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1994-04-19 CC Packet City of Southlake,Texas MEMORANDUM April 15, 1994 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager Shana K. Rice, Assistant City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting, April 19, 1994 1. I will be in New York City with Mayor Fickes, Councilmembers Apple and Emerson, and Finance Director Lou Ann Heath Thursday and Friday to meet with the bond rating agencies. Shana Rice, Assistant City Manager, has shared in this memo preparation. 2. Agenda Item No. 4. Departmental Reports are included in your packet. Please let me or the Directors know if you have any questions. The Building Division report is not included in your packet, but will be ready by Tuesday night. I spoke with Jean Bryson, Building Secretary, about the single family residential permit comparison and it appears that through the first quarter of the calendar year we are 35% ahead of the record year we had in 1993. We are on a pace to have approximately 700 SF permits in this calendar year. 3. Agenda Item No. 5A. Amended Developer Agreement for Timarron, adding the Estates at Bent Creek. As indicated in the April 12, 1994 memo from Bob Whitehead, Director of Public Works, the Agreement approved by City Council on 9/7/1993, as submitted by Timarron, inadvertently omitted the 30 lots of Timarron Phase 2, Section 2A, in the Estate at Bent Creek. These lots were approved by City Council as preliminary plat on 10/6/1992 and approved as final plat by Planning and Zoning Commission (ZA 93-94) on 11/4/1993. The memo from Bob Whitehead notes that the requirements of the original Developer Agreement remain unchanged; Timarron agrees to pay all fees stipulated. Note also that the engineering plans have been approved and the infrastructure construction is underway. 4. Agenda Item No. 7A. Ordinance No. 480-114, 2nd Reading (ZA 94-14). Rezoning and Development Plan, Lonesome Dove Estates. Note in the staff comments section of the April 12 memo from Karen Gandy, Zoning Administrator, that no revisions have been made since first reading. The developer is still in agreement with the commitments made during first reading. 5. Agenda Item No. 7B. Ordinance No. 578, 2nd Reading, Wrecker Ordinance. There have been no changes from first reading of the ordinance. Note the item is worded on the agenda to also authorize staff to seek bids for a single wrecker service contract as provided by the ordinance. Please specifically mention this in the motion to approve on second readingif f City Council wishes to authorize such action. 6. Agenda Item No. 7C. lst Public Hearin regarding annexation of 0.361 acres of land on Dove Road at Higgins Branch. Recall that this property is being annexed with the knowledge of the Town of Westlake. Westlake approached the City of Southlake with the suggestion that we annex the property, which is in the Westlake ETJ, in order to address the problem of the trailer house on the site and the discharge of septic waste into the creek. Please note that a schedule of activities has been attached to Sandy's memo. 7. Agenda Item 8A lst Reading Ordinance No. 480-109 (ZA 93-115) and 8B lst Reading, Ordinance No. 480-118 (ZA 93-117) rezoning requests for Harbor Oaks. Tim Fleet, President of VLMC, Inc. has requested that these items be tabled until the May 17, 1994 City Council meeting. Note: These items should be tabled separately, with two motions. Qe Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 15, 1994 Page 3 8. Agenda Item 8C, 1st Reading, Ordinance No. 480-116(ZA 94-25), rezoning and concept plan for Yates Corner Storage. Note in the memo from Karen Gandy, Zoning Administrator, that the request has been amended from "B-2" Commercial Manufacturing District, to "S-P-2" Generalized Site Plan District to allow mini-warehouse storage. 9. Agenda Item 8D. 1st Reading, Ordinance No. 480-117, zoning change request at 1750 N. Kimball Ave. Note in the memo from Karen Gandy, Zoning Administrator, that the applicant has made a variance application to the ZBA to allow a private sewage disposal system on a less than one-acre lot. (ZBA approved the request at their meeting last night.) 10. Agenda Item 8E. Resolution No. 94-17 (ZA 94-22). Specific Use Permit for the sale of alcoholic beverages for Timarron Land Corporation. 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. 11. Agenda Item 9A. Resolution No. 94-18, appointment of Community Representatives for SPARC Program. As you will note in the memo from Shana Rice, Assistant City Manager, the task force working on the implementation of the peer mediation program in Carroll Independent School District will be presenting you with a list of names to consider when making community representative appointments to each campus team. The first training session offered for these volunteers is April 27, 1994, however, additional training dates are available prior to program implementation this fall. 12. Aizenda Item No. 11A. Mid-Year Review. Included in your packet is the March 31, 1994 memo from Lou Ann Heath, Director of Finance, from the last City Council meeting. The financial reports attached to the memo are as of February 28. Lou Ann Qe will have the March financial reports--the mid-year reports--completed prior to the Council meeting Tuesday night. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 15, 1994 Page 4 Bob Whitehead will review the status of the water, sewer, and street projects we have previously discussed with City Council. Lou Ann Heath and Lewis McLain, our Utility System Fiscal Planning Consultant, will report on our Utility Rate Study update as we discussed during the budget work session last summer. (It appears that we will be able to lower our volume rate and still maintain the integrity of the Utility Fund.) OTHER ITEMS OF INTEREST 13. Note the following_preliminary population estimates from the NCTCOG concerning Southlake: • 1994 population estimates = 10,400 • 2010 projected population = 26,333 The listings are attached FYI. 14. Another group home application. It appears that David Walsh, who established the group home at 2900 Brookwood, is initiating steps to establish another group home at 2410 Taylor in Emerald Estates. The group home on Brookwood was established in 1991. To my knowledge there have been no problems experienced. As a reminder, State law provides that these homes are a permitted use in all residential zones or districts. (Copy of statute and area map attached.) 15. Entrance to Austin Oaks at S.H. 114. FYI, we have been notified by TxDOT via telephone call from the Fort Worth District that the State has received enough complaints that they are planning to move the curb further back from the travel lanes. We were told the State's maintenance crews (TxDOT) will do the work in approximately 2-4 weeks. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 15, 1994 Page 5 16. Wal Mart Update. We have received no official word as of this writing that Wal Mart has closed on the site at F.M. 1709/S.H. 114/Kimball Ave. extension. We have received numerous calls from people who purportedly know the deal has been consummated, enough so that I believe it has. However, we have not heard from Ms. Farrar or Wal Mart. 17. Timarron Phase I, Replacement of Failed Pavement. Note letter dated April 7, 1994 and map attached hereto from Steve Yetts, Project Engineer, Timarron Land Corporation. 18. Status of Jean Buzzard ROW Abandonment Request at Lot 6, Block 1, Trail Creek Addition. Staff has been in contact with Mrs. Buzzard and has provided information on procedure to request right-of-way abandonment. We are awaiting the formal request. 19. Joint Utilization Committee, Construction of Gymnasium at Carroll Middle School. The Joint Utilization Committee is working to develop an agreement which will govern the design, construction, and use of a new gymnasium/recreation center at the Middle School. You will recall that $500,000 was allocated in the SPDC's budget for the construction of the gymnasium. The Joint Utilization Committee will be bringing you an agreement to consider soon. 20. Southlake Projram for the Involvement of Neighborhoods (SPIN) update. To date, we have received 57 responses to the Interest Survey we sent to those in attendance at the Town Hall meeting and included in the last Southlake In Review newsletter. Many of the interested citizens have been conducting neighborhood meetings to determine a recommendation for their Neighborhood Council Chair (Standing Committee member). As a reminder, formal appointments to the Standing Committee will be made at the May 17 City Council meeting. 21. Mobil Property. N. White ChaWl Blvd. (north side of S.H. 114). As you may know, Mobil tentatively agreed to lease approximately five acres of its property, located north Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 15, 1994 Page 6 of S.H. 114 and east side of North White Chapel, to the City (for a nominal fee) for use as baseball practice fields. The only concern Mobil had about this arrangement was the possibility that they would lose their agricultural land tax status on the property. Research conducted by Mobil's attorney, as well as our own, indicates that if the lease arrangement was to become reality, Mobil would not be eligible for agricultural land tax status on the property. Steve Yetts has told staff that there may be another property available which is not categorized under an agricultural land tax status. Staff is currently investigating the suitability of the alternative site for use as ballfields. 22. FYI. Among the participants at the April 7, 1994, Team Focus session were Mayor Fickes, Councilmembers Apple, Emerson, and Evans, Judge Brad Bradley, David Yelton, Janet Murphy, Assistant City Manager Shana Rice, and myself. Included in your packet is a copy of the results of the Team Focus exercise. 23. FYI. Note letter to Drews Realty Corporation, attached hereto, granting a request to pour concrete between 3:00 a.m. and 7:00 a.m., April 13 through April 27, for the new Albertson. hv4 CEH/kb North Central Texas Council Of Governments OFFICE OF CRY TO: City Managers and City Secretaries of Non-Manager Cities FROM: Bob O'Neal Director �`'�'Z Research and Information Services DATE: April 6, 1994 SUBJECT: 1994,Annual Population Estimates During January, we contacted you to begin the process of preparing for the North Central Texas Council of Governments' Population and Housing Estimates for January 1, 1994. We are now asking that you review the results prior to publication in April. The enclosed sheet contains information on housing unit completions reported by your city during 1993. A revised 1993 population estimates worksheet is included which incorporates adjustments to occupancy rates within your city. Please review this information and contact us before 3:00 p.m., Tuesday, April 15, if you have any concerns and can provide us with additional information. If you have questions regarding this data, please feel free to contact Brian Lister or myself at 1817) 695-9156. Thank you and your staff for the assistance provided in this process. We look forward to providing this important service to you and appreciate your continued support. Bob O'Neal BO:dm enclosures: 2 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640-7806 ©recycled paper 1994 Population Estimates City of Southlake Estimated Average Housing Occupancy Household Group Estimated Housing Units Rate Size Quarters Population Type 1/1/94 l/l/94 l/l/94 1/l/94 l/l/94 Single Family 3242 0.964 3.11 9719 Multi Family 7 1.000 2.99 21 Other 301 0.879 2.45 647 0 Total 10387 The 1994 Population estimate will be reported as 10400 Revised 1993 Population Estimates City of Southlake Estimated Average Housing Occupancy Household Group Estimated Housing Units Rate Size Quarters Population Type 1/1/93 l/l/93 l/l/93 1/l/93 l/l/93 Single Family 2681 0.963 3.11 8029 Multi Family 7 1.000 2.99 21 Other 301 0.878 2.45 646 0 Total 8696 The 1993 Revised Population estimate will be reported as 8700 JIL r� North Central Texas Council Of Governments':!; KAR 3 11994 March 30, 1994 Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Curtis: The North Central Texas Council of Governments' Executive Board adopted the 1994 Demographic Forecasts, prepared by the Research and Information Services Department under'the guidance of the Demographic Methodology Task Force, during the March 24 meeting. These forecasts are small area projections of population and employment in the North Central Texas region for the year 2010. They are used as a basis for regional planning programs in transportation, environmental;services, and human services. Further, many area cities use these forecasts for internal projects such as development impact fees. (tt�he Demographic Methodology Task Force comprised of area managers, planners,gy p g , p n rs, and economic development professionals, has been overseeing this process during the past two years. This effort has included establishing overall regional projections of population and employment, developing a forecast process, evaluating forecast results, and providing dispute resolutions between cities. Enclosed are materials describing the forecast process and summarizing information for the region, selected cities and market areas. You will find your city included in these listings. RIS staff will finalize additional variables, such as construction employment and group quarters, during the next few weeks. Formal publications and documents will then be released this Summer. If you have any questions regarding these materials or other aspects of NCTCOG's demographic research program, please contact Bob O'Neal, Director of Research and Information Services or myself. Mike Eastland Executive Director ME:dm ,nclosure 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640.3300 FAX: 817-640-7806 ©recycled paper NCTCOG 1994 DEMOGRAPHIC FORECASTS 1 1 Final 2010 City Allocations March 24, 1994 1990 2010 1990 Total Household Household 1990 2010 �Wtityname Population Population Population Employment Employment Addison city 8783 8783 14382 29651 39107 Allen city 18309 18309 71847 3829 13137 Arlington city 261721 259697 333900 87643 125260 Azle city 8868 8750 9374 2460 3085 Balch Springs city 17406 17289 18577 3070 4163 Bedford city 43762 43537 44952 14963 18658 Benbrook city 19564 19384 20065 2824 3266 Blue Mound city 2133 2133 2259 298 371 Burleson city 16113 15930 21338 3417 4834 Carrollton city 82169 81965 105338 44774 65435 Cedar Hill city 19976 19761 36139 2594 6560 Cockrell Hill city 3746 3746 3504 324 324 Colleyville city 12724 12712 32355 1403 5844 Coppell city 16881 16881 38464 5881 14852 Corinth town 3944 3901 9776 839 1957 Crowley city 6974 6974 9671 1621 1780 Dallas city 1006877 990115 1060130 863776 1183198 Denton city 66270 59333 76529 32737 47120 DeSoto city 30544 30214 45397 8609 11937 Duncanville city 35748 35683 34904 9769 11478 Eagle Mountain CDP 5847 5833 5726 1210 1448 Euless city 38149 38058 47522 10069 17685 Everman city 5672 5672 5306 806 1296 Farmers Branch city 24250 24121 25646 50412 67775 Ferris city 2212 2144 2454 1196 1620 lower Mound town 15527 15501 51165 1233 9188 (*M�Iorest Hill city 11482 11363 11709 1700 3397 Forney town 4070 4070 4027 1214 1491 Fort Worth city 447619 433887 499510 322489 481257 Frisco city 6141 6106 33657 2526 6266 Garland city 180650 180194 198269 62752 90049 Grand Prairie city 99616 98927 132692 51595 79759 Grapevine city 29202 28947 44627 23267 43091 Haltom City city 32856 32542 32777 9799 14061 Highland Park town 8739 8642 8106 1620 1860 Highland Village city 7027 7027 16357 256 1660 Hurst city 33574 33366 36096 15567 22018 Hutchins city 2719 2719 2972 2226 2593 Irving city 155037 154013 198881 107137 164612 Keller city 13683 13534 30551 875 4642 Kennedale city 4096 4054 10035 1164 1641 Lake Dallas city 3656 3656 4412 653 1122 Lake Worth city 4591 4402 4232 1389 1628 Lancaster city 22117 21671 23256 7260 10602 Lewisville city 46521 46207 81346 14169 21150 McKinney city 21283 20050 50712 13103 21828 NOTE: Household population excludes persons living in group quarters. Employment figures exclude construction jobs. City figures are for 1990 corporate limits. NCTCOG 1994 DEMOGRAPHIC FORECASTS 2 Final 2010 City Allocations 1990 200 1990 Total Household Household 1990 2010 tyname Population Population Population Employment Employment Mansfield city 15607 15494 33217 3811 6376 Mesquite city 101484 100790 134738 32271 51241 North Richland Hills ci 45895 45773 71086 10114 14779 Pantego town 2371 2371 2656 1596 2004 Plano city 128713 128224 253734 56962 121718 Red Oak city 3124 3124 3898 1534 1747 Rendon CDP 7658 7630 14360 417 2666 Richardson city 74840 74294 85784 60278 106076 Richland Hills city 7978 7773 9674 4877 6243 River Oaks city 6580 6580 6231 1221 2008 Rockwall city 10486 10261 21198 5055 6787 Rowlett city 23260 23260 44221 3642 8138 Sachse city 5346 5346 16420 760 2493 Saginaw city 8551 8551 11829 3304 4617 Sansom Park city 3928 3837 3666 628 672 Seagoville city 8969 8075 17822 2685 3199 Southlake city 7065 7065 26333 3473 9613 Sunnyvale town 2228 2228 4016 1000 1677 The Colony city 22113 22113 28774 1420 5201 University Park city 22259 19442 18530 7533 10761 Watauga city 20009 20009 23870 1200 1408 White Settlement city 15472 14938 15313 3149 4661 Wilmer city 2479 2479 2346 535 807 Wylie city 8716 8619 17608 1944 2820 NOTE: Household population excludes persons living in group quarters. Employment figures exclude construction jobs. City figures are for 1990 corporate limits. +r MARKET LEVEL SUMMARY OF ALLOCATIONS 1 Sorted by Employment Change March 24, 1994 1990 2010 Employment Percent tarket Area Employment Employment Change Change Telecom Corridor 70095 109587 39492 0.5634 Legacy 6290 38267 31977 5.0838 North Central Corridor - Upper 39220 60970 21750 0.5546 Alliance 231 21748 21517 93.1472 Las Colinas Urban Center 34109 54346 20237 0.5933 Fort Worth Hospital