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1994-02-15 CC Packet
• City of Southlake,Texas MEMORANDUM February 11, 1994 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting February 15, 1994 1. Agenda Item No. A, City Manager's Report, contains the Departmental Reports. Let me or the Directors know if you have any questions. Note that 49 single-family residential permits were issued in January 1994, compared with 30 for January 1993. 2. Agenda Item No. 5A. Contract for Services with Cheatham & Associates. The contract, if approved, will authorize the engineering services for four (4) public works projects previously discussed with City Council, related to anticipated development in the vicinity of Kimball/SH 114/FM 1709. Given the development potential, it is important to be able to begin work on the projects as quickly as possible once the development is initiated. Therefore, it is in the City's best interest to begin preparation of the engineering plans for the public improvements. At this time, staff.is requesting City Council's approval to begin plan preparation by authorizing approval of the contract for professional services with Cheatham. Actual plan preparation will not begin until word is received from the developer that the development will proceed. 3. Agenda Item No. 7A, Second Reading, Ordinance No. 480-108 (ZA94-127). Rezoning by Hornick and Carlucci of 20 acres on the west side of North Peytonville Avenue in the 2000 block, across from Brittany Place. Recall that P&Z approved the request 6-0 and that City Council approved 7-0 on First Reading. There have been no changes since. F.Y.I., there is another matter, unrelated perhaps to the zoning request, concerning the property in question. Note the attached memorandum from LouAnn Heath, Finance Director, concerning properties omitted by TAD from the City of Southlake appraisal rolls. Tracts 1 A and 1 A 1 are not currently on our appraisal rolls. TAD was notified last year by Southlake of the omission, and TAD has taken steps to add the properties. The Hornicks (owner of Tracts IA and 1 A 1) have indicated to TAD they will protest, claiming they have never been annexed to the City. Yet, they have applied to the City for rezoning and are registered voters in the City of Southlake. Our research indicates their property was annexed in 1968. Our attorney will represent us in the hearing with the TAD Board, which will probably be in March. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 11, 1994 Page 2 4. Agenda Item No. 7B. ZA94-08. Preliminary Plat of 17.648 acres out of the 20 acres requested to be rezoned in item 7A above. Note the memo from Karen Gandy, Zoning Administrator, concerning the special issues. The street alignment proposed is unique in that access is public and the area is considered a public drainage and utility easement, however, maintenance of the paving and drainage improvements is intended to be done by the Homeowners Association (HOA). Pheasant Lane is proposed as a 25' back-to-back concrete street (i.e., 24' fire lane) which will be one-way in a counter clockwise direction. These issues will be further addressed in the future developers agreement. There is also a concern in this area about septic problems. Prior to final plat approval, staff will evaluate perc tests and septic system feasibility to determine whether or not the number of lots needs to be reduced to adequately provide a septic distribution area. Another issue concerns the construction of the street and the proposed water feature in the center. Concerns about erosion under the streets must be addressed by the developer; concrete lining, gabions, or geo-textiles will probably be required in the banks of the water feature before construction plans will be approved. 5. Agenda Item No. 7C, Second Reading,, Ordinance No. 601, Weed Lien Ordinance. As pointed out in the memo from Billy Campbell, Director of Public Safety, the primary purpose for changing the Weed Ordinance is to bring our ordinance in line with the notice provisions of the enabling state statute. 6. Agenda Item No. 8A First Reading, Ordinance No. 480-109 (ZA93-115). Rezoning, request for a 26.711 acre tract west of Harbor Oaks subdivision. This item was tabled last Council meeting at applicant's request. P&Z approved rezoning to SF-lA with a 5-1 vote. Note in the memo from Karen Gandy, Zoning Administrator, that the owners of property within 200 feet of the zoning change request who are in opposition exceed the 20% rule, thus a super-majority vote by City Council is required to approve the requested change. Also, note that the developer, Tim Fleet, has requested to proceed with the SF-IA zoning request at Council prior to bringing forward a preliminary plat on the property. He is currently negotiating with adjacent owners on the configuration of the plat. Three possible alternatives are included with the staff memo to give you an idea of the options being considered. 7. Agenda Item No 8B First Reading Ordinance 480-110 (ZA94-01), Rezoning, and Concept Plan for newly acquired 15.49 acre park site west of Bicentennial Park. Note the comments and recommended redesign of the park layout submitted by the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 11, 1994 Page 3 Campbells, 498 Love Henry Court. Greg Last, Director of Planning and Community Development, will be prepared to address specific concerns at the Council meeting. 8. Agenda Item No 8C First Reading Ordinance No. 480-111 (ZA94-02). Rezoning request from "AG" to "SF-IA", for 6.0 acre tract located on south side of Bob Jones Road, approximately 1/2-mile east of North White Chapel. Applicants are requesting to rezone in order to develop one single-family residence on the property. P&Z approved 5-0. There are no major unresolved issues with this tract. 9. Agenda Item No 81) First Reading, Ordinance No 480-112 (ZA94-06) and Item No. 8E, (ZA94-07), are the zone change request and Preliminary Plat of 9.998 acres at 2815 W. Southlake Boulevard. Rezoning is requested from "AG" to "SF-IA". Applicant plans to subdivide the acreage to allow here son to construct a single family residence on a one-acre tract. Note staff comments concerning the numbering of the lots in the Plat Review Summary (page 8E-4). Note also comment No. 3 on the staff review letter concerning a "common access easement." In recent years, we have often required these on commercial driveways but have not had a situation where it was considered for residential lots with but one exception -- Wilkinson Addition on South White Chapel where the developer desired a common drive for two lots. Note also the second informational comment pertaining to the rear lot width for the small lot. If Council feels that the intent was for all lots, regardless of lot area, to have the rear lot width of 125 feet, then we should require so here. The applicant intends to final plat only Lot 1 (small lot). Should they desire in the future to subdivide Lot 2 (large lot), they must provide 100' of frontage along FM 1709, provide 50' right-of-way road access from FM 1709 back into the property, or combine that property with adjacent properties for development. 10. Agenda. Item No 8F ZA94-04 Revised Concept Plan for First Baptist Church of Southlake 940 South Carroll Avenue. Note particularly the comments in the memo from Karen Gandy, Zoning Administrator, concerning the purpose of the submittal, and the staff comments in the last paragraph concerning the relocation of the building. Should you wish to approve the request to allow relocation of the building, please specify in your motion. 11. Agenda Item No 8G ZA94-05 Plat Showing Lot 1 and Lot 2, Whitman Addition, 4.201 acres in 2800 block of Raintree Drive. This property is at the end of Raintree. (aw Staff has required dedication of half a 50' radius cul-de-sac right-of-way in anticipation of future needs to construct a permanent cul-de-sac when Raintree is improved. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 11, 1994 Page 4 Flowage easements shown are based on field surveys of the topography. The actual 100-year flood elevation in this area is 564 so the required finish floor should provide adequate protection. 12. Agenda Item No 811 First Reading Ordinance No. 579, Truck Route Ordinance. This ordinance also includes house moving provisions. The key features of the ordinance are outlined in the memo from Billy Campbell, Director of Public Safety. Note specifically, the only through truck link between FM 1709 and SH 114 is Carroll Avenue. 13. Aizenda Item No 9A Resolution 94-10 would provide a third member of the Economic Development Advisory Committee. The first two appointees were Rick Wilhelm and Councilmember Barry Emerson. Now that our Economic Development Coordinator, Kate Barlow, is on board, it would be helpful to staff if the third member of the EDAC were appointed. Betty Springer has expressed interest in the appointment. I believe she would be an asset to the City in this capacity. 14. Agenda Item No. 10A Developer Agreement, Timber Lakes, Phase III and IV. Note the unique features outlined in the memo from Bob Whitehead, Director of Public Works. 15. Agenda Item No. 1013 Southlake Parks Development Corporation Plan, will be presented to the SPDC Monday, February 14, for action to make a recommendation to City Council. 16. Agenda Item No. 11 A 11 B, 11 C, and 11 D are for discussion only. The cover memo from Director Campbell succinctly explains the provisions of the wrecker ordinance, Item I IA. Item I I is on the agenda to enable City Council and staff to discuss the implementation of the SPIN program. Staff will have a draft of the mailout to each household by Tuesday night to review; our aim is to have the letter in the mail before week end. Concerning Item IID, the rezoning to conform to the Land Use Plan, see the memo attached hereto from Greg Last, Director of Planning and Community Development. OTHER ITEMS OF INTEREST 17. FYI, in case you missed it, attached hereto is an editorial comment from Martin Aldridge, Southlake Journal concerning the CISD Bond Election. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 11, 1994 Page 5 18. FYI, see the attached memo from Karen Gandy to Wayne Olson concerning the North Davis Business Park and outside storage. Note the opinion from Karen in the next to the last paragraph. Olson concurs with Karen's opinion. 19. FYI concerning CitiCorp, the papers have been signed by CitiCorp and are awaiting MTP signatures. CitiCorp will be requesting building permits for remodeling from. Westlake next week, thus somewhere in between, there will probably be a public announcement of the move. CEH/lc C:I wpfrleslmemos1CC2-15.94 City of Southlake,Texas MEMORANDUM January 28, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: Southlake Program for the Involvement of Neighborhoods Revised Schedule 1) Develop informational materials for 1/31 - 2/7 distribution to the City Council and citizens. 2) Develop mailing list which identifies No Later Than 2/16 citizens by neighborhood. 3) Identify SPIN leaders, including 1/31 - 2/11 Standing Committee members and potential members on Neighborhood Councils. 4) Distribute information items. No Later Than 2/18 5) Hold a "town hall" meeting to 3/3 discuss SPIN with citizenry. 6) Appoint SPIN Standing Committee members. 3/15 7) Hold organizational meeting for 3/22 SPIN Standing Committee. SPIN #1 Diane Jenson Virginia Clow Pieter Hye 4569 Homestead Dr. 820 Shady Oaks Dr. 6 Saddle Ridge Dr. Roanoke, Texas 76262 Southlake, Texas 76092 Roanoke, Texas 76262 481-2256 Marilyn Tucker Rod & Carol Johnson Monte Sparks 31A Bob Jones Rd. 4720 N. White Chapel #6 Soda Ridge Roanoke, Texas 76262 Roanoke, Texas 76262 Roanoke, Texas 76262 430-4900 430-8580 SPIN #2 Martin Schelling George Duncan Gene Compton 2665 N. White Chapel 2950 N. White Chapel 225 Sweet Street Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-7751 283-1440 488-7684 Jerroll Shivers Sharon Hobbs 1800 N. White Chapel 105 Sweet St. Southlake, Texas 76092 Southlake, Texas 76092 488-8476 481-5142 SPIN #3 Buddy Capps Mike Farhat Rudy Fernandez 2890 Harbor Refuge 1060 Harbor Haven 1100 Burney Ln. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-7020 488-1111 481-4921 Ron Gamble John Gianforte John Holzgraefe 3260 Peninsula Dr. 3150 Peninsula Dr. 3545 Carmel Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-0120 633-3795 481-2284 Bill Low P.W. McCallum Dottie Morris 3111 Woodland Dr. 2970 Burney Lane 3097 Ridgecrest Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-6632 481-0001 Mickey O'Brien Wayne O'Daniel Terry Sauder c/o Mike O'Brien 1240 Burney Ln 1090 Harbor Haven 3360 Hillside Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2803 481-1211 ' 1.143 .tunders Bruce Schnitz John Williams 29MBurney Ln 603 Dene Ct. 2404 Emerald Cir. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-5395 392-0401 481-6885 Emily Williams John Evans 3131 Briar Lane Ted Hiethtecker Southlake, Texas 76092 481-4251 James Arnold John and Linda Stewart Walt Fenogolio 3130 Briar Ln. 3920 Burney Lane 1100 Harbor Retreat Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-3065 481-4064 481-1617 George Cotton Ralph and Libby Hopkins 2401 N. Carroll Ave. 780 E. Dove Rd. Southlake, Texas 76092 Southlake, Texas 76092 481-3999 481-8484 SPIN #4 LeeRoy Hess Lanny Tate Russell Oxner 671 E. Dove Rd. 2120 N. Carroll Ave. 535 E. Dove Rd. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-1618 481-3440 488-7361 Harold Knight Billy and Mary Jo Peck Bob Steele 1749 E. Highland St. 1205 N. White Chapel 959 N. Carroll Ave. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2961 481-5259 481-2616 Charles Fechtel 6611 Stihter Dallas, Texas 75230 (214)987-4992 SPIN #5 Bill Barthelemy Dennis Boyton Rick Davis 1643 Creekside Dr. 2407 N. Carroll Ave. 1655 Creekside Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-6329 Cheryl Gielow Don Harris Larry Hix 1417 Whispering Dell 2606 N. Carroll Ave. 1203 Whispering Lane Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-3731 488-9467 488-7069 Falis Holloway Mark LaCroix Sid Lorio 1409 Whispering Dell 1645 Royal Oaks Ct. 1212 Ashmoore Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-1814 481-8343 481-6111 Kos Maykus Jan Nelson Vicki Speck 2604 N. Carroll Ave. 1617 Heatherbrook Ct. Southlake, Texas 76092 Southlake, Texas 76092 (2144)254-2522 481-3108 (aw., Stith Bill Stoner Patty Vaughn 1280 E. Highland 1800 Hunters Creek Southlake, Texas 76092 Southlake, Texas 76092 481-2856 424-1535 Darwin Scratchard Bob Kresler Aloha Payne 1410 Whispering Dell 1525 N. Carroll Ave. 1213 Whispering Ln. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-3558 481-1429 481-7134 Pat Hawk Bill Towler Phyllis Calton 1740 Sunshine Ln. 1470 N. Kimball Ave. 1920 Fox Hollow Cr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2077 685-7133 488-6146 Jack D. Johnson 1900 Fox Hollow Cr. Southlake, Texas 76092 488-8434 SPIN #6 Bob and Tracey Hopkins Larry Jobe Ed Norman 2745 Raintree Dr. 2870 Rainforest Ct. 603 Shady Lane Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-6265 481-1448 481-3497 Evelyn and AC Urbanowsky Loyd Eubanks Tom Ward 2859 Raintree Dr. 2711 Rolling Lane 2481 Greenbough Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2614 481-4250 488-3136 Arlene Zalkovsky Nina & Jim Darnell John Adams 445 Shady Lane 2820 Rainforest Ct. 2809 Rainforest Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2085 329-8824 (awl SPIN #7 Jerry Forbus Sonny James Peter Sporrer 595 S. Kimball Ave. 305 S. Kimball Ave. 1214 Woodsey Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-1679 481-5636 481-2271 Darrell Faglie Marilyn Johnson Ken Smith 505 S. Kimbali Ave. 495 S. Kimball Ave. 2364 Crooked Lane Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-7171 488-9212 481-1858 Dennis Roberts Lou Kaposta 2400 Crooked Lane 2311 Crooked Lane Southlake, Texas 76092 Southlake, Texas 76092 481-4220 481-2948 SPIN #8 Larry Goldstein Pamela Muller Dan Light 216 Westwood Dr. 214 Westwood 1206 Brazos Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 329-9085 481-6644 481-7654 Darrell McNutt Zena Rucker Patti Minder 212 Westwood Dr. 650 S. Carroll Ave. 223 Eastwood Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-7753 481-1185 481-7492 Don Light Alice Covington 200 Westwood 1213 Woodsey Ct. Southlake, Texas 76092 Southlake, Texas 76092 481-5944 481-4333 T SPIN #9 Gerald Okamoto Cathy Turner Wanda McAlister 1301 Bent Trail Cr. 1027 E. Continental 170 Creekway Bend Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-7617 488-7814 Wanda or Bill Stowe Joe Smith Patty Saunders 1710 Brumlow Ave. 803 W. Southlake Blvd. 503 Vicksburg Way Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-9115 488-7704 481-3709 SPIN #10 Bill Bryant Rob Glover Cindy Huff 1031 Summerplace Lane 265 West Chapel Downs 314 Dove Creek Tr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-6564 329-6164 481-2471 Susan Crancy Gary Kerbow Bruce McCombs 1020 Alamo Dr. 918 Emerald Blvd. 280 Lilac Lane Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 329-0541 481-7404 481-3256 Jeff Mercer David Miller David Moberg 950 Wildwood Lane 1028 Diamond Blvd. 503 San Juan Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-1265 421-1298 329-0616 Jim Ridenour Judy Roberts John Stankiewicz 1030 Diamond Blvd. 506 San Juan Dr. 640 Oak Hill Dr Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-5278 488-7239 329-4133 LWollard Doug Strickland Hobey Vance 303 E. Highland 1027 Diamond Blvd. 825 Southview Tr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2218 488-0793 430-3544 Ann Essex Dick Bernasek Betty & Colby Springer 315 Dove Creek Tr. 511 Alamo Ct. 1024 Mission Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-2710 481-2707 481-7082 Bob Dowdy Debbie Abitz Randall Boyd 1018-B Diamond Blvd. 1019 Diamond Blvd. 807 Pearl Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-4889 481-9610 329-0405 Marce Gordon Juergen Strunck Phyllis Adler 308 Dove Creek Tr. 200 N. Carroll Ave. 507 San Juan Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 329-0165 481-3681 329-0820 Steve Gutstein 'hruchill Cr. ake, Texas 76092 488-7636 SPIN #11 Bob Brugger Domenic Carlucci Chauncey Willingham 1060 Brittany Ct. 2000 N. Peytonville 1340 N. Shady Oaks Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-8832 488-5640 488-0967 Marvin Cook Mike Hall Beverley Bradley 1835 N. Peytonville 1255 Shady Oaks Dr. 1645 N. Peytonville Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-4435 481-2390 481-4031 Fred Newbury Kathryn Lancaster Sharon Meyer 500 Ravenaux Dr. 600 Garden Ct. 1925 N. Peytonville Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-8700 481-9733 329-5306 SPIN #12 Janet Cooksey Barry & Ann Klinger Steve Heitz 1207 Twin Creek 1357 Woodbrook Ln. 1343 Meadow Glen Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-5585 488-9518 481-4163 Charlie Wegman Ernest Johnson Andy & Gay Wilkenson 1349 Estella Way 1351 Estella Way 1352 Estella Way Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-0559 481-5832 481-1042 Buddy Johnson Steve Kettering Sonny Carnes 1505 Oak Lane Southlake, Texas 76092 Janet Metzger Robert & Doris Downard Steve Ovelgonne 1351 Post Oak Tr. 1255 Randol Mill 1352 Ten Bar Tr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-0014 481-2046 488-6415 Co Poth Jim Schuelke Ken Vanderford 1400 Post Oak Tr. 1800 Kingswood Dr. 1337 Ten Bar Tr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-7480 379-5225 488-0451 Keith Wiersum Connie Fletcher Terry Mitchell 1710 Sleepy Hollow 2306 Hillside Ct. 1610 Pheasant Lane Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-7676 431-2481 481-7701 Sally Hall Lee Bartlett Billie Dix 1609 Mockingbird Lane 1344 Ten Bar Tr. 1364 Woodbrook Lane Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-5535 481-2756 481-3053 Cora Lee Brannon Brenda Eubanks Rich & Pat Goldfuss 1365 Lakeview Dr. 1342 Ten Bar Tr. 1355 Cross Timber Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-8793 481-4765 488-4431 Rick & Kathy Brockington Kelcie Nance Mike Stephens ' Cross Timber Dr. 1349 Cross Timber Dr. r,,"ake, Texas 76092 Southlake, Texas 76092 588-5076 488-1177 Lloyd Latta Lonnie Williams Charlotte Smith 1580 Randol Mill Ave. 1760 Randol Mill Ave. 1631 Mockingbird Ln. `hlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 3197 431-2739 481-3107 Conner Lam Betty and Gerald Thorp 1280 Post Oak Tr. 1331 Woodbrook Ln. Southlake, Texas 76092 Southlake, Texas 76092 481-1003 488-2713 SPIN #12 continued SPIN #13 Jeff Bell Vicki Carns John Dyer 1617 Pecos Dr. 1405 Pecos Dr. 550 Ginger Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 421-8526 329-0636 Ken Fitzpatrick Joe Gregory Mary Ellen Klugh 1203 Sabine Ct 1100 W. Southlake Blvd. 1406 Pecos Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 421-8838 481-3605 329-0647 Tommy Morgan Trilby Smith Eric Stengle 308 Southridge Pkwy 318 Blanco Cr. Southlake, Texas 76092 Southlake, Texas 76092 488-7026 481-7865 Rick Patterson Sonny Alford Denny Malloy 610 Llano Ct. 1103 Brazos Dr. 1359 Lakeview Dr. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 329-0006 488-1687 and Pam Fauchier Janet Sullivan John Moore 606 Concho Ct. 545 N. Peytonville Ave. 650 Ginger Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 421-6687 488-7179 481-2188 James Stacy Ross Owens Fred Joyce 1000 W. Southlake Blvd 480 Shady Oaks Dr. 455 Randol Mill Ave. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-3010 421-2321 379-6021 Joey Jurecka Camille Rasdal Steve Wilson 1415 Stone Lakes Dr. 308 Waterford Ct. 112 Woodglen Ct. Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-0033 329-7430 481-3979 Frank McKinnon 600 Concho Ct. Southlake, Texas 76092 488-1844 SPIN #14 Joe Boyle Rosey Bartlett Gary Bruner 1206 Scenic Drive 907 Meadow Lane 403 Timber Lake Drive Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-8771 488-0543 329-0915 Ginger Carpenter Bill Jon Curb Vicki and Roy Johnson 1211 Oakwood Trail 1640 W. Continental Boulevard 1208 Timber Court Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-0565 488-7790 488-6195 Chris Kelly Charlotte Lemieux Rick and Traci Lineberger 1205 Oakhurst Court 1214 Oakwood Trail 1406 Chimney Works Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 481-1450 421-0610 Linda Merkel John Reinmiller Lu Samartin 605 Shadybrook Court 1211 Timber Court Southlake, Texas 76092 Southlake, Texas 76092 481-0800 481-1285 orenson Terry Wilkinson Phil Woellner 12 1 Oakhurst Court 1510 S. White Chapel 1003 Meadow Court Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 488-4633 491-9869 481-0812 SPIN #15 Bob Couch Tim Farmer June Haney 2535 Union Church Road 680 Davis Boulevard 400 Brock Drive Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 431-1010 431-0408 379-5617 Pond's Automotive Gary Tennyson Jack Wiesman 1301 Davis Boulevard 1395 Davis Boulevard 2607 W. Southlake Boulevard Southlake, Texas 76092 Southlake, Texas 76092 Southlake, Texas 76092 431-1721 379-0857 431-1004 SPIN #16 Glen Burda Dustin Jones Derrell Johnson 2795 Johnson Road 2503 Hillside Court Southlake, Texas 76092 Southlake, Texas 76092 431-3741 431-2263 Dick Johnston Bill Metcalf John Simmons 139 Jellico Circle Southlake, Texas 76092 431-9331 City of Southlake,Texas REGULAR CITY COUNCIL_MEETIKG.: -FEBRUARY 15, 1994 > LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 7:00 P.M. 1. A. Call to order. Invocation. B. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer to Posted List attached hereto and incorporated herein. C. Reconvene: Action Necessary on items discussed in executive session. 2 . Approval of the Minutes of the February 1, 1994, City Council Meeting. 3 . Mayor's Report. 4 . City Manager's Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or Citizen so requests, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5. Consider: A. Contracts with Cheatham and Associates for Professional Services for extension of North Kimball Road from F.M. 1709 to SH 114; water system improvements to serve SH 114 and Kimball Road vicinity; sanitary lift station and force main to serve SH 114 and Kimball Road vicinity; and, sanitary lift station and force main to serve SH 114 and F.M. 1709, Wall Street vicinity. REGULAR AGENDA 6. Public Forum. City of Southlake,Texas, Regular City Council Meeting Agenda February 15, 1994 page two 7. Consider: Ordinances, second reading, and related items. A. Ordinance No. 480-108, 2nd reading (ZA 93-127) , Rezoning request for 20.0 acres situated in the Christopher Dart Survey, Abstract No. 2003, being Tracts 1A, 1A1, & 1A2. Location: Approximately the 2000-blk on the West side of North Peytonville Avenue; across from the Brittany Place Addition. Current zoning is "AG" Agricultural District, with a request for 1'SF-1A" Single Family-1A Residential. Owners/Applicants: Jimmy W. Hornick, Barbara J. Hornick, Domenic Carlucci, and Wendi Maura Carlucci. PUBLIC HEARING. B. ZA 94-08, Preliminary Plat of 17. 648 acres situated in the Christopher Dart Survey, Abstract No. 2003 , being tracts 1A and 1A1 of which 10.0 acres will be developed as Pheasant Lakes Addition. Location: West side of North Peytonville Avenue in the 2000-blk across from Brittany Place Addition. Current zoning is "AG" Agricultural District. Owners: Jimmy W. and Barbara J. Hornick. Applicant: Betty Hagan. C. Ordinance No. 601, 2nd reading, Weed Lien Ordinance. PUBLIC HEARING. 8. Consider: Ordinances, first reading, and related items. A. Ordinance No. 480-109, 1st reading (ZA 93-115) , Rezoning request for a 26.711 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, being Tract 2C and a portion of Tract 5. Location: West of the Harbor Oaks Subdivision. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single- Family-1A Residential District. Owners: Betty Foreman and Peggy Denton. Applicant: VLMC, Inc. B. Ordinance No. 480-110, 1st reading (ZA 94-01) , Rezoning and Concept Plan request for 15.49 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1. Location: West of the Bicentennial Park. Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service District. Owner: W. Ralph Evans. Applicant: City of Southlake, Texas. ` City of Southlake,Texas Regular City Council Meeting Agenda February 15, 1994 page three C. Ordinance No. 480-111, 1st reading (ZA 94-02) , Rezoning request for 6. 0 acres situated in the M. Mahaffey Survey, Abstract No. 916, Tract 4. Location: South side of Bob Jones Road approximately one-half mile east of North White Chapel Blvd. Current zoning is "AG" Agricultural District with a request for "SF-1A" Single Family-lA Residential. Owners/Applicants: Peter and Julie Landesberg. D. Ordinance No. 480-112, 1st reading (ZA 94-06) , Rezoning 9.998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. Location: 2815 W. Southlake Blvd. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family-IA Residential. Owner: Ruby Slayton. Applicant: Charles Slayton. E. ZA 94-07, Preliminary Plat of Block 1, Lots 1 and 2, Slayton Addition, being 9.998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. Location: 2815 W. Southlake Blvd. Owner: Ruby Slayton. Applicant: Charles Slayton. F. ZA 94-04, Revised Concept Plan approval for the First Baptist Church of Southlake being legally described as Lot 2, O.W. Knight No. 899 Addition. Location: 940 South Carroll Avenue, Southlake. Current zoning is "CS" Community Service District. Owner/Applicant: First Baptist Church. G. ZA 94-05, Plat Showing for Lot 1 and Lot 2, Whitman No. 1593 Addition being 4.201 acres situated in the J. Whitman Survey, Abstract No. 1593, Tracts 8A1B, 8B1, 8BiB, 8B1C, 8K, 8L, and 8M. Location: North side of Raintree Drive in the 2800 to 2900-blk. Current zoning is "SF-1A" Single Family-lA Residential District. Owners/Applicants: Frederick C. and Dorothy T. Bauer. H. Ordinance No. 579, 1st reading, Truck Route, including House Moving provisions. 