functions. Timarron Country Club may offer swim and tennis facilities at a future date. The main grill level is designed to serve an all day "casual" type menu. Although its hours of operation may be limited, it is also intended to host participants of golf tournaments, meetings, banquets and receptions. Seating capacity is approximately 150. In addition to the main grill and bar area, there will be a mini- grill (Snack Bar) in the lower level of the clubhouse that will also be available to the public. During busy golfing days, golfers will also have the opportunity to purchase a limited selection of food and beverage items from beverage carts patrolling the golf course. All alcoholic beverages will be sold and served in a responsible manner. TIMARRON COUNTRY CLUB FOOD AND BEVERAGE STATEMENT OF RECEIPTS Although Timarron Country Club has not yet opened, projections for gross revenue derived from the sale of alcoholic beverages is projected to be substantially less than 75% of its total gross revenues. These figures have been determined using projected budgets for 1994, 1995, and 1996 for the operations of Timarron Country Club. f:\legal\private\timarron\gc.liq.lic SA -5 0 HIGHLAN STREET w J LL LL Z w w o a sy a a � . %4 SOUTHLAKE BLVD FM I709 SPUR 382 0 Q J m Q X U ham, ••�. eZ^ CONTINENTAL B VD FAR > `` o a JOHN MCCAIN ROAD DAL .WORTH �. REGIOONALNAL AIRPORT GRAPEVINE _ N ` J �• 1 n. 1 COLL VILLE TRACT LOCATION MAP City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-22 REVIEW NO: ONE DATE OF REVIEW: 03/31/94 PROJECT NAME: Concept Plan for Specific Use Permit-Alcoholic Beveraces, Timarron Golf Course and Clubhouse, 161.53 Acres OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Timarron Land Corporation Carter and Burgess, Inc. 300 E. Carpenter Freeway 7950 Elmbrook, Suite 250 Suite 1425 Dallas, Texas 75247 Irving, Texas 75062 PHONE: (214) 791-3333 PHONE: (214) 638-0145 FAX: FAX: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 03/14/94 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 . Note that the applicant proposes food and alcoholic beverage sales at the grill/bar in the clubhouse and on carts patrolling the golf course. 1. Please change the title to read as follows "Concept Plan for Specific Use Permit-Alcoholic Beverages, Timarron Golf Course and Clubhouse. " 2 . Provide the zoning and land use designation for the subject property (i .e. "R-P.U.D. , " (noting that golf course and 11C-3" uses are permitted within the described area) and L.U.D. = Medium Density Residential . 3 . Note that the required buff eryard planting requirements for the golf clubhouse were waived by the City Council on 11/16/93 during the approval of the development site plan for the facility. (Given: Golf Clubhouse Facility is 11C-3" use per Timarron' s P.U.D. ordinance. Assumption: Golf Course use surrounding clubhouse lot to the Southeast, South, and West is "CS" zoning. ) REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-525' 10' -C 10' -C 16 21 63 East-5981 (street) 10' -C 10' -C 18 24 72 East-196' 10' -Flt 10' -Flt 6 12 16 East-469' (G.Course) 10' -B 10' -Flt 9 14 47 South-330' 10' -B 10' -Flt 7 10 33 West-1, 277' 10' -B 10' -Fit 26 38 128 t Requires a minimum 6' tall wooden fence in addition to the required plantings. 4 . Change the designation of The Dominion development to "Approved Final Plat . " CC: Timarron Land Corporation Carter and Burgess c:\wpf\rev\94-22.sup S14,,, 17 H-R-94 03:27PM TO 18174885097 P002/002 Ing. _M_M&Vj:tr AXS�M'a su"Aamom of". 4or fill A; .-�-Av -.0 i It RESOLUTION NO. 94-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,GRANTING A SPECIFIC USE PERMIT :.:.:.:::.......::....::.:.:..:..1}.,..::.::.:..:Y.:::.:..:..,.:: Y: •r:.::-.: is ';: :...:.:..:.:.:...::;y?.,::.,...:...$;::;.,...}.,...::::..:.........r >' � � � �. .. ......::.::: ::::::. }}•.:. '` ...::::::: :r;.:,.:.::::::::: :.. ..:.......:........�....................... ]R:L.:$::$: '•.:{: i1.0 '}'�.vkr'''•}i:: $: ii'•4''. :::{,.+{: Y: :•-:'v.,;r:;y:: ? t:}:q�}:'+#;;i}J:��}i+${$$•}i{+...:?::C:•}:.;•:+; ti. ..+vh,{::.`•$iM•:v}i r'"}:�:i:•$}3<?ry+r'r::`v::;+l,.;:?{.•:rr::v/.9�v:.r:::::�' ...........•Y::: A*E• iT '0'.`.•..}. `try •:+fi:$ v.:....• :.:... xx �!: ::.coo-:•:. +.....•..��� !'k•:'� .:.,Y.9.�:.::.:.. ..X,...�C :....... i :::::....:...: :::.�:::�:rY.::•++. t:..:.'c•.$vivy:::•:::;::{..•,s}.i;:::ici7�r:.$}+::k;$$$:;%�:<kt:•{f)f•x••:::{:;,•r{�}.t$}:•}:•:t•}:fi:$•`.txit::y}-::•:tf}i�i•: .,...:,.:w.:;;•:;t�.•.J:•::fi:.::•YY:>;>{::;>.y:.,:::::.fi::.J:}Y}}:t•:t�t}..:�.ti.:�}}.,.�.}>:.$:r:. }�,�..r..:........ •... {....., :::�•.��•.. AND COMPLETELY DESCRIBED IN Er<..XHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit ..i,:.fi. ...:•r..::::::.:::.v :::}f::�•w:$:��•><:$:::}::J::{{.r:..$:,�:.,t:afY:rr.,:.. .}-.;o..}�{rJ.}::$•:+s.��.�:�''•`�..:•:• .,f.. .{ J•:J,.::r:.$;::^.;'�:$:?f.•}:{ � '•'::f? ''f'+r�}�I'tyyi�v...:. `v•{{:�,X�,:yy.:.nY :}!.'v., k'ul\•i$}�'$l:Y:•J .•.}'••}:fi}}if�.{r .✓. '�ri{'':::t::.v .v....fi}......:nv................................. :.fih., .....r vJ}:4:•ri:.-'-•1'•'.•h � .. ;: vv .. :.i.�# n....:......v...v..:......n........:......v.........r.......................:}:•.{�i:}$:i{ti•Y::::::::::::x�w::::m:.........n.v.•..r....::}Nr:;:}::�$:$?:=$$�:`:�$:-;•:'-. WHEREAS, in accordance with the requirements of Section 45.1 (1) and 45.6 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such specific use permit is in the best interest of the public health, safety, morals, and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 . ..;Y}:.JiYY:.YY-..:.}: ..J:.}:->:-�.J>:>Y:fi�•.:.:;..;.}..;.Y:�-.J;;JY:.}..:.};.fi:.}:.J..Y;}isfi}:.:•:.}:.}}},..}:.;:.}Y}••:.}:.}: A Specific Use Permit is hereby granted for � ;•::, .::i it <...... on the traveling carts on property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. 1. 2. 3. 4. 5. V4 -9 Resolution No. 94-17 Page 2 SECTION 2 This resolution shall become effective on the date of approval of the City Council. PASSED AND APPROVED THIS THE DAY OF , 1994. CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas C AWPMRFS-ORD\94-17.SUP Resolution No. 94-17 Page 3 EXHIBIT "A" WHEREAS Timarron Land Corporation is the owner of a tract of land located in the City of Southlake, Tarrant County, Texas, situated in the Hall Medlin Survey, Abstract No. 1037, B. Hollingsworth Survey, Abstract No. 797, J. N. Gibson Survey, Abstract No. 591, M. Davenport Survey, Abstract No. 432, being a portion of that certain tract of land described in deed to Timarron Land Corporation as recorded in Volume 9813, Page 2375, Deed Records, :arrant County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the south line of Continental Boulevard, (an 84' right-of- way), and the east line of TIMARRON, PHASE 1, SECTION 2, an addition to the City of Southlake, as recorded in Cabinet A, Slikde 1015, Plat Records, Tarrant County, Texas; THENCE as follows: South 89°50'37" East, 58.15 feet; South 89'41'13" East, 435.37 feet; South 89°09'13" East, 337.25 feet; South 07.21'11" East, 466.32 feet; South 41°10'55* East, 502.48 feet; South 33"18'28" East, 238.55 feet; South 12'02'26" East, 435.99 feet; South 21°57'34" West, 146.73 feet; South 16"59'02' East, 101.64 feet; North 76*52*50" East, 415.38 feet; North 89*57'06" East, 854.85 feet; North 26911'51" East, 637.10 feet; THENCE North 53'13'26' East, 201.78 feet to the beginning of a non-tangent curve to the left whose chord bears South 33°40'33" East; THENCE in a southeasterly direction along said curve to the left having a central angle of 21013'24', a radius of 430.00 and an arc length of 159.28 feet; THENCE as follows: South 44°17'15" East, 50.00 feet; South 11°49'31' West, 143.93 feet; South 24*05'18' West, 190.79 feet; South 33"30'08' West, 468.62 feet; South 55054'42' West, 221.15 feet; South 89*34*15" West, 977.55 feet; North 76045'48" West, 529.05 feet; North 48024*57' West, 109.64 feet; North 030 19'50" West, 495.75 feet; C:WRRES-oaM94-ITSUP Resolution No. 94-17 Page 4 EXHIBIT "A" North 35*04*16" West, 289.18 feet; North 78"2.2'10* West, 80.12 feet; North 29"07'55" West, 315.24 feet; North 04"00'O7" East, 261.06 feet; North 29"10'34" West, 104.75 feet; North 63003'21" West, 99.41 feet; South 61"00'31" West, 56.21 feet; South 19"48'56" West, 471.99 feet; South 31"39'59" West, 39224 feet; South 04"13'09" West, 637.16 feet; South 59038'53" East, 686.02 feet; South 22"53'41" East, 168.99 feet; South 32"55'21" East, 209.20 feet; South 53"11'42" East, 229.49 feet; North 58032'12" East, 126.38 feet; North 79"15'56" East, 487.63 feet; South 86"11'58" East, 160.90 feet; South 76"26'12" East, 190.87 feet; South 59"57'04" East, 370.25 feet; North 76"55'14" East, 260.90 feet; South 48"12'52" East, 597.34 feet; South 84"39'27" East, 83.35 feet; South 42035'05" East, 442.83 feet; South 76"21'29" East, 138.27 feet; South 01"5857" East, 120.25 feet; North 68"13'37" East, 731.41 feet; North 01"27'56" East, 466.12 feet; North 86"32'46" West, 232.44 feet; South 48"37'47" West, 330.66 feet; South 40009'46" West, 396.30 feet; South 62"28'29" West, 73.86 feet; North 42"35'05" West, 284.69 feet; North 40"28'10" East, 511.66 feet; North 49"52'15' East, 312.76 feet; North 61"16'46" West, 439.11 feet; North 02003'18" East, 55.84 feet; South 63"42'39" East, 322.25 feet; North 54"08'18" East, 74.34 feet; North 26"11'23' West, 144.49 feet; North 53034'09" East, 32.15 feet; South 62"20'48" East, 138.63 feet; North 01"11'12" West, 470.37 feet; North 24"33'13" West, 266.26 feet; North 43"50'53" West, 651.67 feet; THENCE North 44"17'15" West, 50.00 feet to the beginning of a non-tangent curve to the right whose chord bears North 25"30'24' West; CAWPF\RES-0RD\94-17.SUP Resolution No. 94-17 Page 5 EXHIBIT "A" THENCE in a northewestefly direction along said curve to the right having a radius of 370.00, a central angle of 37033'23" and an arc length of 242.53; THENCE as follows: North 50044'35" East, 126.97 feet; South 880 57'21" East, 91.01 feet; South 21'26'54" East, 39.06 feet; South 61'18'19" East, 245.87 feet; South 540 42'32" East, 374.24 feet; South 29006'04" East, 266.05 feet; South 45"17'19' East, 263.41 feet; North 61'36'46" East, 58.15 feet; North 07'01'48" East, 136.19 feet; North 37025'00" East, 168.82 feet to the beginning of a non-tangent curve to the left whose chord bears South 76"37'03" East; THENCE in a southeasterly direction along said curve to the left having a central angle of 25049'06% a radius of 1030.00 feet and an arc length of 464.13 feet; THENCE South 89°31'36" East, a distance of 168.44 feet to the beginning of a non- tangent curve to the left whose chord bears North 75002'14" East; THENCE