District West 12451 30322 17871 1.4353 CBD Dallas Downtown 113407 129431 16024 0.1413 Great Southwest 49927 65814 15887 0.3182 Centerport 17498 33096 15598 0.8914 University Medical Park 25125 39032 13907 0.5535 Northeast 635 35288 48653 13365 0.3787 Park Central 14646 26737 12091 0.8255 CityPlace 2602 14433 11831 4.5469 DFW Airport 23186 34955 11769 0.5076 Brookhollow Business District 21650 33351 11701 0.5405 Preston/190 4893 15628 10735 2.1940 Arlington I-20 5979 16450 10471 1.7513 CBD Dallas Uptown 23978 33871 9893 0.4126 CBD Fort Worth 47899 57382 9483 0.1980 North Central Corridor - Central 16459 25202 8743 0.5312 Walnut Hill Business Park 23145 31729 8584 0.3709 Skyline 13117 21579 8462 0.6451 Preston/635 21976 30311 8335 0.3793 Parkway 30475 38642 8167 0.2680 Metropolitan Business Park 37458 45085 7627 0.2036 Preston/121 207 7735 7528 36.3671 Freeport 8983 16273 7290 0.8115 :Fort Worth Hospital District East 6946 14149 7203 1.0370 North Central Corridor - Lower 12917 19594 6677 0.5169 Trinity Mills/I-35 East 6645 13272 6627 0.9973 Park West 4250 10762 6512 1.5322 Love Field 20474 26932 6458 0.3154 Red Bird Industrial Park 21066 27491 6425 0.3050 190 Corridor 5902 12231 6329 1.0723 Methodist Medical Center 4068 9284 5216 1.2822 Dallas Market Center 10621 15729 5108 0.4809 Arlington I-30 14209 19286 5077 0.3573 807392 1249359 441967 NOTE: Employment figures exclude construction jobs L r . iniarrot and Corporation s MOO Fast Carpcnter �rcrw:n jr,m 1*re ED� ' Irving.'Ccsas'5O(�3 31 i 791-3333 _ Fax )I t>11-05OO -'��:/� Ff I �R TI MARR ® N April 7, 1994 Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Timarron Phase I Pavement. Replacement Dear Mr. Hawk: This letter briefly summarizes our proposal for removal and replacement of certain sections of damaged pavement within Bent Creek Drive, Creekway Bend and Bent Trial Drive of Timarron Phase I (see attached map) . As you know, based on recent investigations performed by Maxim Engineers and Fugro McClelland (60", (see attached) , it was determined that the improvements were properly installed per plans and specifications prepared by Carter & Burgess and approved by the City. The improvements were accepted and maintenance bonds issued on August 27, 1992 . The general consensus of all parties involved with investigation of the pavement failure is that backfill material over the sanitary and storm sewer pipe eroded and migrated into existing voids causing settlement of the trench lines. This erosion apparently was caused by an abnormal amount of groundwater traveling in the trench lines. Recognizing the urgency in repairing the streets from a safety and aesthetics point of view, Timarron recently agreed to participate in the reconstruction of the roadways. This participation consists of a three-way equal sharing of repair cost between the City of Southlake, Wright Construction Co. and Timarron Land Corporation. The City will also administer the reconstruction of the street, including notification of adjacent property owners, traffic control and coordination of contractors, and Wright Construction Co. will remove and replace trench material as directed by the City and provide an onsite geotechnical technician. Qe f:\legal\private\tm\hawk-pay.ltr Curtis Hawk City of Southlake April 7, 1994 Page 2 Replacement pavement will be provided by an independent contractor to the specifications determined by the City. The payment of the paving contractor will be provided by Timarron and reimbursed by the other two parties under agreed upon terms to be negotiated in an upcoming meeting. By agreeing to these remedial measures, Timarron does not admit any liability or responsibility for the street damage nor dies Timarron agree to replace any damage in the future. If your understanding of this process differs, please contact me at (214) 719-5206. We anticipate having preliminary construction cost available by the week of April 11, 1994. Sincerely, *Stve E Yetts, P.E. Project Engineer SEY/ers Enclosure cc: Robert R. Whitehead, P.E. Director of Public Works City of Southlake Lemoine Wright Wright Construction Company R.L. Croteau f:\legal\private\tm\hawk-pay.ltr L4 23 22 21 2 N 18 17 16 A IS "✓ _�� 5 6 7 B 9 z 6 4 3 i g 2 I C 4 6 7 6 2 GR 3 9 8 7 635 - �� I J 1 234 5 8 IO 32 2 T II 3 19 18 7 4041 ! � 4 4 f3 30 4342 312 2 I 5 7 Olp13µ 3 IT 18 2 j EN I 5 �15 46 3 16 23 8 / tiaa�T 5 C 4 6 8 22 r E 7 6 47 3536 14 0 21 5 x q 5 67 12 8 10 9 8 4 50 1 7 I 2 3 41516 7 3 2 IT 16 52 2 0 0 ON GR 0 1 1 2 3 4 5 EMS II 1 2 3 4 5 6 7 If I o COMMON GREEN 2 I 12 3 4 5 6 5 4 3 2 3 23 22 y 2 I I IT 7 T 6 4 < s 4 05 30 029 8 17 B COM I 3 U6 31 6 4 16 19 G 20 C0M 2 * 32 �7 10 5 IR GR 33R 20 11 26 If 21 I HOSET 9 2 13 10 35 25 12 3 22 12 11 S8 24 70 24 23 23 24 31 15 40 39 36 3T 22 28 32 27 25 I 2 3 4 5 6 7 21 3-426 8 20 34 35 .3 3 9 72 14 12 T3 1 19 18 IT 37 COMMON TI 15 10 9 I N51 IiA � 18 1� 13 14 33 38 \ 70 16 i 39 `\ 19 6 2 32 \ 64 20 23 5 q 3 31 41 1 +1 8� 2i 2 25 55 30 q2 V 6 27 28 24 53 43 6 in 6 2GR 6 56 52 4 ` \ �S 65 p 51 4\ 45 1 64R ! 60 9 qT4 ® � l• `\ 1 63R �t \ \ GREE010�� ti Tm _ PM \ PEBBLE HLL 454 \ l � 1LAKfATgN f a II a r---v------T-- E r - 6t.�.r City of S-Outhlake April 12, 1994 Drews Realty Corporation Mayor. 5440 Harvest Hill Rd. #150 Gary Fickes Dallas, Texas 75230 Mayor Pro Tem: Jerry Farrier Councilmembers: Subject: Southlake Market Place Construction Barry K.Emerson W.Ralph Evans Stephen W.Apple Sr. Jon Michael Franks Dear Mr. Drews: Andrew L.Wambsganss City Manager In consideration of your request to pour concrete between 3:00 a.m. and 6:00 Curtis E.Hawk a.m., April 13 through April 27, 1994 at the referenced project, I have reviewed City secretary: the following conditions: Sandra L.LeGrand (a) Daytime traffic in the area is such that there is additional hazard working in the normal daytime hours; (b) You have submitted written approval of the three homeowners with 1,500 feet of the project; (c) Ordinance No. 438 states normal construction hours are 6:00 a.m. to 6 p.m. Monday through Saturday, but authorizes me to make an exception when deemed necessary in the interest of public safety and convenience. Therefore, I hereby grant exception for the time period requested only. Thank you for your cooperation on this project. Very truly yours, jz��XI,4^'` Curtis E. Hawk City Manager 667 North Carroll Avenue •Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER' I r• April 11, 1994 Mr. Curtis Hawk, City Manager City of Southlake 667 N. Carroll Southlake, Texas 76092 Re: Authorization to Allow Parking Lot Construction at Southlake Marketplace April 13 - April 27, 1994 between 3:00 A.M. and 6:00 A.M. Dear Mr. Hawk: By signing below, I agree for Venus(brews) Partners, the developers of Southlake Marketplace, to pour concrete and perform related parking lot construction during the hours noted above for the period shown. Sincerely, T Q�j SigrAttfre Printed Name Address Signature Printed Name 2 2`f' Address Signature Printed Name IEW 101�y V/S- /3L V'O Address City of Southlake,Texas MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS April 1994 Building . . . . . . . . . . . . . . . . . . . . . . . . 4-A Community Development . . . . . . . . . . . . . . . . . 4-B Complaints . . . . . . . . . . . . . . . . . . . . . . . 4-C Finance . . . . . . . . . . . . . . . . . . . . . . . . 4-D Municipal Court . . . . . . . . . . . . . . . . . . . . 4-E Public Safety . . . . . . . . . . . . . . . . . . . . . 4-F Public Works . . . . . . . . . . . . . . . . . . . . . . 4-G Street/Drainage . . . . . . . . . . . . . . . . . . . . 4-H Utility . . . . . . . . . . . . . . . . . . . . . . . . 4-I City of Southlake,Texas COMMUNITY DEVELOPMENT DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 MARCH 1994 ZONING $ 6,175.97 NO. OF CASES (12) PLATTING 960.00 NO. OF CASES (2) SPECIFIC USE PERMITS 504.30 NO. OF CASES (25) BOARD OF ADJUSTMENT .00 NO. OF CASES (0) MISCELLANEOUS INCOME 25.80 NO. OF RECEIPTS (3) -------------------------------------------------------------------------------------------------- TOTAL REVENUE $7,666.07 TOTAL NO. OF RECEIPTS (42) CAW RREPORTSXREVENUE.RPT M x o, M O S1 a m a I�wb Q ° ro ° co pEul ai H H ri u a � 0 \ a N N A10 u a) a) Uri 3 a to a) -r-1 (is En o o > a) 4J }4 •11 -ri ri O m U) rl ro 41 > rI r� rt J-) 4 m �4 (1) �4 .0 4J 4-4 a) r ro _0 a) 0 t >+ U] a) O U S i rl a) � rtS r-I m E r= Ul rtS (IS I O (d a) Url a) N �4cn 04 ( OH ~ O 1 r H a�) o o o r c� ro }4 �-1 J-) U 4) A I a) r I r I r 1 S 1 �4 rl U 1~ (d O �4v �4 a) tJl t71 O 1 1 4� ry' rl ro ro ro r 1 Q) I A �' s~ 4J U) 4-1 r I a) N a) a) O m C3' U to N 4-) 4.) 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(a �4 o >1 o a a) �5 5 r1 41 b > A 4 '� rt U 0 rl N rU 71 (d a) u m a) m ro N rd m -ri m 4J i~ ri m O N a) �s 4-j Z 4J m a) 14 w �' 4J �4 5; a) a) O (d rd a) m O a' PO 1, W U E H 9 R; f=+ Q O � Z w w G\0 Q0 in 0 0 0 0 0 00 U Z w w � . Q U) w =F— a lc:v �r r-A �r -;v 144 p Z rn m 4 m a) -'A m m rn rn � z Q � O U 4J M41 4-) 0 a) -H m m ri r A U x m -ri 0 i U 1 r I •ri U a) r-i (0 4J ri 1J (d 'b X r-i O 0 ri RS a 04 U 04 Cr" rl '�, r-i a) �4 a) p, r-i a) m 0 m 0 .rl 44 4J -ri CO tD a Q O S4 .C: U �4 O -ri r-i 0 •ri a) 4-1 4J 3 O i~ -ri Q P4 s ord 0 a°) m a a) 0 0 o N 0 0a U y � o a � a � a 8 �4 • 4J �4 a� rn m . m aa)) 0 O a 3 (a � 4-) 04 U Cl) U) m U) • (a 0 m ro -r-i -ri U) U) 0 a) a) 3 O -ri •ri -ri 0 � -d a) 0 a) O S4 a) 41 �i a) �i 5 r-i -ri �4 a) r-♦ �i •ri �4 -ri a 34 m (d i~ Qi a) •ri .� rO O A (0 (d 4J (d 4J V 044J r-i U �-i 44 04-0 04 (d a) }4 b -ri a) a) O 0 3 a) m a) U s4 o rd 'i 'i A o o O r-( crs '4 A �4a) w a 44 �C U a U U U P; � a R, a � E� U) a �4 � a w M dr In %D r� C0 N (r) [M Ln 3 N N N N N N m m (r) m U MUNICIPAL COURT MONTHLY REPORT MARCH 1994 TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 810 14 50 5 879 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 282 8 22 0 304 C. Cases Dismissed 209 0 5 0 214 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 1 0 0 0 1 (2) Finding of Not Guilty 0 0 0 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 A. CASES DISMISSED: A. After Defensive Driving 73 0 0 0 73 B. After Deferred Adjudication 103 0 0 0 103 C. After Proof of Insurance 76 0 0 0 76 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 23 0 23 0 46 TOTAL REVENUE COLLECTED: CITY $22,605.50 STATE 12,013.00 TOTAL 34,618.50 MUNICIPAL COURT MONTHLY REPORT FEBRUARY/MARCH 1994 COMPARISON FEBRUARY MARCH 1. NUMBER OF CASES FILED: 603 879 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 187 304 C. Cases Dismissed 186 214 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 4 1 (2) Finding of Not Guilty 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 63 73 B. After Deferred Adjudication 42 103 C. After Proof of Insurance 43 76 5. CASES APPEALED 0 0 6. WARRANTS ISSUED 0 46 TOTAL REVENUE COLLECTED: CITY $14,379.60 $22,605.50 STATE 7,427.00 12,013.00 TOTAL 21,806.60 34,618.50 �E - 2 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT March, 1994 POLICE SERVICES Citations Issued _879_ Residential Burglaries 3 Arrests _51_ Business Burglaries Traffic Accidents _27_ Vehicle Burglaries _2_ Alarm Calls _144_ Assaults _0_ Animal Calls _43_ New CID cases assigned _40_ Thefts Under $750 _8_ CID Investigations Cleared _16_ Thefts $750 and up _7_ Active CID Investigations _26_ FIRE SERVICES Residential Fires 6 Ambulance Calls : Commercial Fires 0 Vehicle Accidents 11 Other Building Fires _0_ Non-accident EMS _45_ Vehicle Fires _0_ Total Patients Transported _25_ Grass Fires 12 Grass/Weed Complaints 3 Fire Alarms - False 9 Burn Permits Issued 18 Fuel Spills/Leak _6_ Pre-fire Inspections _12_ Other Haz-Mat Calls _1_ Building Plans Reviewed _0_ Bomb Threats Other Fire Calls 29 SUPPORT SERVICES Total Police Service Calls 809 Total Training Hours : Total Fire Service Calls 62 Police 10 Crime Prevention Surveys _7_ Fire _10_ Total DARE Classes Taught _74_ Communications _0_ Warrants Received 0 Volunteers 10 Warrants Cleared _19 Total Personnel Trained _24_ Total Warrant Collections $2 , 840 9-1-1 Hang-up Investigations —3— m A Q rf a) O 4 O rcl N A 11 �' tJl td 4S �' 1 O m r i rl a) O O a H (L) > m m -ri A a) O m a) bi 3 H ?. t i E �4 A N O f 4 O A a) (tf S4 O al m a) �4 q U m >4 rd U O 44 3 M U 4-3rn b a �+ -� y x rn a) ua a) w Td a a) c4 0 O s4 M u h b o � •,� r, H � � mo x � x � � a O � U x M 4-) rn0 a) r O U U o v a o 4-4 .0 -- v s4 � a) o a) m a) � oo (d � r O O x Ms4o aA � �+ a) 0) av as a) v a) b ro Er 4 `d 0 A � N H 4 a) a) CJl 0 v a V a) (d o o r to 'd U rd 'd a) rd rl 'd a) O 'd •� a0 s4 � • � � � cncd a) � r � H 4J � b a) a) M rd • rn ba rl off � o oS4 s� v o bi �4 o � "A o a) Uyv � � a) � a) a) O o M o o o �+a) a) a) .� a) EiA U a U) U U U A O CO U a) u 0 3 U z xA a HAS zU H W O\o o\o o\o o\o o\o o\o o\o o\o o\o o\o o\o O o\o Q Ln 111 O O Ln O O O In O O O o\o o\o lfl N dl Ln L(1 01 H H Lf) O O Z rn w On J • r-i U w4 � w ti u -; J m 2 Z CL Z rn "A rn rA �4 � � � >1 � Q •*, a) a) ca a rd c r� a a rw w h M M E .> am4 41 rn a) (L) M (15 O O rti U a) U cd c13 (d A h w h h z z h O w o h h h � � a) v � a) N bi A ' w a) O E a) U o �4 Ei �4 M o v m CO v o m sj a O E Ei Cl) rl 04 �4 z w O r, a) b a) w o x fl m O u) U b) (L) rl U E �4 w rd a P4 U c15 rd �4 0 0 r♦ 'd tow a) tar :,_ a) O 0 � � rd O O 0 O U O � X 0 a) O r► a) . .....; z 41 o 4-) rd U m rj -� w m 0 E-H •� 4J m 'd 11 J O H 1 Ri } Ma) a) � H 1-) A 5 r. -ri O ;:> N 0 (d H H Ei S4 rd a S4 >1 O ::5 U (1) O 'd r :> :< 4-) a) U m bi a) 4-) -� rl a) a) o � m -� P a) o 41 4-) .,-i -r♦ P rl �j A a) (L) H w �S �l H G m :j m m H a) �4 0 0 O 0 41 O .ri x H E A Erma 9 ( � U mra M 4 Er Pa 'd m o a) (1) rd 0 p p a) rd H 0 a) 0 � o m � a) a) H U 134 u A a O z 4 [14 U) E-4 -ri 3 U E Ei U cx 04 w O r-I N to cM H N m Ln w 1, 00 Ol H H H r-I H tr� 0 ri a) N U tJl O �4 O U > �4 >i D � ?� M X bi 3 O 41 NON NON � N N a 4-) 3 4-Ir-( N �4 N Sa 4-) rl r( �4 a 0 N (d N a N 34Ao S4Q0 (d (dEQ o o b E r rl r-I 0 -r( �4 -r-I !l r 4 (d 44 r-I .0 va r-4 � a rl M cd w rd �4 -r-I Cr-r-I N r-I o 4-4r-I rd r-Icd :j o � Ai ri N4 � a U � w �4 N r J) (d �4 X N 3 N QAO FAO 3blr� to A N r, 44 � N ON �4 4J a) a 4J a) a o 0 co m a �► ?,'t3 r. f'a U) r r. �40 0 U t4 a (drn aMrn rdx r-I0 (d 041 0 0 o u o u � m. 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C6 a a a a. a a a a. a a a y o e auba C u u A o a > > o B a x ° > v c c c Av 12;: Qq .a u u F u g 5 a u W CJ n Ccl u ca 8J, I c pg o o D U o cn 3 h_ M N CT 00 M 7 C\ M vl to w) P -4 M 00 r-1 M Vi M N M �I- O tt C O •-� O Noo M of O ¢, N M N M O [may- v�j .MN-� h h N NVl- O� rr 0r0 V1 tri M 'IT 000 ~ N CD U � y OCL ca � M b .� co ca cocr - w d z al N x cXra ti CC X X X C C C y 'O C C qj •C c � � �; � 'C C O •� max+ .x+ C c c .5 cCa q 0 3 w zvo) 3 z 3 3 w w ui 3 uS Z z > Z .14 o v 3 y u o caa CL4 u •, d 0 3 �9i o y u t3 a o aue A d fl X a a e z y _ o O O O T oi v ° pis o =� °o i uc C a a p 8 9 8 �Fi Q d �� City of Southlake,Texas M E M O R A N D U M April 07 , 1994 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department March, 1994. ---------------------------------------------------------- Description Feb Mar 1 . Tons of asphalt used a. Hot Mix Asphalt 0 127 C . Cold Mix Asphalt 25 50 d. Base Material 10 20 2 . Lane Miles of Road Repaired 100 100 3 . Number of Street Signs Repaired or Replaced (all types) 48 68 4 . Feet of Ditch Line Cleaned and shaped 600 200 5 . Number of Vehicles Repaired 0 1 a. Gradal had a hydralic line leaking, sent to shop at AIS to repair 6 . Row mowed in miles of streets 0 5 —BB Vcb T T , UTILITY DEPARTMENT REPORT MONTH MARCH, 1994 FEB. MAR. GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 33, 525, 000 43,820,000 TOTAL PUMPED AND PURCHASED 33,525,000 43, 820,000 WATER METERS SET 49 36 NEW WATER TAPS MADE 0 2 VALVES REPAIRED 7 12 VALVES TESTED 104 98 FIRE HYDRANTS INSTALLED 1 1 FIRE HYDRANTS REPAIRED 0 2 FIRE HYDRANTS FLUSHED 90 3 DEAD END WATER MAINS FLUSHED 38 -0- WATER MAINS REPAIRED 3 3 WATER METERS AND SERVICE LINE REPAIRED 6 6 LOCKED METER FOR DELINQUENT PAYMENT 8 6 PULLED METERS 0 0 METERS REPLACED 4 0 MISCELANEOUS WORK ORDERS 236 277 SEWER LIFT STATIONS CHECKED (4 L.S. ) 80 92 REQUIRED MONTHLY SEWAGE TESTS 8 8 SEWER PLANT MAINTENANCE (BANK & DOVE) 40 46 SEWER MANHOLES INSPECTED 25 4 MISCELLANEOUS PROJECTS 1 1 12 man hours conducting inspection (air test-TV sewer main) sewer system in new subdivision. WATER SUPERINTENDENT DIRECTOR OF PUBLIC WORKS � z City of Southlake,Texas MEMORANDUM April 14, 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 Service • 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 ithe 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 . Curtis E. Hawk, City Manager Developer Agreement for Timarron April 13, 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. BW BW/sm Attachments wpriles\m=os\dm.adm Timarron Land Corporation 300 East Carpenter Freeway Suite 1425 CITY MANAGER. Irving,Texas 75062 ;9 214-791-3333 4 Fax 214-541-0800 (iiw 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. Sing, ely, Ste v E. ein P.E. Project Eer - SEY/ers cc: A.E. Brier R.L. Croteau f:\legal\private\tm\hawk-amd.ltr a Mobil Land mmmunity DEVELOPER'S AGREEMENT FOR BRENWYCK PHASE I, WYNDSOR CREEK, Du n SES I p, 2 AND n SES � p. 2 n�::> GLENDOVER, P14 >: ............ 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, .................................................................... WY ndsor Creek, Iia^e^ ' Q• ' ^~a Glendover, Phases ' Q. of 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 204- W 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. 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. 2 ., -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 ay the City 1.5% of Developer's actual construction cost to cover P ty P 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 lime 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 3 Sa -leo above. Acceptance of the project will not be given until all inspection fees are paid. y 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 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 `.5aa. -a 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 biil 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 1. At least six (6) sets of cons�ruction 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 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 WSJ{ 250 (201 lots v Q non0t v cnm� : ':: ;>::>:: >...... ::>::: <'.: <': v-�Z�rror�-zr-�p�vvnvc��✓v ro7 � > .