9 . Resolutions. A. Resolution No. 94-10, Appointment to Economic Development Committee. City of Southlake,Texas Regular City Council Meeting Agenda February 15, 1994 page four 10. Other items for consideration. A. Developer Agreement for Timber Lakes Phase III and IV. B. Southlake Parks Development Corporation Plan. 11. Other items for discussion. A. Ordinance No. 578, Wrecker Service. B. Southlake Program for Involvement of Neighborhoods (SPIN) . C. Appointment to Planning and zoning Commission. D. Rezoning of certain properties that do not currently conform with the City's Land Use Plan. 12 . Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, February 11, 1994, at 5:00 p.m. , pursuant to Chapter 551 of the Texas G ,ent Code. ih /All Vp&" 'y andra L. LeGrand - v City Secretary .• • NO If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704 , and reasonable accommodations will be made to assist you. cc\aga\mcg\02-15-94\s1 City of Southlake,Texas EXECUTIVE SESSION PENDING LITIGATION- SECTION 551.071 The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. West Beach Addition 2. Legend Custom Homes, 1993 3 . Scott and Anne Morrison vs. The Zoning Board of Adjustments, of the City of Southlake, and the City of Southlake. 1993 Litigation is, by nature, an on-going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects in executive session, any final action, or vote taken, will be in executive session. LAND ACQUISITION-SECTION 551.072 The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any final action, or vote taken, will be in public. PERSONNEL-SECTION 551.074 The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Board and Commission Members. A complete list of the City Boards and Commissions is on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL-SECTION 551.076 Regarding the deployment or specific occasions for implementation of security personnel or devices. After discussion, of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. If personnel issues or litigation issues arise as to the posted subject matter of this City Council meeting, an executive session will be held. cc\exe\sess\2-15-94-94\s1 _ h.n Jenkens & Gilchrist Dr7 A PROFESSIONAL CORPORATION n F E B 1 51994 , 1445 ROSS AVENUE SUITE 3200 r U .. DALLAS, TEXAS 75202-2799 (512)499-3 800 HOUSTON TEXAS (214) 855-4500 . (713)951-3300 TELECOPIER(214)855-4300 SAN ANTONIO,TEXAS (210)308-3100 WRITER'S DIRECT DIAL NUMBER WASHINGTON,D.C. (214)8554788 (202)6 25-1014 February 14, 1994 Ms. Karen P. Gandy VIA TELECOPY: (817) 488-5097 Zoning Administrator and FEDERAL EXPRESS City of Southlake 667 N. Carrol Avenue Southlake, Texas 76092 Re: Building Permit Applications of VW Investments, Inc. Fuel Storage & Distribution Facility; 1675 Brumlow Avenue Dear Ms. Gandy: This letter responds to your request for additional information regarding the above- referenced facility. I wish the response could have been more timely, but the City's recent preemptive actions regarding my client's efforts have delayed this reply and have also raised questions concerning the City's motives in this "investigation." January 20 1994 (although faxed late January 21 you stated In your letter to me dated ary ( g ary ), that as the City's Zoning Administrator your direction to "all staff departments not to issue permits or authorize activities which would allow the construction, renovation or repair of permanent facilities on this site ... does not apply to the removal of debris and the general clean- up of the site." Acting under this advisement, on Tuesday, February 1, 1994, my client began to remove debris and clean-up the site of the Southlake Fuels tank battery structure. On Wednesday, February 2, 1994, you were personally informed of these activities during a telephone conversation with a representative of my client. Nonetheless, on the morning of Thursday, February 3, 1994, when my client attempted to remove debris and damaged tanks from the site by truck, the City dispatched four police vehicles to the Southlake Fuel facility and under threat of citation or arrest forced my client to cease these activities. During a telephone conversation with me immediately thereafter you stated that, notwithstanding your letter of January 20, 1994, the City would require a "Demolition/Move-out Building Permit" before work at the site could continue. Although my client applied for this permit at approximately 2:00 p.m. on February 3, 1994, it was not issued until approximately 11:00 a.m. on February 7, 1994. Furthermore, you never mentioned to me or my client until after 5:00 p.m. on Friday, February 4, 1994 that, ostensibly under the authority of a seldom used and apparently only selectively enforced 1957 ordinance, the City would also require my client to obtain a "House Moving and Large Structures Permit necessitating the posting of a $1,000.00 cash bond for each of the two trucking companies involved in my client's removal of debris and general clean- up of the site. DLLI IEAB 25572-01 JeAens & Gilchrist A PROFESSIONAL CORPORATION Ms. Karen P. Gandy February 14, 1994 Page 2 When these actions are viewed in the context of the City's ongoing failure to respond to the building permit applications submitted by my client on November 17, 1993, the numerous communications between my client and the City over the last six months, and the fact that you did not commence "an investigation into the status of the Southlake Fuels facility and the extent of its destruction" until January 20, 1994, my client and I suspect that the City's repeated delay in resolving this issue reflects a conscious effort by the City to prolong the process of municipal administration with the specific intent to impede repair of the Southlake Fuels facility and purposefully increase my client's expense and loss in order to wrongfully discourage the lawful repair and continued operation of the Southlake Fuels facility. My client and I hope that your belated "investigation into the status of the Southlake Fuels facility and ... determination on its continued status as a legal nonconforming use ..." will hereafter proceed with greater dispatch and fairness than has been the case with regard to the City's dealings with my client to date. With particular regard to your ongoing investigation, my client and I believe that an impartial review of the facts clearly shows that there is no "significant question as to whether the Southlake Fuels facility has in fact been damaged to more than 50% of its replacement value," nor any reasonable question as to whether the site continues to enjoy the status of a legal nonconforming use under the City's zoning ordinance. As the City well knows from its own exhaustive investigations to date, which have consumed many hours of work by numerous City employees and resulted in voluminous quantities of memos, reports, photographs and video-tapes of the site, as well as from the information previously provided to the City by my client, most of the damage sustained by the Southlake Fuels facility was inflicted upon the tank battery structure and attendant flare system. Damage to the flare system itself was minimal and damage to the tank battery structure was obviously less than 50% of its "replacement cost," as stipulated by the City's zoning ordinance. The tank battery component of the Southlake Fuels throughput facility contains 12 structurally integrated, aboveground storage tanks variously interconnected by common flowing pumps, meters, walkways and a single vapor balance, vapor recovery and emissions control system, all enclosed in a common secondary containment berm. As only 5 of the 12 aboveground tanks in the tank battery structure were damaged, comprising less than 42% of total tank battery storage capacity, and none of the tank battery structure's expensive pump and measuring equipment sustained any damage at all, it is readily apparent that the extent of the damage sustained by the entire facility, or even the damage sustained by the tank battery structure itself, was less than the applicable value of "50% of replacement cost." In spite of the information and materials previously provided to the City by my client, and the City's own extensive records, in your letter to me of January 20, 1994, you request a great deal of additional information completely irrelevant to the stated purpose of your DL A I IW3 25572-01 JeAem & Gilchrist A PROFESSIONAL CORPORATION Ms. Karen P. Gandy February 14, 1994 Page 3 investigation. Presumably, you are seeking information relevant to Section 6.5(c) of the Southlake zoning ordinance. The test set forth in this section is whether a structure has been destroyed by "any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction ..." In speaking with you about your request for additional information on January 31, 1994, you stated that you needed a "starting point" in your investigation. Under the relevant ordinance, the starting point should be the current replacement cost of the facility. Based upon bids and estimates my client has received from third party contractors, it is irrefutable that the "replacement cost" of the Southlake Fuels petroleum related throughput facility is in excess of $300,000.00. Given that the City hired outside consultants to visit the Southlake Fuels site on February 4, 1994, presumably in order to make its own evaluation of the replacement costs of the facility, we expect that you will be able to confirm this calculation, no later than Monday, February 21, 1994. Furthermore, just as you state in your letter of January 20, 1994, I note that while all repairs to the Southlake Fuels facility must meet current codes, the cost of complying with any changes in relevant codes since the original construction of the Southlake Fuels facility would accordingly increase the replacement cost of the facility as well. It is clear from your own memo of February 2, 1990, regarding the nonconforming use status of the above captioned property as well as from your letter to me of January 20, 1994, that, as the Zoning Administrator of the City of Southlake, you consider the nonconforming use of the site to include the entire petroleum related throughput facility located at 1675 Brumlow Avenue. My client and I agree with this interpretation of the facts under the City's zoning ordinance, which refutes the previous assertion of City Manager Hawk, who in his letter to me of January 6, 1994, stated that "the City's position is that each tank represents a separate structure." In any case, it is clear that if the City considers the entire throughput facility located at the Southlake Fuels site to constitute a single nonconforming use, then the damage sustained at the site is demonstrably less than the "50% of replacement cost" test applied by the City's zoning ordinance. Consequently, there can be no question regarding my client's right to repair or replace the damaged components of the Southlake Fuels throughput facility. In the alternative, if the City should consider "each tank ... a separate structure," as asserted by City Manager Hawk, then the ongoing nonconforming use status of the site itself can hardly be at issue. Nonetheless, even in this event my client and I will demonstrate that the repair of damage sustained by each individual component of the Southlake Fuels throughput facility constitutes less than "50% of the replacement cost" of each such individual component. In support of this position, my client has already provided the City with a copy of its insurance company's third party consultant's report containing considerable information DLLI 13A13 25572-01 n n ' • Box 2821 1675 • , .. -7612 .�bra,. }. _.� �.. ;r--��=:`_�.,. � -� t y -�•• +� ` `.i Southlake Fuels Fuel Storage and Distribution Facility Southlake Fuels,operates a bulk fuel storage and distribution facility located at 1675 Brum low Avenue in Southlake, Texas, The Southlake Fuels facility is appropriately licensed and permitted to operate by the Texas Air Control Board, the Texas Comptroller's Office, the U. S. Department of the Treasury and the U. S, Environmental Protection Agency. Facility Location and Description The Southlake Fuels facility is located immediately west of Dallas/ Ft. Worth International Airport in the demographic center of the Dallas/ Ft. Worth metropolitan area. The facility is directly adjacent to State Highway 26 and enjoys ready access to all major thoroughfares in the region. The facility itself occupies 2.65 acres of land and consists of a 9,000 square foot warehouse with attendant office space,a well equipped materials testing laboratory,and a fully integrated throughput system consisting of a 252,000 gallon capacity Tank Battery and related process equipment with attendant tanker truck off-loading and loading facilities. The Southlake Fuels facility grounds are completely enclosed by extensive fencing and access to the facility is limited to authorized personnel by a magnetic card reader security system, The entire Southlake Fuels facility is also protected by numerous safety controls, fire suppression equipment and environmental protection systems. Major petroleum product pipeline terminals immediately adjacent to the Southlake Fuels facility are operated by Conoco, Inc., Diamond Shamrock Corporation,Citgo Petroleum, Inc. and Fina, Inc. 'O .......� {, .. :. ._ se.m...'•'•. �'1,' r"": ✓,.V I i Richardson w \ \� crro y t SOUTHLAKE FUELS --------L 't , ,`= Fi"' anon A as np n. Gpdaad '� .� � �_OO: •la4- \ ,„I„u u � -_E.Ma• ! 1 �.i-wr.I�r n � �� ,` ua + __ sue' ••. +\r.. "R mew:u;a — _-=Hun_s,�_.' `� �rv-_9� n, -�L�.�'" r ,,� `%' ! i squib wrs:saa.w q,-�1_..,... ^ l :!Y• L-w x..:in..• Gnnd Pfairis • 15 �,if..:i'. �� ,«• rlin soa" _ - t ,J�y1D ` f,- s •, :ate ! rt�r '' 't - v Ya C._CY7•__ 1 xr _ „ '.t,a. o"` 1. ir Y •qft 71 i 1 t1 - o , ti J y (tow, e +a l 0E 9 R $ ` _ ► O N Ire �T=fS Fly F� w La i, .,M..M.00.01 �e—IMAWA n,u W o � (tow Product Throughput Facilities The Southlake Fuels product storage and distribution terminal consists of a fully integrated system of tankage,piping,pumps, meters and related process equipment variously inter-connected to comprise a common throughput facility. A single Receipts Rack is utilized to off-load products to the Tank Battery,which affords 252,000 gallons of storage capacity in twelve tanks interconnected by product flow lines,vapor equalization lines and a common overhead walkway with stairways extending to ground level at each end of the overhead walkway. Products are lifted from the Tank Battery through a single Loading Rack for transfer tanker-trucks and ultimate shipment from the Southlake Fuels facility. All facility tankage and processing equipment is enclosed in a 3' tall secondary containment berm capable of retaining 150% of the capacity of the Tank Battery. The berm itself is enclosed by an 8' tall cyclone fence. The Receipts Rack, Tank Battery,Loading Rack and all related process equipment are manufactured to API standards and all process and storage facilities are vented to the plant's integrated vapor balance,vapor recovery and emissions control system. Products are received at the Southlake Fuels facility via tanker-trucks,which are off-loaded at the Receipts Rack through pumps "A","B"or "C"for initial storage in tanks 9 1 ,02,03,04 or 05. Product delivered to these tanks is first tested for conformance to specification prior to transfer in metered quantities through pump "D" into tanks 077,088 or#99 and is thereafter transfered through pumps "E"and "F" to tanks 0601 ,#602,0603 or 0604 for final lifting from the Tank Battery to the Loading Rack through pumps "0", "H", "I"and "J". Products are finally transfered in metered quantities from the Tank Battery to tanker-trucks at the Loading Rack for transport from the terminal facility and distribution to end markets. J Z L i JttG otX. .t z oo> / f �• ot m n CA 4.0 •n �` p \;; ; Receipts Rack The Receipts Rack consists of a 30'x 20' concrete pad directly adjacent to the Tank Battery which is formed and curbed to capture spillage and rain water run-off. All products received at the Southlake Fuels facility are delivered to the Receipts Rack where tanker-trucks off-load through 4" piping feeding 300 gallon per minute positive displacement pumps which transfer product to the Tank Battery. The Receipts Rack is equipped with a static electricity grounding system,fire suppression equipment and connections to the plant's vapor balance,vapor recovery and emissions control system. �t � n Loading Rack The Loading Rack is situated on a 60' x 20'concrete pad at which one tanker truck may be loaded at a time. The concrete pad is formed and curbed to capture spillage and rainwater run-off. The Loading Rack is equipped to dispense products from the Tank Battery through up to four separate metered hoses which are controlled by a Tuthill Fill-Rite electronic access system which operates in conjunction with a Scully static electricity grounding system and the terminal facility's vapor balance,vapor recovery and emissions control system . Operation of the Loading Rack pumps requires the input of an authorized magnetic access card,the entering of appropriate PIN numbers at an on-site electronic control panel and the connection of all safety and vapor control systems prior to the lifting of products from the Tank Battery. i �Y y y - r t I MM Vapor Balance.Vapor Recovery And Emissions Control S&tgm Hydrocarbon vapors from the Receipts Rack, the Tank Battery and the Loading Rack are collected by the facility's vapor balance,vapor recovery and emissions control system. Liquid hydrocarbons are stripped from these vapors in a 500 gallon condensation tank and remaining hydrocarbon vapors are vented to an electronically ignited flare system which destroys in excess of 98%of all volatile organic compound vapor emissions in accordance with applicable state and federal regulations. Laboratory And Product Testing Prgram The Southlake Fuels facility maintains a comprehensive hydrocarbon testing laboratory isolated In a specially constructed fire-proof room at the rear of the office/warehouse building. The laboratory is equipped with fireproof cabinets for the storage of product samples,vented vapor hood enclosures for the handling and testing of product samples and various apparatus required to perform ASTM and EPA mandated test procedures for the determination of product distillation characteristics, flashpoint,gravity, PH, Reid Vapor Pressure,and water content. City of Southlake February 16, 1994 Mayor: Gary Fickes Dear Southlake Citizen: Mayor Pro Tem: Jerry Farrier CounIt is time to kick off the Southlake Program for the Involvement of Barry K.Emerson lmembers: Neighborhoods (SPIN) that you read about in the special edition of the City Barry W.Ralph Evans newsletter, Southlake In Review. Your participation is vital to the success of the Stephen W.Apple Sr. program! Jon Michael Franks Andrew L.Wambsganss City Manager: The Southlake City Council and City staff would like to invite you to take part Curtis E.Hawk in a Town Hall meeting scheduled for Thursday, March 3, 1994 at 7:00 p.m. City secretary: in the Johnson Elementary School Auditorium, 1301 North Carroll Avenue. Sandra L.LeGrand This Town Hall meeting will be an open forum to discuss the specifics of SPIN and obtain citizen input regarding its implementation. City Council members and staff will be on hand to describe the framework for operating SPIN and answer any questions you may have. In the meantime, you may wish to refer to the opposite side of this page for a brief summary of the SPIN concept. We have received a number of phone calls from interested citizens, and are anxious to identify others wishing to be involved. Your attendance at the meeting will give us an opportunity to meet you and hear your thoughts. We look forward to seeing you on the 3rd. If you have any questions, please feel free to contact me, any Council member, Municipal Court Judge Brad Bradley, or Shana Rice in my office at 481-5581 extension 705. Sincerely, Curtis E. Hawk City Manager 667 North Carroll Avenue •Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER" City of Southlake,Texas CITY MANA R - l0- M E M O R A N D U M February 10 , 1994 TO: Curtis E. Hawk, City Manager Sandra LeGrand, City Secretary FROM: Lou Ann Heath, Director of Finance SUBJECT: Tarrant Appraisal District-Omitted Properties Last year, Tarrant Appraisal District representatives met with Karen Gandy and me regarding properties apparently within the City of Southlake boundaries that are not being reflected on the City of Southlake appraisal rolls . Based on that meeting, TAD has notified the City of Southlake that the following properties are scheduled to be added to the appraisal roll . 1 . C. Dart Survey, A2003 , Tracts 1A, 1A1, 1A2 2 . Hollingsworth & Barnett Survey, A787, East Haven Addn. Lot 2B1 3 . Thomas Easter Survey, A474 , southern portion of Tract 5A Each property owner has the opportunity to protest before the Appraisal Review Board the addition of their property to the City of Southlake rolls . Section 25 . 21 of the State Property Tax Code allows the Chief Appraiser to appraise omitted real property as of January 1 of each year for up to the preceding five years, which will allow for collection of property taxes for the City for five years . TAD notified the affected property owners on February 4 . The owner of Tracts lA and 1A1 of the C. Dart Survey have indicated to TAD that they will protest . The City of Southlake must substantiate the claim that they should be added. This particular property is currently involved in a rezoning case before the City, ZA 93-127 . I need assistance in assembling documentation to verify that this property is in Southlake . Please let me know what I can do to research. A hearing date before the Appraisal Review Board has not been scheduled yet . LAH CC : Karen Gandy, Zoning Administrator tadarbl City of Southlake,Texas MEMORANDUM CITY MANAGER February 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Karen Gandy, Zoning Administrator SUBJECT: Potential Rezoning of Properties One of the by products of the recently completed 1993 Land Use Plan (L.U. P. ) update was an analysis of properties which are currently zoned (i .e. other than "AG") and are either vacant, or have a use conforming to the zoning, however, the zoning does not match the land use designated by the Land Use Plan. These tracts were designated as triangles on the graphic plan and the accompanying text . The purpose for that portion of the study was to identify properties that potentially should be rezoned to more appropriately comply with the Land Use Plan. In the next few weeks staff will compile a list of these tracts and bring the list to Council for consideration and establishment of priorities. Should the Council direct staff to proceed, we will methodically pursue the prioritized rezoning of these properties as quickly as possible, pending agenda caseloads for P/Z and Council . Also, we have upgraded the graphic maps within the L.U.P. workbook. We would like for Council members to bring their L.U.P. workbook to the February 15, Council meeting so that we may insert the new graphics. Please call if you have any questions . GL/gj 40- cc : Planning and Zoning Commission "A City of Southlake,Texas ` M E M O R A N D U M January 31, 1994 CITY NIA AGAR TO: Wayne K.. Olson, City Attorney FROM: . Karen P. Gandy, Zoning Administrator SUBJECT: North Davis Business Park / 19 .9249 acres P) 0 Annexed as "LI" Light Industrial District Last week, the current owners of North Davis Business Park, Evelyn Kidd and Curtis Kidwell, raised the issue of outside storage for the entire industrial park which is currently zoned "I-1. " The current zoning ordinance (No. 480) does not allow outside storage in this district except by specific use permit . They contend that they were granted outside storage as a part of their annexation agreement with the City. On March 18, 1986, The City Council passed and approved Ordinance No. 324 annexing North Davis Business Park into the City of Southlake. The final plat for the industrial park was approved on February 4, 1986 while in the city' s extraterritorial jurisdiction. The zoning ordinance in place at that time was Ordinance No. 261. Attached is a copy of the "LI" Light Industrial district regulations from that ordinance. Upon review of Ordinance No. 261, you will note that certain permitted, commercial and business/professional uses did not allow outside storage, but other business/professional uses did permit outside storage provided that "all exterior storage or display areas or yards are suitably screened by a planting screen, wall, or fence not less than six (6) feet in height" or "a suitable screen, wall or fence which shields such materials from public view. " Since annexation, the city has adopted two other zoning ordinances (Nos . 334 and 480) . The city reclassified the property to "I-1" while under Ordinance No. 334 which excluded outside storage in the "I-1" district and later rezoned it to "I-1" Light Industrial with the adoption of Ordinance No. 480 and a new zoning map in September, 1989 . Section 26 of Ordinance No. 480 addresses the permitted "I-1" light industrial uses . Again, the only outside storage allowed in the "I-1" district is by specific use permit. My opinion is that any building or buildings constructed prior to the adoption of Ordinance No. 334 in September, 1986 would be allowed to have outside storage, but any buildings constructed after that time would not be permitted outside storage in the "I-l" district unless a specific use permit was obtained. My Question is whether the annexation ordinance gives the owners certain vested rights to outside storage . - City of Southlake,Texas ' Wayne Olson, City attorney -North Davis Business Park January 31, 1.9 94 Page Two Please call me at your earliest convenience. Thank you again for your attention to these issues . !U� KPG Attachments: Annexation Ordinance No. 324 "LI" Light Industrial District, Ordinance No. 261 "I-1" Light Industrial District, Ordinance No. 334 cc Curtis E. Hawk, City Manager Greg Last, Director of Community Development i � royooaya wy;.o .. ca 3a°ia>i �' i"A '' w � ° o � bo:• eda ,r �;,-. 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"boo N � C. �' � � .o � od A. bQa► a _ t City of Southlake,Texas MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS January 1993 Building . . . . . . . . . . . . . . . . . . . . . . . . 4-A Community Development . . . . . . . . . . . . . . . . . 4-B Finance . . . . . . . . . . . . . . . . . . . . . . . . 4-C Municipal Court . . . . . . . . . . . . . . . . . . . . 4-D Public Safety . . . . . . . . . . . . . . . . . . . . . 4-E Public Works . . . . . . . . . . . . . . . . . . . . . . 4-F Street/Drainage . . . . . . . . . . . . . . . . . . . . 4-G Utility . . . . . . . . . . . . . . . . . . . . . . . . 4-H c:\wpfiles\memos\Monthly.RPT C11 W Cr 'JH r1 MMd' MNOrI Orid' d' rl 00 -1 mC) CDr-iN000 M U M H •--1 m m -4 ul m CV m N M En '-4 ri M N -1 rt N HHo r1 � w1 o H a W rl N 00 d' d' �.D O O .-i N ao M N M d' tf1 [- O .--I In O .--1 .--1 n >+ U rn ,-1 r4 ko ul O O •-, 1-4 M r, U� •-I r-i M CV N N '-1 In H w 1 x o E•+ ri Ix M W Cif WPrn >4 CD M (nIn -iO d' ko 00r- Or4CV O00 N A co OO d' M d' CNIct E-4 O M v10 •--i M rn E-4 I HH H a GWG � WEIR x >4 a' r{ mvVN rlOOlD mON OO I- OO 000OOOOr-1 1-1 00 ah cn A v .--i 00 I- 1n In N M xH E-4 r-i w0 0z a x�.IaM E-4 -i H w Z w CY) H 9 0 >4 -+ U E-I , " ON r1In000D MMInr-1O d' %D 00r- Or-1 NOOO N W a m 00 T M v N O a o W E•+ M a � E•1 x M cy, U mko -,' ri OOIn riN N N O Mrl In MOOd' 000 O 0 W In r-+ O 00 110 In M N cnx � H E 1 C11 x E-lo rn -rrN 001,0 rnON00 r- CO 000000o .