in a northeasterly direction along said curve to the left having a central angle of 30052'20", a radius of 330.00 and an arc length of 177.81 feet to the beginning of an non-tangent curve to the right whose chord bears South 13'18'53" West; THENCE in a southwesterly direction along said curve to the right having a central angle of 56°57'50", a radius of 275.00 feet and an arc length of 273.41 feet; THENCE South 41°47'48" West, 196.08 feet to the beginning of a nontangent curve to the left whose chord bears South 190 17'35" West; THENCE in a southeasterly direction along said curve to the left having a central angle of 165000'27", a radius of 50.00 feet and an arc length of 144.00 feet; THENCE as follows: South 26'47'21" West, 46.55 feet; South 48°12'12" East, 150.00 feet; North 41°47'48" East, 448.25 feet; North 15°48'04" East, 628.01 feet; THENCE North 28°03'42' West, 119.56 feet to the beginning of a non-tangent curve to the right whose chord bears South 87°28'51" East; THENCE in a southeasterly direction along said curve to the right having a central angle of 61°09'42", a radius of 300.00 feet and an arc length of 320.24 feet; C A WPFIRES-0RD\94-17.S UP Resolution No. 94-17 Page 6 EXHIBIT "A" THENCE as follows: South 56°54'00" East, 180.31 feet; South 00°55'54" West, 495.84 feet; South 07"00'10" West, 367.20 feet; South 41°12'59" West, 241.69 feet; South 12059'52" West, 250.69 feet; South 66'44'23" West, 510.62 feet; South 060 16'49" West, 89.19 feet; South 45°58'22" East, 163.58 feet; North 89°41'05" West, 718.59 feet; South 13`18'38" East, 108.20 feet; South 09037'28" East, 114.30 feet; South 02°58'30" West, 132.00 feet; South 23020'30" East, 158.20 feet; South 76°25'30" West, 121.00 feet; South 29037'30" West, 60.00 feet; South 51°12'30" East, 55.00 feet; North 76°52'30" East, 65.00 feet; South 12020'25" East, 50.20 feet; South 59°05'17" West, 70.56 feet; South 01°3332" East, 34.87 feet; North 69'00'30" East, 95.00 feet; South 06005'53" West, 144.99 feet; North 77'28'33" West, 199.90 feet; South 60006'50" West, 230.00 feet; North 86036*15" West, 286.18 feet; South 63026'06" West, 134.16 feet; North 85021'52" West, 371.21 feet; North 37008'48" West, 414.00 feet; North 74044'42" West, 114.02 feet; North 52048'55" West, 182.00 feet; North 61020'43" West, 230.83 feet; North 57"49'26" West, 98.24 feet; North 40001'33" West, 111.34 feet; North 540 15'00" West, 83.00 feet; South 49000'00" West, 87.00 feet; South 29030'00" West, 91.00 feet; South 56°15'00" West, 50.00 feet; South 82000'00" West, 50.00 feet; North 66000'00" West, 120.00 feet; North 30000'00" West, 37.00 feet; North 54058'00' West, 186.00 feet; North 89011'00" West, 117.00 feet; South 54"17'32" West, 280.54 feet; South 46°44'46" West, 456.34 feet; South 81°54'33" West, 64.30 feet; North 76*55'20" West, 259.30 feet; CAW RRES-ORM94-17.SUP Resolution No. 94-17 Page 7 EXHIBIT "A" South 67057'33" West, 120.50 feet; South 50'28'03" West, 235.20 feet; South 61°26'33" West, 95.20 feet; North 63°42'27" West, 92.10 feet; North 11058'27" West, 228.10 feet; North 69'47'27" West, 35.00 feet; North 320 2838" East, 344.80 feet; North 520 14'01" East, 143.49 feet; North 44'21'23" West, 220.00 feet; North 37045'59" West, 600.87 feet; North 64'19'23" West, 346.18 feet; North 16000'49" West, 612.84 feet; North 00'04'18' East, 376.09 feet; North 29020'58" East, 315.00 feet; North 46'10'58" East, 170.00 feet; North 22010'58" East, 290.00 feet; North 31052'15" West, 144.31 feet; THENCE North 67'48'16" West, 150.00 feet to the beginning of a non-tangent curve to the left; whose chord bears North 11021'38" East, 122.19 feet; THENCE along said curve in a northeasterly direction through a central angle of 21040'12", a radius of 325.00 an arc length of 122.92 feet, the end of said curve; THENCE North 03040'30" East, 90.95 feet to the POINT OF BEGINNING and containing 161.53 acres of land, more or less. C A W PFIRFS-0RD\94-17.S U P a rl { City of Southlake,Texas MEMORANDUM April 21, 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 Corner Storage, being 3.1 acres situated in the Francis Throop Survey Abstract 1511, Tracts 1AA, 1E, and a portion of Tract IEL LOCATION: Northwest comer of Dove Road and North Kimball Ave. OWNER/APPLICANT: Rick McPherson. CURRENT ZONING: "AG" Agricultural and "C-1" 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 88- ` City of Southlake,Texas neighborhood commercial. Echoed Mr. Towler's reference to the intent of the "13-2" 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 5, 1994 Council meeting. STAFF COMMENTS: Attached please find the second Plan Review Summary dated April 29, 1994. VA KPG/bls C A W PF\MEMO\CAS ES\94-25.Z&C g�-2 a■:,�■!■■ ■■:■woo to ■ ■i► IDS:i./,-I ®4/► � �• .■ .■ �• � ����/ ���.':� 1♦•ice �i�� � IWA ����■ �_�1�i �/ 111E ;'M �►� ♦I� �j� ! �i © ' j _ _..�__.L_ Win . - 0 MM^� K AlP ALIVE. ' f mar i TR 10 I ( JIX IH 1N c ' .5 AC I 1 AC I I�4 I "AG" TR 1J II y TR I .5 AC R SY EK i AC Ti AC TR iJi I� C; ' I�t .5 AC N3 r Ge 11 a0A9 v H. George i 11 TR iZ M. Prinz 2 N 0 , 7 1 AC TR 10 W "SF-lA'• c� 3N 1 AC La IIAG" City of Grapevine 1 "AG" 3 TR 1EE2 Q 1. 18 AC J. Tompkins G< "SF-lA" R A A cl TR 382 3 88 A6 2 TR 2g TA 2C1 Ty TR 3B3 C 5 AC �U R 56 AC 1 .98 AC - 1 7 I O 8 7 1 AC 05 2 II SF-IA" "C-1�� �19 TR 2C M. Cate 3 2. 16 AC TR 2K � 1 1 . 29 AC TR 381 4 1 1 . 46 AC i 3 "SF-lA" l TR 2L TR 2J / 2 1 AC i .I 031 AC / P. Long D. Ward \ i III "SF-lA" TR 2J1 1 'a i TR 20 Nguyen Dinh 2.740 @ 6.054 AC TR 2 2 ,95 AC TR 2M 1 .02 AC RR TR 2H TR 2G.5 AC .5 AC L �5T ADJACENT OWNERS o 31$25 TR 2F2A AND ZONING 2.712 @ Atj" 1.452 AC 2 soo 3.788 @ —(b ,R 2F3 TR 2F4A TR 2F4 2 AC 1.00 @ 2.0 AC 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 Comer 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.to 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 (3') 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. I ga-s 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. ga-6 BY3cvH.L a w • ✓�..w.... � i•c f t..� r► env -rxverinc x •v aac znoa tc i o mxxoo r• •x oba �aaaea�aa y �t L i off it'll fill 6 5gg 33 � sYac � $ aa�tfr�• lyddil! 'IF ---fee@e I�iriii��p�peet -------------- f-t---plc 3NIh3dVlMJ M A113 i 3WIHI oS A AM _ `l`1ll�y _ we+rs woi L 3 3 � 9 f " ANNosvw '9Qlfl A�MttISVH R • , i F. / I r 'AAG*3= Q as .n 1 $ - � A '�Qlfl AIWOStlN 'oQ'1H AEMOStlII R ', / 8 IAAC 7Nm W1fl A79RlStlN � ' 9Qlfl AilNOSVN ��d � ♦/ �� .....�.. — . , r L ' •A/W 7ru7 ��/ i AAISKW TM Ml-Wn / VI-M CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-116 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 T. :. . :._..:......:::::::::. a x .....�:��:::iy�::�:~.�:.. �.?C`:��••jy�.•::: •-:•• ::::�:: .I{:y�-{�':+:...:... ? s -.::?r.�:^i':ti:'.ti':.vii:::••i�.•:.••i••:1....:ii .'-r.i..iii<.'�i..: •j` ,.,.,..,.,.. iiiiiLF�4, .,:..,�i4, ,l.•i ,\Fifi( 1' �aif ::i:::::vi:::•:::::i{�:S!�::!::�::::5::::::: .::::::::::::::::::::::::::::::::::::::.:::::.:.�:::::. � 4X �i:ti'I.•:'�:J��. :::::::�::`•::��:%:..: :.��[•JJ/�.:': Sy(yv�:..�."'.''�::. .:::::�:::: ::ir is :'.;!,�:::•':> ........i?.::::::::::i................`. :�- i:::..+Y?.}•:...i'.,??:.,..:.i'•v':.:::.:{.:.y:..i.::::.,:.,:.:..r..:.•:::..:.:i..i:..G%niii:.?i.C.::::{f•iXF:t^?iYiiiiiiii:.:Y.iii::::i:}::ai:<::L::i::isisi::i::::iii:::i:<i::::i::::: ' 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 `A '':' i1 ::. ..`;:: :: eh >> 3i «> iSll under the Cit s Comp om rehensive 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 C:\ORMZONING\480.116 Page 1 i 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: CAORMZONING\480.116 Page 2 g-o ->:;':::•:j->:::j::`.:-:i:::-:::::::}i:<;>:•::•:S'ti::i<:3.'•Y.}•::i:}:•:i•:i.":}i::isij-»"::•>:•::.>....:•;:::.>:•::•::-�:.::•:......::.:.:::::::::::: :::::::::................... { �:: •.: ::::::.: :{�%....... {::..:.:...:.... A::::::{.}:•:::.:. .:::::::::n .: "-iio:^i}y:.:::::::::::iiiii:::...i::.:-.;'::::::x::::::nii'•?i:Liii::.ii:::::::::::::::�:iiiiiiiii:::::::: ; :i:.;::j� •^:? i;:; :4: .: v:: .:r:Q' •:':j;:;::;:�Si:` .'.:::}.:.......:....:`. .. .::;;m:::::::::::.:::v:.::::M1�::4::•iii:8:•M:?•i::i';{y;«iS} ; .�::;:;: ...-C�•..•;>:<:: :�£t�c��:<;�nc�::::::::::: »�<:>::»fit' ��'<;:.;-.. ... :.......:::::::::::::::.:::::::::::::::::::::::::::::::': {"Er:.:;kv:. 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. C:\ORD\ZONING\480.116 Page 3 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 y 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 lst reading the day of - , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY C:\ORMZONINGW80.116 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONINGW80.116 Page 5 �3-tz 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-Way 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 . CAORMZONING\480.116 Page 6 - EXHIBIT "B" / SF-IA u in-ALOW p[1 RT6In / 1 / fame wr LDNC.DW. ^' 1 'MASONRY OLDG I MASONRY ILDG. 1 / t/ CDNC.➢W. MASONRY L G R 1Fj E cow_DW. I { MASONRY DLDG / I W CD1L DW. IR / r MASONRY BLDG MASONRY / CQC DVY. / / \ �1 �'v� Y MASaIRV BLDG WISONRY BLDG. � ' fa1C M". . �el� I --------- -----—------------------ CITY OF SOOTHLAKE N.Kt�N.L AYE' -CITY OF GRAPEVINE -__-__-_------------------------ Is IT, L--- J 5 x r I ji. f)iPPri grp�rr� � c E E g� q 6 sorer�uw.ems.- -..as1s�- .D.=- V_W<la 44 1q MZ DOo►Im 96R RPD4nPUDt�n7�. nP00- 1 1 ] �ia YATE9 CORER N aTR OA6E soma-- r� N.a. coRNER o r r DOVE RD. Ac N. 1Q2[HAI.S. AVE. a.l Coro. � aocTTtawx.E. TE]CAa i..n..'� City of Southlake,Texas MEMORANDUM April 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-29 Revised Preliminary Plat/Farrar Addition REQUESTED ACTION: Revised Preliminary Plat of Farrar Addition, Lot 2, Block 1 being 67.13 acres situated in the T. Mahan Survey, Abstract No. 1049, being revised to Lots 2 & 3, Block 1, Farrar Addition. LOCATION: North of F.M. 1709, South of Hwy. 114 and'vVest of Short Ave. OWNER: Billie N. Farrar APPLICANT: Adams Consulting Engineers, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE.CATEGORY: Mixed Use NO. NOTICES SEND': Twenty-One (21) RESPONSES: Received two written responses: * Jack V. Brewer, 1800 E. Northwest Pkwy., in favor, "Tax Revenue to the City." * James E. Byer, 307 Columbia Dr., Rockwall, in favor. P & Z ACTION: April 21, 1994; Approved (5-0) Revised Preliminary Plat subject to the first Plat Review Summary dated April 15, 1994. STAFF COMMENTS: Attached please find the second Plat Review Summary dated April 29, 1994. Val KPG/bls CAWPF\MEM0\CASES\94-29.RPP Ws" Ulf all all PL- �, ,it f i•7 e©.�■■ r��,�������■■■r _ o � � �� � ova: ►�. �,,� AR,�i M 0 OEM Ism ,. ....._._. • ♦ �� �`i� -�_ ■'■:■ ©�i i1i■ I�E I !;�u111ttt1�`\ 511 ♦♦�Oi`I��i� is a Mull YId ■ i■�■� ir:�iti j aj� �.