� ( �.: 4�........... z�.:J �. ...:....................................................................................... 8 T' here l P, Iendevor Phases 1 and 2 of the T:.,,.,,.,.o Addition. The C, hereby, grants and is payable prior- te the beginning of eenstfuetien. ' 'her :>a :: 3 :I ts:> n::Bren.>..ck:: ? se:>l.:>: :;ri :...........................::.::.::. ........................................ ...:::::: ::i;::>'.::::::::i::::.:%'.:...................................................:: ; : ;; : : :::: :::..::::::':::::'''::r" ::::::.:::.:::::::;:;::;::<:::::iir:::;::';::;;,::;:•::;::;:.::.:::.>......::i:::::>'':'::::::}:i:;:S:;::�: t%Qti€2 ::::: : Ftt €4f€€B �rC>tt > ' cr?ondd�€tan ' he: ne� :.::.::.::.::.::.:::.::.::.:::.::.::.::.::.::.::...........................................::::::::::::::::. am if ................................................................................................................................................................. 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: ................................... By: R rt- Title: President Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 9 �'4 -/Z 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 ,%a-/3 City of Southlake,Texas MEMORANDUM April 12, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Wrecker/Towing Ordinance and Authority to Seek Bids for a Single Wrecker Service as Provided by the Ordinance Attached is the proposed Wrecker and Towing Ordinance for second reading. There were no comments at the first reading, therefore, the Ordinance has not been amended. We will be seeking bids from wrecker services to represent the City of Southlake in its vehicular towing and impound as authorized in Section XIII of the Ordinance. Upon completing the perfunctory requirements we will again approach Council for authorization to award this contract. I am available for any questions or comments that you might have. C, BC/mr Attachment wp Memo I WrekTow4.Ord ORDINANCE NO. WRECKER ORDINANCE AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER AND TOWING COMPANIES OPERATING IN THE CITY OF SOUTHLAKE; REQUIRING A LICENSE TO CONDUCT WRECKER SERVICES WITHIN THE CITY; PROVIDING FOR THE ISSUANCE, SUSPENSION AND REVOCATION OF LICENSES; PROVIDING REQUIREMENTS FOR WRECKER VEHICLES AND STORAGE FACILITIES; PROVIDING OPERATING PROCEDURES FOR WRECKERS;PROHIBITING SOLICITATION OF WRECKER BUSINESS; I AUTHORIZING THE CONTRACTING BY THE CITY OF A SINGLE WRECKER SERVICE COMPANY;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas deems it necessary and e o proper and in the best interests of the health, safety, morals and general welfare f its citizenry to adopt an ordinance regulating wrecker and towing services. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. PURPOSE The purpose of this ordinance is to provide a safe and efficient vehicle wrecker and towing service within the City of Southlake for the benefit of the public and as needed and required by the Southlake Department of Public Safety. f:M i les\m un i�slake\ord in a nc\w recker.004 '02-23-14, SECTION II. ' DEFINITIONS In this ordinance the following words shall have the meanings ascribed to them below: Accident means any occurrence that renders a vehicle wrecked or disabled. City means the City of Southlake, Texas. Director of Public Safety means the Director of Public Safety of the City of Southlake, or his designated representative. Disabled Vehicle means a motor vehicle that has been rendered unsafe to be driven as the result of some occurrence, including, but not limited to mechanical failure or breakdown, fire or vandalism, or a motor vehicle that is in a safe driving condition but who's owner or operator is not present, able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker. Motor Vehicle means every vehicle which is self propelled. Non-consent Tow means the towing of a vehicle without the prearranged knowledge and consent of the owner or operator of said vehicle. Examples include, but are not limited to, vehicles towed when the driver is incapacitated following an accident, vehicles towed when the driver has been arrested, vehicles removed from public or private property without pre-notification to the vehicle owner, repossessions and seizures. Non-resident Wrecker or Tow Truck Operator means a wrecker or tow truck operator registered with the State of Texas who does not maintain a place of business within the corporate limits of the City of Southlake. Person means an individual, firm, partnership, association, corporation, company or organization of any kind. Vehicle means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human power or used exclusively upon stationary rails or tracks. Wrecked Vehicle means a discarded, abandoned,junked, wrecked or worn out motor vehicle that is not in a condition to be lawfully operated on a public road. Wrecker means a vehicle designed to be used primarily for removing wrecked or disabled vehicles. Wrecker or Tow Truck Operator means a*person engaged in the business of using a wrecker to tow, winch or otherwise move a motor vehicle. f:\files\muni\siake\ordinanc\wrecker.004(02-23-94) 2 SECTION III. LICENSE REQUIRED A. Requirements. 1. Every person desiring to provide a wrecker or towing service within the City shall first obtain a license from the City Secretary. It shall be unlawful to engage in a wrecker or towing business within the City without first obtaining a license, regardless of whether the business is located inside or outside the City, except as provided by this ordinance. 2. A person who charges a fee for towing wrecked or disabled vehicles, whether by the use of a wrecker or by the use of any other vehicle utilizing ropes, chains or other mechanisms, shall be considered to be engaging in a wrecker or towing business. This shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towing or transportation of wrecked or disabled vehicles. B. Exceptions. No license shall be required for the following activities: 1. The transportation of a vehicle by a non-resident wrecker operator from some point outside the City to some destination within the City. 2. The transportation of a vehicle by a non-resident wrecker operator from some point outside the City and traversing the City to some other destination outside of the City. 3. The transportation of a vehicle by a non-resident wrecker operator at the request of the owner or operator of a vehicle which is located within the City. SECTION IV. APPLICATION FOR LICENSE; REQUIREMENTS All applicants for a wrecker license must file a written application with the Director of Public Safety. The application shall be verified by the applicant and shall be on a form f.\files\muni\slake\ordinanc\wrecker.004(02-23-94) 3 furnished by the Director of Public Safety and shall contain the following minimum information: 1. The business or trade name, address and telephone number of the wrecker company. 2. The name, address and telephone number of the owner of the wrecker business. If the applicant is a corporation, the following information shall also be included: its name, the date and place of incorporation, the address of its principal place of business, the names and residences of all its officers and directors, the names and residences of all its stockholders owning ten percent or more of the total issued capital stock and the amount of stock owned by each of them, the total amount and nature of its authorized capital stock, a certified copy of its chatter and by-laws, and a certified copy of its authorization to do business in the State of Texas. If the applicant is a partnership, the following information shall also be included: its name, the type of partnership, the names and residences of all its partners owning then percent or more of the ownership interest in the partnership and their percentage of ownership. 3. The name, driver's license number, address and telephone numbers of the persons who will operate the applicant's wrecker vehicles in the City and who will have access to the applicant's storage area. 4. The normal hours of operation of the wrecker business. 5. The location and a description of the applicant's storage facility where all disabled and wrecked vehicles will be stored, including the number of spaces available for the storage of towed vehicles, whether the spaces are enclosed or open, the type of security for the protection of the vehicle,, and the normal hours of operation of the storage facility. 6. The number of wreckers for which permits are desired. 7. The design and color scheme of each wrecker to be used and the lettering and logos to be used thereon. 8. The year, make, model, vehicle identification number, license plate number, railroad commission number and load capacity of each wrecker to be licensed. 9. A full and complete statement of the experience, if any, the applicant has had in rendering wrecker service in the City or elsewhere. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94, 4 ''1 C� •S f 10. A list of any unpaid judgments of record against the applicant, which lists shall include the name and address of each owner of a judgment and the amount of such judgment. If the applicant is a partnership, a list shall be furnished for each partner, general or limited, owning a ten percent or more interest in the partnership. If the applicant is a corporation, a list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten percent or more of the total issued capital stock. 11. A list of any convictions of the applicant for violations of any federal state and municipal laws other than traffic statutes. If the applicant is a partnership, a list shall be furnished for each individual partner, general or limited, owning ten percent or more interest in the partnership. If the applicant is a corporation, a list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten percent or more of the total issued capital stock. 12. A list of any liens, mortgages or other encumbrances on the wreckers owned by the applicant for which permits are requested. Such list shall include the amount secured by each lien and mortgage or other incumbranee, the amount due, the character of such lien, or each other incumbranee, and the name and address of the holder of such lien, mortgage or other incumbrance. 13. A statement of the applicant's fees for towing and storage services, including, but not necessarily limited to the following: a. Charges for basic vehicle, truck and motorcycle tows; b. Charges for up-righting an overturned vehicle; C. Charges when the drive line must be disconnected for towing; d. Charges for changing of tires to accommodate towing, e. Charges for use of additional dolly wheels; f. Charges for any specialized equipment; g. Charges for the use of winch pulling; h. Charges for use of trailer or flat bed for hauling; and i. Daily storage fees. f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 5 14. An agreement by the applicant to comply with all of the terms and conditions of this ordinance and any regulations and requirements for wrecker and towing services which have been promulgated by the City and the state as well as any conditions or requirements set forth in the license. 15. A telephone number to be maintained twenty-four (24) hours a day, seven (7) days a week, including holidays for contact by the Department of Public Safety. 16. Such other information as the Director of Public Safety shall find reasonably necessary to effectuate the purposes of this ordinance and to arrive at a fair determination of whether the requirements of this ordinance have been complied with. SECTION V. LICENSE ISSUANCE; FEES; PRORATION A. Upon payment of the applicable license fees, all applications for wrecker licenses shall be reviewed by the Director of Public Safety and forward to the City Secretary for filing. The City Secretary shall issue a wrecker license to all applicants complying with the provisions of this ordinance and all regulations and requirements for wrecker and towing services which have been promulgated by the City and the state. In addition, the City Secretary shall issue permits for each wrecker to be operated by the wrecker business. Licenses shall expire on December 31st in the year in which they are issued. The license shall not be transferable and no permit shall be used on any wrecker other than the one for which it was issued. B. The annual fee for a wrecker license shall be established by the City Council by resolution. The license fee shall be prorated on a monthly basis for all licenses issued for any period less than twelve months. Such fee shall be refunded to the applicant in the event the license is refused; however, no license fees shall be refunded if the license is suspended or revoked under the provisions of this ordinance. SECTION VI. VEHICLE REQUIREMENTS A. Each wrecker for which a permit is issued shall meet the following minimum requirements: 1. Each wrecker shall not be less than 3/4 ton in size. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 6 2. Each.wrecker shall PP w a power beeqi equipped with take-off winch line and boom or lifting device with a factory rated capacity of not less than ten thousand (10,000) pounds single capacity. 3. Each wrecker shall carry as standard equipment safety chains, a fire extinguisher, wrecking bar, broom, axe, shovel, either flares or traffic control reflectors, a wheel dolly and a container to carry debris. 4. Each wrecker shall have inscribed on each side in letters not less than three (3) inches in height the name, address and telephone number of the wrecker business. 5. Each wrecker shall be equipped with an overhead flashing emergency light which shall be rotating and visible at a distance of fifteen hundred (1,500) feet in all directions. 6. Each wrecker shall be equipped so as to provide two-way voice communication by telephone or radio with the licensee's base station at all times. B. A person commits an offense if he operates a wrecker or uses any equipment within the City that is not in compliance with all of the requirements of this ordinance. SECTION VII. RECORD KEEPING; INSPECTION A. All licensed wrecker businesses shall maintain books and records reflecting their operation in accordance with generally accepted accounting principals as may be necessary for verification of the licensee's compliance with the terms of this ordinance. The licensee agrees to make such records available at reasonable times to any member of the Department of Public Safety upon request. B. Members of the Department of Public Safety may inspect each wrecker and/or storage facility used by the licensee at reasonable times during the application or license period to insure compliance with the requirements of this ordinance. f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 7 SECTION VIII. ' LICENSE DENIAL; SUSPENSION; OR REVOCATION A. The Director of Public Safety may refuse to approve the issuance or renewal of a wrecker license or may suspend or revoke a wrecker license previously issued for one or more of the following reasons: 1. The making by the applicant of any false statement or omission of information as to a material matter in an application for a license or license renewal or in a hearing concerning the license. 2. Conviction of the applicant, licensee or an employee of the applicant or licensee for a violation of a provision of this ordinance. 3. Revocation pursuant to this section of a license issued to the applicant or any owner, partner or corporate officer of the applicant within three (3) years preceding the application. 4. Conviction of the applicant or licensee of a felony, assault, fraud, burglary, theft, DWI or other offense involving moral turpitude within five (5) years preceding the application. 5. Suspension of a license on three occasions within the preceding twelve (12) months, more than three (3) days on each occasion. 6. Habitual failure to respond to the scene of an accident within thirty (30) minutes notification. 7. Failure to comply with any of the requirements of this ordinance. B. No license shall be suspended or revoked without notice to the licensee and an opportunity for a hearing. A licensee who receives notice of a proposed suspension or revocation may file a written request for a hearing with the Director of Public Safety within ten (10) days from the date of the notice. The Director of Public Safety shall conduct a hearing and shall thereafter determine whether to suspend or revoke the license. C. Any person who's application for a wrecker license has been denied, suspended or revoked by the Director of Public Safety shall have the right to appeal such denied, suspension or revocation to the City Manager within ten (10) calendar days after notification of such denial, suspension or revocation. The City Manager shall review the matter and may uphold, modify or reverse the denial, suspension or revocation of the wrecker license. The decision of the City Manager shall be final. f.