- 'A 00 r0 1-1 00 I- In In N r M Q z z • c w �b b U z c ch A E m 3 +1 r-I a a x rl W 0 Z a) r1 C: -4 O Q b1 Cn Cn t7 0 w 0 ?i z RC O O E•1 U I~ Ei H z to •r, p 1 t O U U -1 •r1 Q] Q H cn iv 41 O 1-1 rI r- a r-I 9:� 0 1d a v Q �1 M w H •• rl Id m 0 cd O ai b O •r, ,:4 rI O W O U tr1 p m •r, •ri •r1 01 U CT p •r1 w +J H ri U Ei H a P H •r1 .J U P P 0 •r1 0 $-1 •r, RC S4 •r, a) a CQ a m x a CA !n W a v] -4 U w a) LS U a-I A a) ,-i •O W a • rn O H Wu ►-] �] 9 1 4 < � I U 541 9 O H •r, Z W UZ0ZU1xW >+ H m :J •ri M w :1 0r4 Er a Ind x m0xZZ �DPP Ei W 0 a) 0 0 0 3 0r-Ir-q 0 :1 0 W WO E+ •rIHUwwxQH 0 h a awlz UUrz, En rnwC4xUQ ulzu 0XWMPwUWU E•+ M O O O O O o 0 n N O O o 00 OOOOOOOON \ O o 0 0 0 0 0 M n O o 0 O O O O O O O O o 0 H >4 U H N 00 N n n to Co N O o in Ei fn O -1 00 l0 N O) N LO M M %D ri n O 00 U1 dr to N ri M O CZ O) CO N LO M d ri r--1 10 1a� w O , ri O M N tO r-I Ib ON Cl) N N r i N N N r-1 U1 �j N �i C7` O O O O O O O O in in O O . 00 O O O O O O O O x NU O o 0 0 0 0 0 Q n Ln o 0 00 0 0 0 0 0 0 0 0 n to O O) O 00 M 1D d ri ri U1 O O O O O) O n d 00 Kn H I ri 00 00 ON O n W r•-I N m M (Y) n mM 'IT U) w H P4 O In d o d [- 00 r-1 N Ul M N N r-1 U) OD x �i , H M in N r-+ o M .-i In o) c n [1' ri r-i ri d' M r-1 co N M O O O o 0 0 o n O o 0 0 00 O O O O O o 0 0 n 0 0 0 0 0 0 o U) Ln O O O 00 O O O O O O O O O W m N 1O Cb 1� CV W E+ ri n N r-i OD n M 1-4 -1 kD U1 1` N U) Vr d' a >I A n U) M kD 00 O) dr 0 ri tO n ri r-i d' w a a ccr) N ri �D U) M Ln x 0 0 0 0 0 0 0 Li) U) 0 0 0 00 0 0 0 0 0 0 0 0 0 �+ a ���Qi 0000000 NLn00 Oo 00000000 -* 7 x 1 rn ao rn n �o rn Co o N a sr W O) d' N N r- N qo ri n U) n >1 A r'i M U) N md' CO ri N tD H O z z H Q r--I ko ri to M O OD Ul pp >4Ei � H E-I H HUEE, o 0 0 0 0 0 o n o 0 0 0 00 00000000r, O Wrn 0000000 LnL0000 OO 000000000 Qi O 1 '1 N 1D CU lO d O tD CV U) O N n ri V QI n N ri 00 n M ri ri t0 U) 1- (N U) zT a� xW n to M kD CO ON q C) 'I n ri ri d �j M N r-i l0 U) M Q) Ln �7 O o 0 0 0 0 0 w 0 0 0 0 00 O O O O o 0 0 0 w O O O O o 0 0 r-i O U) 0 0 00 O O O O O O O O kD x M Ei E-I Q) O n n m N n N CO O O N O O d En z U kD W N O M N o In \0 M U) O %D 00 00 kD kD ON N N ON O r•i q ('1 tD ri ri N N ri U) v n r i ri H ri O o 0 0 0 0 0 In U) O O O 0 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 0 kD C4 U1 O O 00 O o 0 0 0 0 0 0 d In Q) CO O) n 1D O) 00 O O • O CV 4 • 4 H x d' N O) N %D (N d' o ri h U1 n x 0 M U) N ON n V' Co ri N %D H (� (n ri U) M O 00 LO p p z a' z orn, a n Ew-H 0 - 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J-) rl 41 04 04 r-I S I a) U a r( a) UI u) ° 44 4J -H U) bi a Q O �4 4 U �-1 O -r1 r-1 >~ 4 4-) 11 3 O 1~ -r1 1~ >~ al o 41 i z a°) u) w � 0 0 0 o N -) a) rC5 r-A O `b a) 1z: -r1 N 4-1 0 E Z 04 U O �41� b a M a 4 �4 ° � (D (d � M aa)) o ° w 3 (d 41 4-1 1~ U u) U) m U (d z U) (d -r1 -rl U) m r. a) a) 3 O -r1 •A -11 0 E 'o a) 0 a) O i4 a) J-) a S4 a) • �-1 E rl -11 �4 a) rA }-I -r1 �4 •r1 a �4 (n £ (d 0 04 a) -r1 -14 b O A (d (d 4-) m 4-) 41 (d a) q 04 41 r-1 U �4 44 0 044-) a (d a) a) 04 0 a) �4 'b -r1 a) a) O rl 3 >~ a) (d a) U a) a) a) C3' �4 0 'O S4 14 .� O O O S4 r-1 S4 (d S4 4 i4 a) a 44 U 04U u U x w 04 w > E- U) 04 �4 EQ a a Ln ,o r� a0 01 O d' Lfl w L� 3 N N N N N M m m M m V CITY OF SOUTHLAKE GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended January 31, 1994 with Comparative Actual amounts for the period ended January 31, 1993 (unaudited) To Date Percent To Date Actual Percent 1993-94 Actual Collected/ Actual Total Collected/ REVENUES Budget 1/31 4 Expended 1/31/93 9 0 3 Expended Ad Valorem Taxes $2,204,198 $1,513,415 68.7% $1,205,856 $2,144,651 56.2% Sales Tax 701,500 220,186 31.4% 126,931 636,737 19.9% Franchise Fees 336,400 283,472 84.3% 90,451 305,909 29.6% Fines 231,440 74,906 32.4% 61,069 182,283 33.5% Charges for Services 57,250 16,119 28.2% 1,274 59,086 2.2% Permits/Fees 1,088,000 490,204 45.1% 359,900 1,251,287 28.8% Miscellaneous 17,940 9,444 52.6% 6,908 40,724 17.0% Transfer In-Other Funds 159,446 0 0.0% 0 159,446 0.0% Interest Income 50,000 26,097 52.2% 16,904 54,031 31.3% Total Revenues $4,846,174 $2,633,843 54.3% $1,869,293 $4,834,154 38.7% EXPENDITURES City Secretary $200,879 $50,152 25.0% $42,975 $143,026 30.0% City Manager 178,078 53,030 29.8% 41,293 152,047 27.2% Support Services 602,109 191,160 31.7% 122,468 498,543 24.6% Finance 261,838 92,906 35.5% 67,988 205,844 33.0% Municipal Court 168,605 40,056 23.8% 38,647 144,786 26.7% Fire 720,144 176,655 24.5% 138,333 566,502 24.4% Police 1,024,789 277,475 27.1% 236,545 888,664 26.6% Public Safety Support 439,410 118,435 27.0% 107,904 362,248 29.8% Building 258,492 63,430 24.5% 41,593 154,005 27.0% Community Development 273,625 69,565 25.4% 59,541 238,144 25.0% Streets/Drainage 1,417,086 160,545 11.3% 136,232 854,318 15.9% Parks 196,307 50,064 25.5% 14,161 138,224 10.2% Public Works Administration 121,405 47,577 39.2% 21,217 98,090 21.6% Total Expenditures $5,862,767 $1,391,050 23.7% $1,068;897 $4,444,441 24.1% Excess (deficiency)of Revenue over Expenditures ($1,016,593)$1,242,793 $800,396 $389,713 OTHER FINANCING SOURCES AND(USESI Proceeds from C.O.Sale(net) $565,000 $720,827 $0 $0 Excess (deficiency)of Revenues and other sources over Expenditures 451593) 1963 620 $800,396 $389,713 FUND BALANCE OCT 1 $1,515,421 $1,515,421 $1,125,708 $1,125,708 ENDING FUND BALANCE $1,063,828 $3,479,041 $1,926,104 $1,515,421 H N 14 W W 0 a a q E+ z H x Ww rHmmommmom Lnoun N Om000OH oO0000rwOooOooO 000 Fx H U w w O w O Vn m H o w w O w N O w r O O O w o 0 o o o o N m o o O O o o o O O m a a N mr HMw H NON 4N(n kO lnm dw V-O r4 cn mm tOmN 10 CO In U1 Nm H ONN r m.i Wx fn r- wVmNO W HMO mw In N rm 0N14 rOm wO rl m N m H N lD ri Hw r+n z In 1D m ri rl m l0 O In In l0 ri f+l In O ei O In rl rl ri O M In V� W 1 N H H In m In N m r-4 N nn In N H w m H H to In N f+n rl In H V- .-1 Q W W m 0 0 0 0 0 0 O m 000 O O O O 000 0 0000 O O 00 O O F� moO Om Oww O uoo N 0 000o OO 00 o O z HooMNWW uno oww v rv (n 00( o 0000 or oo ri C. 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Cu u m rL 0 u CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended January 31, 1994 and January 31, 1993 (unaudited) To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ REVENUES Budget 1 1/94 expended 1/31/93 9/30/93 expended Water Sales-residential $2,018,500 $598,447 29.6% $493,681 S2,276,987 21.7% Water Sales-commercial 418,000 128,074 30.6% 117,695 432,840 27.2% Sewer Sales 270,454 99,637 36.8% 62,094 237,213 26.2% Sanitation Sales 320,000 108,488 33.9% 94,332 287,452 32.8% Other utility charges 197,078 109,105 55.4% 92,255 307,200 30.0% Miscellaneous 17,500 25,786 147.3% 20,741 75,380 27.5% Interest Income 24,000 19,715 82.1% 8,041 30,118 26.7% Total Revenues $3,265,532 $1,089,252 33.4% $888,839 S3,647,190 24.4% EXPENSES Water $1,850,369 $347,476 18.8% $329,562 S1,290,741 25.5% Sewer 887,178 297,220 33.5% 356,500 428,583 83.2% Sanitation 288,000 72,604 25.2% 62,145 263,050 23.6% 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% 0 267,295 0.0% Total Expenses $3,402,055 $856,207 25.2% $768,137 S2,353,460 32.6% Net Income/(Loss) $1� 36,523) $233,045 $120,702 S1,293.730 a) M N W W C9 � a Q F z H a a Q W W o r o r m w 0 m H O N o m o o r r 0 O E+ Nu ONON ma0o w 01n OM OLn ww O, ON O H 7 N r� Ol. 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Wm.W.lm0 NU r aSomo NU m Ou m0 0 rrCC C d' d'H O O a H H O H� N N W U o o q o 0 0 0 0 0 0 O o 0 0 0 o O 0 O 0 cY. o F+ q W 0 0 F o 0 0 o O o 0 0 0 F W o 0 0 0 0 0 0 o E W 0 E Hz n z Ln to az HNmwmwr-wa, W EQ HNmvmt- wm ww N wQ W D wo u qz q QU) qm w w MUNICIPAL COURT MONTHLY REPORT (W JANUARY 1994 TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 674 2 9 2 687 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 185 2 15 1 203 C. Cases Dismissed 206 0 4 0 210 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 2 0 0 1 3 (2) Finding of Not Guilty 0 1 0 0 1 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 (W CASES DISMISSED: A. After Defensive Driving 106 0 0 0 106 B. After Deferred Adjudication 12 0 0 0 12 C. After Proof of Insurance 70 0 0 0 70 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 23 0 23 0 46 TOTAL REVENUE COLLECTED: CITY $18,747.80 STATE 10,044.00 TOTAL 28,791.80 � D- I MUNICIPAL COURT MONTHLY REPORT DECEMBER/JANUARY 1994 COMPARISON (w EEMBER FANUARY:] 1. NUMBER OF CASES FILED: 640 687 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 131 203 C. Cases Dismissed 131 210 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 0 3 (2) Finding of Not Guilty 0 1 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 109 106 B. After Deferred Adjudication 11 12 (W C. After Proof of Insurance 51 70 5. CASES APPEALED 0 0 6. WARRANTS ISSUED 46 46 TOTAL REVENUE COLLECTED: CITY $15,575.95 $18,747.80 STATE 8,836.50 10,044.00 TOTAL 24,412.45 28,791.80 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT January, 1994 POLICE SERVICES Citations Issued 644 Residential Burglaries _2_ Arrests 36 Business Burglaries _1_ Traffic Accidents 27 Vehicle Burglaries _4_ Alarm Calls 135 Assaults _2_ Animal Calls 57 New CID cases assigned _40_ Thefts Under $750 _10_ CID Investigations Cleared _33_ Thefts $750 and up _4_ Active CID Investigations _37_ FIRE SERVICES Residential Fires 0 Ambulance Calls : Commercial Fires 1 Vehicle Accidents _9_ Other Building Fires _0_ Non-accident EMS _21— (W Vehicle Fires _1_ Total Patients Transported _18_ Grass Fires 5 Grass/Weed Complaints _1 Fire Alarms - False 12 Burn Permits Issued _4 Fuel Spills/Leak _0_ Pre-fire Inspections _5_ Other Haz-Mat Calls 2 Building Plans Reviewed _10_ Bomb Threats 2 Other Fire Calls 15 SUPPORT SERVICES Total Police Service Calls _736_ Total Training Hours : Total Fire Service Calls _41_ Police _38_ Crime Prevention Surveys _3_ Fire _70_ Total DARE Classes Taught _72_ Communications _129_ Warrants Received _4 Volunteers _20_ Warrants Cleared 23 Total Personnel Trained _21_ Total Warrant Collections $2 , 643 9-1-1 Hang-up Investigations _N/A_ Neighborhood Watch Programs _1_ 4E_ - I 44 r-1 0) S-1 rn � b1,�G �-1 rn � � � ?� � rn 4-4H U 0C3) U O 04J Oa) 4J r-I �,' 44 a) 04 -1 41 r I ED a � z rd u r > M -rl a) O -rl a� rn � >, a) in >, J1. x Js~ b �4 a) >1 a) Ul x S4 cd r 1 rd z M a) r1 �4 (� US40 (dU 0 �J 4-4 (z) r= r141 0 � a) a od 1~ r1 0 r. 4W o w >4 0 m x u (d b >1 U? 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H � 0> �+ �: + al H H H 3 r-I M S 4 a a �4 �4 a) 1, H .--I N �4L >4 r I ri �4 O �4 �4 , r Ul al 0 1 4 E� N J, 04 4 r 1 r-1 y 1-L, N > !ll N N �4 N O � 4J •rI V tf) V �'�i a > 1-) 4-L V cd �+" J-) w 4J JJ N �4 �4 �-I O o it Ld cd i JJ cd �4 �4 Ul 3 3 3 x O O x U U 3 `� 3 3 CO Ul U � Cn U) w a p r-IN M d� Ln H N M d• L!) to L� 00 Ol r-1 r-I r-I r-I r-I r-I u City of Southlake,Texas M E M O R A N D U M February 11, 1994 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department January, 1994 . ---------------------------------------------------------- Description Dec Jan 1 . Tons of asphalt used a. Ultimate Petroleum Mix 0 0 b. Hot Mix Asphalt 0 0 C. Cold Mix Asphalt 150 50 d. Base Material 50 0 e. Sand (De icing material) 0 5 2 . Lane Miles of Road Repaired 100 95 3 . Number of Street Signs Repaired or Replaced (all types) 42 41 4 . Feet of Ditch Line Cleaned j and shaped 0 200 5 . Number of Vehicles Repaired 0 0 6 . Row mowed in miles of streets 0 0 BP/cbk (6w I G UTILITY DEPARTMENT REPORT MONTH January , 1994 Dec . Jan. GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 31, 687 ,000 34 ,639,000 TOTAL PUMPED AND PURCHASED 31, 687 , 000 34,639,000 WATER METERS SET 38 45 NEW WATER TAPS MADE 3 2 VALVES REPAIRED 17 7 VALVES TESTED 5 2 FIRE HYDRANTS INSTALLED 0 0 FIRE HYDRANTS REPAIRED 0 1 FIRE HYDRANTS FLUSHED 0 1 DEAD END WATER MAINS FLUSHED 41 31 WATER MAINS REPAIRED 1 6 WATER METERS AND SERVICE LINE REPAIRED 4 1 LOCKED METER FOR DELINQUENT PAYMENT 0 7 PULLED METERS 0 1 METERS REPLACED 3 5 MISCELANEOUS WORK ORDERS 148 182 SEWER LIFT STATIONS CHECKED ( 4 L.S . ) 84 44 REQUIRED MONTHLY SEWAGE TESTS 8 8 SEWER PLANT MAINTENANCE (BANK & DOVE) 42 42 SEWER MANHOLES INSPECTED 11 10 MISCELLANEOUS PROJECTS 0 0 Pulled final inspection on Lake Crest subdivision WATER SUPERINTENDENT DIRECTOR OF PUBLIC WORKS City of Southlake,Texas CITY MANAGER M E M O R A N D U M February 9, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Approval of Contract With Cheatham and Associates for Providing Professional Services for the Following Items: 1. Extension of N. Kimball Rd. .(FM 1709 to SH 114) ; 2 . Water System Improvements to Serve SH 114 and Kimball Road Vicinity; 3 . Sanitary Lift Station and Force Main to Serve SH 114 and Kimball Rd. Vicinity; and 4 . Sanitary Lift Station and Force Main to Serve SH 114 and FM 1709, Wall Street Vicinity. Public Works staff has been working with Eddie Cheatham of Cheatham and Associates to plan for the public infrastructure necessary to provide service to the Kimball-FM 1709-SH 114 area. Those plans were presented to City Council in a work session on January 18, 1994 . The attached proposals from Cheatham and Associates are to accomplish the engineering design of four components of the master plan as presented to Council . Because of the development potential of the area, it is prudent for the City to prepare the plans and be ready for development to occur. Public Works staff requests that the City Council approve a contract with Cheatham and Associates to provide professional service to design the following: 1 . extension of N. Kimball Road from FM 1709 to SH 114; 2 . water system improvements to serve SH 114 and Kimball Road vicinity; 3 . sanitary lift station and force main to serve SH 114 and Kimball Road vicinity, and 4 . sanitary lift station and force main to serve SH 114 and FM 1709, Wall Street vicinity. A copy of each proposal is attached. I request that this item be placed on the February 15, 1994 Council Agenda. - �a' Bob Whitehead wpfi1es\memos\items.1-4 1 CHEATHAM AND ASSOCIATES January 27, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Proposal For Providing Professional Services In Connection With The Design Of Extension Of N. Kimball Road From F.M. 1709 To S.H. 114. CONSULTANT'S UNDERSTANDING Property within the vicinity of F.M. 1709 and S.H. 114 is currently in the planning stages of development. Southlake basically would like to be able to extent Kimball Road from F.M. 1709 to S.H. 114 and provide access to this property. In that regard, Southlake has directed Cheatham & Associates to prepare construction plans and associated documents, to facilitate the construction of a street and drainage construction plans, for the extension of Kimball Road. SCOPE OF SERVICES 1. Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation will also be furnished. (See Item 3.2) 2. Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the street and drainage improvements. The design will be in accordance with applicable city and highway department regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1 170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 - Metro 640-4329 f 1 Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 2 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Right-of-way (If Required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required right-of-way documents. 3.2 We will then prepare the legal (metes and bounds) descriptions of the right-of-way with computer plotting. This work element also includes the surveying work necessary to prepare right-of-way documents. 3.3 This element includes preparation of the final written documents and of the accompanying drawings. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, and not participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish on-site construction inspection, but will make periodic visits to the site and will be available for plan interpretation. SA - 3 t Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 3 FEES We will provide all services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] * Engineering Fee [Based on TSPE Curve A,9.8% of Engineer's Estimate of Construction Cost] $27,500.00 Surveying Fees [Flat Fees based on estimate of time required times hourly rate for field party] Design Survey $4,000.00 Construction Staking $4,500.00 Right-of-way Document Preparation (If Required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research (Fee to be based Documents/drawings/field work upon scope of work) * Total Professional Fees $36,000.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. 5A 4- Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 4 FEE SCHEDULE 1/01/94 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees. Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Registered Engineer . . . . . . . . . . . . . . . . . . . . . . . $75.00 Staff Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Land Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Certified City Planner (AICP) . . . . . . . . . . . . . . . . . $67.50 Registered Landscape Architect . . . . . . . . . . . . . . . . $65.00 Licensed Irrigator . . . . . . . . . . . . . . . . . . . . . . . . $60.00 Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Construction Inspector . . . . . . . . . . . . . . . . . . . . . $45.00 Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Technical Typist . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 4 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $85.00 3 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $75.00 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. SA - � Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 5 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and Southlake is greatly appreciated. 1 1 .ems Eddie Cheatham, P.E., Principal Gary Fickes, Mayor \southlak\propos12 SA- to CHEATHAM & ASSOCIATES 1170 CORPORATE DRIVE WEST, #207 ARLINGTON, TEXAS 76006 817/633-1023 - METRO 817/640-4329 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE NORTH KIMBALL F.M. 1709 TO S.H. 114 STREET IMPROVEMENTS JOB NO. 001-220 DATE: JANUARY 27, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. STREET EXCAV. UNCLASSIFIED C.Y. 21331 10.00 $21 330.00 2. CEMENT OR LIME STABIL. SUBGRADE 8" S.Y. 6300 1.60 $10 080.00 3. CEMENT OR LIME FOR SUBGRADE STAB. TON 145 75.00 $10,875.00 4. 6"THICK COMP CL B STONE BASE S.Y. 6300 3.00 $18 900.00 5. PRIME S.Y. 6300 0.40 $2 520.00 6. T'THICK 3000 PSI INCL. STL PVMNT S.Y. 6100 24.00 $146 400.00 7. 6"HIGH MONO CURB L.F. 1800 1.00 $1 800.00 8. EROSION CONTROL L.S. 1 4000.00 $4 000.00 9. SEEDING L.S. 1 4000.00 $4 000.00 10. SAW CUT L.F. 300 3.00 $900.00 11. 2"TOP SOIL S.Y. 3000 2.00 $6 000.00 12. 18"RCP CL III L.F. 200 20.00 $4 000.00 13. 21" RCP CL III L.F. 200 25.00 $5 000.00 14. 24" RCP CL III L.F. 200 30.00 $6,000.00 15. 30"RCP CL III L.F. 200 40.00 $8 000.00 16. 36" RCP CL III L.F. 100 45.00 $4,500.00 17. 10' INLET EA. 12 2000 $24 000.00 18. TRENCH SAFETY L.F. 900 1 $900.00 SUBTOTAL CONST. COST $279 205.00 CONST. CONTINGENCY $41 795.00 ENGINEERING& SURVEYING $36 000.00 TOTAL PROJECT COST $357 000.00 SOl1IllN(EiE$iW(M I)09 SA- � CHEATHAM AND ASSOCIATES January 28, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Proposal For Providing Professional Services In Connection With The Design Of Water System Improvements To Serve S.H. 114 And Kimball Road Vicinity. CONSULTANT'S UNDERSTANDING Property within the N-4 drainage area is currently in the planning stages of development. Southlake basically would like to be able to provide water service to this development. In that regard, Southlake has directed Cheatham & Associates to prepare construction plans and associated documents to facilitate the construction of a water system extension to serve the vicinity of S.H. 114 and Kimball Road. SCOPE OF SERVICES 1. Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation will also be furnished. (See Item 3.2) 2. Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water lines. The design will be in accordance with applicable state and federal regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. ENGINEERS . PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1 170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 : Metro 640-4329 SA-8 Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 2 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements (If Required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes and bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, and not participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish on-site construction inspection, but will make periodic visits to the site and will be available for plan interpretation. SA- -! Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 3 FEES We will provide all services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] * Engineering Fee [Based on TSPE Curve A, 11.2% of Engineer's Estimate of Construction Cost] $11,400.00 Surveying Fees [Flat Fees based on estimate of time required times hourly rate for field party] Design Survey $1,750.00 Construction Staking $1,500.00 Easement Preparation (If Required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research (Fee to be based Documents/drawings/field work upon scope of work) * Total Professional Fees $14,650.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. SA- to Mr. Bob Whitehead, P.E. January 28, 1994 '`— Director of Public Works Page 4 FEE SCHEDULE 1/01/94 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees. Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Registered Engineer . . . . . . . . . . . . . . . . . . . . . . . $75.00 Staff Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Land Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Certified City Planner (AICP) . . . . . . . . . . . . . . . . . $67.50 Registered Landscape Architect . . . . . . . . . . . . . . . . $65.00 Licensed Irrigator . . . . . . . . . . . . . . . . . . . . . . . . $60.00 Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Construction Inspector . . . . . . . . . . . . . . . . . . . . . $45.00 Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Technical Typist . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 4 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $85.00 3 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $75.00 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 5 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and Southlake is greatly appreciated. Eddie Cheatham, P.E., Principal Gary Fickes, Mayor \watersys.imp w S� -( 2 CHEATHAM & ASSOCIATES 1170 CORPORATE DRIVE WEST, #207 ARLINGTON,TEXAS 76006 817/633-1023 - METRO 817/640-4329 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE WATER SYSTEM IMPROVEMENTS WATER LINE TO SERVE F.M. 1709 AT KIMBALL ROAD EXTENSION DATE: January 28, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. CITY. PRICE COST 1. 12"C-900 WATER LINE L.F. 3100 22.50 $69 750.00 2. BORE/CASING L.F. 150 125.00 $18 750.00 3. FIRE HYDRANT WNALVES EA. 8 1500.00 $12 000.00 4. PAVEMENT REPAIR L.F. 50 25.00 $1 250.00 SUBTOTAL CONST. COST $101 750.00 CONST. CONTINGENCY $8 600.00 ENGINEERING&SURVEYING $14 650.00 TOTAL PROJECT COST $125 000.00 ,%WTHUKMSI 14GOR GA- t3 CHEATHAM AND �,.. ASSOCIATES January 28, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Proposal For Providing Professional Services In Connection With The Design Of Sanitary Sewer Lift Station And Force Main To Serve S.H. 114 And Kimball Road Vicinity. CONSULTANT'S UNDERSTANDING Property within the N-4 drainage area is currently in the planning stages of development. Southlake basically would like to be able to provide sanitary sewer service to this development. In that regard, Southlake has directed Cheatham & Associates to prepare construction plans and associated documents to facilitate the construction of a sanitary sewer line and lift station, with force main, to serve the vicinity of S.H. 114 and Kimball Road. SCOPE OF SERVICES 1. Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation will also be furnished. (See Item 3.2) 2. Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the sewer lines and lift station. The design will be in accordance with applicable state and federal regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction-bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1 170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 SA- 1.4 Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 2 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements (If Required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes and bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, and not participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish on-site construction inspection, but will make periodic visits to the site and will be available for plan interpretation. SA- [S Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 3 FEES We will provide all services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] * Engineering Fee [Based on TSPE Curve A,9.0% of Engineer's Estimate of Construction Cost] $33,350.00 Surveying Fees [Flat Fees based on estimate of time required times hourly rate for field party] Design Survey $9,500.00 Construction Staking $5,400.00 Easement Preparation (If Required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research (Fee to be based Documents/drawings/field work upon scope of work) * Total Professional Fees $48,250.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. 5A- 14 Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 4 FEE SCHEDULE 1/01/94 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees. Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Registered Engineer . . . . . . . . . . . . . . . . . . . . . . . $75.00 Staff Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Land Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Certified City Planner (AICP) . . . . . . . . . . . . . . . . . $67.50 Registered Landscape Architect . . . . . . . . . . . . . . . . $65.00 Licensed Irrigator . . . . . . . . . . . . . . . . . . . . . . . . $60.00 Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Construction Inspector . . . . . . . . . . . . . . . . . . . . . $45.00 Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Technical Typist . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 4 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $85.00 3 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $75.00 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. �A- �� Mr. Bob Whitehead, P.E. January 28, 1994 Director of Public Works Page 5 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and Southlake is greatly appreciated. Eddie Cheatham, P.E., Principal Gary Fickes, Mayor \southtak\propos(1 ,5A- t8 CHEATHAM & ASSOCIATES 1170 CORPORATE DRIVE WEST,#207 ARLINGTON,TEXAS 76006 817/633-1023 - METRO 8171640-4329 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SANITARY SEWER TO SERVE S.H. 114 CORRIDOR KIMBALL ROAD AT S.H. 114 DATE: January 28, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST N-4 BASIN ONLY: 1. 1.0 MGD LIFT STATION EA. 1 100000.00 $100 000.00 2. 8" PVC C-900 FORCE MAIN L.F. 5000 20.00 $100,000.00 3. BORE W/CASING L.F. 300 125.00 $37 500.00 4. 