- � iilY THOMA3 M. ©©EaMM IN WON f!- E MORWA I �r 1� 1b ^ 46 u m < m �, � o �W 1¢- n U � •--� � �O 6w 6 N m ~ IN ` ^ c-I N ._ cat~ yr.d• ^r O r U 3 V N r ,• F. R M {p H W = - O N S r. O � � �1.. J W < Qw� \./ > W 6 0 Y/ N � � I < 6 � = n m C 16 C4•t I - C - W Y m < m m `r m ' N 0 t � � p m 61 I < u cc r Um I O N m _ a m cc � a � � N Yn m c r w .¢- \ N N r7 C7 �..i� a U n (n� I I u I • < I Z r 1 m <r `•` oa W n ti III. o.. W U F w I t Imo � z 1 I cc I I as N i1 NOUIW z► Z \' Om ^ N N - N , Ns u - a r+ r^Q N N a n F l /LEI ��� •• I � I � Yl I City of Southlake,Texas PLAT REVIEW SUMMARY I CASE NO: ZA94-29 REVIEW NO: Two DATE OF REVIEW: 4 29 94 PROJECT NAME: Revised Preliminary Plat - Farrar Addition Block 1, Lots 2 and 3 OWNER/APPLICANT: ENGINEER/SURVEYOR: Billie N. Farrar Adams Consulting Engineers, Inc. 600 W. Park Row 6320 Copeland Road Arlington, TX Tyler, TX 75073 PHONE: 817/277-4411 PHONE: 903/561-8919 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. Show label and dimension the current R.O.W. for Kimball Ave. and the platted lots per the Kimball/1709 Addition. Label the 140' R.O.W. as "Future 140' R.O.W. " 2 . Show lot area of Lot 2 net of R.O.W. dedication. 3 . Correct the zoning designations on the following tracts . • West - Williams Tract - 11C-3" • Southeast - Lot 1, Blk 1, Southlake Business Park - "CS" • East - Kimball/1709 Addition - 11C-3" • Southwest. - Lot 1, Blk 1 - 11C-3" 4 . The following changes are needed with regard to easements : A. The alignment for the SS along S.H. 114 should be shown as a 20' U.E. along the Southern edge of the future R.O.W. This differs somewhat from what is shown. B. The 20' U.E. shown due North from the SSMH to S.H. 114 should be relocated to just West of the drive to S.H. 114 . CC: Billie Farrar Walmart Stores, Inc. Adams Consulting Engineers, Inc. CAWPF\REV\94-29(2).PR .,.+w two•wlw��•�r+.o m 4 N011100Y MYSSYJ lYld ASYNIrin3dd d' a9 loll lots- - . i \ sts-v to�tt�awv$I� jam."�• ! ' k�zIN _ ■ lei go Ilk 1 `.. ------ a� �-� 17 Cq �l go It (awl, k F cAVda Mg fit 1 r e' to q I AIR if A Wi fi� f�t s�f ii is 4 �t �:1p City of Southlake,Texas MEMORANDUM April 25, 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: 'IS-P-1" Detailed Site Plan District(to allow 1-1" 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. City of Southlake,Texas STAFF COMMENTS: Attached please find the second Plan Review Summary dated April 29, 1994. Tri-Dal, a utility company from Grapevine, plans to relocate to Lot 3R with possible expansion into Lot 2R in the future. The City Council may wish to consider the need for some escrow funds to insure the construction of Market Loop to the West of this site. These would be paid prior to issuance of a building permit. KPG/bls CAWPF\MEM0\CASES\94-30.RSP ��'� � ��i'r"ii � ^ �II' •�iiiiuiilu����0��0��� ��i�� ` EM all -',=r, "' ������ ��i1111111/11�t:ii:4�.)a.�� I�i► .� •I �,' ee•avft _-1111111111111111 =at�`'7I� l':�7r'►. ;; v , ©1 �a�WN :�►� 0aa1111111� rr� illy r lii=1 'Z ioC iiY iu��aanwuu■ -OD EAD3 ��1r� .. n/►:�/luuu� © Me CZ rHomA3 M. C3 lea -ppa . .�.I...II..IIU dIIM 6u:innN. r."' - iMOM IPA ME ONO mom ru— i W ff- ILI �■ .:.. �-.r_■ Esc ";i �/ , i� a, tv / 1A iN ,H 2 1.022 AC r I Th dA T H 1 16 3.sir/ AC 6 1 .6 AC J — 7 -- ------- — 1 .36 A:. PACIFIC SOUTHWEST BANK � PACIFIC ( I --- ----- SOUTHWEST BANK C. I F. LL n 7 J f— 7 — U! — Y Q H 6 "I-1" H —� -- U) G Q U U PACIFIC y I SOUTHWEST BAN _ 7 C- IC 1A I Ed PACIFIC SOUTHWEST BANK 6. 14-1 11 EXCHANGE BLVD I - ADJACENT OWNERS ' 5 AND ZONING 9 �1 T C` i City of Southlake,Texas SITE PLAN REVIEW SUMMARY 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. 7. The City Council may wish to consider the need for some escrow funds to insure the construction of Market Loop to the West of this site. These would be paid prior to issuance of a building permit. * 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 cAwpt\m\%-30.sp1 gD� J � z cst ! f C NZ- 3W E „ - _ Y � ! �!? o X .371 cE Eli 0. : F _ o= ^d F Pii CCCC �i as;ti �ji iiC'ss !¢f alb=i a•f� 3 i11B Jill! cr if « Z 6E CE } gC r! x 5 F EEsle � 5f �9E 5 �3E `:4E : • 4: e C all- 1 Vi W m � € a S c5 45 5 5 � �_ 'a�' _i�.fr.ee' — '.�� ��.._.-may,j• •x_— — lq1 14 p Id I11 LA JE al /� ! 1' �Lo ccz•�.�f..tl i81"' =?±ram"= TSi.tr6ob�oo iax W�1a-1 1 C aa: a d00'71 13.YiR'1( C 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-119 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE 1 OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS ................... WIN }:ff ..,'�Vi�r�r•'tY}:1�::.%}.hr +.�i'.+.:}•'�.;..•.*.'..•••:.::' '•:'•:-0'•::?:?v}M h�•:h+'%{.:??:•:..•4i i:tir?%'•}i%•%.:ry {rv'Y,<tir•'?:Y'/•:•••:vi••v:•':r•:•:d:•}:•}:•}:•}}}i:-::`•}•.�'•i.•:•'..}:•}:•}:•%4:•%???t W1,01-11' r 'fi;�'. 'I:}•AS:::::}r.vii:^}lt:•.Gn:$:..v ::N: �'•+rii�•.•}•.t.;:•.: ....::^%v\v .........{f??F�•:�,'{:,?r,•%i:IXjy'l{?}f h'•.`v::Y.Cv.fi�. \:'•'} ::t::::i::::i:+.::.. 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 ATE. 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 " € Nam" 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 CAORMZONING480.119 ��^_I 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: ••::i'::is i::iYi: :f{:":: }'•:.::..}";i'......{}}}}:h'•:}:•...}}}:^}}}}::..{".:}}}:;.:::}}}i":•}:{•}}}:n}:v::•{{'}i}}}::::}i}?i:•...•}}}}ii}}}}}}i}}}:....•}iT}}'.}}}iiii}.•..i}}i:;y:Liii}}}i}}i::•{'}ii}y.}}}}}}}}}: : }:.:}){• ::::^;:{. }:::.«.{4v\:. :}vv.'•:. :k�:. •}:?.:?.•:v. }:�{�"•}:•}�R}r'':i:i:.;:;h:::...,.rr::::::::•vv: .:..;..;..v v...:.:v:::.:::::::::::.v:::::x.v:::::. •}}tier r.r..h:':v:.q....f• .{..m{.}.;}}::win:.•:::+•::::v v.r?:?:?....�}}:>'•}:::: ..v: : .:a ... :. :'•n.rr.r. .....4.fi:':•}::•}}::::{.}:•}}}}}•:.}:•}}}v:::.}:h:4:•}}}v:ry'}}y:ii:•:•}:4:{{ti�:•}:^:4}'4:?:4}•:.}:4}•:.}}}i:•i}:•}iiiii:{:i:�}}iii}}•} .}...•}}?• 4 v iyf..��i .y.,•,•}v:::.....:.v }'r:L ;{{...f...fv.: _ X•:::::::. : . C:\ORMZONING\480.119 � Page 2 . .............. ................ 2 0 xg -g a .3 ................... .................................. 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:\0RD\Z0NWG\4W.119 Page 3 YD-7 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: CAORD\ZONIIVG\480.119 g l o Page 4 a EXHIBIT "A" eve ■ o Z - s W Ltr _ A = 0 �j t z ar a yx till i:CF a $F ?DD i�` €�5 d c<Jill! i ` ` upsp Z " g�•M € �� €- c� s , Vi < [i Z � _S€� Y< 1.21 E c. c F F z c5 4�J ° 5g W c of (1 — 1 , •�— I '� � 4 , ITH i au aaa < _1L1_..—._.--... ._ .. _.._.�M.-�..�.1....._..�._�..�_.._.._� - - O71 ac: i C:,oRD,ZONING,480.119 Page 5 ` City of Southlake,Texas MEMORANDUM April 25, 1994 ,low[ 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: "I-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. STAFF COMMENTS: Attached please find the second Plat Review Summary dated April 29, 1994. The City Council may wish to consider the need for some escrow funds to insure the construction of Market Loop to the West of this site. These would be paid prior to issuance of a building permit. KPG/bls C AWPF\MEMO\CASES\94-31.PR ' A/11111111��;..�il:l�l:ltt ail Ron—I in mt 7 WO n 1, ,��Isrill �7�!i\.1Li 0 ,�ee�Y -•=:: 111111;�IIt� IMPP.AD EAD3 wpm M1015 wMW �� II/I ttt\IIIIIL :: .�.IIIIIIIIIIv O MR r��I� a ■��.� r 1 �In a r ©� rr r wi 1A n� �•�''•,• Mu u .-ar_■ u� LJ �':47 Wi�'� rirr � r i T H' 2 1 A iR 744 At: 1 �'`~ A-, 1.022 Af- (viol TH.dA F i .58 A+ ---------------- TH 116 y�1 AC 6 I 1.6 AC 7 ------- 1 .36 Ai; - 111 v ` PACIFIC SOUTHWEST BANK PACIFIC a —� SOUTHWEST BANK I f. L. n 7 O _1 E- 7 tl.! Y Q H —� -- U) Gv U PACIFIC `L SOUTHWEST BANK y tij 7 CI Si SA PACIFIC SOUTHWEST BANK I 6. 146 11 t EXCHANGE BLVD ADJACENT OWNERS F 5 AND ZONING _ _ - - y ativn in _I ^ OLn cl r I A • 1 � 1 ,u 1. Ln co A I y 0 N IE 1 .1 a ' I u I ' b` Ln I A 1 218$ 2860 2900y v 3 Ln , It i W .GY OO A 1 I a e I I 2845 287�5--- - c .�, y 1.�. c_.:. I' Go -4 1: ur;' Ln to v I O J -- as-----• 1 � I I • $ Ln ! t I I 1 1 0 " In '- r � �� I; O U 2 I° /t I' O ► f to ti 1 1 • N 11 1 Ip jS In ! N 1 t i In 5{ t � .. O N ' I � 1 I I t • A %0 , o ► 1 1O , I\ V ►? I I' 0 cl CD O Q Ot V I •' II 1 � _ I �Q 110 co n 1 2802 p 2840 : !I 2902 A i M FGW� ' ' iGG7 II I -0A19 i0UVMAIIP t w� w a t ' so&&.. 2827 281 + 2851 2:885 �' ' Jy b n^ ♦p A'yb .�tw {�} `.V';A City of Southlake,Texas PLAT REVIEW SUMMARY 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 City Council may wish to consider the need for some escrow funds to insure the construction of Market Loop to the West of this site. These would be paid prior to issuance of a building permit . * 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 C:\WPF\REV\94-31(2) .PR r x IS On j ` f V ot Slif O € =t E c 4r F id E � i � i• ^`a t IC7 7 - at fill ? s f 4 A �`= j alEi: Egs-a S tSYi14eYt igli€�== .{ w 3a 7t . �_ -�L i f a 7 �" 7 3 ■•. �;; �TC� �E t Ail ti `� 137`x i �i FEi str EY :; {Fi 'sg d''stl irf ?e• { Ij !4j` ?^ 7{ii s i ? 8gE it €`_ { = �i�` j`= i Hj_ i ? s-. IFS,yE ', lYi � 3p ?� Ii i{ �_ { f��e � {�� s{��=�� � ;Yi`! ��" � f •� Sg" All- 11 jt3{ i �. id s�ifi F ! a � � ; IN ?•t �€.{pi �: Fg- �i ESF3 g iie �� =j� � t � '! s �_ !� ;ef f+f<<7 g8 ii, i1' it F il{ if. it #� _ ife�■� ? f 5 1(1ill- 131C114 1j!; �ss :?E _ sta Gti iE1 -_.* if s £ 3F 4fid �� 3 C 3 i !=�w = jI2 6 E =^7 #C7{ kisFsys= ET {? t- 'jai , =S =if. €jE; a3� is '3 ai = tiE - t i j 2 '; a: '.ts {i{ FS iEi? s�{,n i 1i 5 go is= a ei= : as li[ p .as� { E�'-`='a 1SEa :J;� tt;yyaE �1 ° � Y:F ` 5 rSEEY $t; E� Ell C�o • c I I: I: ,I 1 _ I --- ItrI - p - d S — _—.—_'=37�3KKOJ ----�----_---.— jk 6 _ L i A ----------� ;Y d.• � ( I -1at�—•TraZiT—c001'�-NYIf - _ �! r Ir_r } ,i_F_ I I 1'• I 1 _ ,I p - - - - LZLv I _ I � i 4 /y E r 6 :fit ��/J City of Southlake,Texas MEMORANDUM April 25, 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-1" Detailed Site Plan District (to allow "I-1" 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. STAFF COMMENTS: Attached please find the second Plan Review Summary dated April 29, 1994. KPG/bls CAWPRMEM0\CASES\94-32.RSP ■■offIffl■ longNot, MMM'L— ■ ,Ma ♦ � owl IVA �E. � .� v . ' {'rum � ' s loot Z ° I O pp cli Q � �� d U CD>��, a a J s-•� \ N m Q 17 v ~ r- F- Lo cc co LO( oaz so. Cc O _ cc _ to cl: 00 x�Q F-t - m U7 cc O3cc r` Ze F N w' cc w r Q CD 'cz V♦ O LD a U 0 .. V 0 ca �: Z o m~ Q Z w to F- Y< w � F- 0 CDw bo ow lr..� �= W Q 2rF. q 0 0 o v '; w Od 0'i � W a a oo. fIf oor. C W � (n N ( Z H I I m U a I J W tt +Q Z 00CN W W ~ Q mQ Q^ 0 H M > 20 ^ F-N a .za w 0 Clo P 0 F-N 2 06' oftosr N►•s m ~Y w= .