\filcs\muni\slake\ordinanc\wrecker.004 (02-23-94) 8 \ � � ` SECTION IX. - INSURANCE A. No license shall be issued by the City unless the wrecker operator shall procure and keep in full force and effect automobile liability insurance and garage keepers liability insurance or truck cargo insurance written by an insurance company authorized to do business in the State of Texas and acceptable to the City and issued in the standard form approved by the State Board of Insurance. Such policies of insurance shall require at least twenty (20) days written notice to the City of any cancellation or termination or of any material change in the terms of the insurance coverage. The insurance policies shall contain appropriate provisions to cover all wreckers and wrecker operators conducting business under the license. B. The automobile liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one hundred thousand dollars ($100,000.00) for any person killed or injured, five hundred thousand dollars ($500,000.00) for more than one person killed or injured in any one accident, and one hundred thousand dollars ($100,000.00) for property damage and theft coverage on all vehicles removed or impounded. The automobile liability insurance must also meet the minimum requirements under the laws of the State of Texas. C. The garage keepers liability insurance or tow truck cargo insurance, whichever is maintained, must provide limits of liability for any one loss of not less than fifty thousand dollars ($50,000.00). D. A copy of the required insurance policies shall be submitted to the City at the time of application for a wrecker license and a current copy of such policies shall be maintained with the City Secretary throughout the license period. SECTION X. VEHICLE REMOVAL A. No person may drive a wrecker to the scene of an accident on the streets of the City unless the person has been called to the scene by the Department of Public Safety or by the owner or operator of the vehicle. B. No vehicle, whether or not the vehicle is wrecked or disabled, for which the owner or operator of the vehicle has not given their consent to tow shall be removed by a wrecker company from its location in the City to another location without first notifying the Department of Public Safety of such intended removal and the destination of the vehicle. f:\filcs\muni\slake\ordinanc\wrecker.004(02-23-94) 9 ,,. C. Any police officer, in the exercise of his discretion, may direct that any vehicle shall be taken by the driver of the wrecker directly to the City pound and there held by the City for inspection or investigation to determine the cause or reason for the accident that such vehicle was involved in or such vehicle's disability or for any lawful purpose. SECTION M. REQUIREMENTS AND OPERATING PROCEDURES FOR WRECKER SERVICE The wrecker licensee and operator shall comply with the following requirements and procedures: A. Arrive at the accident within a reasonable time after having been notified to do so. Such response time shall generally not exceed thirty (30) minutes. B. Deliver the wrecked or disabled vehicle to a location designated by the owner or operator of the vehicle or by the Department of Public Safety. C. Upon arrival at the scene of an accident, promptly clear the wreckage and debris from the traveled portion of the roadway and confine it to the smallest possible portion of the traveled roadway while removal is taking place and in a manner to minimize the duration of the interference with normal traffic flow and completely remove from the site of the accident all resulting wreckage or debris, including all broken glass, but excluding truck or vehicle cargos, before leaving the site. D. To the extent feasible, comply with all traffic regulations in removing any vehicle from the scene of an accident. Under no circumstances shall any vehicle be moved or towed in such a manner as to jeopardize the safety of other vehicles on the roadway. E. Keep and maintain wrecker vehicles and towing equipment in a safe and working condition to insure that said wrecker and equipment are adequate to perform towing services. F. Depart the scene of an accident at the request of a police officer when such wrecker has not been called to the scene in compliance with this ordinance. f:\files\muni\slake\ordinanc\wrcckcr.004 '02-23-94, 10 SECTION )(II.- SOLICITATION OF WRECKER BUSINESS A. No person may solicit in any manner, directly or indirectly, on the streets of the City, the business of towing a vehicle which is wrecked or disabled regardless of whether the solicitation is for the purpose of soliciting business of towing, removing, repairing, storing, trading or purchasing the vehicle. B. Proof of the presence of a person engaged in the wrecker business, either as owner, operator, employee or agent, on a street in the City, at or near the scene of an accident, who has not been called to the scene by the Department of Public Safety or the owner or operator of the vehicle, within one hour after the happening of an accident is prima facia evidence of a solicitation in violation of this section. C. No police officer or other employee of the City shall recommend to any person, directly or indirectly, the name of any particular person engaged in wrecker business for which solicitation is prohibited, nor shall any police officer or other City employee attempt to influence in any manner a decision of a person in selecting a wrecker operator. SECTION XIII. WRECKER SERVICE AGREEMENT A. The City shall have the right to contract with a single wrecker service company who the City shall utilize for the towing of City vehicles or for the towing or impoundment of any vehicle made necessary in the exercise of the City's police and governmental functions. B. The City may call any wrecker company or use any wrecker in cases where the contractor is unable to r:spond as required by the agreement, when there exists an emergency situation or when deemed necessary by the Director of Public Safety or his authorized representative. In all cases, a report will be forwarded to the Director of Public Safety describing the circumstances involving such use. SECTION XIV. MISCELLANEOUS PROVISIONS A. Licensees shall notify the Department of Public Safety of any and all personnel changes for those persons who will operate the wrecker vehicles within ten (10) calendar days of such personnel changes and additional f:lfiles\muni\slakelordinanc\wrecker.004 '02-23-94, 11 drivers must first be approved by the Director of Public Safety prior to operating any wrecker vehicle within the City limits. B. No wrecker company shall charge more than those rates stated in the application for a wrecker license. C. The licensee shall notify the Department of Public Safety of any change in ownership of the wrecker company or any change in the number of wreckers, location of a storage facility, or any other material change in the information provided on the application for a license within ten (10) calendar days of such change. SECTION XV. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 205 is hereby repealed in its entirety. SECTION XVI. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 12 Y - Y SECTION XVII. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION XVIII. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 205 or any other ordinances affecting wrecker service and the towing of vehicles 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 XIX. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this or provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper t f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 13 one time'within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION XX. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY R' f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 14 � d - vS APPROVED AS TO FORM AND LEGALITY: �J_��d. City Attorney Date: ADOPTED: EFFECTIVE: f.\files\muni\slake\ordinanc\wreckcr.004 (02-23-94) 15 City of Southlake,Texas MEMORANDUM CITY MANAG R April 14, 1994 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: First Public Hearing for Annexation of Certain Property into the City of Southlake As you recall, on April 5, 1994, Resolution No. 94-15 was approved, calling two public hearings in regard to the annexation of 0.361 acres of land in the C.M. Throop Survey, Abstract No. 1510, Tract 7A, into the City of Southlake. The first public hearing will be held on April 19, 1994, during the meeting. The second public hearing is scheduled for May 3, 1994. At that time, a resolution will be presented, instructing the City Attorney to prepare an ordinance annexing the property into the city with an Agricultural Zoning. The Service Plan will also be presented during the May 3, meeting. If you have questions, please give me a call. rsl memo\annexafron\1st public hearing\sl 7c -f ee l EXHIBIT'A' ANNEXATION TRACT BEING a tract of land in the C.M. Throop Survey, Abstract 1510, by Deed to Thurman Head and wife, Laura Head as recorded in Volume 6910, Page 601, Deed Records, Tarrant County,Texas and being more particularly described as follows; BEGINNING at a 2 inch iron pipe on the West bank of a branch at the southeast corner of that certain 11.32 acre tract of land conveyed to Arvel N. Tate and wife, Hazel Pearl Tate,by Deed dated March 13, 1954, and recorded in Vol. 2686, Page 125, Deed Records,Tarrant County, Texas, said point being 318.3 varas West of the Southeast corner of said Throop Survey,and also being in a current north city limit line of the City of Southlake; THENCE North with the East line of said Tate Tract, 115.65 feet to a point in the Southerly line of County Road No. 3080(Dove Street); THENCE South 67 degrees,46 minutes East with said Southerly line of said road, 131.75 feet to a point on a curve to the left with a radius of 979.93 feet whose center bears North 19 degrees, 28 minutes, 08 seconds East; THENCE southeasterly along said curve in Southerly line of road, 159.8 feet to the intersection of said Southerly line of road with an old fence line, an iron rod, said point also being in an existing north city limit line of the City of Southlake; THENCE South 80 degrees, 57 minutes, 30 seconds West with said old fence, 156.0 feet to an iron rod in concrete at fence corner at the Northeast corner of that certain 30.866 acre tract of land conveyed to the Veterans' Land Board by Deed recorded in Volume 3256,Page 93, Deed 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. VouthlakUhroop.sur EXHIBIT 'B' ANNEXATION TRACT ---------- --------------- ----- o Q i � Q J O c O N N a o� z 3 7 4 � 2 Q 6 7A48 ti 126 Ac 4810 7A 7A V I 1B2A Q N J 1"=200' 7A 4 W Q4A 7A A� 4811 yyF TRACT L 8 9 1B2A1 ST o OOV 7AF is STR�,FI' 5A I. OP SURVEY A-1510 RT SURVEY A-2003 SOUT AKE CITY LIM1T 16 11 28 17 1 Ac 1A 16 10 2C 35Ac 15 r 1 Ac Z w 14 Lj Z 3 � 13 12 4PO �l 7 6 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 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. schedu1e\=nexstion\s1 t City of Southlake,Texas MEMORANDUM April 12, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-14 Rezoning and Development Plan, Lonesome Dove Estates/ Second Reading, Ordinance No. 480-114 REQUESTED ACTION: Rezoning and Development Plan approval of Lonesome Dove Estates, being 82.4 acres situated in the N. E. Thompson Survey, Abstract No. 1563, of which 31.196 acres being recorded as Lonesome Dove Estates, Phase 1, in Cabinet 'A', Slide No. 546, P.R.T.C.T. LOCATION: North of Emerald Estates, East of North Carroll Avenue, South of Burney Lane, and West of Lonesome Dove Avenue OWNER: Mary M. Arnold, Gary Cantrell, Larry D. Parker, Sharon K. Parker, Cindy Atkinson, and Randy A. Parker APPLICANT: Tom M. Matthews, Jr. d/b/a Hat Creek Development CURRENT ZONING: "AG" Agricultural (9.53 acres) and "SF-20A" Single-Family Residential (72.88 acres) REQUESTED ZONING: "R-P.U.D." Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Forty-eight (48) RESPONSES: Written responses within 200': One (1) in favor and fourteen (14) in opposition Written responses outside 200': Four (4) in favor and eighty-one (81) in opposition Note letter from Janet Murphy, Chair of the Park and Recreation Board thanking the developer for offering to donate neighborhood parkland in the northern part of the city. P & Z ACTION: February 17, 1994; Approved (6-0)to table ZA 94-14 and continue the Public (46� Hearing to the March 3, 1994 Planning and Zoning meeting. 7A- � City of Southlake,Texas March 3, 1994; Approved (4-1) Motion was made to approve ZA 94-14,.subject to the Plan Review Summary dated February 25, 1994 and noting on #6 applicants interpretation is net perimeter R.O.W. with the following modifications to the development regulations: - pg. 1, changing the gross acreage to 82.4 acres - pg. 3, changing maximum density to 1.95 du/acre - pg. 3, changing number of residential lots to 160 - pg. 3, delete next to last paragraph in the "Development Concept" section. - pg. 4, adding masonry fence at rear of lots backing to Bumey Lane and adding a wood fence with 47.5' on center masonry column western cedar, board-on-board with decorative cap and metal posts. - pg. 4, changing 7.9-acre public park to 7.976-acre park - pg. 4, deleting portion of last paragraph starting with "Immediate access... in the Development Concept section." - pg. 5, Development Regulations: 1. adding minimum lot size - on Carroll 26,500 sq.ft. 2. adding minimum lot width - on cul-de-sac lots, 85 ft. with 50% of frontage on the curve. 3. adding minimum lot depth - 135 ft. on Burney Lane and Lonesome Dove Ave. except when measured on the cul-de-sac; a minimum lot depth of 169 ft. on Carroll Ave. 4. changing minimum floor area to 2000 sq.ft. 6. adding minimum front yard setback of 45' for lots fronting Carroll Ave. 11. changing maximum residential density to 1.95 du/gross acres - pg. 6, Roadways: last paragraph change "Burney Road" to "Lonesome Dove Avenue." and that the Development Plan be in conformance with the Preliminary Plat presented tonight. COUNCIL ACTION: March 15, 1994; Approved (4-0) applicant's request to table and continue the Public Hearing until the April 5, 1994 City Council meeting. April 5, 1994; Approved(7-0), First Reading, Ordinance No. 480-114 subject to the Plan Review Summary dated 3/31/94, deleting item #3 (minimum acreage of the park) and subject to the amended development regulation dated 4/l/94. STAFF COMMENTS: The applicant has made no revisions since the first reading. Attached is the fourth Plan Review Summary dated March 31, 1994. W141 KPG/bls CAWPRMEM0\CASES\CC%-14.pud 7ft- ;. � I nnuunnnn uunnuuw ii GCL► IIIIIIIIIIII �.� nn unn R �77� ��• 1 , i .l. 1. / �,.•..�+ ;� lop 4 11��"- - 3'sm ISM I MA 0 � •:I�Ilfl • 0 ''', �,WIN— low � ■ � � � ��-!i,■ �■ �. ems. C3cc J pi n Z w W r Z u cc ¢'^, W Z r� W I�<•wm ..•. 1 � �< mi 1 com -60 o E 1 ¢N • _ �1i z�h \ 1 Fn< ~ �"i �o V mm �m �a col I ►Q•'rc L J 1 x v • a = V In ,�• fill •- • , M _ s _ • _ — .cm _ w I r. awl •� .. a g= p U Y m p w '.95� o • < s n t/ • K � — m I • ' 1 �¢ .• 1 w a irk • a N a .1 diJw � �Jm • 90 ` � r n u f ~ • w w ~ w w • �� • Z• i[ n CIS pier�i.pi �fi �' r J , = cc Q i I ° �• Q m X cc �.1� V a • t. r co m •, i c I s •, �� a< .. < G n y 4 f • N w r1 �a as cc T F- `,` w U M ` `' 1 'Y• t cc ` 8 N cc U' Oltld w N wr- C I O •^�'J •• ? c a O e i w ^ Y fir• � ; -r <6 '�� $ 2 9 N � � � 8 & .Y•i : Y I w r (+�N rq r n N^ 4 C. � �o •t � � r � .o• N � • N z City of Southlake,Texas DEVELOPMENT PLAN REVIEW SUMMARY CASE NO: ZA 94-14 REVIEW NO: FOUR DATE OF REVIEW: 03/31/94 PROJECT NAME: Development Plan for Lonesome Dove Estates, being 82.4 acres situated in the N. E. Thompson Surv_y, Abstract No. 1563, of which 31.196 acres being recorded as Lonesome Dove Estates, Phase I OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Hat Creek Development, Co. J. E. Levitt Engineers, Inc. 5501 Greenbriar Drive 726 Commerce Street, Suite 104 Dallas, Texas 75209 Southlake, Texas 76092 Phone: (214) 987-3223 Phone: (817) 481-3313 Fax: Fax: (817) 481-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 03/28/94 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. Add zoning and/or land use designations to the following properties: Dove Estates, L.U.D. = Medium Density Residential Hudson Bay Estates, "SF-lA" Ricket, "AG," L.U.D. = Low Density Residential F.L. Cates, "AG," L.U.D. = Low Density Residential Cox, "AG," L.U.D. = Low Density Residential Quail Creek Estates, "SF-IA" 2. Correct the city limit lines for Southlake and Grapevine. 3. The zoning ordinance requires that a common open space be dedicated which comprises "not less than ten percent (10%)of the total area devoted to the residential use." (Section 30.10). Previous planned unit developments have provided this based on "gross" acreage. This developer proposes netting out the perimeter R.O.W. prior to the calculation. The 7.976-acre park does not meet the gross acreage requirement. Staff does not have a problem with the interpretation proposed (i.e. 10% of residential use area only). 4. Correct the rear dimension of Lots 4 and 10, Block 2. * The following comments pertain to the submitted Development Regulations: 5. There are several direction errors on Page 2. 7�-5 i City of Southlake,Texas 6. On Page 3, modify paragraph under "Proposed Site Zoning" to conform with Ordinance No. 480- M. There are other references as well. (Please call for clarification.) 7. In the first paragraph on Page 4, correct the minimum lot size along Carroll Avenue to 26,500 square feet to agree with the Development Regulations on Page 5. 8. On the top of Page 5, delete the last sentence and add the following sentence: "Finally, any accessory use shall be permitted in accordance with Ordinance No. 480, Section 34.1 for the least restrictive single family zoning district at the time the residential P.U.D. is approved." 9. Correct the spelling of Road in the first paragraph under Roadways on Page 6 and change "Final Site Plan" to "Final Plat" in the second paragraph of this section. 10. Correct zoning district labels on Page 7 to read: "...from "AG" agricultural and "SF-20A" residential to "R-P.U.D." Residential Planned Unit Development District ..." * Although not required by ordinance, staff would appreciate placing "Case No. 94-14" in the lower right corner for ease of reference. * The applicant should be aware that any revisions made prior to City Council must be received at the City by April 11, 1994. All revised submittals should be folded 6" x 9" and include an 11" x 17" reduction. * Denotes Informational Comment cc: Gary Cantrell, 2319 Hall Johnson Rd. Suite B, Colleyville, 76034 Mary M. Arnold, 3404 Southill, Austin, 78703 M/M Larry Parker, Ms. Cindy Atkinson, Randy Parker, 2605 N. Carroll Ave, Southlake, 76092 7R•L t n `:7Ptl lift+ +' l ii '+ If+ !