6" SDR 35 - 6"SDR 35 8'-10' L.S. 1 4500 20.00 $90 000.00 5. STD. MANHOLES EA. 12 1500.00 $18 000.00 6. MISC. FITTINGS/SITE WORK L.S. 1 25000.00 $25,000.00 SUBTOTAL CONST. COST $370 500.00 CONST. CONTINGENCY $36,000.00 ENGINEERING&SURVEYING $48 250.00 TOTAL PROJECT COST $454 750.00 SOUTMME%SS 114COR 5�-tR CHEATHAM AND ASSOCIATES January 27, 1994 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Proposal For Providing Professional Services In Connection With The Design Of Sanitary Sewer Lift Station And Force Main To Serve S.H. 114 And F.M 1709, Wall Street Vicinity. CONSULTANT'S UNDERSTANDING Property within the N-5 drainage area is currently in the planning stages of development. Southlake basically would like to be able to provide sanitary sewer service to this vicinity. In that regard, Southlake has directed Cheatham & Associates to prepare construction plans and associated documents, to facilitate the construction of a sanitary sewer line and lift station, with force main, to serve the vicinity of S.H. 114 and F.M. 1709, Wall Street. SCOPE OF SERVICES 1. Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation will also be furnished. (See Item 3.2) 2. Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the sewer lines and lift station. The design will be in accordance with applicable state and federal regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. ENGINEERS • PLANNERS . SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1 170 Corporate Drive West . SUlte 207 • Arlington, Texas 76006 517/633-1023 • Metro 640-4329 ,':�A - 2o Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 2 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements (If Required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes and bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, and not participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish on-site construction inspection, but will make periodic visits to the site and will be available for plan interpretation. Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 3 FEES We will provide all services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] * Engineering Fee [Based on TSPE Curve A,9.5% of Engineer's Estimate of Construction Cost] $27,350.00 Surveying Fees [Flat Fees based on estimate of time required times hourly rate for field party] Design Survey $7,500.00 Construction Staking $4,500.00 Easement Preparation (If Required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research (Fee to be based Documents/drawings/field work upon scope of work) * Total Professional Fees $39,350.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing are included in the above fees. The fees cover only that work specified in the proposal. It does not include: - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. 5A -22 Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 4 FEE SCHEDULE 1/01/94 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees. Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Registered Engineer . . . . . . . . . . . . . . . . . . . . . . . $75.00 Staff Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Land Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 Certified City Planner (AICP) . . . . . . . . . . . . . . . . . $67.50 Registered Landscape Architect . . . . . . . . . . . . . . . . $65.00 Licensed Irrigator . . . . . . . . . . . . . . . . . . . . . . . . $60.00 Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Construction Inspector . . . . . . . . . . . . . . . . . . . . . $45.00 Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.W Technical Typist . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 4 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $85.00 3 Man Survey Crew . . . . . . . . . . . . . . . . . . . . . . . $75.00 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. SA-2-3 Mr. Bob Whitehead, P.E. January 27, 1994 Director of Public Works Page 5 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and Southlake is greatly appreciated. Eddie Cheatham, .E., Principal Gary Fickes, Mayor kfm 1709.pro 5A-2-k CHEATHAM & ASSOCIATES 1170 CORPORATE DRIVE WEST, #207 ARLINGTON, TEXAS 76006 817/633-1023 - METRO 817/640-4329 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SEWER SYSTEM IMPROVEMENTS S.H. 114&F.M. 1709(WALL STREET)VICINITY DATE: January 18, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST N-5 BASIN ONLY: 1. 1.0 MGD LIFT STATION EA. 1 100000.00 $100 000.00 2. 8" PVC C-900 FORCE MAIN L.F. 4800 20.00 $96 000.00 3. BORE W/CASING L.F. 350 190.00 $66 500.00 4. MISC. FITTINGS/SITE WORK L.S. 1 1 25000.00 $25 000.00 SUBTOTAL CONST. COST $287 500.00 CONST. CONTINGENCY $23 150.00 ENGINEERING&SURVEYING $39 350.00 TOTAL PROJECT COST $350 000.00 5A-2S Curves of Median Compensation CURVES A AND B 0 E m � o O T w> C 0 U L L w N a w 7 f9 M C U' O bL a " M O a) In c: C U N ¢ C C y T C L C U 7 W o o v N O C M 7 0 3 U N U Y E � s 3 � ¢v C N Q1 N Q� N d w L E L N J f0 r� O <a m (b _ > > 0 3 x g c U c � V U w O O cQ _0 Q ` N w J 0 @ N -E E A U ¢ O U lt-_ > c L ¢ v 3 w E O U) } c9 E C > Z Z E >, 0 0 O cc = O a Q (, vi .V) N C J Q o m c E ao E E o o .y d C E <O R P In In O C �9 :5 O C � �a •o � E v 0 � c O N•- d � w C J C O o N V L O .--I L N vl � � � � � O L L C E ca — o N o o v 3 a O 3 U c ti co a� •> ¢� c Z n y � +- � n o O _ c N O v> O U O U C d C U U o . c C y i CO C 'pp .. to Ln cn O Q. L O U O C d•`- O Z _ w a o of a;i c v bz '2 O U O U y d U d L '^ o c > > o U ra O N U N > C U L U a u L c �' o Ln 1- � 7 - c is m E U VI W L N .I-- CJ C y U C d •� L O > to -0 U L V) F- i n. o E c _ 0 v = N {n OU v d O V c7 N O 01 of O w 1N3383d—]98VHO OISVB 0 Z SA -Z( Curve A is intended to apply to assignments of which the following arc typical examples: Water, wastewater and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- metries and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter Sanitary sewage collection lines under 24-inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels (free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads, conventional Roads and streets SA -Z? City of Southlake,Texas M E M O R A N D U M f February 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-127 Rezoning of 20.0 Acres REQUESTED ACTION: Rezoning request for 20.0 acres situated in the Christopher Dart Survey, Abstract No. 2003, being Tracts 1A, 1A1, & 1A2. LOCATION: West side of North Peytonville Avenue in the 2000-block; across from Brittany Place. OWNERS/APPLICANTS: Jimmy W. Hornick, Barbara J. Hornick, Domenic Carlucci, and Wendi Maura Carlucci CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: 11SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicants are requesting to rezone the property to develop the western portion (adjacent to Hillwood Estates) as Pheasant Lakes. NO. NOTICES SENT: Twenty-two (22) RESPONSES: Two opposed (within 200' notification area) : * Mike Bell, 1613 Mockingbird Lane, "The development will destroy the view (from his back yard) . " * Carrie A. Wheeler, 1140 Brittany Court, offered concerns regarding the potential development of the eastern half of the Hornick property adjacent to North Peytonville its impact on Brittany Place and the possible extension of Pheasant Lane to North Peytonville Avenue. One undecided (within 200' notification area) : * Michael Costello, 1862 N. Peytonville Ave. , offered concerns regarding the additional water discharge into the creek and potential drainage problems; also concerned about the additional traffic on Peytonville Avenue. Four (4) opposed (outside the 200' notification area) : The following property owners signed a petition offering the same concerns noted above in the Carrie A. Wheeler response. * Anne Healy Lemmel, 1040 Brittany Court * Jerry Brewer, 960 Brittany Court * Marcia L. O'Connor, 1065 Brittany Court * Robert D. Brugger, 1060 Brittany Court P & Z ACTION: January 20, 1994; Approved (6-0) ZA93-127 to rezone to "SF-1A" Single Family-lA Residential. COUNCIL ACTION: February 1, 1994; Approved (7-0) , First Reading, Ordinance No. � j��!/ 480-108 l lam+i� KPG/gj C:\wpf\Memo\Cases\CC93-127.Z 'M/I �iJWpl ����n1iYY1 11■�_ � � MOM MOMM �:.►� �a y� rid ��� ��■■� � © •� � ° i�� M Him cm�It��'' �� � ���►���- ���r���u.��f�' ill �® �� I�1r�� �r�111111\ (11 Ml r ` ��� 0 v L 4 U <U N U A -Mr cu NN cu O N 6 m. Q s ¢n In � ^ a: '- t—'►0- u+vuttre Cfl ¢ m _ m • s =LL • I N N F- k N z } O Z ¢ J 5 cc O I.,^ cc � co w a ' W .. - z z 4N i Q`o< 6 ,MCI, �i1 Av IANOlAdd "' — 7 lfl w. 0 �• z U o N Z � • yy ^ � t O U� 8 ^ t I ! a^ 2 .<. int 1 W W z > >E cc E.) - •� t m acc cqj IVHS i O¢ N 0 ^ • (\I ( O I N m ? w ~ m i W ^u ZOLU Q W _ iW r a ^� a LP W \3- 6 ap � .. O " O t ^ Y U � a:N ^ °0 t 0LL R N O • O 1 \ J �» _ �- W � Q o : N _ o m �co _= o 0 a U z z ,` —Z mm �1S NVOIWtiVld o Y n < LL �•� a a ¢ o m N U F Cy. Q O m C W t z n J J U� » » » ai W u tt Eg �iY S i n m CD in >�-- cn � _rn �. . W G`I] l� and < 0 %n az ¢ ik o ul 4u W t ►y W Q a a H O El E— z ^ x � � U R N U] 0 d IA ZL tsev 'A3Aans Aa338 -- _� 43noS as 3nIANOWd faaZ 'S6v 'A3ANns lava o I n h n W O O b)b, co fA D O OvE T C L O 9 CF U x 0.0 ttl-oc �L tl�• °Oc fo fo O PTO Y ri 0 M «a!! c O 0 fr a tJ 3 o c O fi.7aT° N b o tl •f O Z tlo c O1 N a� o 0 bi O o c • w 'poE � U tico . w° 2 0 M > ?, o o • • �$'0 .48'Zt� WONt.�o o, r O y ( O tl 00 CITY OF SOUTHLAKE, TE ORDINANCE NO. 480-108 ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 20 . 0 ACRE TRACT OF LAND OUT OF THE CHRISTOPHER DART SURVEY, ABSTRACT NO. 2003 , BEING TRACTS 1A, 1A1, & 1A2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11SF-1A" SINGLE FAMILY-lA RESIDENTIAL SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. S, the City of South Texas rule City acting under i opted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the 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 C:\ORD\480.108 L -5 Page 1 r( 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 20 . 0 acre tract of land out of the Christopher Dart Survey, Abstract No. 2003 , being Tracts 1A, 1A1, & 1A2 , and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-1A" Single Family-lA Residential . M I1, C:\ORD\480.108 Ir' + Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section S . 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 C:\ORD\480.108 � Page 3 / -I 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 (W 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 1993 . MAYOR ATTEST: CITY SECRETARY (bW PASSED AND APPROVED on the 2nd reading the day of 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE : C:\ORD\480.108 �} Page 4 EXHIBIT "A" Being a tract of land situated in the Heirs of Christopher Dart Survey, Abstract No . 2003 , Tarrant County, Texas and being that certain tract conveyed to Jimmy W. Hornick, and wife Barbara J . Hornick by deed recorded in Volume 3112 , Page 899 , Deed Records , Tarrant County, Texas , and being further described as follows : Beginning at a point , by deed 1074 .76 feet north of the Southeast corner of said Heirs of Christopher Dart Survey, said point being in the East line of said Survey; THENCE South 89 degrees 39 minutes West, a distance of 1620 .0 feet to a concrete monument for the Southwest corner of this tract; THENCE North, a distance of 542. 95 feet to a concrete monument for the Northwest corner of this tract; THENCE East, a distance of 854 . 25 feet to a point for corner; THENCE South 89 degrees 37 minutes East, a distance of ; r-5 .74 feet to a point on the East line of said Dart Survey for the Northeast- corner of this tract ; THENCE along the East line of said Survey, South, a distance of 527 . 84 feet to the POINT OF BEGINNING and containing 20 .0 acres of land. c:\oxn\4e0.108 Page 5 rY _9 .. City of Southlake,Texas M E M O R A N D U M February 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-08 Preliminary Plat REQUESTED ACTION: Preliminary Plat of Pheasant Lakes, Block 1, Lots 1 - 9, being 17.648 acres situated in the Christopher Dart Survey, Abstract No. 2003, Tracts lA and 1Al. The applicant plans to develop the western ten (10) acres into eight (8) one-acre lots which will be accessed through Hillwood Estates. The Hornicks will retain ownership of Lot 9 and have indicated no further development plans at this time. LOCATION: West side of North Peytonville Avenue in the 2000-block across from Brittany Place Addition. OWNERS: Jimmy W. and Barbara J. Hornick APPLICANT: Betty Hagan CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twenty-two (22) RESPONSES: One written response (undecided) : * Mike Costello, 1862 N. Peytonville, Southlake, Tx. He was concerned with sewage run-off and increased water run-off into the creek on the East boundary. He also commented that the creek now floods to a greater extent than previous years. P & Z ACTION: February 3, 1994; Approved (5-0) subject to Revised Plat Review Summary dated January 28, 1994, deleting item #11 (requiring a dedicated 50, radius cul-de-sac on the subject property) and rewording item #14 to require that the common lot lines between Lots 3 & 4 and Lots 5 & 6 be straightened, but need not be radial. SPECIAL ISSUES: * One-way, private street (25' back-to-back) utilized as a public access easement * The entire public access and right-of-way of Pheasant Court shall be a public drainage and utility easement; however, maintenance of the street and drainage shall be private. * Adequacy of the proposed lots for private sewage disposal systems STAFF COMMENTS: The applicant has met all the review comments of the revised Plat Review Summary dated January 28, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated February 11, 1994. KPG/gj c:\wpf\memo\cases\94-0e.PP '1764 1 �6UW01 �'�' SIl■I■rT �loe � ■�•T11 - N MEWdd at INE, �a ago Rai ■�■ is� / YI►����►. ` RM., - ©"� ■:;�� �����' ®fib©lemon gg ��, . ■�,.- � � ©cam�..., �� Nil INN OCR Mill fir',,li �� �Jt�EJ 0 � �,,�.:,�.�� :,i�=��• �� 2- 1 L wV <U NU mu : Q ^ml < N< « <K t, T � NY1 N� N p N O N n cc ¢n �- Q V (� Win AWLilbV =LL { .� IL rn N N � �N U ; O Z >C N Q (V cc s m < n N O M _ Av IIIANOlAdd _ Z Cn L { a ` N O NN IL �^ � � � L ^ _ W 0 „ L o m co ¢< JJ _ e �� acr IS { N� � N o cv o m ?� _ o n ~ m O Q Q W Z C mlfl CL O W Q LU ci > c s ^I: Q d i � 0 Cc .. Y U # m t N O # ^ N 0 o ' 7 C) LL 0 # a. ... _ ol n < L' Q <� V O J V Q O N a i U Z 1S NVOIWHVId o Q m o m n G L L Q Z J J u K. o ° �µ' A! Si 1'S -« En cc Q Fc 1 -�<l . I 1 City of Southlake,Texas PLAT REVIEW SUMMARY , CASE' NO: ZA 94-08 REVIEW NO: TWO DATE OF REVIEW: 02/11/94 PROJECT NAME: Preliminary Plat - Pheasant Lakes OWNER/APPLICANT: ENGINEER/SURVEYOR: Betty Hagan Warren E. Hacran, Inc. P.O. Box 54845 500 Grapevine Highway Hurst, TX 76054 Suite 472 Hurst, TX 76054 PHONE: (817) 498-5004 PHONE: (817) 577-1952 FAX: VAX: (817) 788-9433 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TOM ELGIN AT (817) 481-55811 EXT. 753 . 1. Please label Lot 1, Block 1 Rougemont as "Approved Final Plat" and show the 5' U.E. along the north and south lines as approved. ' 2 . Provide deed record volume and page for the unplatted Bordman property to the southwest. 3 . Change the existing zoning label on Old Orchard Country Estates to "SF-1A. " 4 . The following changes should be made with regard to the quantitative land use schedule: A. Change the density value to 110.57 d.u. /acre (0 . 8 d.u:/acre excluding Lot 9) " B. Change the average lot area to "85,416 s . f . (45, 902 s . f. excluding Lot 9) 5. Show the east line of Lot 1, Lamp Estates (west R.O.W. line of Peytonville) and dimension to centerline of Peytonville. 6 . Dimension the existing R.O.W. adjacent to Brittany Place (centerline of Peytonville to east R.O.W. line. ) 7. Show the limits of the Floodway through the property. City of Southlake,Texas I i I i . . I I i i i i i i * Prior to approval of final plat, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the number of lots may be required to be reduced in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarant County Health Department . * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement . * Denotes Informational Comment CC: Jimmy W. & Barbara W. Hornick Betty Hagan Warren E. Hagan, Inc. f1C 8-_" ii.i s=F j�=i sl�:';;° si'- = s�i:. - : •ss:s =i o ���� �- e• s A i i i- .s $ Ali! _ i=:= s ei �i=:3w t;:•-- s3: z i = = s=3. 23 ��• p =a: _ •i:. 2'2-:��� :P1iI :i:i„i � =2n�it i�i� ��s::• E�.i��a �.:ss` il�=n .' =::.2s•�2z '�= 4 y � y �� ���ai :�y�i� { 5 I - 8 i is?i=I3 -_: { i-:= := i ; F r• `� .t. : = _'3�: i;i a � 2j;�,3If a • = � _� ! iEa=i i�i3 ia _'ia:fs B='iF a: iaei ? t? a i ' 2# `4 ivy ; t is h .___, ---1— ---L=— FP IR 1 T Nil; ,o' -- '• JJ L_L —d— /� _ 1 I I.A I' r! lit ex @ 11 y LL Air i 1 I �1•I I• I 1 City of Southlake,Texas CITY MANAGER M E M O R A N D U M - a_C1 February 10 , 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Weed Lien Ordinance Attached is the proposed Weed Lien Ordinance . This Ordinance is ready for second reading by Council with no additions or deletions . To recap, rather than amend the ordinance, we have rewritten Ordinance No. 536 to include the substantive differences between the existing ordinance and the proposed ordinance. The majority of these differences are to bring our current ordinance in line with permissible State guidelines . The differences are as follows : Section 5, No. 3 - clarifies the written notice stating that the City may send only one notice for a similar violation, allowing the City to act upon that violation any time during the 12 month period of the original notice. Thus, further allowing the City to take action as permitted in Section 6 when the City has not been informed of an ownership change. Section 6 - outlines the duties and details of the City to place privilege liens on lot or lots of which City expenses have incurred and adding interest on those expenses . Section 7 - the addition of the sentence stating that one notice per year is sufficient for the City, and describing the complaint filed in Municipal Court . All other sections are as originally stated in the current ordinance . I am available for any questions or comments that you might have . "C.,e BC/mr Attachment wp\Memo\WedLien4.Ord t ORDINANCE NO. L c)` AN ORDINANCE PROVIDING FOR REQUIREMENTS FOR THE MOWING OF GRASS, WEEDS AND VEGETATION AND THE REMOVAL OF RUBBISH, BRUSH OR ANY OTHER OBJECTIONAL, UNSIGHTLY OR UNSANITARY MATTER FROM LOTS; PROVIDING NOTICE AND ABATEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; ROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN E OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHE S, the City of Southlake, Texas is a home rule ci y acting under its charter a op ed by the elect to puns to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted ordinances and regulations prohibiting the growth of grass, weeds and other vegetation in an uncultivated manner and the accumulation of rubbish, brush or any other objectionable, unsightly and unsanitary matter within the City of Southlake; and WHEREAS, the City of Southlake now deems it necessary to amend the regulations applicable to said conditions and to provide different methods for the giving of notice to person who are found to be in violation of the above ordinances and procedures for the abatement of said violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1. DEFINITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual . f:\filca\duni\a lakc\o[d inanc\vood2amd_rl )L For purposes of this ordinance, the word "RUBBISH" shall mean both and trash and shall include all animal and vegetable garbage g matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, old iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked or dismantled machinery, tractors, automobiles, and other similar wastes. SECTION 2 . It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, to permit or allow grass, weeds, or any vegetation not regularly cultivated to grow to a height greater than twelve (12) inches upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, or allow or permit any rubbish, brush or any other objectionable, unsightly or unsanitary matter to accumulate or be present upon such property. Provided, however, for tracts of land fc\Eilow\.uni\al.ka\ocdin.o \wo4.d2..d_rl in excess of five (5) acres upon which livestock graze it shall be required only that grass, weeds, and vegetation not regularly cultivated shall be mowed to a height of no greater than 12" within 50 feet of the property line adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. It shall be a defense to prosecution under this section that the grass or weeds are located within the right- of-way adjacent to the rear lot line of a lot zoned and used as single family residential. - • SECTION 3. It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the (W corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, rubbish, brush or any other objectionable, unsightly or unsanitary matter from such property or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, as often as may be necessary to comply with the provisions of this Ordinance. SECTION 4 . All grass, weeds, or vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable, unsightly, and unsanitary, and is hereby declared a public nuisance. f:\files\wuni\alake\ordinanc\veodZamd_rl SECTION 5 . In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city fails or refuses to comply with the provisions of this ordinance, it shall be the duty of the city to give ten (10) days notice of the violation to the owner prior to abating the violation. The notice shall be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner' s post office address; or (3) If personal service cannot be obtained or the owner' s post office address is unknown: (a) By publication at least twice within ten (10) consecutive days; (b) By posting notice on or near the front door of each building on the property to which the violation relates; or (c) By posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. If such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance, and may charge the expenses incurred in having same done to the owner of such property as provided hereafter, in compliance with Section 342 . 001 et sea. Texas Health and Safety Code. The remedy provided in this Section is in addition to the remedy f:\files\muni\slake\ordinanc\weed2amd.r1 c-S provided for in Section 7 of this ordinance . In the notice of a violation provided in Paragraph A above, the city may inform the owner by Certified Mail, Return Receipt Requested, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary date of the notice, the city, without further notice, may abate the violation at the owner' s expense and assess the expense against the property. If a violation covered by a notice under this Paragraph occurs within the one year period and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by this Section and assess the expenses as provided in Section 6 below. SECTION 6 . The charges provided for in this ordinance shall be levied, assessed and collected by the City of Southlake. A statement of the costs incurred by the city to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof . In the event the owner of said premises upon which the work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the real estate on which the work was done, whereupon the Mayor shall file a statement with the County Clerk of the expenses incurred in the abatement of the above described condition and the f:\files\muni\slake\ordinanc\weed2amd.r1 City of Southlake shall have a privileged lien on any lot or lots upon which such expenses were incurred, second only to tax liens and liens for street improvements . The lien statement shall state the name of the owner, if known, and the legal description of the property. Said privileged lien shall bear interest at the rate of ten percent (1016) per annum from the date the work was performed or payment therefore was made by the city. For any such expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the name of the City of Southlake and the statement so made as aforesaid or a certified copy thereof, shall be prima facie proof of the amounts expended for any such work or improvement . SECTION 7 . Notwithstanding the provisions of Section 5 of this ordinance, the city shall, prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, of a violation of this ordinance. Notice shall be given as set forth in Section 5 of this ordinance. The notice may state in part that a violation of the ordinance has occurred and that if the violation is not abated within ten (10 days of the date of the notice, a complaint may be filed in the City Municipal Court or injunctive or other relief may be sought . For any property, one notice per year as provided in Section 5 of this ordinance shall f:\files\muni\slake\ordinanc\weed2amd.r1 be sufficient for the city to seek relief pursuant to this section. SECTION 8 . 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. 536 is hereby repealed in its entirety. SECTION 9 . It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10 . 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 (W that a violation is permitted to exist shall constitute a separate f:\files\muni\slake\ordinanc\weed2amd.r1 C- offense. SECTION 11. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 536, as amended, or any other ordinances affecting public health and sanitation, including dumping or refuse, 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 12 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty (W together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 13 . 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. fc\filos\.uni\slake\ord inanc\weod2asd_rl PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1993. 'MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f �files��uui�elake�ordinanc�..00d2aad_rl "`� c- \O City of Southlake,Texas M E M O R A N D U M February 11, 1994 f TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-115 Rezoning/Hallwood Addition REQUESTED ACTION: Rezoning request for a 26.711 acres situated in the R.D. Price Survey, Abstract No. 1207, being Tract 2C and a portion of Tract 5. LOCATION: West of the Harbor Oaks subdivision, west of Burney Lane. OWNER: Betty Foreman and Peggy Denton APPLICANT: VLMC, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: 11SF-1A" Single-Family Residential District (Block 1, Lots 1-8; Block 2, Lots 1-12; and Block 3, Lots 1 and 2) LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twenty-two (22) RESPONSES: Two (2) written responses received in favor within the 200' notification area. (see attached) Twelve (12) responses received in opposition within the 200' notification area. All other written responses received in opposition outside the 200' notification area. (see attached) Note that there are some duplications between individual responses and the signed petition. P & Z ACTION: January 6, 1994; Approved applicant's request to table and to continue the public hearing until the January 20, 1994 P & Z meeting. January 20, 1994; Approved (5-1) , ZA93-115 to rezone to "SF-1A" . COUNCIL ACTION: February 1, 1994; Approved (7-0) applicant's request to table and continue the Public Hearing until the February 15, 1994 Council meeting. STAFF COMMENTS: The applicant would like to proceed with the "SF-lA" request while working with the neighborhood on an acceptable preliminary plat design. Attached is the first preliminary plat submittal. The applicant will present 2 other options that are currently under discussion at the meeting. Note of the exhibit on page 8A-3, "Adjacent Owners and Zoning" that the encircled lot designations indicate the opposition within 200' and that this area exceeds 20%. Because of this, a super majority of the City Council will be required to approve this rezoning request. KPG/gj l I^ 1 BKIWl ■ �► IJIJIIIIIIIIIII1111111111111111111111111JI1 � /� ull 1111111111111111111111 IIIIIIIIIIIIIIIIIIIIIII Iltlllll Jill 111111 i1i •� • ©J�t,��l�Y� ~ �� fill • ,IIL ll 11120 Will �..•� ;1111111 INOWn NEW Sol Las ���:�� ��`� �■� rites ■ .