[ x .t m U U U ►r U �U m m Q m Q m Q tL Oct m Q .Q •rs ^ .N(s7 O sID cc a) 2(D CDQ ccs .t u s oss ooz 1 oot ssc Od 9Z i — — — — — — 6T6 OS_I_�-1088VO O��f - - 06 OSI UD1-I311 -BEfi�— =h1= - - - - - - - - - - - - - - - - - soz 051 U Z S9t s92 U U a ato tn s R ol cc Cl CD Q ~ ~ U Q Q ~ (D cu `n� Clio L"`� N �' N U `° I 2 U lL Q H Q N ~ 17� R U Q to a N N o 1 3 (�l .... ¢ h / Q •Bs � '. Q OT - -h tLAIN r � it tig t Qt- Qcl 0 as •Ba 110. 0 `�i ; —. —-- FF 6ZF 3 /O ,t►Zo Oos-` ` • oi•��i — a�J � a loin �. ob tb cr ArC w ,Bs ,aa y �° O r. W 0'o� 3N/7 9078 ,OF .� ��0 W �' � �r•�� NM�2� t �o�, , I �o g M i 4! lo °g �� -- J' Ot- •9d'L(A-eak 'Ion -o 11 I 1N3w3SV3 SS3)JV 8 A It Tlln Jn©nd,p�- Q _ ,£2'9£1 3„101V3 o00S 4 WF� Wa ,0'Oz O Y Ua, J OCL I Va F O uw a U u z 0 WO't31 J > � � a 0N a' W u J a > W a 3 W � w OIx Y ¢ o a z Z M fi J w U. o tl' o U. t0 v � 'Q 0, g � � o coN U Z Z� m mN o m r n In Y h Ld Wcr Z o a ►"'- Q O 01 N z cr � a W z a Ix CC u Z d o ,, o x i _" u f ;� a n a. a a I , z ,81 O 8 I JL st W \ a a 0.O9 3Nn 9NI0 line,00i o. a xUJ 38VDSONVI H I zap VFfN a to oOD "o LL ih ,L6'81 3„91'02 020N LO o N T "V0888V 313MJNo0 p� N N tt7 Z OD f` O ._ N OD W ai 0 N n N = (M08,09S) J� 3AI80 GOOMN3380 City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 94-32, 33 REVIEW NO: TWO DATE OF REVIEW: 04/29/94 PROJECT NAME: Site Plan for S-P-1 Rezoning and Specific 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 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. Provide the owner's name on each adjacent property. 2. Show the distances between the proposed Metrocel building and the south property line. 3. Label the turning radii on the northern drives. 4. On the note regarding the office/warehouse proposed in Phase 2, add the following comment: "The structure will comply with the Masonry Ordinance No. 557" (which requires that eighty percent (80%) of all exterior walls adjacent to a street be of a masonry product). 5. Show any proposed exterior lighting. 6. Provide a finish floor elevation on both buildings. The drive in the southwest comer apparently shows a five foot rise in 20' (25% slope). This will not work for dumpster service. The grades along the south line appear to show the need for a retaining wall. No grading/fill will be allowed on the adjacent property. 7. 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 * Staff recommends that the east bufferyard be installed with Phase 1 and that the south bufferyard be installed with Phase 2. Q 0 F' III City of Southlake,Texas 8. Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit. REQUIRED INTERIOR LANDSCAPE Phase One: Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 67 s.f. 0 0 1 7 s.f. 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 C, Pat Betik, Metrocel Cellular, 17300 N. Dallas Parkway, Suite 1000, Dallas 75248 cAwpftm\%-32.sp1 Q V t-- 7 pg (Sol In fa I I q w h CL N'HDIvw ' cY IEIs J T �� t ZI AL ICI t- � SL'961 — a�01,4L.00 6 _ ale a Z �-- Gi?7w 10 �a t z gg SS� cap", — — — — — — — — — — - - —{ 2.OL*r-009 a,ol.VC.00aafsd� fT - d� Z I i i ill r I I"cj I K1, ��i i ICI m B f 10� sg4g �I [C+ �8i�g 4• �xoa,� antra "°a anlaa 000n�r�9 or O 0 .al 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 tT i'}}•}}}}•{.{v}U.:•:Y)}.v.nt• it}..�':1::.4:{{•'.}'•v.:':j��{+: .;.�lh�:••:-•:::::::•:�,,�,�,'�,,.p{{i.,\, i...:� ,,,,,f �g��+FFtyy((����ii {:,: :..:, }•:,`i<''is�:;:+F.{a}}}}:;}}}ri..}:.:{•}:+i.}:v}}v�:}i•}:.}:v:-{}}i;•}}:{ji}•}:;x•}}:•}:{•}}:�i:-:�:•}::}i::•;;:•: �+•�$}f:•kyL:•}}:•:(-::•}:•}:•}<:•}:ti`•}.'•:�:{i•}>:i•}:{�i:{•iiiii:?:ii-}}}:�:{.i}:�:•}:•}:-}:.}:{�:4}}::�:::: .:.•••:..'•}:•':..xu'+:.{.{l'+.'.x.•.:Y:x.:v..'}::,:yy,yy'..y��,,.•yy•yy•:::.(??::����.:.: - ii:::::; .v.:e{`-:. •. ::::•':2;i:: y}...��.'.+::...;}:-:{�i::.`.::.:.::n.:-:•::i::::i:...:n:,:::: � � � } ` :T:Y:•ivFY. iJ i:< {C; ` .l.�Y•i,:,:,,I•::i:•`:i: x # �. TV tvt{ .. �jiI{� +� :iLi{,•i-:'{\:{i}:{:Y:{:;ii:......:... ::}i}:•i:;i::i::;::i:i::i::i::: :{;i:;:C:ir::':::>.v n...::::::.� :::::::: .. II 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 EFFECTIV --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 'tT' ' € ffidi':�i t ft 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 C:\ORMZONING\480.120 Page 1 V F g 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: ...................... ......... :?.::•.>:.::??•>r:?{:.:::.::.:>:•.:{.>:.::+:.:.:••??.>:.:>::.»:.::•::.:::::>;:.::.:i::"::i:Y:::::::::•:•:::::::i::.:...::::::::::ci::::::::::::::';::::::.....;::5::ii::;:::::::::::::}t:::_:":::::::::5:::?:i::i::i:;:; RJ n�.�[y�� .nn MINE ... MW ljiii$iiiii::::::::. ii?ii'rTTi:.':::::::.'::::::::isiiii:�iiiii:4i::i:ii:•i:O:v:•..::hY•;iii::•i:••:y:^:S:4:i:::::v: ::•::•:.?•:: '�+??iR•`�rY:.r..;;r. M1+,�,...:•::?vr.4�.w:+�riv?.,..+:r?::?:•i'•ii: ....WPM.x::::••::::::::....:.yi:''::::•::::............. .::.4:: ..•.i. �i: '' r:• v.?..: :::> ... :ti i'•�.+•'lr�• •Y+•:•:::•F'�f:++?�i iv\v:::Sv::::fl. .+ >.:x:: ::.i.:n}'?{:v:n}v.}v.;:..:::.:.} :. 6 }�� nw. : .•: .Yys=. -> �L4�:I.tpY: ?.; I :;:;� .;;� MR1.� :;:;:1:{H..r•.�•.•••..:11.K............:.............. .}�M�i/1r •' �:��.. •!:!.F.v..}.. ::t� r:�7,..,:'!!:,':^.ii:vii:ii:0:4:??•i:3:•iiiiiiiiii:{• v C:\ORMZONING\480.120 Page 2 ..,.:.:}•i::i:i{:n::....r+'•::••ii:•ii,Y.':!':i::;';ii:'}:j'i::ii:�ii:.iY+r+:�i:....::...:::.....ir.:':;::j.}i:....i':Y:i:.�i:ii:n':":>+.}'i:}i.'..:`�i'i:i};qi:'}•'`v: 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 C:\ORD\ZONING\480.120 Page 3 �� t' 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 Q F-17, Page 4 0 EXHIBIT "A" k IN NK a oil A<FJ �((5�� I ZZ� G Q � �QQI � � F 4 •� O 0. oil€ � $ VF IL — z GV90 a.GI vt.00 s a_ V uuNrunQ I•► y \\ 1 x ~ t I 1!�, 5filEj( ; c o .zva a otrcoo c I o. MA %Gc �• I i� 61 I 0. I e� Igla I g ► � lag I ow 9 I ¢ Q x 4p g8 not a.�oc.co p a.aocui ti tit:Q 4� xoa.x C:1OPDkZONING1480.120 Page 5 City of Southlake,Texas MEMORANDUM April 25, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-33 Specific Use Permit/Metrocel Tower REQUESTED ACTION: Specific Use Permit for a telecommunication tower exceeding the maximum 65' permitted by Ordinance No. 480, Section 34.lbb (4) to allow an 87' monopole tower on 0.757 acres 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/Curtis Kidwell APPLICANT: Metrocel Cellular Telephone Company CURRENT ZONING: "I-1" Light Industrial LAND USE CATEGORY: Industrial NO. NOTICES SENT: Six (6) RESPONSES: One written response: * Mercantile Bank of Fort Worth, in favor. 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. STAFF COMMENTS: Attached please find the second Plan Review Summary dated April 29, 1994. ;W KPG/bls C AWPF\MEMO\CASES\94-33.SPU ��`��:���� ■.. ���.,III w WON 410 WIN ��■�. ALA �. OL ®® mil mom ►. Z � 0 cu Q 7- J M F- CD \VS lJ �7��` a,cc co o I SOt 002 L0. iI cr O Q lD n cc U Q U H m In cr al cc Zo F- N W' 2 - W c CD ^O2 • cMn • Ii cr N I (n Q W `° Z C7 Q •' Q U Z s� = Ci m 3 Cn a` M* 0 Z Y H W < H �N � ~ O H .. aC = Q CD MCC Mb.i00. N 3 pW Z W 0 F W m ��� ^" a a � '; 00 0'i ►yr�a� r` o H - i8i9t dJ U Z W as AlU. •'E 0 y OOP. K �o - a F N U r� O N W t ^ Q m Q 2 0 H M > Z O .-• h-N CC O C` 7 c FW-U. F-N Z 01i N"m ;nc c N Y 2 st (Y) U U Iq U "m oc� m Q •a U m Q m Q m Q ti Q Q '� n '�(T1 O c 'AID CC � CC(D ar O Q N — =m F, - F-In ov 9z•t u091 oil 002 Oct SGC 6ti6 OSI ��0ddd3 _ 0A7 - - — — — — — — — — L06 OSI d3��3�1 - - - - - - - - - - -I- - - - - - soz o sei sei Q 061 :cr - cr T- L) U> QQ R rr Q ~ L) Q Q nCD Q U U _J m U-Q N Q N , a - ° m m ' ar Cu U CC N F- U N Cu U to Q 1- \ l N Q R U Q o U • Q N o gG_3 c M M City of Southlake,Texas SITE PLAN REVIEW SUMMARY 9 � CASE NO: ZA 94-32, 33 REVIEW NO: TWO DATE OF REVIEW: 04/29/94 PROJECT NAME: Site Plan for S-P-1 Rezoningand nd Specific 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 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. Provide the owner's name on each adjacent property. 2. Show the distances between the proposed Metrocel building and the south property line. 3. Label the turning radii on the northern drives. 4. On the note regarding the office/warehouse proposed in Phase 2, add the following comment: "The structure will comply with the Masonry Ordinance No. 557" (which requires that eighty percent (80%) of all exterior walls adjacent to a street be of a masonry product). 5. Show any proposed exterior lighting. 6. Provide a finish floor elevation on both buildings. The drive in the southwest comer apparently shows a five foot rise in 20' (25% slope). This will not work for dumpster service. The grades along the south line appear to show the need for a retaining wall. No grading/fill will be allowed on the adjacent property. 7. 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 * Staff recommends that the east bufferyard be installed with Phase 1 and that the south bufferyard be installed with Phase 2. City of Southlake,Texas 8. Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit. y REQUIRED INTERIOR LANDSCAPE Phase One: Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 67 s.f. 0 0 1 7 s.f. 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. z * Denotes Informational Comment cc: Peebles & Associates Clarence Kidd & Curtis Kidwell Pat Betik, Metrocel Cellular, 17300 N. Dallas Parkway, Suite 1000, Dallas 75248 c:\wpAm\94-32.sp1 46G-S o x of N lip > lt o rigs Ho V1 III I � o $` F, �E�n !L zi ss l a.01"Moo s _ �l a z Amw _ 9222w aL am I 6 f 9 zrr a IM IL u So it �E a 3 L+33 134HI 11 1 ' — — — .steel a o�rc.00 a — 9 asaw a _gavnwaw,>Iaanayr _r — ` fit {1�is F,/ I \0�4 1 I I till a I it O iCLpyt p9k i.G40C.t0 iii:� � �.aL i.CIAC.CO �yi:� 4�► a ,► xoa.vf RESOLUTION NO. 94-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,GRANTING A SPECIFIC USE PERMIT Oil •}:'f,.•.:lir:�:.S�h..•,'+,fi'•+•"'},lf',.t".:•:r.i::-.•'x:,.�. i�•.4.r v`vi<•,:.':•:..•�.r,,�.•'�,.,�,•:•JJ•.:.:}}:•w,:.fiok.i6r:S•r...�r.v'•.}?.Wfi��ii;g::}..•..n:•:.}..}`.x'A`r}..}•fi:y:Y•,•:.•Yya.1};.i}•N�%5^;��M•c'r:•';fiK.`t.{},�},�::::.}•:}+:�:::::•::r�:::}}:`:.} }:•:.::::.}•;:•c:•��cA:`i:a.':::,:}:�,_.-•':.':.R::��••}A•;}::'4:'�:•+Yr:'am:::'�:i^:::�},:},:::2.:•;.:•:::.:r.:}f:'..+.."ti:}}?,�Q•.:,.�v,j i.:.).:fi'n.:':}.•��? .:,.G<.r..:. i 1F' : ' WN--K:M �. ":". .:. :` � }:eC::.. titi:i:4i{:+� ` .t,;?•om:�:.;:RT::.i:� '.ti• �`l •'}::''::�'i'::"•Y•�v..$�'•vv,4 .}i., v{?x ":•:X}}.,'1'•:::: ,.,.: }:}}'?wv% AND f MORE FULLY AND COMPLETELY DESCRIBED"IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS a Specific Use PermitQ ' ' 1 and, ............................................... .............................................. WHEREAS, in accordance with the requirements of Section 34.1 bb (4) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such specific use permit is in the best interest of the public health, safety, morals, and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for a ttxzb€ :: :, a1l �t�:d> �1a`>and�� �- �.