+'••7 1## t prg ;," II{tI1] lei•J�! ;I�l lIi'tl l 11l1Il i jt+sl t,a s A� tt � T Ifill a f �Wa 9sgill aoa o a • }`I Ulm O h<$� s .f. y� 1l 'SS ltl ft r• �1' �l,i Jl!tit!� �+I W W O t! • I� tt�u1 fill s�+ t'I �11�1!! ,HI I�l��:,+��,.�fill I�rll�+1if��_�Il1J{+��li ftw ILI to f Z MOO 8 R !q O •"" •"• 290 i3.�i� .� . .�e w w •rr to nr �r rr •�•, R�f '•�\, p _ . l li-- � I a S woo' g ' " \ d/' \Woo 06, AAMM s€ I (J� irr •+�. ..r �y •� 1. ' 'Sf s.r.t R I g ! -- 1 ' — J1it. �T�� • Or R a I Iw. 2 I M3019 p x f y •<�" � - � �=----�Rv+w w�Y"_R3NIF aaoa—_ i �w p i • `93i�If • I 1 s.r� .ra I ddd E Z M0019 i y SOL ..� I _• ---- ------ --- i .._..w4m. �wr 7t 1 ! • � 3t j,� RM`r .11vl is ^ Irn• `+ AMANNIS fRMANO1OMW CITY OF SOUTHLAKE, TEXAS-- ORDINANCE NO. 480-114 \\ .AN ORDINANCE AMENDING ORDINANCE NO. 480, AS ENDED, THE COMPREHENSIVE ZONING ORDINANCE THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF .LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING —APPROXIMATELY A 82.4 ACRES SITUATED IN THE N.E. —THOMPSON SURVEY, ABSTRACT NO. 1563, OF WHICH 31.196 ACRES BEING RECORDED AS LONESOME DOVE ESTATES, PHASE I, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL (9.53 ACRES) and "SF-20A" SINGLE FAMILY RESIDENTIAL (72.88 ACRES) TO "R-P.U.D." RESIDENTIAL PLANNED UNIT DEVELOPMENT SUBJECT TO THE SPECIFIC REQUIREMENT CONTAINED IN THIS ORDINANCE; CORRECTING T E FICIAL ZONING MAP; PRESERVING ALL JE R P RT ONS OF THE ZONING ORDINANCE; DETNI G THAT THE PUBLIC INTEREST, MORALSN WELFARE DEMAND THE ZONING CHAAN AMENDMENTS HEREIN MADE; PROVID NG T THIS ORDINANCE SHALL BE CUMULATIVEOFORDINANCES; PROVIDING A SEVERABILIT CLA PROVIDING FOR A PENALTY FOR VIOLA ONSOF; PROVIDING A SAVINGS CLAUSE; P OVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural (9.53 acres) and "SF-20A" Single-Family Residential (72.88 acres) under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians C:\0RD\Z0NING\480.114 I�` Page 1 1 using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 82.4 acre tract of land out of the N. E. Thompson Survey, Abstract No. 1563, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. C:\ORD\ZONING\480.114 �/� A Page 2 ,1 From "AG" Agricultural (9.53 acres) and "SF-20A" Single-Family Residential (72.88 acres) to "R-P.U.D." Residential Planned Unit Development pursuant to the approved Development Plan attached hereto and incorporated herein as Exhibit "B" and to the approved Development Regulations attached hereto and incorporated herein as Exhibit "C". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in 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:\ORD\ZONING\480.114 IA- 10 Page 3 I 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 91994. 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:\ORD\ZONING\480.114 — Page 4 EXHIBIT "A" BEING a part of the N. E. THOMPSON SURVEY, Abstract No. 1563, situated in the city of Southlake, Tarrant County, Texas; embracing a portion of Tract No. 2, all of Tracts No. 1 and 3 described in the deed to Shannon E. Miller recorded in Volume 1569, Page 197, in the Deed Records, Tarrant County, Texas (D.R.T.C. ,TX. ) and all of a called 10 acre tract described in a deed to C. A. Parker of record in Volume 1311, Page 125, D.R.T.C. , TX. , being more particularly described by metes and bounds as follows: Beginning at a 1" iron for the Northwest corner of said C. A. Parker tract and the Northeast corner of a tract described in a deed to the city of Southlake of record in Volume 5698, Page 304, D.R.T.C. , TX. , said point also being by deed calls, South 89 degrees 37 minutes East 30.0 feet and South 00 degrees 23 minutes West, 1,045.3 feet from the Northwest corner of said Thompson Survey; THENCE North 00 degrees 22 minutes 12 seconds East, along the east line of said 30 feet wide strip described in the deed to the city of Southlake recorded in Volume 5752, Page 48, D.R.T.C. , TX. for the said east line of North Carroll Avenue, 1, 045.36feet to a railroad spike for the Northeast corner of said City tract in the North line of said Survey and said Tract No. 2, in Burney Lane. THENCE South 89 degrees 37 minutes East, along the said North line of Survey, the said North line of Tract No. 2, in said Burney Lane, 2, 122.93 feet to a railroad spike for the Northeast corner of said Survey and Tract No. 2 . THENCE South 00 degrees 22 minutes 57 seconds West, along the East line of said Survey and the East line of said Tract No. 2, to and along the East line of said Tract No. 3, a distance of 1, 485.54 feet to the Southeast corner of said Tract No. 3 and the Northeast corner of the 0.308 acre tract described in the deed to Lonesome Dove Cemetery Association recorded in Volume 9239, Page 762, D.R.T.C. , TX. ; THENCE North 89 degrees 58 minutes 33 seconds West, along the North line of said 0. 308 acre tract and along a line in said Tract No. 3, 511.67 feet to a 2-1/2" chain link fence post for the Northwest corner on said 0. 308 acre tract; THENCE South 00 degrees 26 minutes 29' seconds East 269.99 feet, along the West line of said 0 . 308 acre tract to a 1" iron for the southerly Southeast corner of said-Tract No. 3, and the Southwest corner of 0.308 acre tract; THENCE North 89 degrees 22 minutes 19 seconds West 1, 615. 23 feet, along the South line of said Tract No. 3 and said called 10 acre Tract and along the North line of Block 1 of Emerald Estates as recorded in Volume 388-165, Page 48 of the Plat Records of Tarrant County, Tekas (P.R.T.C. , TX. ) , to a 1/2' " iron set in same at the Southeast corner of the tract described in a deed to the city of Southlake in Volume 5698, Page 304, D.R.T.C. , TX. ; THENCE North 00 degrees 24 minutes 23 seconds East 706.45 feet, along the East line of the last referenced tract said line being the East R.O.W. of N. Carroll Avenue and the West line of said called 10 acre tract to the Point of Beginning and containing 82.4 acres. C:\ORD\ZONING\480.114 Page 5 7 A �� EXHIBIT "B" ® a St � i,j+) +�i•3 tt� +•��i t+° iii s�{lsld i�� l •f}RE t'9tl�is t; •t i!t j' �l11 iti �i ttf if�l } i� fir tiY+4�;1fi A •� � tl1 `o,o. Al �p (��j a �i# ! p r i !t °!j Rlr*t.l1 ,t•p�r S p 7G Y�3��t°'t ;f� Ia!'!� iil �� t! �'�i OOH q P N 1 , t . . , i r.a*(! 1t-� t.t�t ! +j�l °!1 •' ++ a°O ys� :f�':!r!�� ii` �,•• `}i°t ti t{'fi fia+, f1t f f+i;i:/•f; O 9 fd i :°I! �ilii'i ,9f[ r,�1 i r■{f + f a MM fit,�1+ r!T. + it a a 1itilt�llHi lti D11.IIi 1tiii ...... s I xa°ssns,nOOsn arr,fon ' e am 9010 a i ----- 7t � � � -l+.r f-- •.S'?=-- "a- ?^ �{ ; FRIG99 L gau4. Nil mwT- t U R 1 I I � +. �.n �wnn Y �' ^ • A °3`6T'•`9L s px a. - - - o a R �— t m- 1 I �._ �.� �-� '4z; �� \.•►� '�\ `J j� ; �i -�t� � 1 fob �� .c 'S'�rr� � � � - t• - 4 �� g y a6 � 1'� � •.uu. ..r ,." � r''�0.k ,° - 1I - rr, S Ya..�' j ; R , w.w i 1 li t f M O O " ' - s - t ` - - `�"�•' a j p Rom• ,allt.o. i i Y /..� uYm I RYze Q C E z I1 001e • " Dole I - $ i Yy __ GX �1l RYW tl/Yl it 1TY•YIIY� lIt YO i i . EXHIBIT "C" LONESOME DOVE ESTATES DEVELOPMENT REGULATION APRIL 12, 1994 A Planned Unit Development District ("PUD") Residential Community Southlake, Texas This proposal is made by Tom M. Matthews, Jr. and Hat Creek Development Company on behalf of the current property owners described herein requesting the property be rezoned from SF-20 and Agriculture to a Planned Unit Development to be known as Lonesome Dove Estates. The 82.4 acre project will be improved as a single family residential community with a public neighborhood park. The master plan has been designed to create a neighborhood community which affords the benefits to North Carroll Avenue area of Southlake of a neighborhood park while concurrently providing transitional zoning between the surrounding zoning and uses while also alleviating the current storm water drainage problem to the south in the Emerald Estates subdivision. This presentation to the City of Southlake will document and provide information in three areas: 1. Review of the existing site with its current ownership, uses, natural features, etc. , and review of surrounding conditions such as, adjacent zoning, land uses, perimeter streets, etc. ; 2. Description of the proposed development concept for the requested PUD including land use and the integration with the surrounding uses, density, development standards and requirements, mandatory home owners association, sidewalk system and park facility; 3 . Detailed description and evaluation of on-site and off- site development improvements including paving, storm water drainage, water and sewer facilities and the benefits of the integration of each into the surrounding properties and general area. PROJECT LOCATION AND DESCRIPTION The Lonesome Dove Estates subdivision will be located on the south side of Burney Lane, bounded on the west by North Carroll Avenue, on the east by Lonesome Dove Avenue and the city of Grapevine, and on the south by the Emerald Estates subdivision. The property is square in shape with a small cut-out at the southeast corner of the property adjacent to the cemetery of the Lonesome Dove Baptist Church. The property is, for the most part, unimproved except for two (2) Case No. 94-14 Lonesome Dove Estates page 1 existing residential structures and their associated structures (garages,etc. ) . The general area of Lonesome Dove Estates is primarily improved with single family residential developments except that area abutting the Lonesome Dove property to the east, in the city of Grapevine, which has a wide variety of commercial uses. To the north of Lonesome Dove Estates is the neighborhood of Dove Estates with a minimum lot size of 10,000 square feet. To the west and northwest are the subdivisions of Quail Creek Estates, a one acre lot size development and the large lot subdivision of Harbor Oaks. Bordering Lonesome Dove Estates on the south is the one acre lot size development of Emerald Estates, and the Lonesome Dove Baptist Church. Off the southwest corner of the Lonesome Dove Estates property, and across Carroll Avenue is the Carroll Middle School and the Carroll Independent School District football stadium. The property is on a ridge with a gentle slope from the center of the property primarily towards the northwest corner and to the south. The property has a sporadic covering of mesquite trees with a more dense stand of large oak trees at the southeast corner of the property. The southern section of the property and the property now developed as Emerald Estates is very flat in character. This lack of topography has caused a problem of poor surface drainage for the existing development, a problem, which will be addressed and capitalized upon with the development of Lonesome Dove Estates. The different land uses and zoning of the surrounding properties have been taken into consideration in the creation of a master plan and preliminary plat for Lonesome Dove Estates so as to cause a suitable and appropriate transition between all of the different properties while creating an attractive and marketable residential community. OWNERSHIP The respective properties are currently owned by the following parties: Ten acres at the southeast corner of Burney Lane and Carroll Avenue is owned by Lonesome Dove Joint Venture; Nine and one half acres located immediately south of the above noted property is owned by Larry Parker, Randy Parker and Cindy Atkinson; The balance of the property, approximately 60 gross acres, is owned by Mary Miller Arnold of Austin, Texas. Case No. 94-14 Lonesome Dove Estates page 2 74-15 Approximately 2.5 acres of the property currently owned by Larry and Randy Parker and Cindy Atkinson will remain in their ownership but the property will be platted as part of the Lonesome Dove Estates subdivision. The two (2) lots created from this 2.5 acres of land will be in compliance with the Lonesome Dove Estates PUD Development Regulations as discussed further herein. The balance of the property, approximately 77.5 acres, will be developed in a single coordinated effort by Tom M. Matthews, Jr. and Hat Creek Development Company. PROPOSED SITE ZONING AND LAND USE The proposed zoning of Lonesome Dove Estates is a Planned Unit Development District ("PUD") according to Section 30 of the city of Southlake's Comprehensive Zoning Ordinance Number 480-M, dated September 19, 1989, and in further compliance with subsection 30.7, item 2b, requiring submittal of a Development Plan for the entire Planned Unit Development. Concurrently with this submittal we are applying for approval of the Development Site Plan for Phase One of Lonesome Dove Estates. Development Site Plans for future phases will be submitted for approval prior to the actual development of those phases. The proposed land use for Lonesome Dove Estates is for single family, detached residential units with a maximum density of 1.82 units per acre or approximately 150 residential lots. DEVELOPMENT CONCEPT The goal of the Lonesome Dove Estates development is to have a quality, family oriented residential community offering a peaceful environment while affording the convenience and enjoyment of a public park to its residents and neighbors. Primary access to the subdivision will be located off Carroll Avenue, directly across from and mirroring the entrance to Quail Creek Estates. This location has been made possible by combining the different property ownerships into a single development effort. The primary benefit to this location is the reduced number of ingress and egress points to and from Carroll Avenue. An additional entrance into the community will be constructed on Lonesome Dove Road in a future phase of development. Internally, the streets are curvilinear in nature with numerous cul de sacs which provides a more pleasing visual streetscape while also discouraging cars from traveling at excessive speeds. The Development Plan presented with this proposal calls for an overall configuration and lot plan to compliment the surrounding Case No. 94-14 Lonesome Dove Estates page 3 7A- 16 ' zoning and uses. Specifically, the lots backing to Lonesome Dove Road and Burney Lane are generally deeper and wider than the standard lot depth in the community. This added depth serves as an additional buffer for those lots within the community backing to these particular streets. With these larger lots, it is the intention of the plan to not cause the perimeter of the property to be developed with smaller or less expensive houses than those houses found on the interior of the subdivision as is often the case in the ultimate build-out of other residential developments. To enhance the transition and compliment the existing improvements, the Development Plan also calls for those lots along Carroll Avenue to front Carroll as do those lots to the south and on the west side of Carroll Avenue. For the most part, the property lines of those lots within Lonesome Dove Estates fronting Carroll Avenue, line up with those lots across Carroll. These lots are also a minimum of 26,650 square feet (ie. The size of these lots are larger than the currently approved R-20 zoning) . A six (6) foot masonry fence will be constructed on the perimeter of the property along Burney Lane. Additionally, along the perimeter of the property on Lonesome Dove Road, the project will have a six foot wood fence with brick columns 47.5 feet on- center, with board on board inserts of cedar wood pickets and metal posts and a decorative wood cap. On the south boundary of the property, adjacent to Emerald Estates, a 7.976 acre public neighborhood park has been planned whose improvement will be completed simultaneous with the first phase of development. To divert the flow of storm water into Emerald Estates from Lonesome Dove Estates which will alleviate some of the current drainage problems experienced by the residents of Emerald Estates, a storm water detention system will be constructed within this park. By incorporating this detention area in the park, a rigid holding area for storm water is not needed. Rather, the park will have a much wider detention area which can then be used as open, grass covered play areas except during those times immediately following prolonged and/or excessive rainfall. The park will be improved according to the guidelines set forth by the Southlake Park Plan. A fence seperating the park from the adjoining neighbors will be constructed of the same design and quality that is, as of this date, located at the rear of the property currently owned by Mr. and Mrs. Chet Longenecker, that being, wooden posts with four, 1" by 6" rails. Additionally, a protective planting material such as pyracantha will be planted along the fence line to discourage trespassing through or onto the adjoining residential properties. Access and use of the park will be open to the public. As Emerald Estates is the only residential property not separated from Lonesome Dove Estates by a public roadway, the park affords a transition from Emerald Estates into the new residential Case No. 94-14 Lonesome Dove Estates page 4 74 - 17 development while maintaining the current open area adjacent to those lots on the north side of Emerald Estates. DEVELOPMENT STANDARDS Except for the public neighborhood park, all of the property within Lonesome Dove Estates will be used for a single family detached residential development. All lots within the community will be improved with sidewalks which will then be integrated into the park. Utility distribution facilities, temporary buildings and associated facilities for construction purposes and temporary real estate sales offices shall be permitted under the requested PUD. Special exception uses as approved by the City of Southlake Board of Adjustment as authorized under Section 44 .12 of the Comprehensive Zoning Ordinance shall also be included in the PUD. Finally, any accessory use shall be permitted in accordance with Ordinance No. 480, Section 34.1 for the least restrictive single family zoning district at the time the residential P.U.D. is approved. DEVELOPMENT REGULATIONS The following development regulations shall be applicable within Lonesome Dove Estates: 1 . Minimum Lot Size - 12, 350 square feet except 26,650 square feet on Carroll Road. There shall be a maximum of fifteen percent (15%) of the minimum size lot. 2. Minimum Lot Width - Ninety-five (95) feet, except eighty-five (85) feet as measured on the curve of the building line where over fifty percent (50%) of the lot is on the curve of a cul-de-sac. 3 . Minimum Lot Depth - One hundred twenty (120) feet, except one hundred thirty-five (135) feet for those lots which back up to Burney Lane or Lonesome Dove Road except where those lots have over fifty percent (50%) of their frontage on the curve of a cul-de-sac, in which case the minimum one hundred twenty (120) foot depth shall prevail. 