� TA 11 1.72 do U 2R C.Fretwell TI, R 2C TR 261 TR 2H W .SYBTA 2EAG 17 AC ICr5AC• aOE TON COUNTYAednsonF-1A" "SF-1A' i BURNEY LANE TA. RANT COUNTY TR 2. TR ?r. f R 11 .83 AC J.Morse / t 'SF-w 22 TR 7 .973 4 Q 1 TR 6 TR 2F2 21 NAa TR 7A .96 1 C .836 0 10 M.O'Connor "SF-IA" 10 j P.McCallum 2 t USA 9 1 TSaunders .1 �:S'X;74•iC�::; O 20 rR 6 l C.M� Si AC \ 'SF1A" D.vain HARBOR HA -. - "SF-1AO 6 1. n ' •-;.II.. I. V'1ltiti J.St"mrt "SF-IA" 5 == PIY 4 _ B.KnulzO aldci -- "�- "SF-1A" V. O USA• K Land "SF-1 A" 3 _ - L Rack i - "SF-1A" -TA 261 TR 2Ct M.Gaver - 'SF-IA" 2 i6.2 AC A -9.8 C 1 2 �p •yy O ...�..•,•:•..._.._...a._..•�•{.:::'.:•::• O � -.. ADJACENT OWNERS. & ZONING f C.Packard Gorman iR 'SF-1X' rSF-1 R" I _ _ .I M.Snow \ R.Green`w+od W.eacus R J Burckhard ��-3 :... "SF-1A" \ "SF-IA' W.a "SF-1A" "SF-1A � j j j li�� 11 I ! 1 1 i i 1,� i ij� #= •� � s "'` �_� , i � � i4 !1 5 N I U ph If its is's 1.. U Hi N 04 .4-04.4 04 i. l IR Ile ill, 71 F all 41 OPTION 11 PETITION - HARBOR OAKS SUBDIVISION WE, THE UNDERSIGNED,AS HOMEOWNERS IN THE HARBOR OAKS SUBDIVISION, OPPOSE THE PROPOSED "AMENDMENT TO THE ZONING ORDINANCE AND MAP", AS SHOWN ON EXHIBIT"A". REFERENCE NO.'S:ZA 93-115,ZA 93-117,ZA 93-118&ZA 93-119. BY SIGNING BELOW WE EXPRESS OUR OPPOSITION AND GRANT PERMISSION TO BE CONTACTED DATE PRINTED NAME ADDRESS & PHONE SIGNATURE -/y &vlleaA A&Ca e r- Ric figa-ho r C/I r-� Yr'3 V G 3 L V� eZ /!7 aTCor- C If e �i0 a 6-7 oho #,4,rao r v myg8-qz / /G .4!lle a,e r i q 4.�Lr-094 2 Rio �Y -l 8 a l-1�n�`� .3z�►-o-t o `c`n. -11 Amv ,E G-AvE qo!Jok-am CT 3-q9-0oo 1 -1 q /3arbara n Zy D ,- a 329-6a6 _/rI d Al 5- Af o ti ?i d ZdRrE ,CAr!/�3Z 1`6(p y GLLr /I A . m f�25 E 14,)E l--1 J .2.95-o , vs//Y -1 9 (. 5 !-2 o- eti1 LAND 2,900 Bu/:aEY ZA"er ¢81-¢xb1 -2 oaz&tU `T G-ti qFeOT IL L O 5 o *WE, TITION SUBDIVISION UNDERSIGNED,AS HOMEOWNERS IN THE SUBDIVISION, OPPOSE THE PROPOSED "AMENDMENT TO THE ZONING ORDINANCE AND MAP", AS SHOWN ON.EXHIBIT"A". REFERENCE NO.'S:ZA 93-115,ZA 93-117,ZA 93-118&ZA 93-119. BY SIGNING BELOW WE EXPRESS OUR OPPOSITION AND GRANT PERMISSION TO BE CONTACTED DATE PRINTED NAME ADDRESS & PHONE SIGNATURE u / 0 2 WE, THE UNDERSIGNED,AS HOMEOWNERS IN THE HARBOR OAKS SUBDIVISION, OPPOSE THE PROPOSED "AMENDMENT TO THE ZONING ORDINANCE AND MAP", SHOWN • • '.BY SIGNING BELOW WE EXPRESS OUR OPPOSITION AND GRANT PERMISSION TO BE CONTACTED WAM Fff- �� R � � I • �� ..i• . .ram• �L�1� ' .., "pimp, VWWWWA IMP NOW 1 The following form may be filled out and mailed to the Cit of Southlake Planning and Zoning Commission, 667 North Carr nn n_ Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 + 7DEC 29 �993 i I am (in favor of) (opposed to) (undecided about) t'H `requ for the foll wing reaso 14AM SIGNATURE: ADDRESS: �D &JAA Zd= �^�/ • C:\CD\pZ\ZA93-115.0WN L%Gz� 4� 3 . N Xt 6 r7V1 - 4- Cho &V- 'The following form may be filled out and mailed to 4�e Southlake Planning and Zoning Commission, 667 North C�roU 1,1AA Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 DEC I am (in favor of) (opposed to (undecided abo e request r th follow' g reasons: SIGNATURE: ADDRESS: oL�i'Slo C:\CD\PZ\ZA93-115.OWN ?Icea Gem The following form may be filled out and mailed to the City of Soutblake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 I am (in favor of (opposed pposed to (undecided about) the request for the following reaso SHO(/ 1311 .Z01Y6D K-'St0nff4AL Nor LEss 1NAUr!RyA r Sg2yi s (VY/- Ai hN s —11J eN 1 _/1/ M HAK&R ori-c s f0,01 i 1 on) (,oT c\t f)aRrS 1N Hft%oK 08k5 MpsT COTS IN TIfIS PROP051fh 11REA ARF SLY mlr AsAri. , mn Eayg-E2 AYV /�C466S 10 CURP 6MMRTV SIGNATURE: (p ADDRESS: C:\CD\PZ\ZA93-115.OWN L AM 121994 �1�7L5 Lhe- following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93=115- I am (in favor o (opposed to) (undecided about) the request fpr the fol owing reas?n : WCP"t,kA.J-,, &L� .-G Q < � UV llw J i king, SLta _w J Q, cc%►���,-6 �, ,h�u.x1 SIGNATURE: ADDRESS :C:\CD\PZ\ZA93-115owr `A-ke`�- `; C10 ` 1 Southlake Planning and Zoning Commissioh!!4"ac � Avenue, Southlake, Texas 76092 . O REFERENCE NO. : ZA 93-11S DEC 2 9 1993 j I am (in favor of) aosd t (un e- bouthe- request fo the following reaso - /,4 • =SIATURE: ADDRESS: � J C:\CD\PZ\ZA93-115.OWN The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carrajl"AveritTe;-01�! Southlake, Texas 76092 . ;} . ! REFERENCE NO. : ZA 93-115 �j Or t; z 9 1993 i I am (in favor of) (opposed to) (undecided abou for the following reason it�-Ci �CNC�e SIGNATURE: ADDRESS : C:\CD\PZ ZA93-115.OWN- .. • 'ne =lowing form may be filled out and mailed to the Cite Southlake Planning and Zoning Commission, 667 Nort�?tTMLT-5aii • ;I Southlake, Texas 76092 . r-- REFERENCE NO. : ZA 93-115 U DEC .`z 9 1993 I am (in favor of) ( ose to (undecided a quest for the following reasons : r� I'Vodc /�l yo T`i/J /7 ;r "j Xb�,l�se�. _G�ien!s an",? S£TT��g . -�� waS/�s /roi Pa/r DIc Ou/ - SIGNATURE: ADDRESS: z `I'Z S //� -,. r/� /f /T r/� /7 /T T� C:\CD\PZ\ZA93-115.OWN Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 93-115 I am (in favor of) . oppo d t (undecided about) th requ for the following reaso n Ulm �v IGNATURE: ADDRESS: C \PZ\ZA93-115.OWN ClY\I- W. j 8�_f� The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 --a= = am in favor of) the request for the o asons: SIGNATURE: �liUv� c�tl ADDRESS: C:\CD\PZ\ZA93-115.OWN The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 I am (in favor on - _ (opposed to) (undecided about) the request for t owing reasons : ALTERS. SIGNATURE: ADDRESS: `1> _ / TX c, �l C:\CI1\PZ\ZA93-115.OWN -•��..c r.idLLLL-Lng ana Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 I am (in favor of) (opposed to) (undecided about) the request for the following reason / S,�1i ,.sy�>ia�✓ u�� �o,� ��,e� Go r4 F,-"/ S� SIGNATURE• 1 ! C ADDRESS: o o ,��/ -�/ 0EC 29 1993 C:\CD\PZ\ZA93-115.OWN + -31 ' Tj The following form may be filled out and mailed to_ the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 I am (in favor of) (opposed to) ,(undecided about) the request for the followin rea ns : t SIGNATURE: ADDRESS : C:\CD\PZ\ZA93-115.OWN - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . O REFERENCE NO. : ZA y 3-115 Q�! pTjq 0 3 1994 I am (in favor of) (opposed to) (undecided ab "h�eLrj for the following realZ Q' —&,41 QAa� /��d /Moo QXW - OIL 'R F/j 0"-M-4 CC t& 11,ff'e L SIGNATURE: ADDRESS : < / PLt A/ ��/ • 111C LU.L.LUW.1.11y LULtlt WOLY uv- Liitcu vu.. ........ ----- ----1 --- Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . o(pf1in REFERENCE NO. : ZA 93-115 D DEC z 9 1993 I am (`in favor of) (opposed to) (undecided ab rY�e,-rs for the following reaso �-��` SIGNATURE: - ADDRESS: xo('� C:\CD\PZ\ZA93-115.OWN __--- The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . P3 REFERENCE NO. : ZA 93-115 0 . I am (in favor of) (opposed to) (undecide ci� the for the following reasons : •� C•^�� C D POS e.i1A4 %L- 71J n.nc : --- %N _�JJ\`\ ['�t�T �i�r � �/��o r Q/4�LS �,L� �•.�•'� G� CJ�tc.'Ct� ���� '4-4's SIGNATURE: ADDRESS : - -`"b'� C:\CD\PZ\ZA93-115.0WN The following form may be filled out and mailed to . th„e-; City of :1 21. Southlake Planning and Zoning Commission, 667 North CaJiAvenue�Southlake, Texas 76092 .REFERENCE NO. : ZA 93-115 i L �L i- U I am (in favor of) (opposed t ) (undecided about) the request for the following reasons - n OJs of ia,uk%� Pre�Do SIGNATURE: ADDRESS : L� __ n .rne following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carrold(T-Menue, Southlake, Texas 76092 . i (L. REFERENCE NO. : ZA 93-115 DEC 2 9 1993 I am (in favor of) o ose to ( Pp d _) (undecided abou for the following rea �S cam- F S 1�k\—BY SA)D C5/ C L VC SIGNATURE: ADDRESS: Q The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North C Southlake, Texas 76092 . O r + REFERENCE NO. : ZA 93-115 DEC.2 91993 I am (in favor of) o osed to (undecided abo for the following reasons: t OAS ck-C� ADDRESS : C:\CD\PZ\ZA93-115.OWN The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 I am (in favor of) (opposed to (undecided about) the request for the following reaso . 5 ) O L4-+1 j i'f'i r S 3 ccr ✓K wcfs 1 O 1-S t ra.i 1.5 , }F- Nxi'ure 11- 6 Y zX Ke -f-� b e SIGNATUR ADDRESS: /% rJ C:\CD\PZ\ZA93-115.OWN % ' •. 1 tS R Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . O REFERENCE NO. : ZA 93-115 DEC I am (in favor of) ( pposed t (undecided abo re for the following reasons. • a4ba'e-" Z o�Ct� SIGN TURE: ADDRESS: C:\CD\PZ\ZA93-115.OWN The following form may be filled out and mailed to Altl 301 Southlake Planning and Zoning Commission, 667 North Ca 1. Southlake, Texas 76092 . U11 REFERENCE NO. : ZA 93-115 I am (in favor of) (opposed to) (undecided about) the request for the following reasons : =seam c.ed Cwa er,g0.g Ple�c r1 c7 Mci-�cc. •+ I .►. ec� arc c..es s la►% a,re alre�� at- vQk�al s vta Ynt `( �p°`�`'E`j • SU'7o �'tG'eaS� iv, ho�st►zc� dP.v�Si fzj tt5tn Sams Seritc4s ands ac.��5S is NoT SAFE �- "oT rj best in4car�S-f- of u��rre�-f��-new reside — regitirec� repo✓a.t o�w�an�+rees w�II a.c.fe,✓ - op -Pk -f-ke OLV-e.c' _(ocY'e skl-� -IYb��f t C.4� I cC e✓t �(rah e 4 flan be r Cs LA_,-+ 5 c� C u r� Ye h r-QS J SIGNATURE: �+..r� G.i. ADDRESS: 2-90o X3u tZAJG1f Z_60 -T "" �"► C:\CD\PZ\ZA93-115.OWN The following form may be filled out and ma' f Southlake Planning and Zoning Commission, 667 arroil Av Southlake, Texas 76092 . , REFERENCE NO. : ZA 93-115 t . liL3U Li �J I am ri fav�Q (opposed to) the request for the following/reasons : 66 L r-I- A!6 SIGNATURE: ADDRESS : X The following form may be filled out and mailed to ,th-e City of �outhlake, outhlake- Planning and Zoning Commission, 667 North Carroll Avenue, Texas 76092 . REFERENCE NO. : ZA 93-115 I am (in favor of) o osed (undecided about) the request for the following reasons-, y�{. -CIS re. O J er 0 S e, o oUr Ae.;4 6- W G 11 33i GI CG SIGNATURE: ADDRESS: U! n fi(? \� DEC .\PZ\ZA9a-115.OWN z 9 1993 L11 iij L.-rhe following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Southlake, Texas 76092 . REFERENCE NO. : ZA 93-115 O J AN 0 4 1994 I am (in favor of) (o�. � (undecided abo Tecu t . for the following reason SIGNATURE: ADDRESS : o 7U C:\CD\PZ\ZA93-115.0WN . €f iE: The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North -Avn ,i Southlake, Texas 76092 . o - - REFERENCE NO. : ZA 93-115 JAN 0 4 1994 I am (in favor of) opposed too (undecided abou td for the following reasons : /) n,0'f' ./ M W.,G WClG n/a GC-Cs CiiVel 401YA ru uc/if or Agee- ,9 QqG;r cl 4 //v regfed f-wf- 41 ra(F�L /�e,aoKcl a.ti V _S*h-ai.v We- c�xi�hNv udS%�►es/�✓41 , eos -"d4 /Mixazt IOU,- SA"f f Qk:e �iicr -/o ru rL�e.vrc oS•vc.� 4�rc/q �. l�r uCD/afro.4 p:�- ►e so.//iv `KiGQree, e✓.//cot ccfC- &ge- 'A {-AL /a& S I NATURE: ��. C1.��,O_ , C�.�. a✓. C���/e t a-(�'//ems.. /b , �.•+ ADDRESS: ��l'S , �-,6o r �a r` 7`'(Ct/i�ii,•• �� �o� ,Gbsi.�do��/ C:\CD\PZ\ZA93-115.OWN S) //wreaca cle.,s,-!,� w.•//coal L ~,vy v/rce6 d06 be- a/eclro eo(. GJ�efr 'Oafs as /d�riWhLor UG,(-s /s 4DNc o,44,c U�v,UQw G aNd a,- c�e-Vi u 77/tu�- cr��ors.s `!ors e f &",of 4ws 41,C �Cov.vfr y oV41-;I�o�e -C "�ja7L-�I�Gf/o`er Sefi��Ot. - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . (M�EFERENCE NO. : ZA 93-115 i I I am (opposed to) the request for the lfo low'ng reasons: / �/ �// 1 d a,:. r,,rdiCaTPs Low O$i.r1`�/ res.o%s.T.a1L,,te 4- 7scis p��/ �zo��� o� ��is �•rore a.�.�rv.�r.ar�' �1r�r sF /.a G.:►� a-� /� /o/ /4tCr•ewjP fia7Ti-G 7`0 o'ts� GEC ac�ri� �� fCi�/ 7� 1S LVOu / L / Go/��1is .�2r�J al ?T4s d� im✓ wo--/J le G VAC4�~ s s > -ems d-.,e A 70�te per- Q,.� , „x • sd, SIGNATURE: ADDRESS : C:\CD\PZ\ZA93-115.OWN T � , rDL 9 1993 CITY OF SOUTHLAKE, TEXAS T ORDINANCE I.0. 4 8 0 .................................. ............ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A ACRE TRACT OF LAND OUT OF THE ......................... ................ n........ ........... ... ...... ......... . ..... ... ..................................... ............................... 0 AND MORE... COMPLETEL, ................. .......... "All FROMtt TO ........... ........ I SUBJECT TO THE .................. ............4��. .......... ..... t-n ........ I-NANCE; 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 NEWSPAP AND PROVIDING AN EFFECTIVE DATE. WH the City of Southlake s a home rule City acting under its opted 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 g! . under the City' s Comprehensive Zoning Ordinance;. .. a .. and "" WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of Y 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 2......1 acre tract of land out of Ab >::>:;,<:>::>::>::»:: the ::::::::::: ::::: .x:::::.::::::.:::::::::::::::::::::::::::::::::::::::.:::::::::::: :::::::::::::.::::�3.:::::.::::::.::::::. z2d5, and more fu y and comp ete y C/ORD/480.109 Page 2 V r described in Exhibit "A, " attached hereto and incorporated herein. From ;:A g qti t ra1' to ".>:<:>::::>:.. x g.. *............. _ :.:..:::..:::::::.;:.;:.:::::::::::...:::..... .:...: :....... :.... ................................................ s 1` 0"t _ 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 C/ORD/480.109 C 1 Page 3 1 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C/ORD/480.109 Page 4 I/ EXHIBIT "A" Being a 26.711 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being the tract of land conveyed to Peggy H. Denton, recorded in Volume 10366, Page 2208, County Records, Tarrant County, Texas. Said tract being more particularly described as follows: Beginning at a 5/8" iron with cap set at the southwest corner of Lot 4, Block 1, Harbor Oaks, an addition to the City of Southlake, Texas, as recorded in Volume 388-135, Pages 11 and 12, County Records, Tarrant County, Texas, and also being in the north line of Lot 16, Block A, Quail Creek Estates, an addition to the City of Grapevine, Texas, as recorded in Volume 388- 118, Pages 92 and 93, said County Records. Said 5/8" iron is the most easterly southeast corner of said Price Survey, the most westerly southwest corner of the John Childress Survey, Abstract No. 254, and in the north line of the J. L. Chivers Survey, Abstract No. 348, all in Tarrant County, Texas. Thence S 89 degrees 10 minutes 58 seconds W with the south line of said Denton Tract, departing with the north line of Quail Creek Estates, 620.77 feet to a Corps of Engineers concrete monument with brass plate(all monuments hereinafter are so marked) stamped C231-5, being the most easterly southeast corner of a tract of land conveyed by deed to the United States of America, recorded in Volume 2378, Page 567, said Deed Records; Thence along the easterly line of said United States of America Tract (Grapevine Reservoir), and the westerly line of said Denton Tract the following courses and distances: N 00 degrees 39 minutes 49 seconds W, at 4.05 feet past the north line of Quail Creed Estates and continuing in all 939.77 feet to Mon. No. C231-4; N 89 degrees 22 minutes 01 seconds E, 499.73 feet to Mon. No. C231-3; N 18 degrees 13 minutes 56 seconds W, 673.70 feet to Mon. No. C231-2 (monument broken) cn the nu:-th line of said Denton Tract; Thence S 89 degrees 27 minutes 50 seconds W with the north line of said Denton Tract, 129.08 feet to a Corps of Engineers concrete monument with brass plate stamped 233-6; Thence along a line of United States of America (Grapevine Reservoir) the following courses and distances: N 17 degrees 29 minutes 57 seconds W, 879.44 feet to Mon: No. 233-5; S 78 degrees 19 minutes 22 seconds E, 435.29 feet to Mon. No. 233-4; S 87 degrees 11 minutes 17 seconds E, 226.29 feet to Mon. No. 233-3; N 89 degrees 16 minutes 30 seconds E, 54.59 feet; Thence S 00 degrees 43 minutes 30 seconds E with the west line of said Harbor Oaks, the east line of said Denton Tract, and said common survey line 2315.46 feet to the Point of Beginning and containing 26.711 acres of land. C/ORD/480.109 Page 5 City of Southlake,Texas M E M O R A N D U M February 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-01 Rezoning/Concept Plan REQUESTED ACTION: Rezoning and Concept Plan approval request for 15.49 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1. LOCATION: West of the Bicentennial Park. OWNER/APPLICANT: City of Southlake, Texas CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Nine (9) RESPONSES: One opposed (within 200' notification area) : * Lisa Bailey & Francis Nathan, 535 Love Henry Ct. , concerned with noise, potential vandals, view, and bright lights. One in favor (within 200' notification area) : * Marian Truelove, 323 S. Madison, McGregar, Tx. , commented this will increase and expand the recreational facilities for the youth of Southlake. One not opposed, but offering the following concerns: * John & Kim Campbell, 498 Love Henry Ct. , concerned with the safety of children due to the close proximity of the parking area to the playground, potential noise, long game hours and lights. (See attached comments and recommended redesign of the park layout. ) One in favor (outside 200' notification area) : * Harold Anis, North side of Love Henry, had same concerns as John Campbell. P & Z ACTION: February 3, 1994; Approved (5-0) subject to Plan Review Summary dated January 28, 1994 with the following stipulations: * No lights past midnight * Directional lights required * North bufferyard to be increase to 11F1" * Formal presentation be made at the City Council meeting. STAFF COMMENTS: The City of Southlake is requesting to rezone for the proposed expansion of the Bicentennial Park. The City requests that the required East, South, and West bufferyards be waived and that a 11F1" bufferyard be substituted for the required Bufferyard "C" along the North property line. The 11F1" bufferyard exceeds the required Bufferyard "C" and includes a 6' wooden fence. Community Director Greg Last will describe the evolution of the City' s proposed layout and the design criteria at the meeting. /KPJGt/ggj 1�1 A HE JL NEW ReMEN b ►. � , .v IiRr�:mow -- j� .:� �����`�A��� �1�� �� ����1�■fir I� ..��+� -MEN MINIMton IN ■ Al +111► .�.�; ��jl��.�.�Ir����.� iL3'�i r��.a�■11�`�I �'�,,�%ice � lad JIM Mon OPEN WE Neill �� . ��1�I�pl■ .�, ■ ■tea �il�l �^ ^ • .a ■.■■/■ a ..... 1 p its 1 /♦ ■�■ � �� �771 r �;:� ;fin �- �►v��I: ��� O Y U ¢ O If Is L >71 � N U - O ¢ t6 LL - = o ., ¢ o ¢ m r U e-� � ID i r = cc tn Y.1 cn V w :.1 g lYII .. w x Q m CD ,el Y N i U a _ ' J m t•' 2 rO Q ¢ � o x d 4Y N [YI Y,i Lrt ti rill NI000, LYI 1,1 c C be W L � W J� J J U o � d Om Q � � ¢ c � 2 1 3 Z W U cn U U Yr, i-rN Q (V Q N Q C.)m 2 cr. ¢ O O ¢ Q r N — r to _ r to in LcS O j 99 N t 2 V U U Q Q U Q ¢ m 's m m 3 ¢ � If ¢ r > \ Y.1 L aY T m U m Q m Q m 0 E Cc ¢ m m r r 1 .1 m a•1 N Cc Q eYc City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-01 REVIEW NO: TWO DATE OF REVIEW: 02/11/94 PROJECT NAME: Rezoning & Concept Plan for CS Zoning Request for 15 .49 Acres situated in the Littleberry G. Hall Survey, Abstract No. 686, a portion of Tracts 2A, 2B, and 3D1 OWNER/APPLICANT: City of Southlake, Texas 667 North Carroll Avenue Southlake, Texas 76092 PHONE: (817) 481-5581 FAX: (817) 488-5097 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 02/07/94 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. Provide the following table showing required bufferyard planting calculations: REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-580' 10' -C 10' -F1 17 23 70 East-554' _None None - - - East-611' 5' -A None 6 12 49 South-520' 10' -B None 10 16 52 West-1, 164' 10' -B None 23 35 116 * 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. It is noted that no handicapped parking spaces have been provided and handicapped parking spaces must meet state and federal requirements prior to issuance of a building-permit . * Denotes Informational Comment c:\wpf\rev\94-01.Z&C Q a-4 707MMMA Ld33NO:) 1s3no3w DNINOZ-SO.UO:I_NV-Id ld33NO:) ECOL-ceg Uts) 9009t st-al%-MkMm s'I-om 0,410 elciodico ot I I —7,—• . , -A S31VIOOSSV ONV nVHjV3H3 ----- — to .,,,7, 'OAIG 73dVH:)311"M'N / I g � b� i t 1 I -6 c:) _ry Ix CL x -Pg 0 A s01- 7-E S7*04*37*E I AVIA-w'A 163.14' 161.19' 227.34 5 ."mr-m E. 55 it z INS =uiFTnmrm < < V < < I ul j .A;o kavms Z,o Ro : r Ali;; � � i i I < _��_ "Id MAIL u z 7T CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING ................... ................... APPROXIMATELY A ? ACRE TRACT OF LAND OUT OF THE ................... ................... 1 .. :.. ! a!:::::::...•: r.. x.......::. P Q <?t }<: MC5�2E,...FULLY AND CbNipE'I'ELY DESCF2IBED.........IN EXHIBIT "A" FROM of : :.:::::......:... ;: ' a TO #: tt<> " ar • 3t `. ' SUBJECT TO Tf E SPECIFIC REQUIREMENTS C0DTP,fR9ff1"fff§"012DINANCE; 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, (w 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 €{` ><> Z= <> under the Cit ' s Comprehensive Zoning Ordinance'" :aricl WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading C:\0RD\Z0NING\480.110 Page 1 {� — 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 1 ° .46 _ acre tract of land out of the " be '.:::.::::.::::::::::. ........... .......................... .. .. ................... f 11 and �c :::>::>o :::>::>' : .....�.....::::::fig.....` and more u comp�.etely described ri Exhibit attached hereto and incorporated herein. C:\ORD\ZONING\480.110 Page 2 Fro to :.;:.: ;::<::<::::<:>::>: J rt:i : ::;:<:::......i. Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense . Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued C:\ORD\ZONING\480.110 I '- Page 3 I 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE : C:\ORD\ZONING\480.110 Page 4 CJ EXHIBIT "A" Being 15.49 aches of land out of the Littleberry G. Hall Survey, Abstract 686 in Tarrant County, Texas and being more particularly described by metes and bounds as follows: Beginning at a fence corner, being the northeast corner of a tract of land deeded to W Ralph Evans as recorded in Volumtie 4543, Page 782 of deed records of Tarrant County, Texas. IIE3ICE South 1 degree 7 minutes 0 seconds East, a distance of 165.14- feet to a point for a corner; THENCE South 1 degrees 57 minutes 27 seconds East, a distance of 161.19 feet to an iron pin for a corner; THENCE South 2 degrees 4 minutes 37 seconds East, a distance of 227.34 feet to an iron pin for a corner; THENCE South 1 degree 42 minutes 24 seconds East, a distance of 610.55 feet to a point for a corner; THENCE South 89 degrees 24 minutes 42 seconds West, a distance of 580.00' feet to a point for a corner; North 1 degree 43 minutes 47 seconds West, a distance of 1164.42 feet to a point for a corner; ZHE'2ICE North 89 degrees 26 minutes 0 seconds East, a distance of 580.o0 feet to a fence corner, being the point of beginning and containing 15.49 acres of land more or less. C:\ORD\ZONING\480.110 Page 5 {) RECOMMENDATIONS RELOCATION OF KEY FIELDS DUAL ACCESS ROADS SECURITY FOR PLAYGROUND OCCUPANTS USE OF LANDSCAPING FOR ALL CONCERNS ADDRESS THE TYPE OF LIGHTS , PUBLIC ADDRESS SYSTEMS , USE OF TIMERS PROPOSAL PLAT OF BICENTENNIAL PARK, SOUTHLAKE, TEXAS I. USE OF PARKS A. COMMUNITY 1. Little League Baseball 2. Girls League Softball 3. Church League Play 4. Soccer League Play 5. Co-use with Carroll ISD D. CITIZENS 1. Picnic 2. Playground 3. Tennis Courts 4. Community BW: ding II. DISADVANTAGES OF PARKS AS DRAWN A. SECURITY 1. Use of exterior road and parking lots a. Main road cuts through body of park: b. Parking lots must be walked through to get access to playground and concession stand 2. No use of roads for dual access a. Traffic Low b. Confusion on where 911 responses would be routed and possible loss of critical response time B. LIGHTS 1. Lights carry over into residen-?al property 2. Lights are le-Ez on when not in use, waste of electricity C. NOISE 1. general crowd noise 2. Use of public address systems a. Announcements b. M usic III. ADVANTAGES OF PROPOSAL A. SECURITY 1. Use of exterior road to secure the area, possible use of gates to secure access 2. Secure playground, accessed easily from fields of participants of age similar to those using playground 8r3--1,3 3• No walking :through parked cars, or crossing of _ roadways of young children 4. Dual access to clear parking easier easier to reach the interior of park from either entrance B. LIGHTS 1. Relocation of major (older) fields away from residential property would lessen the use of lights at later times of the nig ht 2. Use of fencing and the planting of evergreens would shield light from overLghting residential homes 3. Use of automatic timers would save utilities 4. Strategic aiming of some lights would secure the parking areas C. NOISE 1. Relocation of fields with high occupancy loads and announcing habits closer to the commercial area 2. Use of landscaping as a noise barrier, as well as a windbreak for fields I I I 1 \ -OATH -13dVH0 ?!IHM 'N 1 � � f 1 I I I c• [: - ' -I' 1 1 I�11++lIIll+1 + � 1l,,lllhljl _ _ I ; I; 1 ,,:f I,Ev 01 _ r 1 1 1 7 1_ S� I IL _ (1w i iu!J 11 111 1 a i f i � a j •� I � I I I�Islslslelalal City of Southlake,Texas M E M O R A N D U M February 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-02 Rezoning of 6.0 Acres REQUESTED ACTION: Rezoning request for 6.0 acres situated in the M. Mahaffey Survey, Abstract No. 916, Tract 4. LOCATION: South side of Bob Jones Road approximately 1/2 mile east of North White Chapel. OWNERS/APPLICANTS: Peter and Julie Landesberg CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-1A Residential LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The applicants are requesting to rezone the property to develop one single family residence. NO. NOTICES SENT: Seven (7) RESPONSES: One in favor: * Harold Knight, V.P. Indian Creek Properties P & Z ACTION: February 3, 1994; Approved (5-0) W KPG/gj (awl c:\wpf\memo\cases\94-02.Z 1 1 I 1 H. HARRIS I.Q. MELCHER NG A. oao asom AP 1 4 . Tau A .wr,•..N.. REIS D. p 1110E „ is OF 07 ' " 1 w 0o OY ,7 11 p • N A U U N i! N t W. r� 7 ; • N icR.I bA Y • 1 1 I � - '-- ------- ---- � RIME IREIs✓MIYY• 1 •-NOIIr 11 JI L JOSS H R 1 --- e. EDLI4 71wrr 1 W. i'J11LLS !/ lfw./Y MIll1 ,, yi DAVID DOUTHIT T �• I C awpr r-r•uo ' •1 i _"}— --- — -- - -- - _ DENTON —�---- n � 6 J. HENRY 1 u w!. PILLS TARRMIT �; ——— — — P�IEDLIN- ZA DAVID DOUTHI ' "^" w -- ' C140 7 )w !Q t u.p: TRACT MAP 1 ROOD j y4pA 7•N ~ ,.• w• 'YL w n T Q U N mU N at m U) Q :V t NU ¢ mQ U) Obi Of CO I N N Q r N _/1 O � ' yF m N N N N 64 c w I .�/� o O�' Y m Q O m U D ` 40 V r U7 /' J ~ U1 a N N m a U) to n 5 3 O a I �Ivt / U w N N Q . Q I ~ = ¢ M- Q $Cn V bN N N N N N f N m Q w m nxG8oy0�� c280 1S3N 3 U)UU)U QW¢Q y ¢ , y I , m Cl)m v/ v inW' n I m cc uj I U z 3t! N` X�3d �aIL) ma m I Z m Q m ¢N m ¢ H m F-N N r m N r m m D Z , w w In I m ` 0 r Z N I � � m � m Q m Q 14 N W Q ¢ N r N m . ¢ co —VLSI 1 r ¢p a na n u?U m m r cc CCN Q N N ^ rN r O w Q N Z cn Z m ' r mQ- - _ .- -- ma O N O cu 100tls I ¢ m Q m 0 N— C� w - m N i O N N w O am I V Q i rn w N N a a m i O I O ¢m — N (n V 0 to I n m w m ¢n n I Ir r o w to m io I C] O - w a Lr _ - v = \ m 1O w ,7. U 4NQ pU N m N w I ¢ n .¢ w ~ 5-7 rn w -- N Of U) N U) a v a l a CITY OF SOUTHLAKE, TE ORDINANCE NO. 480-2�>� ORDINANCE AMENDING ORDINANCE-NO. 480, AS AMENDED, THE OMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY. A ACRE TRACT OF LAND OUT OF THE I > �? ` ...... :..............�.a �T::::. I AND MORE Ff7L'L` 'N CbMPDETEL ,.: S`C2TBED;:::T • EXIBT: :,��;1" FROM ;•: > TO W.N.X. DEEM SUBJECT TO' THE SPEC �`IC REQY7T ME 5' �ONTI�T�E'�S lY � ffY 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 DATE. WHE enk City of Southlake, Texas is rule City acting under its Charter a Lopted 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 tow 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 # xr.:. tt under the City' s Comprehensive Zoning Ordinance; and • ' '""""" WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:\ORD\ZONING\480.111 Page 1 ) areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and,' WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a # acre tract of land out of the :::::...:.;::.::::::::::: and more fuYly and competey cescrbe ri Exiit "A; " attached hereto and incorporated herein. :::::::.:::::::._::.:.:.:. .:...................................... From :: Z .: a:Ca : : t o :>::> F: IP 5: ..: : &fnj:;:: .......................................................................... ........................................................................... ........................................................................... C:\ORD\ZONING\480.111 �-`5 Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of -the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000 . 