�r�l .�e���as>� �€'��:<�`;�:� and sub ect to the rovisions contained in the comprehensive zoning ordinanceand the restrictions set forth herein. 1. 2. 3. 4. 5. 8G-7 Resolution No. 94-18 Page 2 SECTION 2 This resolution shall become effective on the date of approval of the City Council. PASSED AND APPROVED THIS THE DAY OF , 1994. CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas C AWPMRES-0RM94-18.SUP �-+�1.1l11�11 t1 N , z oil i Ain py " 1212 �11 J, fill /fiOMl A+tO 7 9 • W <t � Q I � v� Y N .GG?YNA� — n � I n p ZI IOLcz� i a f •C ��� *�941�CC � 7��� 6I 4 6�I n 2^*C.00 a _ _—aaawaw��au+aq —,�4_ '���t _`• .ten $��g ` = d Rio to Rol \0/ � N v I CI I I II u • �I n I I� \ A n C p o l 1 1 . , g --------J•q III ' � 199 M I `$ xotiwc anh�a cOotp Resolution No. 94-18 ...g zn�la aoot�o 8 Page 3 SG-� City of Southlake,Texas MEMORANDUM April 25, 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). k�� KPG/bls C AWPF\MEMO\CASES\94-34.RR ©�0 � ■jig � MA low- Ilion 04 ref . %vli son Am P LIC 2 F owl WE �ffI ��� aw We ♦ �� Ali�����♦ � � ss �� �� IMF. mu cccc I m I x m a ¢m M �\ ~m y J < N ■ # c( \ � D 'n w � OW N w y O l � W �I I " W J w4 N U c,1 CD i O H If �.�•`�' w IY 8 U a W y � W Gl N w U p dy N x • FJ- fn n ¢ O N R ¢ ~ n m LLI i N Z C7 W � Z u'1 T 8 of >n x O iss 7( � o c E+ O in `O 0�a o N y ; N V Q w a Z .34 u // ►- as U < m < 1 0 m m ¢ R. —JA KC SON, V = H 0 Q CC in z c6 � W �• `•' gay oAKS DRIVE a, cci •c C >a >' ccc 7 p O D N U .0 Y.W N x N N v m N _ ^ m < m < W WFF J C 4 N N 1 N cn L ¢cr N , ¢ m m ccn O1 -xi w p a o^ •SPRINGB/a xm� N cn o� =jam I ' " K ��kc* � 3 m aco _ d• Y N y m N x, O ¢ ^ • l N = „ O m U m < > �cT mm Imo = = •• ,. ¢ o x ,c I� m ` W GLEN K m N O ¢ ^, cn n ~ m F. h N. In h S In , +cc pf r•{• ; N Ln h m y� t' it a U- Y7A G 7-?.daHo -7liHM nq y � \S 0 ,of -P.?R PR I Vt Z �bwh ;! M, ` J pn� a l arc - M I W I ! w vi UZ I; Ott 1*1 a � ov eeg is 5N oY� � 'r,�•� �� .. ._ Qy��Ocd�•• Al Rood(Courhf ,Vo. - .4 CITY OF SOUTHLAKE, TEXAS 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 14, $}: :•:::•v.:vv:};...:..ry:.........:..........::•.�•w:?:w:::::::v::::::::w:::::.• •:n�: ;n.v.,..:w: •?:•:i•}:O:•?:i.?,�y$y�•?��i'?•??::}�^n•::vn};:+■1n}•:Y:v:4?::::.vi•?:•?;.?:ii????}.-?...??w::?::::`:.::::::::n.:nvir:::.v$:rCy.X:?,•.;\iiii$$ii$$$$$$:ti$R^::::::?r�ry�,.},{.n... :::::.�:::nyn�:::::::.v:v:.�:::.•::.•::x:::.{:x:n�nvvv:::::::.�::::::::::::::::::x::::::.�:::n�::..w::ny:::::::: .. ..... n:v.�:::•?:::::.}:•:?'4;::.:r::::::::.�:::::.:.:::nv.:�:::•}:•?•+•?;nv}wn::{?::::::::::•:.�:::::::w::nynyn;w.}�n}v.?. 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 Q, C:\ORMZONING\480.121 Page 1 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: Be m i?i}ii.`vi::i::i::i::i'r::i::ii':i::i::ii::Y:::iCiX4iiY•••iii}ii"+r'iiiiF•••••i:::::'..:::(i.•::. :•::n� •:::::•.•:rn: ::::::•:.::::::::::•:::::::::::::•:{K:::L:::Lvi??i?i?i}}i'ii::.iiii'ii"vi:•i+ii%biiiii C:\ORMZONING\480.121 Page 2 Q .....::.::........:::.:.:.:.....:..::.::::::.:.............•:.::-:::.::.::.:.::::::.::.:..,:....:::..:...:: :.::.::.:..:.:.....::.:::......:.::..........:.:::-::-::.................: ` 2`:::: 9::;� �:> �...� 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 CAORMZONINGW80.121 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 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 City of Southlake,Texas MEMORANDUM April 25, 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). STAFF COMMENTS: Owner is proposing to build one single-family residence on the property. KPG/bls C A W PF\MEMO\CASES\94-35.RR u� � I 1 I J9AWW A-«+ I.Q. MELeaER I LIrArr A-" 31 1 H 11 f A�RK1• I1J/0 I •G: /i i! 7 t ! { M 3 I 1 efl I� 1 1 J.9 N , ,x4. A_IMO REIS D. t 7 F to S 4 , LArKY M 1 ad A>w noro 2 j 10 1 is n u R 14 u 1r R. CE 3 ' 7 I1 1 ( LAIKY raw 1 7A t p t3 t A 17 I a A F ♦1 � � 1 --T 1 M t REIS PRICE A-WW 1 1 i uu Y� 00. IrHI' 1 HILLS um !, rsw 1 !i 7LRKY A-1771 i! TRACT MAP ♦ 1 DENTON — � -�•- - - 1A W. IIli111�1LS TARRANT , - - - - - - - - - 1 / ' LArwY A-10W 1 +, I sovrwAr sou.a.a aw c ' �Rl�EDLIN � D&VID DOUTHI .%e, .4 1•" '.N. �� 1A { m < p CS. N W ccI a a r^ m 0KK cT�i cr ^ > N O _ v U a O ¢O cn z s 0 ' F � rrr HNyf V♦ <� zZ:j OC " 'sx� W �r, Z a o a Y (J 0 - 3 aao-e� y O N N N - o Of 99 O Z - ,, H0 Y N Q a W W U I - W w w N 10 N, Z .A� Qb, m 0 V f a W ¢ Na Q H ma El WO W O1 mN"0 w7;� rcn' VZ I ti I Q U a J m Q m a m v w N m v w w m n v Y W to l0 C W I N Cy Q V z w < 'd N _._ In W I N a v w w Z d I O .d I-- Ip W � N N N N N N u 7 ro to o a a < w N m v In 0 v 0 rn 80 1S3N to U m oN rn m n cc 0.¢< m w w �n m n U i m a m m m ¢ I in m N m v u7 ID w I -c< ma m %011113, ¢m ¢N m Fm F-N Nmmm ` U m .N ¢m N cc N ST 565.?5�—rO, GI1J f �=v..... � •' 0o poll found for the northeast Grp 1 corner of 58,078 acre tract 11/2" Iron rod frid. 1 (Volume 312, Page 422) I 1 l @ 1 1 W. E. Tucker i`I✓ Z( I� Volume 659, Page 484 Scale 1"=100' 1 1 Q1 1 FZ FICLO NOTES �t I Being a tract of tend Situated In the AL Alohaffey Swwy. Abstract LJ Na 918. In Denton County, Tax" and being a portion of a called 66.010 car* bast*()and described as the laof tract In a Dead to 41 rawest Cloy, dated January 30, 1845. recorded In Volume 312 Page 41 1 1 422, of the Dead Records or Dentft County, Texas, (DROCT). and i 1 1 being more particularly easarlbed by Met"and bound*as follows .�I .t ^�I� OagfanLtg eI a reef loured in Bob Jai"Rand, sold p*Ht being the Northesst comN of fold 50.0711 acrt treat. said point also bang 0 the Northwest comer of a called 1150 oars tract of fond described H a feed born Roec goy to W6 Tucker, recorded in Volume 659, ( iG• to 1 Page 464.DROCT; •c 1 a o 1 N N Thanes South 00 Sag. 12 MH. SO sea Eort song the Wesl fine of •C fb 5.00 AcreB ft said Tudnr treat a dlkance of 998.34lost to a 3/6 Inch Iron rod found for owner, sold point being the Southwest comoe of a WE(217,636 SQ.ft.) ^t Tuoker treat recorded N Volume 621.Pogo 644, DROCT, sold point a I 1 also being in the North fine of test Beoch Addition. (Dead Call: South 00 deg. 33 min. 018 sec.Eaat a distance of OM341 fact I: a PO Than"South 69 dog. 21 min. 69 sec. West. along th*North Isla of ( 4 1 said West Reach Addition, a alatance of 218.00 test to a point for E 1 N comer, "M which a 5/0 Hen Iron rod found bore N 11 dog. 14 C mki. 39 am West, a distance of 0.63 fain, sold point also being O tad SWtheest sorrier of a tact of land described Ina dead(* 1, O Bunny f4.Adak and wile, Marta K. Adak•recorded In Volume 1230, Dead Page 903 DROCr. ( Calk South At deg. 22 mad. 02 am Wert, a distance of 218.338 feet i:• 1 I Thence North 00 dog. iJ min, 4J ass West along the Wet Me of A { (p said Adair bast passing a 1/2 from rod Iowa at a dfetana*of 4 ` 981.94 feet, confinuinq on H ao a total distance of 998.73 fact p V I to d P.K Not found for ea rner in soldoa B Jonas Roo4 told Point C Q1 also being the Northeast comer of said Adak tract. ((Deed Col: Nail 00 deg. JJ min. L8"a West a Patance of$8d.752 lee!}. fJt 1 l •Thence EAST; along sold Bob✓ones Rood a distance of 218.J5 fact •1 ' to the Point of Beginning, and containing 5.00 acres of land more I ar t"r Save and Except any and all portion thereof contained within any public of private roadway. 1 ` 1 IW. E. Tucker 1 ' Volume 621. Page 644 1 (S.8972'02"W. — 5/8" Iron ro,f Ind. boars 218.336 Deed) N.1194'39"W. — 0.53' $'8971'S9" 218.00' 8" Iron rod Q. Note: This lot is not in the 400. year Rood 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 Q lacal drainage Was not investigated. t tad Undersigned,hereby afftlty that.one aut"y m/p h•rson.'and VWI a"ampanying deeaiptkn,depicts and describes!ha results of If corand erd accurate W"yy.Made an the ground. end.to the best p of my knowledge and ballot,is,e bug and eof at aapktkn and .��•�i description .at the property Wfw1a4.'and that there are he ' •�ye1aT ..J. apparont ancroachmonte of prolNelano aera•s boundary dues. tdtIS"ll of Woo or bcunddrA except as shown hereon. 'The only oements'he underdened has knowledge. drs thaw we Vhoan, ..�.•......... fi h hararor this property abject to any cud W ecesme Any Q�9L`�ARD C. MAKI fafarrallsna the 00 year G that may be of record. My - .%................. a terenaa tc the n t yedr hoed plain or Rood hazard tan t ban •� �ffiga •stMate beead an the data stated hereon,and should not be IntarpretN ee a study Of determination of the.89441119 propenNlNs of this property. . !{O Moto: This survey was performed h connoo0on with the bansoftlon '�Q M�4t•,o� deeerb*d fn: Gr No. 9404760-17. for Lawyers American Title Company. f� Richard C. Maki G *• 4WJ14YJ "4 Add,04Mf�W Registered Professional P.O. 80X 8399 '.FORT KWTH. TEXAS 76112 Land Surveyor No. 4587 Legend: O Iron Rod.Found —X—x—Wood or. Mrs Fanc6 Date; 4/4/94 0 Iron Rod.Sat Control Monument Al Iron rods are 1 2" rebar unless otherwise 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 B ................... ................... :??ff?•i:•::?•:?•i:•i:•i":^:^:ii• _?•::?•::•:?.::......:?........i:-:•:•:vriii'v:-:?4iiii:•:iii:•i::•::-i:{•ii}i}:iiii:-:ii::iiii:4::?4ii:•: :::::.�::xiip:^}:;f.:ii:4:::.::$;j'^C r+h::nv;iii:>i:r{i'•: ., vtitiv:vq••., r }viii}:h:::n::';:Y::::::..... ... •h'i..w::::::rrirr:,,.i•..,-.:..•,?••• •:.�:::::-.v::::-.i�v:v:x::.••.:.•:r:r. w::}•....•--.•,:,.•''.h'•••,v•••.•:v-.••�.•..•.•••.••.vw:::::.�::::::::::::::::::.�:::::.:.X :{?•:f y::.•}:vw::,;•:•{:::.vvv:::•>.{.;::::::::.�w::;:}::w....::?w::::.�::?.i•.i•::::}:4:?v:?::::vvnv�::::::::ry:::{:::::: ............. ��'?yII•-:���'v�'.>•'' ._/;:l;} ��%�:{v.}is:�tii::••::�yy _ din'}.: .,'•{.1::�: ::::�:i:}r//••��,, ,[�.�. ::%X•:i:::ii}�'i�Jf��'-'?.FG:•ev �': '�dl �i.. � '+ � }ti::�:(:ii�:�„:��:ij:}:i: ii:!'�� SUBJECTn TO HE SPECIFIC REQUIREMENTS CONT ED IN THIS ORDINANCE; CORRECTING THE OFFICI ZONING MAP; PRESERVING ALL OTHER PORTIONS O THE ZONING ORDINANCE; DETERMINING THAT THE '.PUBLIC INTEREST, MORALS AND GENERAL WELF DEMAND THE ZONING CHANGES AND AMEN ENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL O INANCES; PROVIDING A SEVERABILITY CLAUSE; PR DING FOR A PENALTY FOR VIOLATIONS HEREOF; ROVIDING A SAVINGS CLAUSE; PROVIDING FOR LICATION IN THE OFFICIAL NEWSPAPER; AND PRO DING AN EFFECTIVE DATE. WHEREAS the Cityof Southlake Texas is a ho a rule City actin under its Charter �' g 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 " # iI 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\480.122 Page 1 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:\ORMZONING\480.122 Page 2 ..................................................... •>:.:.:;:::;..:........::..:.x:::..:.:....a::»::•>:>::..•:;.:;.:�:::r:>::»:•:>:::::.:.....::.::.