4. Minimum Floor Area - Two thousand one hundred (2,100) square feet. A maximum of twenty percent (20%) of the houses within the subdivision shall have a square footage of 2,100 square feet to 2,200 square feet. Additionally, no more than an additional twenty percent (20%) of the houses within the subdivision shall have a square footage of 2 ,200 square feet to 2,300 square Case No. 94-14 Lonesome Dove Estates page 5 U- 1$ feet. A total of forty percent (40%) of the houses' may, therefore, be in size below 2,300 square feet. The remaining sixty percent (60%) of the houses within the subdivision shall be a minimum, of 2,300 square feet in size. 5. Maximum Height - 2-1/2 stories or thirty-five (35) feet. 6. Minimum Front Yard - Twenty-five (25) feet, except forty-five (45) feet for lots fronting on Carroll Road. 7. Minimum Rear Yard - Twenty (20) feet. 8. Minimum Side Yard - Ten (10) feet. 9. Side Yard Adjacent to a Street - Twenty (20) feet. 10. Maximum Lot Coverage - Thirty-five percent (35%) . 11. Maximum Residential Density - 1.82 units per gross acre. Pursuant to the city of Southlake zoning ordinance for a Planned Unit Development, ten percent (10%) of the area to be used for residential uses, will be set aside and improved as a public neighborhood park. HOME OWNERS ASSOCIATION A home owners association will be established and be in place from the outset of the development whereby all homeowners will be mandatory members of the association. The responsibilities of the association will be to maintain all community owned common areas and to enforce the Lonesome Dove Estates' deed restrictions in order to maintain the quality, character and values of Lonesome Dove Estates. ENGINEERING ANALYSIS Roadways As previously discussed, the proposed Lonesome Dove Estates is bounded by three existing roadways. . The roadways include N. Carroll Avenue, Burney Road and Lonesome Dove Road. These streets are two-lane asphalt roadways. The City has recently upgraded N. Carroll Ave. The proposed roadway alignment for Lonesome Dove Estates as shown on the Development Concept Plan contained in Plate 1 is conceptual in nature and subject to modification based on the Case No. 94-14 Lonesome Dove Estates page 6 1 R-13 Final Plat presented to the City of Southlake. As currently planned, there are to be two ingress/egress locations into the subdivision; on North Carroll Avenue and one on Lonesome Dove Road. Drainage Lonesome Dove Estates is situated on a ridge in the Denton Creek (Lake Grapevine) drainage basin. The majority of the acreage flows to the south into Emerald Estates. A detention area will be a integral part of the drainage improvements. As previously proposed and reviewed by the city's consulting engineers, the storm water discharge is taken to the east of Emerald Estates by a 30" RCP and discharged into a tributary of Dove Creek through a culvert running beneath Lonesome Dove Road which further discharges into Dove Creek. All streets and drainage systems will be designed in accordance with the City of Southlake subdivision criteria. Water Distribution System Lonesome Dove Estates will be served by an existing 8" water line located in N. Carroll Ave. and Burney Road. Following discussions with city staff, it was agreed that the design of the on-site water distribution system for the entire project would include a connection to an existing 6" water line in Emerald Estates. This connection would provide an additional supply point to areas north of Lonesome Dove Estates. Sewage Collection System Sanitary sewer service will be provided by two proposed lift stations within the project. Both lift stations will pump to the existing lift station at the Carroll I.S.D. Middle School . A third pump with capacity of 150 GPM will be added to the existing Carroll I.S.D. Middle School lift station as recommended by the city's consulting engineers. In an effort to rectify the existing septic problems in Emerald Estates, with this development plan, Hat Creek Development Company is prepared to locate its most southern lift station at the south side of Emerald Estates which actual location will be determined in conjunction with city staff and the residents of Emerald Estates. (Refer to letter dated March 23 , 1994 from John E. Levitt to Robert Whitehead, Director of Public Works. ) All design efforts will be closely coordinated with the city of Southlake engineering staff, as well as the city's consulting engineers. Case No. 94-14 Lonesome Dove Estates page 7 74-zo SUMMARY The proposed community of Lonesome Dove Estates is designed and will be developed as family oriented single family residential community with ample consideration given to the surrounding zoning and uses so as to be a positive and homogeneous addition to this area of Southlake. I respectfully request the City of Southlake Planning and Zoning Commission and City Council consider and approve a change in zoning from "AG" agricultural and "SF-20A" residential to "PUD" Residential Planned Unit Development District pursuant to the criteria presented and discussed herein. Case No. 94-14 Lonesome Dove Estates page 8 7441 r City of Southlake,Texas MEMORANDUM April 12, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-115, Rezoning for 26.711 acres/ Ordinance No. 480-109 Attached is a letter from Tim Fleet, President of VLMC, Inc. requesting that ZA 93-115 be tabled until the May 17, 1994 City Council meeting. M � KPG r • TEL : 1-817-735-4142 Apr 08 ,94 12 :18 too .004 P.01 2424 ROGERS $171429.1617 FORT WORIII, TEXAS 76109 April 8, 1994 Mrs. Karen P. Gandy Zoning Xdainiptrator City of Southlake 667 North Carroll Avenue Southlake, TX 76092 VIA: Fax 488-5097 RE: Zoning Case Humbers 115 and 117 Ueftr Me. Gandy: Pleato table the above referenced zonings cases until the May 17, 1994 city omnail meeting. Sincerely, T, H F f�i t President on City of Southlake,Texas MEMORANDUM April 12, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-117, Rezoning of Approximately 1.18 Acres Ordinance No. 480-118 Attached is a letter from Tim Fleet, President of VLMC, Inc. requesting that ZA 93-117 be tabled and the public hearing continued until the May 17, 1994 City Council meeting. /`fk KPG �8- I TEL: 1-817-735-4142 Apr 08 .94 12:18 No .004 F.U . VLMC, INC, 2424 ROGERS $17/429.1617 FORT WORT14, TEXAS 76109 April S, 1994 Ms. Karen P. Gandy Zoning Ada inietrator City of Southldke 667 North Carroll Avenue Southlaker Tx 76092 VIA: Fax 4a8-5097 RE: Zoniing Case Numbers 115 and 117 De&r Ms. Gandy: Pleato table the above referenced zoning cases until the May 17, 1994 city OOUnoil m"Ung. 5incereiy, President t City of Southlake,Texas MEMORANDUM J April 11, 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, IE, and a portion of Tract lEl. LOCATION: Northwest comer of Dove Road and North Kimball Ave. OWNER/APPLICANT: Rick McPherson. CURRENT ZONING: "AG" Agricultural and "C-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 R_ I City of Southlake,Texas neighborhood commercial. Echoed Mr. Towler's reference to the intent of the "B-2" district. - * Tom Schneider, 2034 E. Dove, opposed - due to residential flavor of area; concerned about other "B-2" uses; concerned about limited success of businesses at the intersection (i.e. Food Lion); perhaps an "S-P-2" classification would be more appropriate. P & Z ACTION: April 7, 1994; Approved (4-0-1), subject to Plan Review Summary dated March 31, 1994, recommending to change requested zoning from "B-2" to "S-P-2" Generalized Site Plan District to specifically allow mini-warehouse use as indicated on Concept Plan. STAFF COMMENTS: No revisions to the first submittal have been received. Attached please find the first Plan Review Summary dated March 31, 1994. At KPG/bls C AWPF\MEMO\CASES\94-25.2&C 0 r V . 3/'0loss a t.v NOW ?"''.'■ :■ ■ ■i ids:/. �� ■ �■ Now I MIN M/i/■ maim. . . : . . - - _ : :© = rs IM IDIOM o i 1 , TR 10 I I V TH IN (� ' .5 AC I TR IX i AC �I I I .5 AC Il i 4 I "AG" TR iJ h ' TR ]R K5 .5 AC TR 1Y i AC i AC TR iJi I� R i�2 � .5 AC N Li H. George aA 1 ; 11 TR iZ M. Prinz 4 2 N 0 1 AC TR 10 "SF-1A'• 1 AC It City of Grapevine U 1 "AG" 3 TR IEE2 1. 18 AC J. Tompkins C< "SF-1A" R A i A TR 382 3 .88 AC 2 TR 2B TR 2C1 COC7^�Ty TR 3.56 AC A C 1 C TR AC .5 AC kU R .98 i 7 1 2 I �QBQ .87 A C G g�5 �N II/�-1" �� 3 TR 2C SF-lA' M. Cate } 2. 16 AC TR 2K Q' TR 381 4 1 1 .29 AC 1 .46 AC i � 3 i "SF-lA" "C-1" 1 TR 2L TR 2J 2 1 AC 1 .031 AC . I / P. Long D. Ward i I TR 2J1 TR 20 I Nguyen Dinh 2.740 @ 6.054 AC TR 2 2 .95 AC TR 2M A 1 .02 AC TR 2G TR 2H .5 AC 5 AC LZ -� p L EG ADJACENT OWNERS 2. 22 @ AND ZONING `' 2.712 @ 2 e-nd 1.452 AC AC 3.788 @ aoo —L— fR 2F3 TR 2F4A TR 2F4 2 AC 1.00 @ 2.0 AC / --ram- g c-`� City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-25 REVIEW NO: ONE DATE OF REVIEW: 03/31/94 PROJECT NAME: Concept Plan for Yates Comer Storage being 3.1 acres situated in the Francis Throop Survey Abstract No. 1511 Tracts lAA, 1E. 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 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. 1. To avoid split-zoning the tracts, a plat must be submitted in accordance with the requested rezoning configuration. 2. Provide the bearing along the east property line adjacent to North Kimball Ave. 3. Correct the proposed zoning in the "General Notes," adding "C-1.it 4. Correct the zoning of the out parcel (Yates' Comer Grocery) to "C-1." 5. Provide the property owners' names for the lot to the west and the tracts to the north. 6. Change the land use designations on the west and north to Low Density Residential and Medium Density Residential respectively. 7. Correct the zoning of the lot west of Torian Lane to "SF-1A." 8. Correct the Southlake/Grapevine city limit line along North Kimball Avenue to the centerline of the right-of-way. 9. Delineate driveway connection to East Dove Road. 10. Label future R.O.W. dedication along East Dove Road for clarity. 11. Note the existing tree coverage. gc-5 City of Southlake,Texas 12. Provide the following table showing bufferyard planting calculations: Y Canopy Accent Required Provided Trees Trees Shrubs North-365' S'-Fl$ 5'-C 11 22 29 East-320' 10'-C 10'-C 10 13 38 South-175' 10'-B None 4 5 18 East-124' 10'-B None 2 4 12 South-177' 10'-Et 10'-E 2 4 14 West-344' 10'-Fl$ 10'-C 10 14 41 t Requires 3' tall berm/hedge of shrubs over 75% of frontage. $ Six foot (6') wood fence required in addition to the required plantings. * 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. * 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 Ill 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. * The applicant should be aware that any revisions made prior to City Council must be received at the City by April 11. 1994. All revised submittals should be folded 6" x 9" and include an 11" x 17" reduction. * Denotes Informational Comment cc: Rick McPherson John Levitt Engineers Inc. BY]C3.L '30cv-si no6 � ... .�so.. s'c r �� '�A�/ 'TIYH7eD[ 'K •P 'Qg 3AOQ J J J .mow....-.m...� a xOKxoa "AV" OYI•Io.L6 lMMMOo saSVJC w 1 -oam ��a>osoaeoaaao Z g 1r ia�ooa uva aN JLJLOA>D� >0-P O I' a, � a . 3NIn3d1llf0!0AXW - ---------- 'Ana 71No / i •JO1H AIQi1StlN I AAa'am AU a i; i 9a'1H AMIOStlN I 6a •iA¢5N0� , / i f � . 1 'MW'NVW i ' " ' 901H A7 mvw ' d 'Ana-JNM ''S" 33T1 a3xIN-Uifl / TI 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 };}:..}}........:....:..>:............:..:..................:...}..}. }.... '>............}:.:.; .:....}}......::::.::.::;:::{.}:.}:}•:<:: A.11111, 11 :.}:•}:{{.}}}.:::::.. •h•:; •hr r{{•}'OM'v::'�'•:" f:}6::••.};/y.•v::�::}}istiiiii}}{n:n;;.;:n;'rn.:'{iit:jn•:.}'rA{tij;}}}}}}:}}::i•}i{;i::4 • ::tiY ••'• w.:..:f.•}:^:^:4:4:•}:.....::ii::::::i;:;{y:i:{i}{;::•}:::.}}}w.};::::;:::::.y,::.}:•}:•}}:�. ::::. ii%•}:•}v}•. :.}}:..}}}}:::} �}}'a•r}ir%•{i}:}:•:.i•tii{y'r.:vrfi{:�...:......::..:�.•:�.•r�.:..F..{i ':..•::��::i:' .v •:.�:^'•�• - rti::?: molow SUBJECT TO THE SPECIFIC REQJIREMENTS 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 Zonuig ................................. 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 fc-g 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: CAORDMNING\480.116 Page 2 Q ::::::::::ir::i::%::::::"`•::i::::i::i::::'>'::::::::::::::::::::::::%::t:::i::i.`+ :a>:::i'::::i?i:::i::::::i''i:`'•',,:::•'.:::;'.::3•:3::3:`?:::•`:::::::':::i:::::2.::;::.:t>::::::$::::i::::::::::r::i::`-.. .... XAA :...............................:....... ....................................... 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 �e3 �C-10 1 Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY CAORMZONINGW80.116 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CAORMZONING\480.116 Page 5 YC-�� 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-wiay line of Dove Road to the Point of Beginning; THENCE Nortth 64 degrees 06 minutes West 200.52 feet along the north right-of-way line of Dove Road to a. point in the east line of Torian Lane (unrecorded plat) ; THENCE North 343 .95 feet along the east line of said Torian Lane to a point for a corner; THENCE. East 365 .00 feet to a point in the west right-of-way of. North Kimball Avenue; THENCE South 379 .84 feet along the west right-of-way of N. Kimball Avenue to a point; - THENCE South 66 degrees 33 minutes 30 seconds East 174 .88 feet to a point; THENCE South 11 degrees 30 minutes 15 seconds West 123 . 55 feet to the Point of Beginning and containing 3 . 1 acres . C:\ORD\ZONING\480.116 Page 6 9C A EXHIBIT "B" AG LLLL-NI%EY IK[ .40 Op i yy A / .✓ C@C M. i 1 cow I � = 411 cowl wly. / 5 ZL / onn cowl WY. CITY OF SOUTIiNCE _ ITY GF GRAPEVINE ---------- --------- KKIr6ALLAVE. ---------- , I i co y _ 1 6 YATSa Oommlic t 91'ORA6L^ . � �OItNS'� =r� N.R- R o aova ita. ec rr. iauawu. wvz:. aC)trr" 4xw• TEXAS - City of Southlake,Texas MEMORANDUM April 15, 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. STAFF COMMENTS: A one-lot plat showing has also been submitted on the property. After the re wired right-of-way dedication on North Kimball, the lot will contain 0.98 acre 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. KPG/bls C A W PF\MEMO\CASES\9446.Z P T1 _ �1'1,11 �1111�� ,©ilAIR Kil LA . . e mom:; IN KA ©►, . - 41 %rIt"�� IL-Lll L vIgQ TRAIL LAKE OR. 6 9QA�a TR ILi TR iFF 48 AC 1 0 II TR IC1A . 5 AC i 2 3 4 5 6 IL . 42 ACC 25 24 23 22 21 20 5 8- TR iBB TR IF SWEET BRIAR \� .97 AC •849 @ I 1 2 3 4 5 6 2 4 TR 1EE1 W TR IV TR iH 7 .5 AC cn — — — — — — Y i TR iVi TR IG1 W — — — — 1 46 AC 39 AC G` TR 1P I AG" �{ TR 2A v . 45 AC I L. Strait 1 3 I TR IW 7 AC I .5 AC TR 1M 6 TR iPi I 5 AC .45 AC "AG" I W• Geiger -1(0- TR 101 2 R. D. Henry 1 ;J 5 1 1 TR iXi TR 10 I I B. Bone N I' S. Sandel ) "AG 1 TR IX i I S. Wheeler 4 "AG" J. Thompson G• Burris . City Of Grapevine 2 TR IJ Q� TR 1R "AG" .5 AC 0 1 AC TR IY CRE1 AC "AG" �I igz TR Iii NJ N3 S. Davidso �J Q 6,4 ag 2 1 �, T R I Z 0 0 1 AC TR ID w I AC ¢ C) 1 � Z TR IEE2 1. 18 AC ) Q� O TR IAA TR IE f' i AC i AC TR 3B2 3 q 88 AC L'0 2 TR 2C 1 0�T' TR 383 C ,: .5 AC ADJACENT OWNERS .56 AC I AND ZONING 1 2 �N� 87 AC c TR 2C �D. 31 3 f ..(13 2. 18 AC i 00 YYY 7 G hh'�Opf~ i 6 jF QF o 0 �N N �FA o N � u O ti O ti � N C gD-� 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 OEW"I.Q. ............................... .......... ............ ........ ...... .................... ................... ....... ......... .. .. . ............... .......... .... ..................................... ... ......... . .............................. E—SPECIFIC .....REQUIREMENTS--' - --,-.... - CONTAINED--..........-J 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 FICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DA . WHEREAS, the City of Southl e, lexas 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 Wwg~ 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 CAORDMNING\480.117 Page 1 YD--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 propo,,�Pd 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, e City of Southlake Texas has determined that there WHEREAS, the City Council of the ty , 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: ...................:.:::::••: •::::::::::::::::::::::.�:::::::.:..::::::::•::.�:::::::::::::::..:::::::::•ii'::n:• v-iii}i:vii:F:^iY•••••:4:^i};}i}}iTi"r'}iii:•iv:4::•i:•iiiiii"n".iii::^iiiiiiif. ...................................... CAORMZONING\480.117 Rage 2 g n !^ :I�.A;i,.il;R?11•..l"X :::t'.7i ':l::i.`i�F��'�tFtil.:: M:i. �Tl ::::i:�lkl .:::�?•..y}. ..s...::::: .E�v.'.F71t �..., ............ : ..