00) for each offense . Each day that a violation is permitted to exist shall constitute a separate offense . Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the (bW 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 C:\ORD\ZONING\480.111 QfI� Page 3 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORD\ZONING\480.111 Page 4 EXHIBIT "A" Commence at the Northeast corner of said 58.078 acre tract in'Bob Jones Road at the Northwest corner of a called 3.159 acre tract described in a deed of record in Volume 659, Page 484, Deed Records, Denton County, Texas, thence West 218.35 feet along Bob Jones Road to a nail set. inn• same for the Northeast corner and POINT OF BEGINNING of the herein described tract and from which said point a 5/8" iron found at the Southeast corner of Lot 1, Indian Creek Addition as shown on a plat of record in Cabinet D, Slide 198, Plat Records, Denton County, Texas, bears N. 310 - 24, - 43" W. 36.84 feet; THENCE S. 00 - 33' - 03" E. 998.77 feet to a �" iron set for corner; �THEKCE S. 890 - 22, - 02" W. 261.31 feet along the Northerly line of West Beach Addition as shown on a plat of record in Volume 395, Page 597, Deed Records, Denton County, Texas, to a h" iron set in same for the Southwest corner of the herein described tract; THENCE N. 00 - 33, - 03" W. 1001.66 feet to a nail set for the North- west corner of the herein described tract in Bob Jones Road in the North line of the called 58.078 acre tract, above referenced; THENCE East 261.32 feet along the North line of the last referenced tract in Bob Jones Road to the POINT OF BEGINNING and containing 6.00 acres. C:\ORD\ZONING\480.111 Page 5 City of Southlake,Texas M E M O R A N D U M February 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-06 Rezoning of 9.998 Acres REQUESTED ACTION: Rezoning request for 9.998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. LOCATION: 2815 W. Southlake Blvd. OWNER: Ruby Slayton APPLICANT: Charles Slayton CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-lA" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: _ The applicant is requesting to rezone the property and subdivide the acreage to allow her son to construct a single family residence on one acre. NO. NOTICES SENT: Nine (9) RESPONSES: Two in favor: * Jerry Hall, 2620 W. Southlake Blvd. , Southlake, Tx. * Douglas Beavers, 2271 Union Church Rd. , Keller, Tx. One opposed: * E. John Keller, 2906 W. Southlake Blvd, Southlake, Tx. , concerned with rezoning the land, however, he verbally withdrew his opposition. P & Z ACTION: February 3, 1994; Approved (5-0) KPG/gj c:\wpf\memo\cases\94-o5.z �a�-1 OEM II/ WNW ■ �' �i Re�b . .. �. �' lie CAI I�AMA- ----► ��� ... mm s teaBED ., ��� •. MLCJ r,M� �►:�t•w ■ ♦� -vim mom ■. q III��I r r ■ ■■■0 EM �,. film IN sue ST NON ----------- - lp Empli _IIr_ � . (no t9 Ll to CC cc m m r v Q u Q tfl a ¢Q OU M)ID ¢ ITr i(7 a O ¢o r rn m J u a S N N p C� N m ,p C ¢m _ _.-.-._�.. ._ .---.-r-_ 0 r ° + N a a C to I- m ¢ cr r tnN �x? ¢(U r Ifl Q Q m Q W Z C7 z _ 0 z J m cc in Z U u- O - ----� Q m � ¢ Z N 1C fr r W o . a Q cu Q u.-, N o Q U N n• I- - ID s ¢AI f,9 r GI ¢b ¢ O Q vN rm r lqln u 1. 3 N y ¢ . N Q tU U N N Cn n ¢ U. r • w 0 I F +Q �u Qa > ------- -- - vm �v ¢a ¢c �i m n N Cc N Q n C r N 7 Ln Y a N - n L cca W W leQ Y Q i s 7 u 7 Q CXto p I O Q Q Y N ' Q^ ¢N ¢O r N m ¢ r ¢ r am to _� _ Q a� m `•m ¢ ¢ x ¢ ¢ h cm v r N ¢ \ U W a w rn v v ccm J Ccrm ¢R r rn O m w _u cli Q .a+ a Q u vN v Q J Q • = a ¢(D 2 f- ¢ h r --- - N 0 3 Q ma ou /7 Qv CI OF SOUTHLAKE, TEXAS ORDI NO. AN RDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE C PREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, XAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR RACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A '.>. _ 3 ACRE TRACT OF LAND OUT OF THE .......... AND MOT2H 'i7LLY....A�7� COMPLETELY DESCRIBED" Ir7:::: XH'I' 'I +'""ii �i FROM TO I 3 _ :.SC1BC'`Y'::::TO THE ::SEIF :: REQUMENTS:;>;COIVTATII 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 SPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cit of Southlake, Texas is a ho rule City acting under its Charte adopted by the electo e pursuant to Article XI, Section 5 of the xas Consti and Chapter 9 of the Texas Local Government Code; an , WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as €I"7 '�s� under the Cit s Comprehensive Zoning ................................ Y p Ordinance; and;:.;:.;:.;:.;;::: WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:\0RD\Z0NING\480.112 8 �� Page 1 b 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 9S acre tract of land out of the and more fully and completely cescr lied ri x ib i.t "A, attached hereto and incorporated herein. From #:AG!!::::<:»::;:. r :.:..t :: a:l: to €:::><:: >:>;:,�s.F:: � .":::::::::>:::- z�. 1; ::>::>::::> `� .. .......«:.;:.;:.;:.;:.;: : ;;:.;:.;;; ;:.;:.;:.;;«<:::<;.: ................ :.3;;:.:;:.;:.;:.;;:.;:.;:.:.;:.;:.:;.;:-;:.:.::;.: .............................................................................................. C_ C:\ORD\ZONING\480.112 r..� Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract' or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000 . 00) for each offense . Each day that a violation is permitted to exist shall constitute a separate offense . Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but but may be prosecuted until final C:\ORD\ZONING\480.112 ,� — Page 3 \ D 111 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 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED• EFFECTIVE: C:\0RD\Z0NING\480.112 O DJ i Page 4 EXHIBIT "A" BEC3ZMUM at a found 3/4 inch iron rod being by deed East a distance of 950 varas, North a distance of 428.96 feet, and West a distance of 300.0 feet from the Southwest corner of the said J.G Allen Survey; THENCE N 890 58' W a distance of 302.91 feet to a found 5/8 inch iron rod; THENCE N 00 04' E a distance of 648.15 feet to a found 1/2 inch iron rod; THENCE N 00 O1' W a distance of 279.18 feet to a found 5/8 inch iron rod; THENCE N 0° O1' 30" W a distance of 493.56 feet to a found 3/8 inch iron rod and being in the South right-of-way line of F.M. Highway No. 1709; THENCE N 890 34' 30" E along the youth right-of-way line of said F.M. Highway No. 1709 a distance of 362.47 feet to a found 1/2 inch iron rod; THENCE South a distance of 1441.31 feet to place of beginning, containing 9.998 acres or 435,494 square feet of land. C:\ORD\ZONING\480.112 Page 5 ti City of Southlake,Texas M E M O R A N D U M February 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,- Zoning Administrator SUBJECT: ZA 94-07 Preliminary Plat REQUESTED ACTION: Preliminary Plat of Block 1, Lots 1 and 2, Slayton Addition, being 9.998 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1. LOCATION: 2815 W. Southlake Blvd. OWNER: Ruby Slayton APPLICANT: Charles Slayton CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicant is requesting to rezone the property and subdivide the acreage to allow her son to construct a single- family residence on one acre. NO. NOTICES SENT: Nine (9) RESPONSES: Three in favor: * Jerry Hall, 2620 W. Southlake Blvd. , Southlake, Tx. * Douglas Beavers, 2271 Union Church Rd. , Keller, Tx. * Johnnie Brumbalow, 3002 W. Southlake Blvd. , Southlake, Tx. One opposed: * E. John Keller, 2906 W. Southlake Blvd. , Southlake, Tx. commented he would withdraw his opposition if Lot 2 be allowed. P & Z ACTION: February 3, 1994, Approved (3-2) subject to Plat Review Summary dated January 28, 1994 with Lots 1 & 2 having a common access easement and 100' lot width requirement to be addressed as a informational comment. Dissenting votes were not in favor of requiring the common access easement. SPECIAL ISSUES: * Common access easement for the driveways along F.M. 1709 (Item #3 on review letter) * 125' rear lot width of Lot 1 (Informational comment #2 on review letter) * Further subdivision of Lot 2 will require that all lots first have a minimum lot width of 100' along F.M. 1709, that a 50' R.O.W. be dedicated and a 31' street be constructed to access the rear of the property or that the property be combined with adjacent properties for development. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated January 28, 1994, with the exception of those items addressed in the attached second Plat Review Summary dated February 11, 1994 . KPG/gj c:\wpf\memo\cases\CC94-07.PP 8 �- I I gym, �Yr�����►� , r ..Ai ■.on Ea zi ■�Nzy� � =������ ®a�� ■.-,��1 �1j� ®fib WORM nr�� Ea EpED Elf.In ET MA izi caw NSA FEW 1© r rgg .■1.OEM ,■Lim , ' ������'�����' � a: J'-- I ■ � son VA IN ��. � —tip :�r�� ►�`�'' ��,: �; ��'� A�'il�� ��1,�.sue' �� �'��■■���:i�i1. ■■�., ©� •vs� ref���� �■;■��r!1�,�:: m a mm U �m o U in cc in o Q r cc r m o v a u tnM) 'n¢ v u) /C-� a ou 1O m a o ro m a _ N N �A N m •v f ^ tV ¢ a C In F N Q Cc r q W)1 o V_ C cr <>� it)N N ¢ m r i. cc co z C7 u _ v O z m m + m ¢� Z u ¢ t i a) r � U. a n v ` O ` S I ; cc en ¢ fz N Y f V Z a Q t0 U N a Q a U N n iO s J ¢L m c� r O U N Q 10 cr o a aN rm 0.- cmc nU r� 3 N 11 N a r U w U N J O n 1 y r .1 o v U W n u u ¢ > 2 u R atl� F vw ra ¢o mL v o n, N KQN Qn •N r - O a s J r - < a (V N 2 3 ¢ W Y a Q< v a o u ) o ^ v v to m O Q r^ 2 n cr.N 10 r N W r Q a m N@I -"@i SQ S = S vm v m vmv tD V QN r-..-. cr m ` Q _ U O a W I w v Q v � ) rcr r rn r ti O co J W .¢ Y a a U cu a a u J a aN v K S v .=m ¢ " ¢ r �E- a m Q �u m a a¢ City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 94-07 REVIEW NO: TWO DATE OF REVIEW: 02/11/94 PROJECT NAME: Preliminary Plat - Lots 1 & 2, Block 1 Slayton Addition (Lot 2 & Lot 3 , J.G. Allen No. 18 Addition) OWNER/APPLICANT: ENGINEER/SURVEYOR: Ruby Slayton Thomas L. Thompson 2815 W. Southlake Blvd. 1400 W. Euless Blvd. Southlake, TX 76092 Suite 102 Euless, TX 76040 PHONE: PHONE: (817) 267-9269 FAX: FAX: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TOM ELGIN AT (817) 481-5581, EXT. 753 . 1 . To prevent confusion with the naming convention for plat showings, please change the title of the plat to Lots 1 & 2, Block 1, Slayton Addition, and make corresponding changes on the graphic and in the owner' s dedication. (Lot 2 as shown becomes Lot 1 and Lot 3 becomes Lot 2 . ) 2 . Label existing zoning on the Jellico Estates, Goodell, and Brumbalow properties (SF-1) . The Planning and Zoning commission requested a common access easement on Lot 2 (formerly Lot 3) to provide access for Lot 1 (formerly Lot 2) across Lot 2 . Show and label a common access easement of sufficient size to incorporate the common use portion of the existing drive. * At the time of the final plat of Lot 2, the 50' easement should be increased in width sufficient to handle the ultimate 100 year flows if no channel improvements are intended. * Although the rear lot width of Lot 1 is not 1251 , staff feels that the intent of section 8 . 01 E & F in the subdivision ordinance was to protect larger lots from lots less than one acre and would not apply in this case . * With regard to possible future subdivision of Lot 2, the applicant should be aware that the minimum lot width (measured at the front building line) is 1001 . * Denotes Informational Comment CC : Ruby Slayton Thomas L. Thompson LL'' � SE� T- EST SOUTHLAKE BOULEVARD F . M . 1709 (Under Construction) AREA FOR .7/e' 1.r. comt-10N f>4 foiid N 890 34, 30" E — 302.47 t SMT i 2 i 00' found trees Buildin trees Itrees I Lot 2 I �I I roW M residence N po ine� to remain LO d' rh CIAS INC. Ell 3 1 = trees ? o� M N O 1629 a� Z 1 .00 cc 43,560 sf I O ram Z \ bldg \ L tre a metal barn I �\ a of I � � WE \ \ 100.01 found I \ \ \ Q. trees \ 0 � trees !'I I \ S � pond \ a. trees n a�� :7+�t� � � 4r a� € 5�q•• ��3g 2 I < °xW� m,o�on n 01 �f. � � $ � � d` Ep � gAi � =tt�[gpppx Ij �rS ►-�� • oae E b�- J!. pp E .a �• a b Q YS8? ; 6 ua _j WN•en o a'p�. �g^.• 8 b `� 9€ �� 4Y '��u9� b R�g€ x fi ^ O° �„S ;°'.nn 9 � t iii^n .. a •a �i�j egY� fi a Yd a` rs s 5 1E�l1 =rggg b � s' e O F y N s, Ult C�BZ �?� � � _� •' 7Y � j��gz �cFgj � � o� �' e :: • ti tig s. 5 3f a g o a � e 3 g - _ _} _� gr � ��fi� r� ���Y1 � N •op u P ��� 00 � Q � wa•5� J C JFt•Y r $--fib o • "...oe � m > a ,• .... _ K70 or'lr t 1 ' -j i Y 11 Ift ( 'It t •. =i e s � • � I � e Q zQ �. Jw Nw N 1- 1 . �w zw =" �Y QY zp OL � J N r City of Southlake,Texas M E M O R A N D U M February 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-04 Revised Concept Plan REQUESTED ACTION: Revised Concept Plan approval to a existing church facility being legally described as Lot 2, O.W. Knight No. 899 Addition. This submittal is identical to the previous submittal. The purpose of this submittal is to clarify the applicant's request to relocate the one-story frame building from its current location to behind the existing church building. LOCATION: 940 South Carroll Avenue OWNER/APPLICANTS: First Baptist Church CURRENT ZONING: "CS" Community Service District LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: On September 7, 1993, the City Council approved "the 2nd reading of Ordinance No. 480-94, subject to the Plan Review Summary dated August 13, 1993, ; granting the following variances: 1120%; reduction of shrubs within the bufferyards, a division of plantings between Phases 1 and 2, and allowance for the one-story frame building to remain at its current location until the necessity of the fire lane. " The ZBA granted approval of the side yard variance request on September 30, 1993. This variance permitted the encroachment of the existing building into the required side yard and the proposed office addition to be constructed as noted on the plan. All other new construction must be in compliance with the 15' requirement. NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: February 3, 1994; Approved (5-0) subject to Plan Review Summary dated January 28, 1994 and per the City Council' s recommendation on September 7, 1993; and adding that the one-story frame building could be moved behind the church at anytime, that its relocation was not subject to fire lane/parking construction. STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated January 28, 1994, with the exception of those items addressed in the attached second Plan Review Summary dated February 11, 1994. Note that a review of the meeting tapes of the August 5, 1993 P & Z meeting and the August 17, 1993 and September 7, 1993 City Council meetings reflect that there was no discussion on the relocation of the building behind the existing church, but /n that the building could not remain in its current location during fire lane construction. KPG/gj ?Cr J/ ♦ '� R � I•,'f.' �I f � ice. �.��r )- ��� i f � ©■ice r� �r�G n v��L>I!I.a G• ■ W2f'���•1LW'Ji �J r- !I • �I it :� I .• • � • i i 1 I� c N �u �i CE< ¢� < I NU � I ¢O r ` 1 IU a a =7D I U _ .+O ¢O r m 0 r f N w O W U y N 0 _ a I w x � I s w. N.w U = to a:m � s ¢ m r N 3� — — Roe- Of4 au ,Ga — — — 0 - cc c 4 <<O -cc U y O < U O Ct � I w d w q cocc^ cc N ccp ra r 6W R a Q � PC O m f S r cy w < < O ccp U D U ¢ < n to o X w f co o m w w I ¢ o w x = Cc ou U - r N < RU � W a co tn N w mQ U U I N f n � m a N N N 10 n a a cc � U P. r� a w << I o R ¢l j me ID m �N 10 r m O Q 1 ¢N ¢RI r r r — ———————— .a m m"w mf j Qm m m0 \ U< Q Q ¢T. R 7 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-04 REVIEW NO: TWO DATE OF REVIEW: 02/11/94 PROJECT NAME: Revised Concept Plan for First Baptist Church, Southlake, being 2 . 1912 acres legally described as Lot 2, O.W. Knight No 899 Addition and being more commonly known as 940 S. Carroll Avenue OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: First Baptist Church J.D.R. Associates, Inc. Rev. Falis Holloway, Pastor 105-A Bedford Road 940 S. Carroll Avenue Bedford, Texas 76022 Southlake, Texas 76092 PHONE• (817) 488-8698 PHONE• (817) 280-9292 or 268-2483 FAX• FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 01/10/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAR.EN GANDY AT (817) 481-5581, EXT. 743 . * We find the applicant has met all the requirements of our previous reviews. * This submittal is identical to the previous submittal. The purpose of this submittal is to clarify the applicant' s request to relocate the one-story frame building from its current location to behind the existing church building. * On September 7 1993 the City Council approved "the 2nd reading of Ordinance No 480-94 subiect to the Plan Review Summary dated August 13 1993 • granting the following variances : 1120t reduction of shrubs within the bufferyards a division of plantings between Phases 1 and 2 and allowance for the one-story frame building to remain at its current location until the necessity of the fire lane. " * The ZBA did grant approval of the side yard variance request on September 30 , 1993 . This variance permitted the encroachment of the existing building into the required side yard and the proposed office addition to be constructed as noted on the plan. All other new construction must be in compliance with the 15' requirement. * The applicant should be aware that prior to issuance of a building permit, a development 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. * Adequacy of parking will be determined upon submittal of the Le development site plan. A summary of square footage by use will be required to determine parking requirements . gF 1 City of Southlake,Texas * All signs and culverts must be permitted separately. (w * Denotes Informational Comment cc: First Baptist Church J. D. R. Associates, Inc. c:\wpf\rev\94-04 Q C-5 r II it►!iI 11 i�it illi !i (! '•i= r{� `r1i 7 S �� I �.Iljl ; t ~.;( , I,t l; �,�i! '1 r � 3 � ' a 1 tI, I 't =1.; 2� •II'1` �! �! I i�t z( t.:ltit= l„,,t I�;lh11! tl1i t 1�!l:Iu!:l .1 I1 j=1,i{,I•t,.•�II�iI.li!•'iIt, iI;I r=e!ga{ "_� ,k>�. -9'1 t1�-1e1a �3 1 1•,! ,,.0t sg 1. 1<1 1 :r a SSt 1M0;I=1 t-'lt ! t •1r � 1 11. i'1j a ' ► 2 9 �! R ' ,� I. I I Il ,1 II 1 ,.., � Y 22 � 1 li•• •'1:��= 1!' �1,•(Ir!lll r•I•, ll,�t tti{IIII M 11lal ifbd III 1R 11=1h;IN rVM-lO-1HJ/y'NJ CIA 3 7evl tivn ( 'LWnd 1 1V14dSV 301M 7.61 ) XT11dSY 30 3 ;1 -600 -3..of , 000 S o -' 3N11831N3� �rl 5 7Yi 903 a 031V 030 3 11 'M'l7 p S'rZ ••'••..,.o",� fix..• azN. „ „� tom~ t ! .O •�V aarc 17 c ,ac 1 1 z . � � ra.a+.usa.a o. '77��w w � �^i 0 - an�.yo ♦t I S4, Ic :• •5 Irl r O `1 o e u py _ 1 oZrx p =rotor t _ 33 W 7 !7 3w C,zce g ¢mom i (ilA�! . ,��./ $ ° a o 37's Z aO z �_ s /. /� I` .ZO°•- j co J `CO \P �1'a ap 0 Ix IL co oul < ' o e \ ( ( L n4 N, I i • l I I I - g , , i /9 uL; W f gig ��_ O —r 1.0 .. y i Lam° 09 1 S 1 . l .. V_ .) = UE'yz F0 = d � 1119 �Ya: fN wor08 U b j _ 7n,a0 art / Cc W� 1)t]'. t C4 ZLim i n r. w I ' Ae.CX y 6 9 .1 —o Y ot�Z. I I_ s a r1 I a W a" om�6 o I' �` 9 M E r Q uNol� or 11 1 I r a W rn z 9 WUa.of` 609 O/9 CO fir• 0 e^ePFrz2 QC d s.Vvo,rs O�I a Q iS� •Y d'Q m ^ '3NI 1 A1I 11 1 Hai O' a"^ate, ! U^- U 0 •• s.o 0 mCn o., so 616 � . J 6 va w� x O �0�09 g09 W 608 — W �, 'r LLwiOTtL/.11cT',O I•a�ov,"aR1 -� .�"ON ON.pNM02 'SLEZ-'mod 'ET86 '"lOr f S3I r I Nnuu03 N3383 au38 r_�, I . City of Southlake,Texas M E M O R A N D U M February 8, 1994 y� Qr TO: Curtis E. Hawk, City Manager FROM: Karen- P. Gandy, Zoning Administrator SUBJECT: ZA 94-05 Plat Showing REQUESTED ACTION: Plat Showing for Lots 1 and 2, J. Whitman No. 1593 Addition being 4.201 acres situated in the J. Whitman Survey, Abstract No. 1593, Tracts 8A1B, 8B1, 8BiB, 8B1C, 8K, 8L, and 8M. LOCATION: North side of Raintree Drive in the 2800 to 2900-block OWNERS/APPLICANTS: Frederick C. and Dorothy T. Bauer CURRENT ZONING: "SF-lA" Single Family-lA Residential District LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicant requests to plat 4.201 acres into 2 lots; one, for his own residence and the other for sale in the future. NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: February 3, 1994; Approved (5-0) subject to the Plat Review Summary dated January 28, 1994 amending item #7 to require a 50, radius cul-de-sac rather than a 60, radius on the cul-de- sac. SPECIAL ISSUES: * R.O.W. dedication of half of a 50, radius cul-de-sac STAFF COMMENTS: The applicant has met all the review comments of the Plat Review Summary dated January 28, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated February 11, 1994. V'�_ KPG/gj C:\wpf\memo\cases\CC94-05.PS 86 - I UNIONI� JIM go all '1■1111 .JET" ��■ :�� --- - .� .• •w• '�i ]� � � ©` HMI '��� ' ..■ r �� ■rrrr■ z , ICI ■ � 9crni:�11111..����� ��11111� � Illt��� aILI 'I�!� � n• ' „•f ��IIH w�il�Jllr�i1�� ��� � '.,' ��,����r----- � 'r �� -•111.11111111111,� ate. �N A,. cm •�,,��'�,�••:h71111 i ==��ri,rrrnnnu A Slit no MIN11 :: N ii _..Illy).,,=,_. „ ■�+•�►' � �ii1 !P ii t��• `� �1�l,',!I e� a��I =��lrillll:lllllllrlllr Mill d� v N tn �9 U U) t0 N 1 z ` oV cr N bbb �n N m I R m R m m ^m N �i• a �L m rn N lJ n ¢ I 0) Q m (NJ I N CU ^$ Cu Q " H N N I .� rm 0) N m .. .� •• N CD O1 o N I m sn cc c r, N I b0 c I b cu c O ^-, m Q1 O N I O N J Cum N I N fn N I N m N m � to ( u� Imo-, N Q 1S3M to 10 1VdHVdVHO N CU 60 m o m N M ., cu to � m N 6J o N LU cc to CD N a �J v cc O Ln r m rn g � �N � � m N tu CIS m LL1 >N v co tn � � Z o / / / ► 0 z/ - Q Y Z lD ` t� m // // ' Z m yO m W Q cc z uQ o a a cc Go cc O 0 ¢ s � a m — cn oil r �-- m r U O Y - u a w zm i m w Jt0 ( U w R S¢: R J s° cc Q N w Y ¢ ~ ¢ U) [V z - m z Q > m Q U w ¢ Q Q sn oi, J 0- W� Q O > Z H CCm 2 Q U rr, (A = m U Q < W S cc ¢� R 03 r cu w ¢ v cc .m o„ F N ¢ In L UJ tn ¢ U ¢ v a:IN ^ CO U N (Vt( U N Q U N Q ■ N m ^ .. cc Q7 Cl � Q .Fi ^ Il'1 r City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 94-05 -REVIEW NO: TWO DATE OF REVIEW: 02/11/94 PROJECT NAME: Plat Showing - Lots 1 & 2 J. Whitman No. 1593 Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: Frederick C. & Dorothy T. Bauer Ward Surveying Company 1524 Atlantic Drive P.O. Box 820253 Irving Texas 75062 Fort Worth, Texas 76182-0253___ PHONE: PHONE: (817) 281-5411 FAX• FAX: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TOM ELGIN AT (817) 481-5581, EXT. 753 . 1. Tie-down the flowage easement within Lot 2 by dimensions. 2 . Provide minimum finish floor elevation of 573' for each lot. I I * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets of owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc: Frederick C. & Dorothy T. Bauer Ward Surveying Company GA i NIP4 r M PJ I H2 Z IN IMId, 3 ;2 it H 2:**j z I :t pnAhs. zz t fls o t R If 4 IJ- Ell I ZAL o. t r1r)S t PS o 0 JAI Z cL ZZ.2 go� z. ifiL,�,t ¢yam :' -7- (n z W 4 E< _j x 0 x La W z ow �zw U >__j _j 11 z t� IuD Z 0 Z 0 _j 0- 5 --- City of Southlake,Texas M E M O R A N D U M February 10 , 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Truck Route/House Moving Ordinance Attached for Council consideration is an ordinance to govern large and heavy vehicular traffic through the City of Southlake . A synopsis outlining the important areas of the ordinance is as follows : Section 1 - Definitions Section 2 - Prohibits movement of the described vehicular traffic contrary to the regulations of this ordinance . Section 3 - Identifies the official truck routes within the City. They are Highway 114 , F.M. 1709, F.M. 1938 and Carroll Road between F.M. 1709 and Highway 114 . Section 4 - Allows for exceptions to the truck route, to include local destination, emergency vehicles, public utility vehicles, motorbuses, etc . Section 5 - Adopts a permitting process for excess weight and size of vehicles on any street within the city. All heights and weights are transposed from state statutes on state highways . Also provides exceptions for implements of husbandry, public utility vehicles, etc . Section 6 - Provides for what is required in the permit, with the permitting fee being set by the City Council . Section 7 - Addresses movement of buildings and structures, specifically on any street in the city. Section 8 - A statement on the transportation of hazardous material . Section 9 - Addresses damage to the street surface, curbs, gutters and spillage, and holding the driver of the vehicle and/or employee liable to the city for those damages . \ I Memorandum - Curtis E. Hawk Truck Route/House Moving Ordinance February 10, 1994 Page 2 Section 12 - Provides for the penalty clause . I am available for any questions or comments that you might have. 6C1 / /mr Attachment (W wp\Memo\TruckRt.Ord ORDINANCE NO. TRUCK ROUTE/HOUSE MOVING ORDINANCE AN ORDINANCE PROVIDING FOR DEBYGNATION OF TRUCK ROUTES; REGULATING THE TRANSPORTATION OF HAZARDOUS MATERIALS; NOTABLISHING WRIGHT LIMITS FOR VEHICLEB; REGULATING THE MOVING OF HOUSES ON CITY STREETS; PROVIDING FOR PAYICENT FOR DAMAGES TO CITY STREETS; PROHIBITING SPILLAGE ON CITY STREETS; PROVIDING THAT THIa ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NOS. 100i 172 AND 172A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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, in order to protect the health and safety of the citizens of the City of Southlake, the City Council deems it (W necessary to adopt an ordinance regulating the operation of vehicles on city streets, including the size and route of certain trucks, the transporting of hazardous materials, and the moving of houses and other structures within the city limits, and WHEREAS, the City Council further deems it necessary to adopt regulations prohibiting spillage on city streets and providing for payment for damages to city streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAXE, TEXAS: SECTION 1. DEFINITIONS In this ordinance, the following words shall have the meanings ascribed to them: ft\tiles\suni\slake\n dinnnc\ttuck.003 (02-09-9/) A. CITY shall mean the City of Southlake, Texas. B. COMMERCIAL TRUCK means any motor vehicle designed or used for the transportation of property, excluding a passenger bus, passenger automobile, motorcycle, panel delivery truck or pickup truck. C. HAZARDOUS MATERIAL means any quantity, group, form or class of material designated as hazardous material in any official publication of the Secretary of Transportation of the United States under the authority of 27 U.S.C.A. , Section 1803 (1976) , as amended, including any such publication issued after the effective date of this ordinance. D. MOTOR VEHICLE means every vehicle which is self- propelled. E. MOTORBUS means a vehicle which is used for transporting persons upon public streets for compensation or hire and that has a passenger carrying capacity of more than sixteen (16) persons except those operated by muscular power or exclusively on stationary rails or tracks. F. PERSON means and individual, firm, partnership, association, corporation, company or organization of any kind. G. SEMI-TRAILER means every vehicle of the trailer type so designated or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by said motor vehicle. H. TRAILER means every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure for commercial use and designed to be drawn by a motor vehicle, excluding trailers used for recreational or agricultural purposes and/or trailers carrying commonly recognized recreational vehicles or agricultural products. I . TRUCK means a commercial truck, semi-trailer, trailer, truck-tractor, or any combination thereof. J. TRUCK-TRACTOR means every motor vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. K. 