>�.:•.::.>::.::a::.>• .�`:t..�'.�.f�?;x13; �`>�i� �1`t. t�Gt�<'<:tEt<�` 1 � "> .• '•1Ps�l::.��i�iR�Sitd�#�#ttl ......................................................................................................................................................... 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 C:\0RD\Z0NING\480.122 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\480.122 Page 4 EXHIBIT "A" 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 toad at the Northwest corner of a tract called 3. 159 acres described in Deed from Rosa Clay to W. E . 'fucker and re- corded in Volume 659 , page 484, Deed Records , Denton County, Texas . Thence: South 0 degrecc , 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 Vest 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 . CAORDXZONINGX480.122 Page 5 City of Southlake,Texas �Z1( MANAG R1 (oboe MEMORANDUM . April 28, 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. For consumption over 100,000 gallons, the elderly/hardship volume rate is proposed to be reduced from $3.41 to $2.73 per thousand. There are currently 30 accounts with the elderly/hardship rate. 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 _ - a. � � s n z, s� •,.i_�.. •_ �:_�-;- ,zx�.- .ems .-�. 3 ., .:;,.s:-......_ :�;_..,..... _s = �a' z O O O OO O O O O O O O O -i o T O 00 M 0 O O N 't O ti M M N O r- CC) LO CD N LO CO �- �_ - m t' N M d' O O N d' I` LO It f C N to CO d- CO m ch O m N Nt LO CO — d' d' 00 ti CO 00 _ _ g:_ -0 N M N69 W. 69- 69- 63 i U NtiLr, Coco OOOo`.d` OOOo O CO O I` N M 00 1*- O O It I` __ _- N N CM a) � CM I` 00 CO �- M O In CD O C Le CO 4 CO I` O CO CO e- h Lo CO }` _ CD ■— p_ O LO 649. 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En ' 'cd N o p. U Ed W U O O O O O O � 3-3 ORDINANCE NO. see IM SOUTHI.A AN ORDINANCE OF THE CITY OF KF, TEXAS, RMqMG t THE RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE; MABLISHING A LATE CHARGA PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERRABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the C ky of Southlake, rUSErr its charter adopted by the electorate pursuant to ,Article X1, Section 5 of the Turns Constitution and Chapter 9 of the Local Government Code; and OMIII 1 1 1 1 ' WHEREAS, the City of Southlake bas heretofores adapted rates for water service and sanitary sewer service within and outside the city limits of Southlakc; and - WHEREAS, the cost of providing stroll IM services in the City of Southlake has incrcaae�i since the adoption of these rates. NOW,THERMRE,BE IT ORDAINED BY THE CM COUNCIL OF THE CITY OF SOUTHI.A104 TEXAS: SECTION I That the following rate schedule is hereby adopted for water rates for residential and commercial subscribers to the Southlake Municipal Water System: RFSMEN'TIAL SUBSCRIBERS: L Subscribers living within the corporate limits of the City of Southlake: A. Standard Rate: 1st 2,000 gallons used 26.16 Each i,000 gallons or any portion --3-.M thereof in excess of 2,000 gallons used up to 100,000 gallons l�filasVnushslake�wdtnane�wuess�v Ts. A I.1tLV iNU o bHKKt I i ILL- O1 (—JJL-4 r 4U MP( Ly+'J4 1L• 10 IVU .VV4 r .VJ y Usage in excess of 100,000 gallons 0.9 B. Elderly/Hardship Rate: 1st 2,000 gallons used 11.38 Each 1,00o gallons or any portion 173 thereof in excess of 2,000 gallons used up to 100,000 gallons Usage in excess of 100,000 gallons —*41 II. Subscribers living outside of the corporate ftt limits Of the ho Sout lake Mun opal ty of Southlake, Texas, but within the service Mg, Water System: 1st 2,000 gallons used 34.01 Each 1,000 gallons or any portion M 4 thereof in excess of 2,000 gallons used up to 100,000 gallons Usage in excess of 100,000 gallons -3--w COMMERCIAL B�'i�: 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 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$OOo gallons used 245.28 f-xjk.VmmS &&eAa�w&wwwr 3-S aLV✓a11V f Li Ihl\L 1 I 1 LL VL A V VL 41 4V 11r1 LJ f J'-f 1L a.I 11U .VV4 1 .V4 B. All usage in excess of amount set forth for minimum rate shall be charged at the rate of 3:14 0 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 $1.92 in excess of 2,000 gallons 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 ten N percent(0% 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 # 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 tV,IeAmunNIzke%ordin**LAWter W f 1GLL 11YV. DfIIC IC L' I I ILI..• V11 JJL •414V rip 4V 974 1L•LJ 14V .VV4 f VJ the provisions of such ordinances, in which event the conflicting Provisions of such ordinances are hereby repealed. Ordinance No . 495 hereby repealed effective October 1,'i999RM_.. SECTION 5 It is hereby declared to be the intention of the (Sty 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 jurlsdictian, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 . uM ••g This ordinance shall be in full force and effect an October 1, 1990 ,�. and it is so ordained. PASSE) AND APPROVED ON FIRST READING ON THIS DAY OF i MAYOR ATTEST: Cm— SECRETARY (,11itest�mtmivfaka�ardiaaoc'lwrater��w' z-1 PASSED AND APPROVED ON SECOND READING ON THM DAY OF MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 6etober};-4996 rq��avn,�n�.�� as «u �« City of Southlake,Texas MEMORANDUM CITY MANAGER 'D April 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution 94-20: Southlake Parks Development Corporation Sales Tax Revenue Bonds, Series 1994 The Southlake Parks Development Corporation is scheduled to meet Tuesday, May 3, at 5:30 p.m. There are several items that will be considered relating to the issuance of$2.945 million sales tax revenue bonds. At the meeting, the SPDC will hold a public hearing on the expansion and development of Bicentennial Park, purchase of land adjacent to the Corps of Engineers' property, and the construction of a gymnasium. A resolution is proposed that will authorize the issuance of the revenue bonds, approve a paying agent/registrar and approve a Financing/Use agreement with the City. The SPDC will receive competitive bids on the sale of the bonds. The underwriter bidding the lowest net interest cost and meeting other bid requirements will be awarded the bonds. In order to complete the revenue bond transaction, the City Council is required to approve a resolution at their May 3 meeting. Resolution 94-20 will approve the SPDC resolution that authorizes the issuance of the revenue bonds. It will also approve the execution of the Financing/Use Agreement on behalf of the City. Please place this resolution on the May 3 City Council agenda for consideration. LAH v4Ly vs NOTE: The May 3rd meeting will be the only SPDC meeting during May. Next SPDC will be June 20, 1994 SOUTHLAKE PARKS DEVELOPMENT CORPORATION (awl SPECIAL MEETING Tuesday, May 3, 1994 5:30 p.m. LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers -- City Hall AGENDA: 1. Call to order. 2. Approval of the April 18, 1994 meeting MINUTES. 3. Public Hearing: Expenditure of Southlake Parks Development Corporation Funds; (1) the expansion and development of Bicentennial Park, including baseball and softball fields, soccer fields, playgrounds, parking lot and utilities development, access roads and the acquisition of land and rights-of-way; (2) the purchase of land adjacent to the Corp of Engineers' property for park purposes; and (3) a gymnasium facility suitable for use for amateur (including children's) sports, athletic and entertainment purposes and events. It is estimated the total expenditure of such projects will not exceed $4,000,000. 4. Consider: SPDC Resolution 94-02, A resolution authorizing the issuance of "Southlake Park Development Corporation Sales Tax Revenue Bonds, Series 1994"; pledging certain "Pledged Revenues" of the Corporation, including "Gross Sales Tax Revenues," to the payment of the principal of and interest on said Bonds and enacting other provisions incident and related to the issuance, payment, security and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Financing/Use Agreement with the City, and resolving other matters incident and related to the issuance and sale of the Bonds. 5. Consider: Southlake Parks Development Corporation Opens Bids for Competitive Sale of Bonds 6. Meeting Adjourned. �a -� CITY OF SOUTHLAKE, TEXAS RESOLUTION 94-20 A RESOLUTION by the City Council of the City of Southlake, Texas, relating to the "Southlake Park Development Corporation Sales Tax Revenue Bonds, Series 1994"; approving (i) the resolution of the Southlake Park Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the economic development corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. WHEREAS, Southlake Park Development Corporation (the "Issuer") was created by the City of Southlake, Texas (the "City") , pursuant to the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act") ; and WHEREAS, pursuant to the Act, the Issuer is empowered, on behalf of the City, to issue bonds for the purpose of defraying the cost of any "project" defined as such by the Act; and WHEREAS, the Act defines "project" to include land, buildings, equipment, facilities, and improvements found by the Board of Directors of the Issuer to be required or suitable for use for sports and entertainment and public park purposes or promote or develop new and expanded business enterprises; and WHEREAS, the Issuer has determined that the (i) the expansion and development of Bicentennial Park, including baseball and softball fields, soccer fields, playgrounds, parking lot and utilities development, access roads and the acquisition of land and rights-of-way to include the purchase of land adjacent to the Corp of Engineers' property and (ii) a gymnasium facilities suitable for use for amateur (including children's) sports, athletic and entertainment purposes and events (the "Project") should be financed by the Issuer; and WHEREAS, the Issuer and the City has each found the Project will promote or develop new or expanded business enterprises in the area adjacent to and surrounding the Project; and WHEREAS, Section 25(f) of the Act requires the City Council of the City approve the resolution of the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior to the delivery of the Bonds; now, therefore, 0164761 �Q _ 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1: The Resolution authorizing the issuance of $2,945,000 "Southlake Park Development Corporation II Sales Tax Revenue Bonds, Series 199411, adopted by the Issuer (the "Issuer Resolution") on May 1, 1994 and submitted to the City Council this day, is hereby approved in all respects. The Bonds are being issued to finance the construction of the Project, which will be located within the City of Southlake and the City agrees that upon receipt of the proceeds of sale of the Bonds from the Issuer, the City will construct the Project and thereafter be fully responsible for the upkeep, maintenance and use of the Project. Section 2 : The approvals herein given are in accordance with Section 25(f) of the Act, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State") , within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid-4n whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those revenues assigned and pledged by the Issuer Resolution. Section 3: The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in (6w, the Issuer Resolution) in accordance with the terms of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes imposed on behalf of the Issuer. Section 4: The Financing/Use Agreement by and between the City and the Issuer in relation to the Project, attached hereto as Exhibit A and incorporated by reference as a part of this resolution for all purposes, with respect to the obligations of the City and Issuer during the time the Bonds are outstanding, is hereby approved as to form and substance and the Mayor and the City Secretary are hereby authorized to execute and deliver such agreement for and on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. 