•yy:yy::::` 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 d 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 I CAORMZONINGW80.117 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: CAORMZONING\480.117 Page 4 EXHIBIT "A" BEGINNING at a W cut in the west right-of-way Ine of KimbaN Avenue said point being 128911 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 Kimball Avenue THENCE North along said West RO-W. fine of Kimball Avenue 240.0 feet to the Place of Beginning and containing 1.006 acres of land, more or lesa CHORD\ZONING\480.117 Page 5 D-9 ' t City of Southlake,Texas MEMORANDUM April 11, 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. YE -1 ` City of Southlake,Texas STAFF COMMENTS: No revisions to the first submittal have been received. Attached please find the first Plan Review Summary dated March 31, 1994. A-- KPG/bls C:WPF\MEMO\CASES\94-22.SUP 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 HIGHLAN STREET W LL LL O O W N Q O S�L, < W O '7 C) • //Q SOUTHLAKE BLVD FM 1709 SPUR 382 0 Q J m c Q x U ti 9� CONTINENTAL B VD FAR > cR�fK a ` °° DALLAS/FT. WORTH JOHN McCA1N ROAD REGIONAL AIRPORT j GRAPEVINE _ c V. u, C?• n. COLL VILLE ' TRACT LOCATION MAP SF•q 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 Beverages, 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 "C-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' -Flt 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 Q c:\wpf\rev\94-22.sup uj-14-44 Ui.6 1 Liu IV 101 (400jun ruuUuuL OM1 A 1 3! 0 P: (mv z glill a I i 01 W logo 1-tj RESOLUTION NO. 94-17 ,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,GRANTING A SPECIFIC USE PERMIT »»::;:::»::>::»»:::>::»: .:.. :.�. ka:::•'•i�•;"F•.:�f:' ia �01�k �� k3 � ri:"::: i 13 € AND COMPLETELY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit �� :�1�:.>:>�:<:.. :.� ::�r::r:�:: : : tiQ�::�:�m ':>a:: � ..•' '�e' •�::;::m1e€est::m:» :::•rfl .��..>::�e��;«�: ::::::::::::::........................................................................................................................................................................................:.....::..:......:..:..:.:....:............... ...................... and, ...................... 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 .............................................................................................................. A Specific Use Permit is hereby ranted for ire€ a] � �d:;dr� <13��c:�nd:�� b:. P Y g ......::.;;:.;:.;::.;;;;:.::.;:.;:.;:.;;:.;:.;:.;:.:.;......::.::.::.::.:::::. ............................... .......... Ih :::: k€5 :::: :1 1 3 M on the traveling carts on :::::::::::.._.... ::::::::::::::.::::::::::::::::::::::::::.:::::..::::: g .................................................................................................................................................................................. ................................................................................................................................................................................... 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. 8E-1 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 CAW RRES-0RM94-17.SUP IE-4 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 Surrey, 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, Tarrant 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 21"13'24", 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 55*54*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 03"19'50" West, 495.75 feet; CAWPF%RS3-0RD\94-17.SUP YE-9 Resolution No. 94-17 Page 4 EXHIBIT "A" North 35004'16" West, 289.18 feet; North 780 22'10" West, 80.12 feet; North 29*07*55" West, 315.24 feet; North 04000'07" East, 261.06 feet; North 29010'34" West, 104.75 feet; North 630 03'21 0 West, 99.41 feet; South 61`00'31" West, 56.21 feet; South 19'48'56" West, 471.99 feet; South 31039'59" West, 392.24 feet; South 04"13'09" West, 637.16 feet; South 59038*53" East, 686.02 feet; South 22`53'410 East, 168.99 feet; South 32°55'21" East, 209.20 feet; South 53011'42" East, 229.49 feet; North 58032'120 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 59057'04" East, 370.25 feet; North 76'55'14" East, 260.90 feet; South 480 12'52" East, 597.34 feet; South 84039'27" East, 83.35 feet; South 42035'05" East, 442.83 feet; South 760 21'29" East, 138.27 feet; South 01'5857" East, 120.25 feet; North 68'13'37" East, 731.41 feet; North 010 27'56" East, 466.12 feet; North 86'3246" West, 232.44 feet; South 48037'47" West, 330.66 feet; South 40'09'46" West, 396.30 feet; South 62028'29" West, 73.86 feet; North 42'35'05" West, 284.69 feet; North 40028'10" East, 511.56 feet; North 49052'15" East, 312.76 feet; North 61°16'46" West, 439.11 feet; North 02"03'18* East, 55.84 feet; South 63042'39" East, 322.25 feet; North 54°08'18* East, 74.34 feet; North 26011'23* West, 144.49 feet; North 53*34'09" East, 32.15 feet; South 62°20'48" East, 138.63 feet; North 01011'12" 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 25030'24" West; CAWPMRSS-0RD194-17.SUP Resolution No. 94-17 Page 5 EXHIBIT "A" THENCE in a northewestefly direction alongsaid 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 50*44'35" East, 126.97 feet; South 88057'21" East, 91.01 feet; South 21026'54" East, 39.06 feet; South 61'18'19* East, 245.87 feet; South 54`42'32" East, 374.24 feet; South 29006'04" East, 266.05 feet; South 450 17'19" East, 263.41 feet; North 61036'46" East, 58.15 feet; North 07001'48" 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 76037'03" East; THENCE in a southeasterly direction along said curve to the left having a central angle of 25'49'06", 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 130 18'53" West; THENCE in a southwesterly direction along said curve to the right having a central angle of 56057'50", a radius of 275.00 feet and an arc length of 273.41 feet; THENCE South 41047'48" West, 196.08 feet to the beginning of a nontangent curve to the left whose chord bears South 19°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 15048'04' 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 87028'51' 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; CAWPFUM-ORM94-17.SUP �F-11 Resolution No. 94-17 Page 6 EXHIBIT "A" THENCE as follows: South 56054'00" East, 180.31 feet; South 00°55'54" West, 495.84 feet; South 07000'10" West, 367.20 feet; South 41'12'59" West, 241.69 feet; South 120 59'52" West, 250.69 feet; South 66'44'23" West, 510.62 feet; South 06"16'49" West, 89.19 feet; South 45058'22" 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 02058'30" 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 12'20'25" East, 50.20 feet; South 59005'17" West, 70.56 feet; South 01'33'32" East, 34.87 feet; North 69'00'30" East, 95.00 feet; South 06°05'53" 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 52°48'55" West, 182.00 feet; North 61°20'43" West, 230.83 feet; North 57049'26' 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 29"30'00" West, 91.00 feet; South 560 15'00" West, 50.00 feet; South 82000'00" West, 50.00 feet; North 66°00'00" 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 46044'46" West, 456.34 feet; South 81°54'33" West, 64.30 feet; North 76055'20" West, 259.30 feet; CAW RRES-0RM94-17.SUP �E-I� Resolution No. 94-17 Page 7 EXHIBIT "A" South 67°57'33" West, 120.50 feet; South 50°28'03' West, 235.20 feet; South 61`26'33" West, 95.20 feet; North 63042'27" West, 92.10 feet; North 11*58'27" West, 228.10 feet; North 69'47'27' West, 35.00 feet; North 32028'38" East, 344.80 feet; North 52'14'01' East, 143.49 feet; North 44021'23" West, 220.00 feet; North 37'45'59" West, 600.87 feet; North 64'19'23" West, 346.18 feet; North 16"00'49' West, 612.84 feet; North 00004'18' East, 376.09 feet; North 29°20'58" East, 315.00 feet; North 46'10'58" East, 170.00 feet; North 22010'58' East, 290.00 feet; North 31'52'15" West, 144.31 feet; THENCE North 67048'16" 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:\WPF%pM-ORD\%-17.SUP ?E.-13 —•--• City of Southlake,Texas MEMORANDUM April 15, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Community Representatives -- Peer Mediation Program Initial implementation of Students Promoting Alternative Resolution to Conflict (SPARC) is underway, with the consultant working closely with each school to promote the peer mediation concept and answer questions about activating the program in Carroll Independent School District. The next step in the process is basic training, in which adult volunteers will be trained in conflict resolution theory, the mediation process, and logistics of the program. You will remember that the City's joint agreement with Carroll Independent School District had a provision for the City to appoint one community representative to each campus team. To that end, the task force working on the program has identified several community leaders and staff is currently working to determine their interest in the program. A list of persons interested in the program will be presented to the City Council at the April 19, 1994 City Council meeting. If schedules permit, these appointees should attend basic training in Dallas on Wednesday, April 27, 1994. However, other training dates are available. Please place this item on the agenda for consideration. SR 9a-� • City of Southlake,Texas RESOLUTION NO. 94-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING COMMUNITY REPRESENTATIVES TO CAMPUS TEAMS FOR STUDENTS PROMOTING ALTERNATIVE RESOLUTION TO CONFLICT (SPARC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council entered into a joint agreement with the Carroll Independent School District to provide for a peer mediation program called Students Promoting Alternative Resolution to Conflict (SPARC) within the City; and, WHEREAS, the next step in the peer mediation process is basic training, in which adult volunteers will be trained in conflict resolution theory, the mediation process, and logistics of the program; and, WHEREAS, the City Council is to appoint one community representative to each campus team, from a list of persons interested in the program; now, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. The following are hereby appointed as community representatives to campus teams for the Students Promoting Alternative Resolution to Conflict (SPARC) program: 1. 2. 3. 4. 5. 6. Section 3. This Resolutive is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 19TH DAY OF APRIL, 1994. Resolution No. 94-18 a -- 2� page two CITY OF SOUTHAKE, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary City of Southlake,Texas ' MEMORANVVM March 31, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Mid Year Review 1992-93 Audit Overview The independent audit for the fiscal year ending September 30, 1993 has been completed and delivered by the City's independent auditor, Weaver and Tidwell. The audit report is comprised of three major sections: Introductory, beginning on page 1; Financial, page 17; and Statistical, page 93. The Introductory Section includes the transmittal letter, a narrative of notable financial and other information for the year. The Independent Auditor's Report on page 17 reflects an unqualified opinion on the financial statements. This means that the financial statements present fairly, in all material respects, the financial position of the City. Pages 20 through 50 contain the Combined Financial Statements and Notes thereto. The Combined Balance Sheet, page 20 through 23, includes all fund types and account groups. The Combined Statement of Revenues, Expenditures and Changes in Fund Balances beginning on page 24 represents only the Governmental Fund Types: the General, Special Revenue, Debt Service and Capital Project Funds. The Statement of Revenues, Expenses and Changes in Retained Earnings-Proprietary Fund Types, page 28, reflects the results of operation of the City's Utility Fund. 1 GENERAL FUND Beginning on page 51 are the Individual Fund and Account Group Financial Statements and Schedules. The first fund presented is the General Fund. The General Fund accounts for most of the operations of the City. Included for financial statement purposes within the General Fund is financial activity relating to recycling proceeds. Revenues The actual revenues within the General Fund are$4,678,980, which exceeds the amount budgeted by $57,820. The majority of the excess ($39,427) is from building permit revenue. Actual permit/fee revenue is $1,251,287, an increase of 58% over last year. Revenues from permits/fees make up 26.7% of total revenues. The Taxes category includes property, sales and franchise taxes. Actual sales tax collected for the year was $636,737, compared with $510,036 last year. Property taxes received totaled $2,144,651, compared with $1,964,449 last year. Property taxes total over 45% of the total revenues received in the General Fund. Expenditures Total expenditures for the year total $4,453,773, which is under the budgeted amount by $137,897. In the General Government Department, which includes the City Manager's Office, City Secretary's Office and Support Services, expenditures totaling $797,743 were under budget by $21,303. Personnel services were under budget by $13,131, primarily due to the interim period that the Assistant to the City Manager position was not filled. Maintenance and Operations costs were under budget by $4,857. Capital costs were under budget by $3,315. In the Finance Department, which includes Finance and Municipal Court, total expenditures of $350,630 were under budget by $15,465. Personnel costs were under budget by $876. Maintenance and Operations costs were $14,388 under budget, primarily due to funds not expended that were budgeted for the Teen Court program. Capital costs were within $201 of budgeted amounts. 2 //a-z Public Safety includes Police and Fire Services and Public Safety Support. Total expenditures for ' the year were $1,819,443, which is $33,296 less than the budgeted amounts. Personnel costs were $29,986 less than budget figures due to position vacancies during the year. Maintenance and operations costs were under budget by $11,332. Capital costs exceeded budget by $8,022. The Public Works Department includes Building Inspection, Public Works Administration, Parks and Recreation and Streets. Total expenditures for the year were $1,251,787, which is $75,812 less than the budgeted amount. Personnel costs were under budget$38,303, the majority of which is due to workers compensation premiums in the Street Division being under budget by $13,807. Operations costs exceeded budget by $32,599, the result of higher than anticipated engineering costs, soils testing, heavy equipment leasing, and materials for street repairs. Capital costs were under budget by$81,516, primarily due to Continental Blvd. not being completed during the fiscal year. The audit reflects on pages 22 and 52 a 'Reserved for Encumbrances' amount totaling $99,561, which is the amount reserved to complete the Continental Blvd. reconstruction. Community Development expenditures totaled $234,170 for the year and exceeded budget by $7,979. Personnel services exceeded budget by $2,887. Operations costs exceeded budget by $5,057, primarily due to engineering costs. Capital outlay exceeded budget by $35. Fund Balance During the 1993-94 budget preparation, it was estimated that the ending Fund Balance for the Fiscal Year 1992-93 would be $1,325,384. The actual ending unencumbered balance is $1,405,310, or an increase of $79,926 over the estimate. The net increase over the previous year's balance of$1,125,708 is $279,602. This represents 24% of the 1993-94 adopted General Fund budget. UTILITY FUND Results of operations within the Utility Fund were very positive. The primary criteria of the operation of the Fund is the revenue bond coverage. This is defined as the net revenue 3 /la -3 available to pay for th6 year's debt service requirements on revenue bonds. Operating expenses (excluding depreciation) are deducted from gross revenues to determine the net revenues available. Usually revenue bond covenants will require that these net revenues must be at least 1.5 times the annual debt service. On pages 112-113 in the Statistical Section, there is a schedule of ten years data on revenue bond coverage. Fiscal year 1992-93 resulted in a coverage of 2.39 times the debt service requirements. Gross revenues totaled$3,753,353, an increase of$1,264,200 over the previous year. Operating expenses excluding depreciation increased $834,041 to $2,197,052. Net income was $620,401 for the year compared to $454,275 last year. The Utility Fund posted a prior period adjustment, which was made to reverse prior years' recording of cash, reserve and capacity rights in projects contracted with the Trinity River Authority (TRA). The contracts with TRA are hybrid arrangements, and the equity interest in earnings and contributed capital should not be reported, since the City's agreement with them does not specifically address equity in interest earnings or contributions. The retained earnings and contributed capital have been adjusted $552,359 and $455,015, respectively, for the City's equity in interest earnings on bond proceeds and capital contributions recorded in prior years. CAPITAL PROJECTS FUND The City expended $564,656 for capital projects during the year. The completion of the FM1709 water line relocation was made with expenditures of $256,042. Engineering for street improvements was made totaling $159,776. Road improvements to N. Carroll Avenue from Dove to Burney were made totaling $148,838. CONCLUSION The audited financial statements confirm the planning that the City has put in place. The Fund Balance policy the City adopted is maintained. The budget reflects a conservative fiscal approach to budgeting and revenue estimates. 