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, including motor vehicles, f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 2 "-"'V commerzYal motor vehicles, trucks, truck-tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 2. COMPLIANCE WITH ORDINANCE It shall be unlawful for any person to drive, operate or move, or to cause or permit to be driven, operated or moved, on any public street within the city any vehicle or combination of vehicles contrary to any of the regulations contained in this ordinance. SECTION 3. DESIGNATION OF TRUCK ROUTES The following -streets and sections of streets are designated as truck routes within the City: A. U.S. Hwy 114 from the east city limits to the west city limits. B. F.M. 1709, also called Southlake Boulevard, from the east city limits to the west city limits. C. F.M. 1938, also called Davis Boulevard, from the south city limits to the intersection of F.M. 1709 . D. Carroll Road from the intersection of F.M. 1709 to the intersection of U.S. Hwy 114 . SECTION 4 . DESIGNATION OF TRUCK ROUTE Except as provided below, no person shall operate or cause to be operated any truck on any public street within the City except upon such streets as are designated as truck routes: f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 3 _� A. EXCEPTIONS: 1. LOCAL DESTINATIONS - The operation of a truck with a local destination or point of origin on the shortest permissible street route between such destination or point of origin and the nearest truck route or state highway, whichever is closer. The truck shall be permitted to proceed from a point of origin to a destination point within the City which is not on a truck route or state highway without returning to the nearest truck route or state highway if to return to the truck route or state highway would increase the distance to be traveled off of the truck route or state highway. The operator of any such truck shall carry evidence of the location of its last stop and of its immediate destination in order for this exception to apply. 2 . EMERGENCY VEHICLES - The operation of emergency vehicles upon any street within the city. 3 . PUBLIC UTILITY VEHICLES - The operation of vehicles owned or operated by the City, a public utility or any person hired on behalf of the City or public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires the use of a public roadway other than a designated truck route. 4 . DETOUR POINTS - The operation of a truck along any officially established detour route from a truck route. 5. PUBLIC SERVICE VEHICLES - The operation of vehicles by or on behalf of the City for solid waste collection or similar public services. 6. MOTORBUSES - The operation of a motorbus for the purpose of transporting people for hire upon a regular schedule over a defined route or for transportation of children to and from school functions or for the transportation of persons to and from church functions. B. The City shall keep and maintain an accurate map setting out the truck routes designated in this ordinance. The latest version of the official truck route map shall be kept on file in the office of the City Secretary. The truck route maps shall be available to the public. f:\fiLes\muni\slake\ordinanc\truck.003 (02-09-96) 4 (% N - -* C. The Director of Public Works, or his designee, shall erect appropriate signs or markings to designate the truck routes designated herein. The failure of the Director of Public Works to erect any such sign or marking shall not be a defense to any violation of this ordinance provided the official truck route map has been filed with the City Secretary as provided above. SECTION S. WEIGHT AND SIZE LIMITS OF VEHICLES A. Unless a permit is issued as provided in Section 6, no vehicle shall be operated or caused or permitted to be operated upon any public street within the city, including designated truck routes, having a weight in excess of any one or more of the following limitations: 1. In no event shall the total gross weight, with load, of any vehicle or combination of vehicles, exceed eighty thousand (80, 000) pounds. 2 . No axle shall carry a load in excess of twenty thousand (20, 000) pounds. An axle load shall be defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart, extending across the full width of the vehicle. 3 . The total gross weight concentrated on the highway surface from any tandem axle group shall not exceed thirty-four thousand (34, 000) pounds for each such tandem axle group. Tandem axle group is defined to be two (2) or more axles spaced forty (40) inches or more apart from center to center having at least one (1) common point of weight suspension. B. Unless a permit is issued as provided in Section 6, no vehicle shall be operated or caused or permitted to be operated upon any public street within the city, including designated truck routes, having a dimension in excess of any one or more of the following limitations: 1. No commercial truck shall exceed a total outside width, including any load thereon, of 102 inches, except that the width of a farm tractor shall not exceed nine feet (91 ) and the width of a vehicle used to carry cylindrically shaped bales of hay may not exceed one hundred and forty-four (144) inches. The measurement of the width includes any load on f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 5 the vehicle, but shall excluded any safety device determined by the Federal Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of a motor vehicle of that type. 2 . No commercial truck unladen or with load shall exceed a height of thirteen feet six inches (131611) including load, except that a combination of vehicles designed for the sole purpose of transporting other motor vehicles and used exclusively for that purpose may be of any height that does not exceed fourteen feet (141 ) ; provided, however, it shall be unlawful to operate or attempt to operate any vehicle over or on any bridge or through any underpass or similar structure unless the height of such vehicle, including load, is less than the vertical clearance of such structure. It is the responsibility of the operator of a vehicle to ensure that the vehicle will pass without touching through all vertical clearances of structures in its path. 3 . No motor vehicle, other than a truck-tractor, including any load thereon, shall exceed a length of forty-five (45) feet. No truck-tractor, including any load thereon, shall exceed a length of sixty-five (65) feet. The length limitations of this paragraph do not include any safety device determined by the Federal Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of a motor vehicle of that type. 4 . No vehicle or combination of vehicles, except pole trailers, shall carry any load extending more than three feet (31 ) beyond the front thereof, nor more than four feet (41 ) beyond the rear thereof. C. The provisions of this section shall not apply to any person operating or causing to be operated a motor vehicle under a valid permit issued by the Texas Department of Transportation under the provisions of Article 6701a of the Revised Civil Statutes of Texas, for the operation of overweight or oversized equipment or commodities that cannot be reasonably dismantled, provided the vehicle is operated on a route designated in accordance with said statute. D. The provisions in Paragraph B of this section shall not apply to any of the following: f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 6 1': Implements of husbandry; 2 . Machinery used solely for the purpose of drilling water wells; 3 . Highway or street-building or maintenance machinery owned or operated by or on behalf of the State of Texas or any of its political subdivisions, including a municipality; 4 . Emergency vehicles; 5. Public utility vehicles owned or operated by the City, a public utility or any person hired on behalf of the City or public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires exceeding the maximum allowable limits; 6. Trucks used exclusively for transporting oil field equipment, as that term is defined by Subsection (i) of Section 1 of Article 911b of the Revised Civil Statutes of Texas. SECTION 6. PERMITS FOR OVERWEIGHT AND OVERSIZED VEHICLES A. Upon written application made by any person who desires to operate or cause to be operated on the public streets within the city where the total gross weight or size of the vehicle and its load exceed the limits allowed by this ordinance, a permit may be issued by the Director of Public Works, or his designee, for the operation of such motor vehicle or fleet of motor vehicles for a specified period of time, over a route or routes to be designated by the Director of Public Works. B. The application for the permit provided for in this section shall be in writing and shall contain the following: 1. The name, business address, and telephone number of the person applying for said permit. 2 . The description of the vehicle to be used to transport the commodity, including the year, make, model, vehicle identification number, license registration, color of said vehicle and a certificate as to its weight and size. f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 7 3 . A description of the commodity to be transported and a certificate as to its weight and size. 4 . A list of the specific streets over which the equipment is to be operated, the date or dates of said operation, the time of said operation, and the number of trips to be made. 5. The date of the application and signature of the applicant. C. Before a permit is issued , under this section, the applicant for same shall file with the city a bond in an amount as set by the Director of Public Works not to exceed ten thousand dollars ($10,000.00) for each vehicle for which a permit is sought. Said bond shall be payable to the city and conditioned that the applicant will pay the city the sum of money necessary to repair any damage which might be occasioned to any public street or publicly owned fixture appurtenant to such street by virtue of the operation of any such vehicle under said permit. D. The permit fee shall be set by the City Council by resolution. SECTION 7 . MOVING OF BUILDINGS OR STRUCTURES UPON ROADWAY A. Unless a permit is issued as provided in Section 6, no person shall move or cause or permit to be moved any building or structure exceeding the size limitations as stated in Section 5 of this ordinance into, within or through the City, upon any public street, including designated truck routes. B. Except in the event of an emergency, the moving of a building or structure shall be conducted only during daylight hours during a time period approved by the Director of Public Works or his designee and which provides for the least possible obstruction to the thoroughfares. C. No building or structure shall be permitted or allowed to remain overnight upon public right of way or upon private property without the written permission of the owner. f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 8 V\ - \c) ;' D. It is the responsibility of the operator of.the vehicle to ensure that the vehicle and the structure will pass, without touching, through all horizontal and vertical clearances of all structures in its path. E. The operator of a vehicle used to move a structure upon a public roadway within the City shall provide a sufficient number of individuals authorized to direct and control traffic and to provide for proper control of traffic direction at all intersections preceding and following the path of travel and at all points in between at any time during such travel within the City. F. The operator of a vehicle used to move a structure upon a public roadway within the City shall notify the Southlake Department of Public Safety Communication Division immediately prior to commencing and immediately upon conclusion of such movement in order that alternate routes can be selected by emergency services divisions when necessary for any emergency vehicle responses. G. The Director of Public Works and the Director of Public Safety shall jointly and severally have the authority to limit or prohibit any movement of a vehicle moving a structure upon any public roadway within the corporate limits of the City when in their judgment such movement is considered unsafe. SECTION 8. TRANSPORTATION OF HAZARDOUS MATERIAL No person shall transport hazardous material or cause hazardous material to be transported upon any public street within the corporate limits of the city without first complying with all applicable regulatory agency mandates regarding the transportation of such hazardous materials. SECTION 9 . DAMAGES TO STREET SURFACE, CURBS AND GUTTERS; SPILLAGE A. It shall be unlawful to drive a truck over and across any curb or gutter in any public street within the city in such a manner as to cause damage to the curb or gutter. If any person intends to drive a truck over and across f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 9 ,--% \-N - \\ any curb or gutter in any public street within the city, such person shall block the curb or gutter with materials of sufficient strength to prevent any damage to the curb or gutter, by virtue of driving a truck over and across the curb or gutter. If any damage is done to the curb or gutter by virtue of driving over the curb or gutter, whether it has been properly blocked or not, it shall be conclusively presumed to have been caused by the negligence of the person backing or driving over the curb or gutter and the driver of any vehicle driving over such curb or gutter shall be liable to the city for the damages. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver's employer shall be jointly and severally liable with the driver for the damages. B. It shall be unlawful to turn or maneuver any vehicle upon any street in the city in such a manner as to cause damage to the surface of the street. If any street is damaged by the turning or maneuvering of any vehicle upon the street, the driver of the vehicle shall be liable to the city for damage. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver' s employer shall be jointly and severally liable with the driver for the damages. C. It shall be unlawful for any person to operate or cause to be operated any vehicle on a public street of the city in such a manner as to permit any portion of its cargo, either liquid or solid, to fall out of, spill from, or blow out of such vehicle. SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance Nos. 100, 172 and 172A are hereby repealed in their entirety. (W f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 10 l SECTION 11. 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. (W SECTION 12 . 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 13. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting truck routes or the operation of vehicles on (W f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 11 � � � \7S public streets 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 14. 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 CitySecretary shall additionally Y y publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 15. 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. (W f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 12 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 (w APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE• (60, f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 13 `% \-\ - \S City of Southlake,Texas M E M O R A N D U M February 10, 1994 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Resolution No. 94-10, Appointment to Economic Development Advisory Committee On December 7, 1993, Resolution No. 93-55, creating the Economic Development Advisory Committee, and naming two of the three members to the committee was approved. At that time, Council determined that they would come back at a later date to name the third member. Resolution No. 94-10 allows for appointment of the third member. If you have questions, please do not hesitate to contact me. AslMoe memo\&mint\e&c\at City of Southlake,Texas RESOLUTION NO. 94-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A THIRD MEMBER TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, has authorized the funding of a staff position to promote, assist, and enhance economic development activities in the City of Southake; and, WHEREAS, the City Council has created an Economic Development Advisory Committee (EDAC) and determined that said committee shall consist of three (3) members; and, WHEREAS, two members of the EDAC have been previously appointed, leaving one vacancy on the Committee to be appointed; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS, THAT: SECTION 1. that all of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. SECTION 2 . The City Council desires to appoint the following member to serve on the Economic Development Advisory Committee: SECTION 3 . Members of the EDAC are appointed for one-year terms, with the initial members appointed to serve until May, 1995 . Any member is eligible for reappointment. SECTION 4 . The EDAC shall meet with the City Manager and the City Manager's designees as needed, at a time and place to be determined by the Committee, to promote, assist, and enhance economic development activities. SECTION 5. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE 15TH DAY OF FEBRUARY, 1994 . Resolution No . 94-10 r page two CITY OF SOUTHLAKE, TEXAS BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary res\edac\appt\s1 qa - 3 City of Southlake, Texas M E M O R A N D U M February 9 , 1994 TO: Curtis E . Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Timber Lake Phase III and IV Developer Agreement The Developer Agreement for Timber Lake Addition Phase III and IV is attached. The Agreement contains the standard requirements for the provision of water, sewer, streets and drainage . Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the Agreement . A few conditions are unique to these Phases, which resulted in revisions to our standard agreement . These items are discussed below. • Page 1 , Section I . GENERAL REQUIREMENTS : has a change regarding the time frame on the completion of work. Normally Additions are completed within a two year time frame . Phase III will be completed within two years, but Phase IV will require an additional 12 months after Phase III is completed. • Page 9 , Paragraph A_, SEWER PRO-RATA: states that this Addition will pay their share of pro- the S-4 Sewer Line . The cost is determined to be =$7, 328 .45 • Page 9 , Paragraph B, OFF-SITE DRAINAGE : requires the Developer to contribute pro-rata toward the cost of replacing the box at Continental Blvd. The cost is determined to be ,Inert 38 . 43 . • Page 10 , Paragraph D, PARK FEES : states that the Developer agrees to donate 5 . 3 acres of parkland within the Country Walk Addition. On February 7, 1994 the Park Board unanimously approved the parkland dedication and recommends acceptance of the land to satisfy the parkland dedication and fee requirements of both Timberlake and Country Walk. Please place this on the February 18 , 1994 City Council Meeting Agenda for council consideration and approval . Bob Whitehead /sm wpfiles\memos\time.lk DRRI AFT COPY : . , F. TIMBER LAKE ADDITION PHASE III AND IV DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the MONOW pzt to the City of Southlake, Tarrant County, Texas, hereinafter referred > ty to as the "Addition," 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 lots contained within the dlCt ::; ' 3A 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 subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within 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, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work :wz ... ......:... ..::< �'� <Il after the signing of this Agreement between the City and Developer. ........................ All bonds shall be issued by a Best-rated bonding company. All letters o cre rt must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the \�A-7- c Developer and accepted by the City. Performance and payment bond, letters 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. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards 2 �oA-3 his own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for Saturday and/or Sunday inspections;and e. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabilization; C. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as 3 V�)>'.- 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. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and 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 City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and 4 \c a 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. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 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. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control 5 development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: I. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for 6 \C)A-� Construction" by the City Engineer must be submitted: 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. 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 and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the 7 Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: 8 �Q R -C\ a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. SEWER PRO-RATA: art�tar.:;:::: ewec :;ra.:xata:<: vs#:::> <:: ::< clsv ::>: :< efirmxrzzsfi<.; :.::::::::::::::::::.::::::::::::..:.::::::::.:::::::::::::::::::.::::::: :.,::.PPS✓::::.::.:....:. .::<. .. ..:: .:::: A.:.::. :.:._:: :::::::::::::._::::::..:::::::::::::::::::.::...:::::: ::::::::::::::. .::.>.:.::.>::.;::.: > ::::::.........: ::>:::a f::::::shaa� : rarata:::<:;as t .. .:::........................................................ Y......::.:.......:::.:.::::::::::::::::::P.:::::::::::::::::::::::::. ftuH.0 tt <T :.:..::::....::.:::::::::::::::::::::.. rstands<:>::>tb .....::. .;::>:::::> :: .. e:>:>:::E3rCl i r <><> tt <E : ::::::::::::::::::C .::< .::.:::;rib. :::::::::::::::::::::::::: ......:::::::::::::::::::::::::.;:r ::ii:i:i::i::i::::i::i::i::i:'::i::isY.:ii<t:::i`:i:::i::i'i:::i:::i:::i:ii:::i' :i'i::iii:<•i`: mint» bue:::::az�:<:a<:: rata;>basx ::> e�c ::; is ;;:.;:.;;:.::.;:.;:.::.:::......::::.::::::::::::::::.::::::::::::::::::::. ......::::::::::::::: ..::::::::::::::::::::::::::::.::::._:::::::::::. ctxtu�rt :riri �ta�.;::�1.;::.:..;; ::::::::::. C. OFF-SITE WATER: Water facilities will be installed in accordance with 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 City requirements, the City will reimburse the Developer for the oversize cost. 9 VO �--\- \,C�) level anent::>pp r:: belz �s�ou» k.:::< :« I>: ar < x d; o c z a iaz ::::::::::::::...........: s.:::::::::::::::::::::.:_:::: :::::::::::::.:::::::::::::::::::::::::::::::::.:......................:........... :;:� t��: >.»:�z: a�c�>:re<►:Est:::::and:::>r :�me� >�c.:..::t�r�c� ��:t��:........:.:::�c�::�s.::..; E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: e:1 wpfrlesWevagreeViniber.lk3 L 10 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. 11 \C)R-��- City of Southlake, Texas CITY MANAGER E � M E M O R A N D U M February 8 , 1994 TO : Curtis E . Hawk, City Manager FROM: Shana Rice, Assistant City Manager SUBJECT: SPDC PLAN SUMMARY AND BUDGET Attached you will find an Executive Summary of the initial SPDC Plan and Budget document . A draft copy of this document was discussed at the February 7, 1994 meeting of the Southlake Park and Recreation Board, and will be presented to the Southlake Parks Development Corporation at its February 14 , 1994 meeting. The SPDC will take formal action on its approval at that time . Please place this item on the agenda for Council' s consideration, and let me know if you have any questions about the specifics of the plan or the budget . SR e SOUTHLAKE PARKS DEVELOPMENT CORPORATION Park Development Plan February 1994 - September 1995 TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PLANNED PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bicentennial Park Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Joint Utilization Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 U.S. Corps of Engineer Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 BUDGET INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Exhibit E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SOUTHLAKE PARKS DES ELOPMENT CORPORATION Park Development Plan February 1994 - September 1995 EXECUTIVE SUMMARY INTRODUCTION On November 2, 1993, Southlake voters overwhelmingly approved a referendum to levy a half-cent sales tax for the development of park and recreation facilities for use by Southlake residents of all ages. State legislation specifies when such taxes can begin to be collected, and in Southlake's case, collection will begin in April 1994. It is anticipated that, based on previous sales tax collections, the half-cent sales tax will generate approximately $300,000 per fiscal year for park development. This figure does not factor in any additional growth in Southlake's commercial sector. Proceeds from the sale of revenue bonds, backed by the City's ability to collect the half-cent sales tax, will be used to finance the construction of park projects. The first offering will yield approximately $2.5 million. A subsequent offering, tentatively scheduled for June 1995, will yield approximately $1 million. Please see Exhibit A for a history of Southlake's tax collections. In accordance with State legislation, a Corporation has been created and a Board appointed to oversee the expenditure of half-cent sales tax funds. The corporation is called the Southlake Parks Development Corporation(SPDC), and the Board is comprised of City Council, Park Board, and citizen representatives. Please see Exhibit B for a listing of Board members. The SPDC is responsible for the development of a plan detailing projects slated for construction and an annual budget detailing projected revenues and expenditures. Exhibit C illustrates the relationship between the SPDC, City Council, Park and Recreation Board, Joint Utilization Committee, and other neighborhood and community groups. The following is an Executive Summary of the proposed SPDC plan for the period of February 1994 through September 1995. The formal plan will be discussed and approved at the 2 � OC� -3 SPDC Plan - Executive"Summary February 14, 1994 SPDC meeting (public hearing), and first reading by the City Council will take place on Tuesday, February 15, 1994. Questions regarding the SPDC plan and/or budget may be addressed to the City Manager's Office, 481-5581 extension 705. PLANNED PROJECTS During the campaign to pass the sales tax referendum, three categories of potential projects were identified and presented to the voters. These categories included: 1) expansion of Bicentennial Park, 2) joint utilization projects with Carroll Independent School District (CISD), and 3) use of U.S. Corps of Engineers property along Lake Grapevine. The SPDC, therefore, is considering projects in conformance with the identified categories of projects. Bicentennial Park Expansion - The need for athletic fields has grown steadily as the population of Southlake has grown. It is estimated that 574 children participate in organized baseball, 448 participate in organized softball, and 500 participate in organized soccer through a joint program with Grapevine. Only three baseball diamonds are available at Bicentennial Park. The lack of fields creates problems with scheduling for games, as well as practice. Bicentennial Park expansion plans