0164761 -2 9a-4 Section 5: The City hereby acknowledges and recognizes that the Bonds are being issued as tax exempt obligations under and pursuant to section 103 (a) of the Code (as defined below) and the proceeds of sale of such Bonds are to be deposited with the City following their receipt by the Issuer and the City shall have full control and responsibility with respect to the construction of the Project and the investment and disbursement of the proceeds of sale of the Bonds. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Issuer: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, -as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the . Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1. 148-1 (b)•.of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or f inal Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. 0164761 -$ is-� "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1. 148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants -in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 0164761 -4 qtj (d) No Private Loan. >Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaping of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 0164761 9�-7 (2) Not less frequently than each Computation ' Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 14 8 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Issuer for payment to the United States the amount described in paragraph (3) above and the amount described in paragraph (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (2) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including the amount remitted to the Issuer for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. Section 6: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551, as amended. 94-8 Section 7: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this May 3, 1994. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) o1"7e1 -7- EXHIBIT �. FINANCING/USE AGREEMENT ' This Financing/Use Agreement (this "Agreement" ) is made to be effective as of the 3rd day of May, 1994, by and between the City of Southlake, Texas, a duly incorporated and existing municipal corporation and political subdivision of the State of Texas (the "City") and the Southlake Park Development Corporation, a non- profit industrial development corporation organized and existing under the laws of the State of Texas, including Vernon's Ann. Civ. St. , Section 4B of Article 5190.6, (the "Corporation") R E C I T A L S WHEREAS, the Corporation on behalf of the City is to finance (i) the expansion and development of Bicentennial Park, including baseball and softball fields, soccer fields, playgrounds, parking lot and utilities development, access roads and the acquisition of land and rights-of-way to include the purchase of land adjacent to the Corp of Engineers' property and (ii) a gymnasium facilities suitable for use for amateur (including children's) sports, athletic and entertainment purposes and events (the "Project") ; and WHEREAS, such financing contemplates the issuance and sale of the Corporation's tax exempt bonds in the principal amount of $2,945,000, and the proceeds of sale are to be used by the City to design and construct the Project; and WHEREAS, the City will have full responsibility for the design and construction of the Project and the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; A G R E E M E N T 1. Financing of Project: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue and sale a series of obligations to be known as "Southlake Park Development Corporation Sales Tax Revenue Bonds, Series 199411, hereinafter called the "Bonds" , and deposit the proceeds of sale of the Bonds to a construction fund or account to be designated by the City and the City hereby agrees and covenants that all proceeds of sale deposited to the credit of such construction account shall be used solely to pay the costs of the Project. 2. Use of Project. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the Corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 0164758 3. Recognition of Tax, Exempt Financing. The City hereby acknowledges and recognizes that the Bonds are being issued as "state or local bonds" under and pursuant to section 103 (a) of the Internal Revenue Code of 1986, as amended, and the City hereby covenants and agrees with respect to the use of proceeds of sale of the Bonds and the use of the Project as follows: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth:. in Section 1. 148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954 , which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1. 148-4 of the Regulations. 016475s -2- EXHIBIT A (b) Not to Cau»e -Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds. are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross 0164758 -3- EXHIBIT A I'l-1.Z- Proceeds 's sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. oi"75a -4- EXHIBIT A �& 1y (3) As additional consideration for the purchase of the Bonds by the Purchasers and the use of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Corporation for payment to the United States the amount described in paragraph (g) (2) above and the amount described in paragraph (g) (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (g) (2) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery..of the error) , including the amount remitted to the Corporation for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. 4. Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund". 5. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 6. Entire Agreement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 7. Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute 0164758 -5- EXHIBIT A �4 -It the same agreement. It shall be .-necessary to account for only one such counterpart in proving this Agreement. 8. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 9. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 10. Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. SOUTHLARE PARR DEVELOPMENT CORPORATION ATTEST: President, Board of Directors Secretary, Board of Directors (Corporation Seal) CITY OF SOUTHLARE, TEXAS ATTEST: Mayor City Secretary (City Seal) 01"758 -6- EXHIBIT A City of Southlake,Texas MEMORANDUM April 27, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Amended Developer Agreement for Timarron-Brenwyck, Phase 1; Wyndsor Creek; and Glendover; Adding the Estates at Bent Creek Timarron apparently "inadvertently omitted" the 30 lots of Timarron Phase 2, Section 2A, "The Estates at Bent Creek" from the latest Developer Agreement. The engineering plans for The Estates have been approved and the infrastructure is being constructed. All of the requirements of the original Developer Agreement remains unchanged. Timarron will pay all fees as stipulated in the agreement. The fees are: • 1.5% of construction costs for Inspection Fees, • 2.0% of construction costs for Administrative Services • Park Fees: 30 lots X $500/lot X 50% = $7,500 The changes to the.Developer Agreement are: • Title Block and the description in the first paragraph, page 1 will change from: Brenwyck, Phase 1, Wyndsor Creek Phases 1 and 2 and Glendover Phases 1 and 2, of Timarron To: Brenwyck, Phase 1, Wyndsor Creek, Glendover, and Phase 2 Section 2A of Timarron. • Page one first paragraph - change the number of lots from: 201 - 231. • Page 9 - 10, Section IV, A. Park Ordinance - a) change the Park Fee total from $50,250 to $57,750 (231 lots X $500/lot X 50%) for an additional fee of $7,500 • Change the second,paragraph to reflect the above changes. It would be charged to read: There are 231 lots in Brenwyck Phase 1, Wyndsor Creek, Glendover, and /OA- I Curtis E. Hawk, City Manager Developer Agreement for Timarron April 27, 1994 Page 2. Phase 2 Section 2A(The Estates of Bent Creek) of the Timarron Addition. The Council, hereby, grants a 50% credit for a resulting required Park Fee of $57,750.00 for this agreement. Please place this on the April 19th agenda for Council approval. gi— BW BW/sm Attachments wprdes\memos\ft.adm IOA• 2 Y' jr r Timarron Land Corporation 300 East.Carpenter Freeway CITY MANAGER"-,.,,:, Suite 1425 Irving,Texas 75062 214-791-3333 Fax 214-541-0800 T I M A R RO N April 6, 1994 Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Developer's Agreement for Brenwyck - Phase 1 Wyndsor Creek Phases 1 & 2 and Glendover Phases 1 & 2 Dear Curtis: Timarron respectfully request that the referenced unexecuted Developer's Agreement be amended to include Timarron Phase 2, Section 2A "The Estates at Bent Creek" consisting of 30 residential estate lots. During finalization of the referenced Agreement we recognized that this addition of 30 lots was inadvertently omitted _ from the document. We propose to pay all required fees as detailed in the Agreement and adhere to all stipulation set forth. Your direction and assistance in this will be greatly appreciated. S.inc ely, StevIa, E. rineer P.E. Project E SEY/ers cc: A.E. Brier R.L. Croteau f:\legal\private\tm\hawk-amd.ltr a Mobil Land community DEVELOPER'S AGREEMENT FOR BRENWYCK PHASE I, WYNDSOR CREEK, P14 n SES , .P. - AND LENDOVER PHASES SES , r. n 1 :t '` `+ '> k-`•.` TIMARRON An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Brenwyck Phase I, Phases , 4. 