4 (awl, 1993-94 GENERAL FUND-OVERVIEW Revenues General Fund revenues as of February 28, 1994 total $2,328,132, which is 68.7% of the total budgeted. Total revenues are $446,350 greater than last year, primarily due to an increase in permit/fee revenue from last year, $202,581. Sales tax receipts are $132,082 greater than last year for the same period. Property Tax, Sales Tax, Franchise Fees Ad Valorem Taxes received to date total $1,906,062, which is 86.5% of budget. Most collections are received in December and January. Sales Tax collections are running ahead of last year, with $326,717 received through February, representing four month's sales. Total franchise fees collected to date are $308,945. Licenses, Permits, and Fees Budgeted revenues for permits/fees are $1,088,000. To date the City has collected $629,624, which is 57.9% of the total and $202,581 more than was collected for the same period last year. Last year's total collections were $1,251,287. There were 226 permits issued through the end of February 1994 compared with 164 for the same period last year. If the City continues issuing permits at the same rate, it is anticipated that a total of 650 permits will be issued during the fiscal year, generating an additional $340,000 in permit fees. Other Revenues Total fines collected are $89,887, which is ahead of last year's $76,104 for the same time period. Charges for services total $19,140, slightly ahead of last year's $11,106. Miscellaneous income totals $11,689, compared to last year's $7,622. Interest income for the year is $36,058, which is 72.1% of budget, and ahead of last year's $23,786 for the same period. 5 //a -S 1993-94 OVERVIEW-OTHER FUNDS Utility Fund. Total Revenues in the Utility Fund are $1,336,312 through February 28, 1994 compared to $1,085,435 last year, an increase of$250,877. The number of accounts increased by 479, from 3,115 to 3,592, representing a 15.3% increase in accounts. Expenses for the year in the fund are$934,670 compared to $915,778 last year. The largest expenses budgeted are the utility payments to the City of Fort Worth for treated water, and debt and maintenance payments to the Trinity River Authority for wastewater contracts. Impact Fees. At February 28, the City has$435,674 in water impact fees and $679,556 in sewer impact fees. The City in FY1992-93 expended$17,835 of water impact fees to update the impact fee ordinance according to State law. The FY1993-94 budget includes $152,000 for debt service on the $1.3 million 1992 obligation issued for water line improvements. In FY1992-93, the City expended $201,539 sewer impact fees in the engineering and beginning ,,,,► of construction of the S-2 sewer line. Developer contributions totaling $215,175 were received during FY1992-93 for participation in this line. Total cost estimated for FY1993-94 for completion of the S-2 line is $203,000. LAH 6 1/Q --�O CITY OF SOUTHLAKE GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended February 28, 1994 with Comparative Actual amounts for the period ended February 28, 1993 To Date Percent To Date Actual Percent 1993-94 Actual Collected/ Actual Total Collected/ REVENUES ud t / 4 EVended 2/28/93 9/30/93 Expended Ad Valorem Taxes $2,204,198 $1,906,062 86.5% $1,916,614 $2,144,650 89.4% Sales Tax 701,500 326,727 46.6% 194,645 636,737 30.6% Franchise Fees 336,400 308,945 91.8% 224,862 305,909 73.5% Fines 231,440 89,887 38.8% 76,104 182,271 41.8% Charges for Services 57,250 19,140 33.4% 11,106 59,086 18.8% Permits/Fees 1,088,000 629,624 57.9% 427,043 1,251,287 34.1% Miscellaneous 17,940 11,689 65.2% 7,622 44,846 17.0% Transfer In-Other Funds 159,446 0 0.0% 0 159,446 0.0% Interest Income 50,000 36,058 72.1% 23,786 54,194 4 /o Total Revenues $4,846,174 $3,328,132 68.7% $2,881,782 $4,838,426 59.6% EXPENDITURES City Secretary $200,879 $72,144 35.9% $54,614 $143,026 38.2% City Manager 178,078 69,466 39.0% 54,207 152,073 35.6% Support Services 602,109 290,239 48.2% 191,395 502,644 38.1% Finance 261,838 112,472 43.0% 94,561 205,844 45.9% Municipal Court 168,605 52,952 31.4% 46,398 144,786 32.0% Fire 720,144 223,984 31.1% 183,261 566,832 32.3% Police 1,024,789 350,569 34.2% 307,034 895,343 34.3% Public Safety Support 439,410 152,035 34.6% 137,610 357,268 38.5% Building 258,492 79,809 30.9% 66,529 154,005 43.2% Community Development 273,625 93,362 34.1% 86,025 234,170 36.7% Streets/Drainage 1,417,086 205,815 14.5% 209,881 857,494 24.5% Parks 196,307 65,635 33.4% 21,619 138,224 15.6% Public Works Administration 121,405 56,693 46.7% 23,625 102,064 23.1% Total Expenditures $5,862,767 $1,825,175 31.1% $1,476,759 $4,453,773 33.2% Excess(deficiency)of Revenue over Expenditures ($1,016,593)$1,502,957 $1,405,023 $384,653 OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $565,000 $720,827 U01 $0 Excess(deficiency)of Revenues and other sources over Expenditures ( 4 1. 931$2 223.784 $1.405.023 $384.653 FUND BALANCE OCT 1 $1,405,310 $1,405,310 $1,125,708 $1,125,708 Net-Reserved for encumbrances 0 0 105,051 105,051 ENDING FUND BALANCE $953.717 $3.629.094 $2.425.680 $1,405.310 //a.-7 CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ending February 28, 1994 and February 28, 1993 To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ REVENUES Budget 2/28/94 eeQmdg�d 2/28193 9/30/93 expended Water Sales-residential $2,018,500 $738,421 36.6% $608,270 $2,294,377 26.5% Water Sales-commercial 418,000 154,829 37.0% 138,811 438,097 31.7% Sewer Sales 270,454 126,329 46.7% 78,143 237,213 32.9% Sanitation Sales 320,000 136,616 42.7% 118,392 296,252 40.0% Other utility charges 197,078 129,885 65.9% 111,108 564,251 19.7% Miscellaneous 17,500 25,794 147.4% 20,853 75,380 27.7% Interest Income 24,000 24,438 101.8% 9.858 30.118 32.7% Total Revenues $3,265,532 $1,336,312 40.9% $1,085,435 $3,935,688 27.6% EXPENSES Water $1,850,369 $379,393 20.5% $415,793 $1,879,712 22.1% Sewer 887,178 318,996 36.0% 396,744 428,582 92.6% Sanitation 288,000 97,374 33.8% 83,311 263,050 31.7% Debt Service- Revenue Bonds 81,895 20,475 25.0% 19,930 79,719 25.0% Other-Line Oversizing 25,000 8,265 33.1% 0 24,072 0.0% Transfers-other funds 269,613 110,167 40.9% 4 267,295 0 Total Expenses $3,402,055 $934,670 27.5% $915,778 $2,942,430 31.1% Net Income/(Loss) j$136 5231 $401.642 $169-657 $993,258 r EXIIBIT "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). t SOLID ,STE 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 as service adjacent to the annexed area. g J 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/Southwestern 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 (FEMA) 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. FIRE 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: C AAt�: Cu is awk City Manager �b a Cd oc W DEo y `•. :?: ••'•"• '•'• o O NO o O N O O 00 •-- M O\ .-. .-. UH ww N 't d N M w Cd tc O W � O U > » Cw bo �' V2 ybo tc b bc as o6 CITY OF SOUTHLAKE GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance (aw, for the period ended March 31, 1994 with Comparative Actual amounts for the period ended March 31, 1993 To Date Percent To Date Actual Percent 1993-94 Actual Collected/ Actual Total Collected/ REVENUES Budget /3 31/94 Expended 3/31/93 9/30/93 Expended Ad Valorem Taxes $2,204,198 $1,940,743 88.0% $1,968,595 $2,144,650 91.8% Sales Tax 701,500 384,566 54.8% 233,995 636,737 36.7% Franchise Fees 336,400 308,945 91.8% 224,862 305,909 73.5% Fines 231,440 112,168 48.5% 93,109 182,271 51.1% Charges for Services 57,250 21,437 37.4% 19,631 59,086 33.2% Permits/Fees 1,088,000 758,784 69.7% 538,539 1,251,287 43.0% Miscellaneous 17,940 13,123 73.1% 9,923 44,846 22.1% Transfer In-Other Funds 159,446 0 0.0% 0 159,446 0.0% Interest Income 50,000 46,901 93.8% 30,733 54,194 56.7% Total Revenues $4,846,174 $3,586,667 74.0% $3,119,387 $4,838,426 64.5% EXPENDITURES City Secretary $200,879 $90,064 44.8% $67,573 $143,026 47.2% City Manager 178,078 91,525 51.4% 71,444 152,073 47.0% Support Services 602,109 344,030 57.1% 209,355 502,644 41.7% Finance 261,838 142,192 54.3% 119,881 205,844 58.2% Municipal Court 168,605 72,759 43.2% 60,808 144,786 42.0% Fire 720,144 298,530 41.5% 244,861 566,832 43.2% Police 1,024,789 452,056 44.1% 437,805 895,343 48.9% Public Safety Support 439,410 197,679 45.0% 178,238 357,268 49.9% Building 258,492 107,178 41.5% 81,385 154,005 52.8% Community Development 273,625 114,867 42.0% 111,954 234,170 47.8% Streets/Drainage 1,417,086 418,668 29.5% 258,513 857,494 30.1% Parks 196,307 83,729 42.7% 34,926 138,224 25.3% . Public Works Administration 121 405 70,189 57. % 26,700 102,064 26.2% Total Expenditures $5,862,767 $2,483,466 42.4% $1,903,443 $4,453,773 42.7% Excess(deficiency)of Revenue over Expenditures ($1,016,593)$1,103,201 $1,215,944 $384,653 OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $565,000 $720,827 SQ kol Excess(deficiency)of Revenues and other sources over Expenditures ( 4 1 231%1.824.028 $1215.944 84 65 FUND BALANCE OCT 1 $1,405,310 $1,405,310 $1,125,708 $1,125,708 Net-Reserved for encumbrances 0 0 105,051 105,051 Q, ENDING FUND BALANCE , 9 3 717 %3 22.9.3_8 $2236.601 $1.405310 CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended March 31, 1994 and March 31, 1993 To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ REVENUES Budget /33 1/94 expended 3/31/93 9/30/93 expended Water Sales-residential $2,018,500 $888,702 44.0% $719,639 $2,294,377 31.4% Water Sales-commercial 418,000 187,564 44.9% 161,251 438,097 36.8% Sewer Sales 270,454 155,330 57.4% 94,171 237,213 39.7% Sanitation Sales 320,000 165,126 51.6% 142,871 296,252 48.2% Other utility charges 197,078 157,873 80.1% 129,755 564,251 23.0% Miscellaneous 17,500 30,926 176.7% 20,970 75,380 27.8% Interest Income 24,000 30.318 126.3% 12,768 30.118 42.4% Total Revenues $3,265,532 $1,615,839 49.5% $1,281,425 $3,935,688 32.6% EXPENSES Water $1,850,369 $592,346 32.0% $508,679 $1,879,112 27.1% Sewer 887,178 342,946 38.7% 343,763 428,582 80.2% Sanitation 288,000 123,127 42.8% 104,748 263,050 39.8% Debt Service- Revenue Bonds 81,895 20,475 25.0% 19,930 79,719 25.0% Other Line Oversizing 25,000 8,265 33.1% 3,072 24,072 0.0% Transfers-other funds 269,613 110.167 40. % 0 267,295 0 ON Total Expenses $3,402,055 $1,197,326 35.2% $980,192 $2,942,430 33.3% Net Income/(Loss) ($136_52Z $418.513 %301.233 S993.258 CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT MARCH 1994 THIS MONTH THIS MONTH LAST MONTH LAST YEAR 3/31/94 2/28/94 3/31/93 ACCOUNTS BILLED: WATER $182,176.03 $167,248.28 $134,815.13 SEWER 28,239.10 26,054.60 16,028.20 GARBAGE 28,349.79 28,135.49 24,187.97 SALES TAX 2,044.76 2,028.70 1,746.17 OTHER 2,709.19 979.49 1,665.36 TOTAL $243,518.87 $224,446.56 $178,442.83 NUMBER OF CUSTOMERS: WATER 3,439 3,394 2,902 SEWER 1,227 1,210 780 GARBAGE 3,400 3,366 2,904 TOTAL ACCOUNTS BILLED: 3,672 3,594 3,140 NEW CUSTOMERS: (increases for the month) WATER 45 52 22 SEWER 17 39 16 GARBAGE 34 52 24 TOTAL ACCOUNTS BILLED 78 18 25 CONSUMPTION BILLED (IN 000'S): WATER 34,190 29,672 22,580 SEWER 14,723 12,053 7,102 a N ri a .-1 1 W W (9 H •C a a A H z H 11 1 1 I 1 1 1 1 1WrA 1 1 1 H N U Mri�0 ri0Uf U1 U1 W W Lnoln w olm0000m OOOOOON V'00000000 000 .-Ir 0.10 om riv V' co 0 co m O V N0010.1 O V OO W o N W OOo00 o00 000% H O �D WW r.�rU1 MW - rlO ri O� Or OW�mN UIOOaU1 mW Tr1 Wv Ur10;M 0; W w m 0% i U U O .-IOOOON UI.IO rU)0%r DiM c 0O�N ONN01 W W em�0 O.-1N Nr/N ri N ai z 0rl0 w ri hw yr O\ 0% N m LAW U1 .��ANNri U1�0rM V'm O� ri 0.1M O r+ ri N M 0, .-1 riM M ri N ri m kA ri .-+ N Q W W W 0 0 0 0 0 0 O W O O O O 0 0 0 O O O O 0000 00 00 O O H c%OOOMOH 00% 0 V'V' O LnO0 OO Ln0 000o Oo 00 O o �.1 ri OO U1N W W U)O 0Il V' UI rU1 U1 OON o 0000 Or 00 ri O H'J O%O in r•1 ri W U1 O N o ri r1 r N Ln ri h Ln Ln LA Ln W ri 0 a LnE I co in%A 0 Ln m M 11 e! m Men .-4 U 1 m co m v in 14 In a. 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O Z C� r Oa x cc Q wo~ 00 O MCA rw pp .-+N w CD CD a .bolo 1n mm V 7 W Y J¢ 99 O 0 0 1010 0 C0 0 0 1 01- O T 115 K t n n 10 0 10 10 10-W m CD 10 O 0.--1 n T O 10 O LO t\ t, 10 ppp J # F- O O 10 tp OrnCO V)-T V' N10 nm V)V Mm Q N-1 N Q W OU Q 01 T u'1 wR CtI TN.- m M IT T cO O1010T T w M 1-C VI i m m Mal .--1 M 01 M 1n M N N—— IDS N M M t� N 1Tn N M M .N-1 .N-1 til F- # W # .-.cm O O O O O O pp .4r 0 0 to n O O O 10 T O O N CO m LO U 0 0 O O O V)CO eY M O Y] T CU 0 0 0 et 0 0 V) V) 1n O J N m LO O O l O O_ 0, M M 10 H p T O 1n 10 N.--1 1n T�t 10 01 V' 1n O 1n N T 1n N N 1� T 01 n n 10 ¢ N N w W ¢O ¢O K K 1- F- y_ O VZl Z ;= , ,W;:!Uww s x VZ71 i ti2W' xxk r#x ww g 4 oc 1n� w g 4 V1 x r ¢VI V) # p W QQ N J # W ¢ V) J k # r d J O J d QQ Z J O J d Z p O W W H Z N J ¢ Z U O W W Z V1 J ¢ U ¢ ¢ Vl CD 1-- ZZ Q N W VI¢ 1-- ¢¢ W(w H d Z O Z O K W J[,Z H w H O K W J OC H W H O O O Z_pCpt_H H VN)ZFZ V1 d W Z 1�1--1 1- F'- H H W p W 7 H O Z cn Y O QQQQQQ 00 Q d U J N O QQQQQ5 d U d U J N O£d U w U O 00 N d O d ~ N w ¢ O O p O c D^0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 w O F- p W O 10 0 m 0 0 0 0 0 0 0 H W O O O O O O O O -W O p j Q 10 V f W yp N.'1 V)10 t C(1 T W Q N M d'1 n n O T N W Q 7 W U O Z p 3 O V I p N W CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1993-94 collected budget balance budget to date balance ep rcent $701.500 $443 944 $157-556 36,72% 1SCAL FISCAL` FISCAL FISCAL.., I+ISCAL FISCAL YEAR Y1✓AR %Inc YEAR :i %Inc YEAR %Inc YEAR %Inc YEAR..; %Inc MONTH $$1$9> $9 90Dec) 90/9I ec 9119Z ec 12/93 ec 93/94 ec October .7 $377 7 35.1% $44;i)8 ;. 16.7% $46,7I 6 0% $Sfl,95fzi 9.0% $99 408 95.1 November 15,4 8 4 573; 59.3% 37,1;t7; 51.0% 27 :9: -24 8% 42,12 50.8% 50 6 3; 20.2% December 1 ,530. 21062. 18.1% 28,.4..64.i 35.2% 33,273:; 16 9% 33,$54; 1.7% '70 55: 107.3% January 26,75C 34.463 28.8% 47,1 6; 36.7% 40 UI -15 1% 67,1 69.2% 106,541; 57.3% February 15,#I�4 25 94! 61.0% 22,487 -12.1% 4©,1:0 78 40/( 39,351;; -1.9% 7,$3 47.0% March 14,778 30 657 107.5% 32,955; 7.5% 37AS8 13 8% 44,176 17.8% 59378: 34.4% April 4$,635 37201 -23.5% 4I,445 11.4% 57;543; 38 8% 6$,664' 19.3% May 27,824 3I 501 13.2% 36 627 16.3% 41,020: 12.0% 54,623'.i 33.2% e 24,Q5I 37x44 55.7% 37,8.94 1.2% 43,105 13 8% 52 027 20.7% July 3$;63Q 51374: 33.0% 47 01:7 -8.5% 5I,35T 9.2% $0367 56.9% August 2,699 3I969 40.8% 35,9.1 12.5% 4831L1 35.5% 48,294 -0.9% September ,31,2E1 � 4.2% 37.t704; 13.9% ; 42.741. 15.5°/u � 27.3% TOTAL $311,699. $396 106 27.1% $448 148 13.1% $51fl 036 13.8% $53C. 38 24.8% $443,944 59.6% SLSrAX94.WK3 REPORT DATE 04/12/94 L 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/Southwestern 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 (FEMA) 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. f FIRE 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 COMMUNITY STRATEGIC PLANNING PROCESS (A Quality of Life Vision for Southlake in the Year 2010) Proposed Timetable May 17, 1994 City Council appoints SPIN Standing Committee Mid-late - June 1994 Team Focus: SPIN Standing Committee Mid July - Early Aug. 1994 Design Citizen Quality of Life Survey (Staff/SPIN/Appointed Boards and Commissions/Councilmembers) Sept. 1994 Conduct Quality of Life Survey Oct. 1994 - Feb. 1995 Develop Strategic Plan (Staff/SPIN/Appointed Boards and Commissions/Councilmembers) Feb. 1995 Present Southlake 2010 to Neighborhoods 1995 Annual SPIN Meeting April 1995 Present Southlake 2010 to City Council (Mid Year Review) April 1995 Begin Budget Process FY 95-96 b:TiMETBL.CEH/CEH-LTRZ/kb(4/19/1994) City of Southlake,Texas Rank Comparison of Municipal Tax Rates in Selected Northeast Tarrant County Cities*, by City, by Rate, 1994 CITY TAX RATE 1. Fort Worth .9500 2. Watauga .6967 3. Arlington .6417 4. Euless .6186 5. Hurst .5960 6. N. Richland Hills .5700 7. Keller .5441 8. Haltom City .4724 y:t;';••.�f:-. • vv :Y�.� � <} .lf+$:'•+ti{;vy�:•':•y{}r s.,r:.f:.•. +r`;. .{ iv*�•'+ v} '.ti q'+F T.{vv.++::v: +4.•:v..�xr:i •��:v{:: •::r:•;?:;•+:•:..:•::• ...$:`t2•:tk:'.+3�+. L+irRv.2W. r:.{:.i.'•.,i+.::::::}::.vYv. •\.:vvvS:v .. 10. Bedford .4359 11. Grapevine .4250 12. Richland Hills .4061 13. Colleyville .3100 *Fort Worth and Arlington are included for comparison as two largest cities in Tarrant County. Source: Tarrant Appraisal District b:\TAX.RATF-cEmcr.H-LTRAYb(V19/19%) H zHa'�H�',+dHrr��H' fx�x� nttstl] t1] f� H F• On C �, � o 0 o H � a � EcD 1 = N cp Czzx4 . 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I 1 O a Ca H P4 H coId r-I UU 10 E N O ?� I r-1 G C)1 O A PI H U O) 10 a O) H r4 •4 m b 0 O O W a N m-4 O U O ri r•I C'J C9 01 1J O •r1 -4 •.i lT U H H z G9 z $4 -'I -4 J-1 M z W C. 10 W U U }) 0 to H 'J H •11 .1! A C m 7r to 2W 2 •.4 $4 M $4 $4 10 -�Cy4 .4 to x 0 W H 'O0 -4 U 6 t0 W G! H Roy H 1. .11 o C C a -A .W z z � H H �0�1 �b� `HH z w a N � a H m � ma4 4 0 0G, rnrbHwcxiWup EI m p4 04-19-1991 04:05PM FROM SOUTHLAKE DPS TO 4885097 P.01 "PRAMAL SERVICES, INC. Ems,, 7ROUptn A4wwv"— Ap. Caw�oltaait� AND April 19, 1994 i Mr. 100b VVKtehead City�Sot�lalce � 667 Muth CarmW Averwe SMA PftM.Texas 76092 Re: Shaw, St"iano& Gouday Property tall Avenue Project Setake,'Texas Dw Mr. WNwhead: t hawa.reviewed my original appraisal report on the above referenced property Aurse,ant to Yota�na1 offer leapt to the JaWowner in enftipadm-of-cpndemnatio n proceeding* 1 talked with INK Dee Ekatn= about the recwK sale to Waknwt purchase of the adjoiMV 23 acres as W40 as other real estate acdvtr is the area. Also,almV With the Walmart profit comes ut ti6S tsewer3 in CtMr proud* ter to the subject property. Thes;6 recent cheages wateld support a higher value for the subject property. Ft i$my opWon that a flew offer in the amount-of 4160,000.00 (R) or $4.00 per square foot be made the land wt t for the 40,010 square toot subject property. The new appraisal r8port Will be forkhng. If YOU have any further W896MS, f" free to Call on me at any tome- Rove d, i ff Zan, U1 . presi [tt I I i i i i ' I t7N�1lBiStiY(.' t:tt • 18i0 SOIJIFI UtilYER9177 Di • SUMT20 a FORT WOiC7ii.TMxa9 7810T • ($171 33S-ST57 • FAx(817) STUDENTS PROMOTING ALTERNATIVE RESOLUTION TO CONFLICT (SPARC) Task Force Recommendations Community Representatives Carroll High School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Curtis E. Hawk Carroll Middle School . . . . . . . . . . . . . . . . . . . . . . . . . .... '; . Doug Strickland Carroll Intermediate School . . . . . . . . . . . . . . . . . . . . . Edie Watkinsf JohnsonElementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joanne Bertalan+ / Carroll Elementary . . . . . . . . . . . . . . John Havers *Staff has been unable to contact Ms. Watkins regarding her interest in serving as the community representative for Carroll Intermediate School. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.