primarily address the need for additional athletic fields. Bicentennial Park originally consisted of 14.3 acres, and an additional 15.49 acres to the west of the existing park was purchased in January, 1994. Staff is already working with consultants on the topographic and boundary site surveys of the new property, and other preliminary work to ensure that construction can begin as quickly as possible after the revenue from the bond sale becomes available. Exhibit D is a schedule of proposed construction activities/items and estimated costs for Bicentennial Park expansion. The expansion plans call for the construction of four additional baseball diamonds, consisting of Mustang, Pony & Bronco sized fields. Additionally, the plans provide for the construction of soccer fields, although it is anticipated that these fields will be 3 \C) cb-4 SPDC Ptan - Executive Summary used on a temporary basis until a permanent soccer complex can be constructed on another site. The plan also shows the site of the community playground to be built by residents under the guidance of the Southlake Playground Initiative. Many recreational amenities will be included in the expansion as well, including items such as batting cages, picnic tables and shelter, grills, hike and bike trail, bleachers, a concession building,. fencing, common area plaza and turf establishment. The plans also call for the construction of a maintenance building with security fencing. Parking and access are a large part of the expansion plans as well. The City is in the process of negotiating for parcels of land contiguous to the park which, if acquired, will provide access to the park from FM 1709 or from the existing park through to the expansion site. If the best of circumstances prevail during construction, the first phase could be completed as early as spring of 1995. However, it is anticipated that a more realistic completion date on the ball fields and access/parking is the fall of 1995. The Southlake Playground Initiative plans to begin construction of the playground in the spring of 1995. Joint Utilization Project - The City and Carroll Independent School District have adopted the concept of "joint utilization", and are beginning to make strides to implement the idea in Southlake. The City and school district have already worked together on a number of recreational projects and the Joint Utilization Committee has proposed another, to be funded through the SPDC. The growth of the student population in CISD has made it difficult for the district to provide sufficient recreational facilities. CISD officials have known that a new gymnasium is needed at the Middle School, but demands for additional classroom space limit their ability to build a gym. The Joint Utilization Committee reviewed the problem and suggested to the school board, and the SPDC, that the new gymnasium be built in such a way that it could "double" as a recreation center for the City. School children could use the facility during the day, and citizens could have access during non-school hours. Having such a facility would also provide 4 SPDC Plan - Executive Summary opportunities for expanded recreational programs offered by the City. As presented by the Joint Utilization Committee, the gymnasium/recreation center would be constructed on district property, adjacent to the current gymnasium at the Middle School on North Carroll Avenue at Dove Road. District architects are working with CISD and the City of Southlake to draw up plans for a gymnasium/recreation center. Actual construction costs would be borne by the SPDC. It is estimated that the initial construction will cost about $500,000. Please see Exhibit E, tentative floor plan of the proposed gymnasium/recreation center. U.S. Corps of Engineer Property - Southlake is fortunate to have several hundred acres of Corps property within its corporate boundaries. There are currently two parks on Corps property, Walnut Grove and Marshall Creek. Both parks consist of undeveloped shoreline and woodlands, and Walnut Grove Park has several miles of pedestrian and equestrian trails. Corps officials have indicated that they are willing to work with the City of Southlake to develop these areas into parks for the citizens of Southlake to enjoy. The City has been in discussions with the Town of Trophy club concerning the development of Marshall Creek Park, which lies predominately within the extra territorial jurisdictions (ETJs) of the respective cities. Since the development of Marshall Creek is envisioned as a cooperative effort by both cities, the specifics of an implementation plan is not immediately ascertainable. The acreage possesses significant open space features and natural beauty. An informal, preliminary site analysis of the area indicates that the usage of the land should possibly be limited to passive recreational activities, preserving the rich natural beauty of the area. The SPDC has discussed potential uses of the property, and believes that the desire of the citizens to retain the natural state of the area, coupled with tree mitigation issues with the Corps, will limit the uses of the property. Given the lack of suitability of this property for development of athletic fields, and the need for athletic fields in Southlake, the SPDC has 5 \0 Q1-)- SPDC Plan - Executive Summary instructed staff to explore options for the property's development and the possibility of purchasing land contiguous to the Corps property for athletic field development. BUDGET INFORMATION A three year budget is presented for the Southlake Parks Development Corporation, beginning with the fiscal year October 1, 1993. The budget combines funding from three sources: Park Dedication Fees, the 1/2 Cent Sales Tax Operating Fund and the 1/2 Cent Sales Tax Project Fund. FY 1993-94 Park Dedication Fee Fund Revenues: The budget includes $139,770 in anticipated Park Dedication Fee receipts and $2,500 in interest earnings. As of January 31, 1994, there has been $89,770 in fees collected, and an additional $50,000 is anticipated. Expenditures: The Park Dedication Fee Fund reflects budgeted amounts that were approved by the City Council when the City's annual operating budget was adopted. There is $467,710 budgeted for the purchase of a 15.49 acre tract of land adjacent to Bicentennial Park. This expenditure is to be partially funded through cash payment and the issuance of a $320,000 five year certificate of obligation. There is also $49,157 included for Joint Use Improvements to the Carroll Intermediate School athletic field and basketball court. Bicentennial Park plan design, entry road design, engineering, bid documents, surveying and contract administration is included totalling $140,000. 6 \t�)('s _-I SPDC Plan - Executive Summary 1/2 Cent Sales Tax Operating Fund Revenues: There is $146,000 in revenues from the 1/2 cent sales tax included, which represents collections from May through September. Interest totalling $1,500 is included. Expenditures: There is $20,000 budgeted for the hiring of a Park Project Manager. 1/2 Cent Sales Tax Project Fund Revenues: A bond sale with proceeds of $2.5 million is planned, and interest earnings are projected at $18,000. Expenditures: There is $225,000 included for the purchase of land adjacent to Bicentennial Park for access easement and expansion. Site grading and construction of the entry road and drainage are estimated at $50,000 and $133,000, respectively. FY 1994-95 Park Dedication Fee Fund Revenues: Revenues of$50,400 park dedication fees and $1,200 in interest earnings are included. Expenditures: There are no expenditures budgeted. 1/2 Cent Sales Tax Operating Fund Revenues: Revenues from the 1/2 cent sales tax are estimated at $385,800, a 10% increase from the previous year. Interest earnings are projected at $7,000. Expenditures: The Park Project Manager is budgeted at$50,000. Debt service on bonds is projected at $227,565. 7 C) e)-�S SPDC Plan - Executive Summary 1/2 Cent Sales Tax Project Fund Revenues: Interest earnings of $35,000 are included. Expenditures: There is $500,000 included for the joint use gymnasium with CISD. Phase I of the Bicentennial Park improvements with contingency are estimated at $1,635,963. FY 1995-96 Park Dedication Fee Fund Revenues: Revenues of$50,400 park dedication fees and $3,750 in interest earnings are included. Expenditures: There are no expenditures budgeted. 1/2 Cent Sales Tax Operating Fund Revenues: Revenues from the 1/2 cent sales tax are estimated at $424,440, a 10% increase from the previous year. Interest earnings are projected at $9,000. Expenditures: The Park Project Manager is budgeted at$50,000. Debt service on bonds is projected at $224,505. Land acquisition (5.33 acres) at Bicentennial Park is included for $235,000. This parcel will be used to complete Phase II of the Park. 1/2 Cent Sales Tax Project Fund Revenues: Interest earnings of$30,000 are included. It is anticipated that the City will be able to issue an additional $1.5 million in bonds during the fiscal year. Expenditures: Phase II of the Bicentennial Park improvements and contingency are 8 \C�) t3-q SPDC Plan - Executive Summary estimated at $429,932. The purchase of land adjacent to the Corps of Engineer land in the northern portion of the City is estimated at $1,000,000. 9 SOUTHLAKE PARKS DEVELOPMENT CORPORATION PROPOSED BUDGET FY1993-94 AND FY 1994-95 1/2 cent 1/2 cent Park Sales Tax Sales Tax r Dedication Operating Project Fiscal Year 1993-94 Fee Fund Fund Fund Total Fund Balance 10/1/93 238,159 0 0 238,159 Revenues Interest 2,500 1,500 18,000 22,000 Receipts 146,128 146,000 0 292,128 Total Revenues 148,628 147,500 18,000 314,128 Expenditures Personnel-Project Coordinator(4 mos) 0 20,000 0 20,000 Joint Use Improvements(Annual budget) 49,157 0 0 49,157 Building Improvements(Annual budget) 4,000 0 0 4,000 Land (Bicentennial Park-15.49 ac) 467,710 0 0 467,710 Bicentennial Park-Phase I Access easement-land acquisition 0 0 225,000 225,000 Survey, Plans/consultants-park,entry 140,000 0 0 140,000 Site grading 0 0 50,000 50,000 Entry Road-drainage 0 0 133,000 133,000 Total Expenditures 660,867 20,000 408,000 1,088,867 Proceeds from sale of bonds 320,000 0 2,500,000 2,820,000 Fund Balance 10/1/94 45,920 127,500 2,110,000 2,283,420 Fiscal Year 1994-95 Revenues Interest 1,200 7,000 35,000 43,200 Receipts 50,400 385,800 0 436,200 Total Revenues 51,600 392,800 35,000 479,400 Expenditures Personnel-Project Coordinator 0 50,000 0 50,000 Debt Service-Bonds 0 227,565 0 227,565 Joint Use Improvements-Gymnasium 0 0 500,000 500,000 Bicentennial Park-Phase I Ball Fields 4&5 0 0 174,600 174,600 Fields 6&7 0 0 261,400 261,400 Parking Lot Development/Utilities 0 0 470,055 470,055 Recreational Amenities 0 0 491,910 491,910 Soccer Area 0 0 19,000 19,000 Maintenance Building 0 0 100,000 100,000 Contingency 0 0 118,998 118,998 Total Expenditures 0 277,565 2,135,963 2.413,528 Fund Balance 10/1/95 97,520 242,735 %037 349,292 Fiscal Year 1995-96 Revenues Interest 3,750 9,000 2,000 14,750 Receipts 50,400 424,440 0 474,840 Total Revenues 54,150 433,440 2,000 489,590 Expenditures Personnel-Project Coordinator 0 50,000 0 50.000 Debt Service-Bonds 0 224,505 0 224.505 Bicentennial Park-Phase II Land acquisition (5.33 ac) 0 235,000 0 235,000 Parking area,lighting,irrigation 0 0 375,306 375,306 Soccer Area-east three fields 0 0 26,500 26,500 Contingency 0 0 28,126 28,126 U.S.Corps of Engineer Property 0 0 Land-Adjacent area 0 0 1,000,000 1,000,000 Total Expenditures 0 509,505 1,429,932 1,939,437 Proceeds from sale of bonds 0 0 1,500.000 1,500,000 Fund Balance 10/1/96 151,670 166,670 81,105 399,445 \O �- \� SPDC Plan - Executive Summary CITY OF SOUTHLAKE , SALES TAX REVENUES six year comparison Exhibit A 1993-94 collected budget balance budget to date balance percent S701,500 $220,186 $481,314 68.61% FISCAL FISCAL FISCAL FISCAL FISCAL FIS'C , YEAR YEAR % Inc YEAR % Inc '' YEAR % Inc YEAR % Inc Y� `. % Inc MONTH 88/89 89/90''' Dec 90/9I Dec 91/92 Dec 92/93 Dec 9i <. Dec October $27,970 537,776 35.1% `.'C44,081 16.7% S46,731 6.0% S50,956: 9.0% $99 $; 95.1% November 15,428 24,573' 59.3% 37,Z]7:; 51.0% 27,929 24.8% 42,126' 50.8% SQ 3% 20.2% December 17,830 21,052 181% .28,46 35.2% 33,273; 16.9% 33,850 1.7% 70.:15- 5 1073% January 26,756 34,463' 28.8% 47,106` 36.7% 40,012 -15.1% 67,713 69.2% '?« February 15,894 25,594 61.0% 22,487 -12.1% 40,106' 78.4% 39,351: -1.9% March 14,778` 30,657 107.5% 32,955: 7.5% 37,488 13.8% 44,176 17.8% April 48,635 37,201 -23.5% 41,445' 11.4% 57,543'; 38.8% " 68,664' 19.3% May 27,824 31,501 13.2% 36,627 16.3% 41,020 12.0% 54,623. 33.2% 'e 24,051' 37,447 55.7% 37,894' 1.2% 43,105; 13.8% 52,027 20.7% July 38,630 51,374', 33.0% 47,017 -8.5% 51,357' 9.2% 80,56'71 56.9% August 22,699' 31,969 40.8% 35,951 12.5% 48,731 35.5% 48,290 -0.9% September 31,204 32,499 4.2% 37,004 13.9% 42,741' 15.5% 54,395 27.3% TOTAL $311,699 S396,106 27.1% S4481148 13.1% $510,036 13.8% S636,738 24.8% S220,186 73.5% SLErAX94-WK3 REPORT DATE 01/18/94 II `0 e - ��. SPDC n - Executive Sumin r�,lty of Southlake,Texas SOUTHLAKE PARKS DEVELG-PIVIENT CORPORATION Exhibit B ESTABLISHED ORDINANCE NO. 597 NOVEMBER 16, 1993 Members: Term to Expire * Gary Fickes Home: 481-2898 5/31/96 155 S. Kimball Avenue Work: 329-0411 Southlake, Texas 76092 W. Ralph Evans Home: 481-3759 5/31/96 315. North Shady Oaks Drive Work: 214/387-4242 Southlake, Texas 76092 Stephen Apple, President Home: 481-5490 5/31/95 2819 Rainforest Court Work: 214/280-6794 Southlake, Texas 76092 Jon Michael Franks Home: 430-1414 5/31/95 122 Sam Bass Ridge Road Work: 877-1841 Roanoke, Texas 76262 * Janet Murphy Home: 488-2884 5/31/96 1313 North White Chapel Blvd. Southlake, Texas 76092 * David Yelton, Secretary Home: 329-0610 5/31/96 1346 Lakeview Work: 214/506-2374 Southlake, Texas 76092 Larry Goldstein, Vice-President Home: 329-9085 5/31/95 216 Westwood Work: 540-5442 Southlake, Texas 76092 i * Incorporators 12 �C) '�� SPDC Plan - Executive Summary ExhibieC z U A CO) 03 P O p � U v V-^ U 0 U 0 0 (� O U O E" o Q U U c a 0 a� a� Q x a 0 0 G 0 b q u 4, a v R: 13 SPD Pla - Executive Sc�nzmary 1 Im — -- I --� SHADY OAKS DRIVE -- --- ji! 1 uLw a ( uuuny R\ � i *--6, r" �INfttn:iliditti! D o _ nul(110 lnuwu # I 'S ci 1 J I ~ n I I � fffT771TTi iT I v E ? j I (1(1T(f1TflTlIf OIP - I i1LLU' mJITT( 1 N.WHITE CHAPEL BLVD. � \ \ 14 uic //rr/1y OArE Rr RENSION O! tOUTHLAC[ fC.Y-E INC ENrII°IENNNA L PARK rily a..R.. CONCEPT PLAN FOR EXPANSION c.rccrco°.= I I 2/1/94. Page 1 of 2 PRELIMINARY COST ESTIMATE FOR BICENTENNIAL PARK SOUTHLAKE, TEXAS Item Subtotal Total No. Item Description Costs Cost 1. SURVEY OF SITE - Topographic & Boundary 3, 000 2 . ACQUIRE R.O.W. AND DRAINAGE EASEMENT - Truelove Property 3. ACQUIRE 5.33 ACRE TRACT 4. CONTRACT DOCUMENT PREPARATION - PARK L.A. Consultant, dimension control plan, grading plan, construction details, contract administration 125,000 5. CONTRACT DOCUMENT PREPARATION - ENTRY ROAD - City Engineer, drive from F.M.1709 to park, plans, bid documents, surveying, contract administration 12,000 G. SITE GRADING 50,000 7. ENTRY ROAD AND DRAINAGE CHANNEL - 31' BB concrete curb & gutter 133,000 8. BALL FIELDS 4 & 5 - Mustang Irrigation 10,000 Outfield sod (overseeded) 1.75/Yd. - 10,000 ;. . Infield sod (overseeded) 3,000 Infield drainage piping 27,000 Lights, 50 FC infield, 30 FC outfield 70,000 Backstop fencing, 20' ht. , 6 gauge 18,200 Foul line and outfield fencing, 6' ht. , 9 gauge 10,400 Dugouts with players benches, concrete slab, metal covers 17,000 Foul poles (15' height) 4,000 Scorekeeper stands 3,000 Base anchors - 7 each field (14) 1,000 Scoreboard conduit and pull wire 1,000 174,600 9. FIELDS 6 & 7 - Pony/nronco Irrigation 26,000 Outfield sod (overseeded) 1.75/Yd. 25,000 Infield sod 4,400 Infield drainage piping 28,000 Lights, 50 FC infield, 30 FC outfield 108,000 Backstop fencing, 20' ht. , 6 gauge 30,000 Foul line and outfield fencing, 6' ht. , 9 gauge 14,000 Dugouts with players benches, concrete slab, metal covers 17,000 Foul poles 4,000 Scorekeeper stands 3,000 Base anchors - 7 each field (14) 1,000 Scoreboard conduit and pull wire 1,000 261,400 2/l/94. Page 2 of 2 10. PHASE I - PARKING LOT DEVELOPMENT AND UTILITIES Parking area 1A, 196 parking spaces, 5" reinforced concrete, lime stabilized 200,000 Access drive, 760 L.F. 5" reinforced, lime stabilized concrete drive @ $2.75/S.F. 50,000 Parking area 1B, 71 parking spaces, 5" reinforced, lime stabilized concrete 71,000 Pedestrian walk/Service drives - 15' wide, 5" concrete, 690 S.F. @ $2.75/S.F. 28,500 Parking lot lighting (10) 28,000 8" water line - 2, 850 L.F. @ $14/L.F. 39, 900 Sanitary sewer - 1,400 L.F. @ $15/L.F. 21,000 Sidewalks - 1050 L.F. , 4" X 6' wide @ 1.85, reinforced w/2" sand (playground 4501 , Plaza to flume 600' ) 11,655 Storm sewer (parking lots) 20,000 470,055 11. PHASE I - RECREATIONAL AMENITIES Irrigation booster pump, 2200' 4" PVC @ $2.10 12,000 Batting/pitching cage - 5" concrete slab, (4) 12' wide lanes, 80' in length with 15' tall fencing (does not include top netting) 12,000 Picnic shelter, 36' diameter with 8 picnic tables, one 8' grill (near playground) 36,000 Four picnic units, includes concrete slab, picnic table and small grill 9,000 Four picnic tables with roof (aluminum) in Plaza area 10,000 2800 L.F. of 4" concrete hike & bike trail, 6' wide 32,000 Concession/restroom building 180,000 Baseball Plaza paving, 4" concrete 40,000 Field drainage storm sewer 50,000 Common area irrigation 20,000 Common area turf establishment 10,000 Landscaping (3" cal. trees) 30,000 Galvanized chain link fence, 5' Ht. 1,180 L.F. @ $7.00/L.F 8,260 Vinyl coated fence, 4' Ht. 620 L.F. @ $7.50/L.F. (Playground area) 4,650 Bleachers, 8 permanent, 10 portable 18,000 Electrical transformer, service to concession 10, 000 Park signage 10,000 491,910 12 . SOCCER AREA (PHASE I - West two fields) Irrigation 12,000 Turf 7,000 19,000 13 . MAINTENANCE BUILDING - 25' x 50' building with security fencing and lights, 6" paving to building and small storage yard 100,000 14 . PHASE II Parking area, 198 parking spaces, 5" reinforced, lime 200,000 stabilized concrete Access drive, 450 L.F. of 5" reinforced, lime stabilized concrete 30,000 Parking lot lighting 24,500 Parking lot irrigation 10,000 Detention basin - 3 East soccer fields (City Engineer) structure, basin, 360' 48" RCP, No easement 110,806 375,306 15. SOCCER AREA (PHASE II - East three fields) Turf establishment 6,500 Irrigation 15,000 Landscaping 5,000 26, 500 Construction Totals: PH 1 = 1,699, 965 + Contingency (70) 118, 998 = 1,818, 963 PH 2 = 401,806 + Contingency (7k) 28, 126 = 429, 932 N _N ---------- E E.- 8N gN 1 m ------- ---------- ---- -------- ap co N N - �` E _ m� m Z r Z r N N XO r O r � N I — A N C N m m �In N � . 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Q D-LC !L a7 n O L O Q N C7IY m 7 U J C m H d D@{ d q C D Q_ C a t0 W C Z bj Q D D ` C N U m w m 2 C Q LL g o m O O c 0 QQj C C 'E pD D D (j v m m qq C O m N C dm (n Nd Q co CD[n [� UW 7 [n_(n cnd CPOm m U�W17 a]L (n �O es-�IZ6 N HI 11 N cr 7 n N N 0 0 r� M m� m rn C C _ .......... .......... .......... � N ' N N N � N —I — t Q O O C7 � � � N N C p U All I N � co N A N n� �m r2 M � LL cD � N N CJC tD CJJ.2 a) N N J C C C m D O m D A m J N J zg �'o U m a �C o acl p O O m C E Inbu �zz D � c o { ` c 3 2 �D rlS`o pL L 3 02 C27 �9D co c Ur � m U J U C ¢ m V J U O LL m2c m m g 2g � m � °' v�n m m m w m_ LL a m com C) Z) cocn a in <n SPDC Plan - Executive Summary Exhibit E 19 � C ) City of Southlake,Texas CITY MANAGER M E M O R A N D U M _C February 10, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Wrecker & Towing Ordinance The City of Southlake is currently operating a rotation type wrecker list to serve the needs of the City and its citizens. The system can be difficult to administer. It creates problems for communications and police officers, and utilizes public funds to assist private industry. It is recommended that we engage in a single vendor system for regulating City business and that we provide a permitting process for in town wreckers to ensure reasonable service and protection for our citizens . The City of Hurst, Euless and Forest Hill are some of the cities within the area that use the single contract- vendor. The single contract vendor is specific to City business only and does not prohibit other wrecker companies from doing business with the City of Southlake or its citizens. We are proposing a wrecker ordinance that governs licensing of wreckers, to include requirements dictating conduct, and permits the City to enter into a contract for single wrecker service. A summary of the substantive sections of this ordinance are as follows : Section II - Definitions Section III .A. - Is a license requirement to provide wrecker service within the City. Section III .B. - Provides for exceptions. Section IV. - Is the application process and requirements, to include a list of charges to their customers . Section V. - Provides for license issuance and fees . It is recommended that such fees be nominal covering administration o the licensing. Section VI .. - The vehicle requirements for those seeking permit . Y . Memorandum - Curtis E. Hawk, City Manager Wrecker & Towing Ordinance February , 10, 1994 Pager 2 Section VII . - Storage Facilities - A company must provide a permanent screening fence with a minimum height of six feet . Section VIII . - Provides for record keeping and inspection. Section IX. - Discusses license denial, suspension and revocation. Section X. - Sets the limits of insurance accepted by the City. These limits are transposed from State law governing wrecker service. It also requires that a copy of the insurance policy be submitted to the City and an updated copy be maintained with the City Secretary throughout the license period. Section XI . - Vehicle Removal - Prohibits removal of vehicle without permission. Section XII . - Establishes requirements and operating procedures for wrecker service. Section XIII . - Establishes rules of conduct . Section XIV. - Provides the City the right to contract single (W wrecker service to provide towing for City vehicles or tows and/or impoundment of any vehicle made necessary in the exercise of the City' s police and governmental functions . Also to provide that any wrecker may be called by the City in an emergency situation. Section XV. - Miscellaneous provisions . Section XVIII . - Provides for a penalty clause. If it is deemed acceptable by the Council, we will bring forth at the first reading of this ordinance, a contract to be utilized in the bid process for any wrecker company wishing to do business with us as a single vendor. Council will be able to comment on the contract and then a final version will be submitted for Council approval . I am available for any questions or comments that you might have. tz--, BC/mr Attachment wp\Memo\WreckTow.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; 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 proper and in the best interests of the health, safety, morals and general welfare of 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:\files\muni\slake\ordinanc\wrecker.003(02-09-94) \� A -3 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 (W 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\slake\ordinanc\wrecker.003(02-09-94) 2 \\ A - 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.003(02-09-94) 3 \\ A -S (W 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 charter 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 (W 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 vehicles 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.003(02-09-94) 4 \\N- (W 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 incumbrance, the amount due, the character of such lien, or each other incumbrance, and the name and address of the holder of such lien, mortgage or other incumbrance. (W 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.003 (02-09-94) 5 \\N + \ (W 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 (W 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.003(02-09-94) 6 (W 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 LW ordinance. SECTION VII. STORAGE FACILITIES Any storage facility used by the wrecker company shall be enclosed by a permanent screening fence with a minimum height of six (6) feet. Tiie screening fence shall be made of durable material, without holes, penetrations or other openings except those required for passage and shall be designed to prevent persons from seeing through. The screening fence shall be located so as to prevent vehicles less than six (6) feet in height from being seen from a public street or public place. The gate to the storage facility shall remain locked at all times except when ingressing or egressing. f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 7 \\ k,-C\ SECTION VIII. 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. SECTION IX. 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. Ce f:\filcs\muni\slake\ordinanc\wrecker.003 (02-09-94) 8 \\ N " \0 (W 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. SECTION X. 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 f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 9 (W copy of such policies shall be maintained with the City Secretary throughout the license period. SECTION XI. 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. 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. (W SECTION XII. 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. f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 10 \\ N- \1, (W 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. SECTION XIII. 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 XIV. 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 respond as required by the agreement, when there exists an emergency situation or when deemed necessary by the Director of f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 11 �� P '�� 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 XV. 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 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. (W SECTION XVI. 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 XVII. 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 f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 12 \ N - \%\- unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION XVIII. 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 XIX. 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. f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 13 \\A- \S SECTION XX. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION XXI. 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 f:\files\muni\slake\ordinanc\wrecker.003(02-09-94) 14 \\ " -\to PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: _ f:\files\muni\slake\ordinanc\wrecker.003(02-09 94) 15 \\N - �"t City of Southlake, Texas M E M O R A N D U M February 10, 1994 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Discussion in regard to vacancy on the Planning and Zoning Commission. Mayor Fickes asked that the appointment of a member to fill the unexpired term of Kate Barlow be placed on the agenda as a discussion item. As of this time, only one application has been submitted to fill the unexpired term on the Planning and Zoning Commission. I have a couple of applications submitted earlier, however, I have not contacted them. Mayor Fickes felt that perhaps Council would like to interview applicants prior to appointment. If you wish to discuss this appointment with the Mayor, please give him a call or it will be discussed on Tuesday evening. sl cc\agn\p&z\appoint\sl Ile -- Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.