2 an ver, Phases , �>�l�asi✓ � Wyndsor Creek, rl a Glendo .....:...... .,,,,,._, Timarron ("Addition") to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 2-04- lots contained within the Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 15% of the lots after installation of the water and sewer mains adjacent to those lots, as noted above for residential permits. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are substantially complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letter of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer as set forth in the plans submitted to the City by the Developer and approved by the City (the "plans"), and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 10A- 4 The value of the performance bond and payment bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. 1. Any guarantee of payment instrument (performance bond, letter of credit, or cash escrow) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney by the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonable withheld or delayed. 2. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. D. The Developer agrees to furnish to the City maintenance bonds amounting to 20% of the cost of construction of water, sewer and drainage utilities and 50% of the construction cost for the street paving. These maintenance bonds will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary. E. Until the performance and payment bonds, letter of credit or cash escrow required in item "I.(c)" above has been furnished as required, no approval of work on or in the subdivision shall be given by City and no work shall be initiated on or in said Addition by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvement, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. 1 OA• S G. On all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay the City 1.5% of Developer's actual construction cost to cover the City's expenses for inspection of the water, streets, drainage facilities, and sanitary sewer. 2. Developer will provide and pay for the following: (a) All geotechnical compliance testing and retesting, if necessary, for the installation of all improvements included in the plans. The tests will include but not be limited to the following: (1) All nuclear density tests on the roadway subgrade (95% standard) and trench testing (95% standard), (2) All gradation tests required to insure proper cement and/or time stabilization, (3) Cost of technician time for preparing concrete cylinders, (4) Concrete cylinder tests and concrete coring samples, (b) Full time quality assurance inspection by a certified geotechnical technician for all improvements included in the plans. (c) Construction phase services to be performed by a registered professional engineer which services include, but are not limited to, the following tasks: (1) Conduct pre-construction conferences with the Developer's General Contractors and the City, (2) Make periodic visits to the site to observe the progress and quality of executed work and determine if work is proceeding in accordance with the plans, (3) Prepare necessary change orders, (4) Conduct the final inspection of the project for compliance with the plans, (5) Upon completion of the improvements set forth in the plans, prepare a set of record drawings. 3. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered over and above the 1.5% inspection fee as stated 10A- 4 above. Acceptance of the project will not be given until all inspection fees are paid. 4. Developer shall not connect buildings to sewer lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer or any third party, independent entity engaged in the construction of houses, (a "Builder") will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in the Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plats of the Addition. Water facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an eight (8") inch water line. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition in accordance with the plans. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction of the Addition shall conform to the requirements in Ordinance Nos. 217 and 483. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 4 / OA--? 2. The Developer will be responsible for: a) Installation and one year operation cost of street lights which is payable to the City prior to final acceptance of Addition; b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost in accordance with Ordinance 493, Article V. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees, or to cause its Builders, to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. Notwithstanding the foregoing, the Developer's responsibilities regarding erosion control for each particular lot shall terminate upon the issuance of a Certificate of Occupancy for a residence on such lot. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be 5 /OA-% implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets and notification has been given to the Developer, the Developer or its Builder will have seventy-two (72) hours to clear the soil from the streets. If the Developer or its Builder does not remove the soil from the street within 72 hours after notification, the City may cause the soil to be removed either by contract or City forces and replace the soil within the Addition at the Developer's expense. All fees owed to the City will be collected prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Timarron Addition is a Planned Unit Development incorporating a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide berms, trees, shrubbery and related irrigation within the City right-of-way within the Addition for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowner's association. In the event that such landscaping is not properly maintained, the City may, in its sole discretion, perform such maintenance functions and charge same to the Developer or homeowners' association, or, in the alternative, the City may remove such special landscaping from the public right-of-way and bill the costs for removing same to the Developer or the homeowners' association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnity and hold harmless the City from any and all damages, losses or liability of any kind whatsoever by reason of injury to property or third persons occasioned by the Developer's use of the public right-of-way with regard to these amenities, and the Developer shall, at its own cost and expense, defend and protect the City against all such claims and demands. The Developer may assign its indemnity and maintenance obligations pursuant to this paragraph to a homeowner's association. H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 6 /oA-9 1. At least six (6) sets of construction plans stamped "Approved for Construction" by the City Engineer. 2. All fees required by the City to be paid to the City. 3. Developer's Agreement executed. 4. Approved payment and performance bonds, letters of credit or cash escrow submitted to the City. 5. The Developer or Contractor shall furnish to the City a policy of general liability insurance prior to commencement of any work. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its .... 7 /Oq - (O officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the issuance of the payment and performance bond, letter of credit or establishment of cash escrow. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense, unless the delay is caused by events of force majeure and the Performance Bond is extended for a reasonable period of time by the Developer; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK ORDINANCE: Subject to this Agreement the Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Developer and the City acknowledge that the Timarron Addition contains substantial open space and recreational amenities to include a 10.187 area project park located on Continental Boulevard and additional improved project open space. In consideration of the amenities to be installed for the recreational benefit of residents of the Addition, the Developer has requested a 50% credit toward the required park fees for a resulting fee of 8 /OA • It There afe-201 lets inreffwyek P T TI7yndser- Creek k Phases 1 n - n �(�7 , ttl� Phases and Glefidever Phases 1 and 2 of the Tifnaffen Addition. The f hereby, grants 50 ---a_+ f_- a resulting fequir-edpark f f $50 250 00 f this gfeeme � "here.ar .23 >t is�n: rsn ekse 1">1 <ndsr: rEI ..Exnd4 'a ::>::>:::<:> Q..... x 2> ect on:21 s:16 ern ..�..l.t.......................................... ... :. Y:�:•ii:is i}.�::::.:::•i::9ii' .v y:4w:::•..i.i'r:.%:U:r{•i;::::4;^;;:..k.:ny:.:{.}.:: '+.. r •i: ..:.i.':. .: ��}}{{yy��''##�� yy pp��.<y<:: Qx :d :: x~:a:OW.'. :::; ::: aC::: <?qr. ::::. :� t �.••..... i3. ............�.;;:.;::.;;;:.;;_;:.;:.;:.;:. B. PERIMETER STREET ORDINANCE: Developer agrees to dedicate land for future right-of-way of Continental Boulevard (84') as well as commit to finance extensive roadway improvements as shown in the plans in lieu of paying perimeter street fees. C. OFF-SITE DRAINAGE: The Developer shall construct the required drainage culvert along Continental Boulevard between Byron Nelson Parkway and South Carroll Avenue in accordance with Drainage Ordinance No. 482, Section 6. However, the Developer shall construct the culvert upon the earlier of (i) the date upon which the City reasonably believes the culvert is necessary to handle the drainage in the area or (ii) three years after the execution of this Agreement. To the extent future development is constructed by other developers within the drainage basin, the Developer shall be reimbursed for the cost of the culvert attributable to such development in accordance with Drainage Ordinance No. 482, Section 6. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: .........................WN@.......... By: Title: President Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 9 /OA fit REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The letter of credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by a bank that is insured by FDIC. 4. Partial drawings against L of C must be permitted. 5. The City must be able to draft on sight with proof of amount owed. 6. The customer pays any and all fees associated with obtaining L of C. 7. The L of C must be in a form acceptable to the City of Southlake. The City reserves the right to reasonably approve/disapprove the bank issuing the letter of credit. 8. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. wpfi1es\dev-agr\tim3 10 10A - 13 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.