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2002-07-16 CC Packet ' CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JULY 16, 2002 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall • • WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or Immediately Following the Work Session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.087. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071 Consultation with City Attorney a. Seek advice of city attorney regarding pavement distress issues. b. Seek advice of city attorney regarding Oaklane North and South platting issues. c. Seek advice of city attorney regarding breach of contract by Pinnacle Integrated Technologies, Inc. d. Seek the advice of the attorney regarding Botanical Technologies, Inc. e. Seek advice of the City Attorney regarding proposed settlement offer by TXU. 2. Section 551.087 Deliberation Regarding Economic Development Negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the month, White's Chapel United Methodist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Parks and Recreation Board Report E. Committee Reports F. Local Business Report City of Southlake City Council Meeting Agenda July 16,2002 Page 2 of 6 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. Consent: A. Approval of the minutes of the regular City Council meeting held on June 18, 2002, and the Retreat meetings held on June 20 and 21, 2002. B. Resolution No. 02-041, Amending the City of Southlake's Authorized Representatives with TexPool. C. Authorizing the Mayor to execute an Interlocal Agreement between the City of Southlake and the City of Keller to purchase Keller's water customer connections within Southlake's city limits. D. Authorize the City Manager to reactivate a contract of sale with ECN Enterprises Inc., for the sale of Lot 2R, Block 1, Corner Addition, 200 Randol Mill Road, Southlake, Texas for $425,000. E. ZA01-140, Plat Revision of Lot E, Block 1, Old Orchard Country Estates, being approximately 3.5 acres of land located on the southwest corner of West Dove Road and Shady Oaks Drive. Current Zoning: SF-lA Single Family Residential District. SPIN Neighborhood#11. F. Ordinance No. 480-NN, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments." TABLED TO THE SEPTEMBER 17,2002, CITY COUNCIL MEETING. G. Resolution No. 02-048, Granting approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2002 Single Family Mortgage revenue Bonds to finance home mortgages for single family homes located within the city. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: 7 City of Southlake City Council Meeting Agenda July 16,2002 Page3of6 A. Ordinance No. 480-PP, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, regarding "Lot Area" within the "I-1" Light Industrial District and`B-1"Business Service Park District. PUBLIC HEARING B. Ordinance No. 480-398, 2nd Reading (ZA02-018) Rezoning and Concept Plan for Cornerstone Business Park, being approximately 9.3 acres of.land located on the northeast corner of Crooked Lane and S. Nolen Drive. Current Zoning: 0-1 - Office District and I-1 - Light Industrial District. Requested Zoning: I-1 - Light Industrial District.Amended Requested Zoning: SP-2 - Generalized Site Plan District with I-1 Light Industrial District uses. SPIN Neighborhood#7. PUBLIC HEARING C. ZA02-021, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located on the southeast corner of Exchange Boulevard and Silicon Drive. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood#7. PUBLIC HEARING D. Resolution No. 02-043 (ZA02-050) Specific Use Permit for Integrated Interiors to install a carport for non-residential property on property described as Lot 1, Block 2, Cornerstone Business Park,located at 2815 Exchange Boulevard. Current Zoning: I- 1 Light Industrial District. SPIN Neighborhood#7. PUBLIC HEARING E. Ordinance No. 480-399, 2nd Reading (ZA02-034) Rezoning and Site Plan for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Requested Zoning: S-P-1 - Detailed Site Plan District with C-2 - Local Retail Commercial District uses. SPIN Neighborhood#7. PUBLIC HEARING F. Ordinance No. 480-400, 2nd Reading (ZA02-038) Rezoning and Site Plan on property located at 2171 E. Southlake Boulevard (FM 1709). Current Zoning: B-1 Business Park District. Requested Zoning: S-P-1 Detailed Site Plan District Regulations with C-2 Local Retail Commercial District and limited C-3 General Commercial District uses. SPIN Neighborhood#8. PUBLIC HEARING G. Ordinance No. 480-402, 2nd Reading (ZA02-049) Rezoning and Concept Plan for Southlake Woods, Phase II, located west of S. Peytonville Avenue to include the east and northeast lots along Deer Hollow Boulevard; east and west lots along . Longhorn Hollow; and lots 5 through 14 along Weeping Willow Way. Amended request to include Lots 30-35R, Block 6, only. Current Zoning: SF-lA Single Family Residential District. Requested Zoning: SF-20A- Single Family Residential District. SPIN Neighborhood#16. PUBLIC HEARING H. Resolution No. 02-044 (ZA02-058) Specific Use Permit for Southlake Town Square Farmer's Market, on property described as Southlake Town Square, Phase I, and being 42.013 acres. The property is located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). City of Southlake City Council Meeting Agenda July 16,2002 Page 4 of 6 Current Zoning: NR-PUD Non-Residential Planned Unit Development District to include C-3 General Commercial District uses. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-224a, 1st Reading (ZA02-042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. Requested Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #8. (If approved on first reading, the public hearing will be held on August 6, 2002) 9. Resolutions: A. Resolution No. 02-045, Authorizing staff to apply for a Texas Forest Service Urban Forestry Partnership Grant related to a study for the proposed Nature Center. B. Resolution No. 02-046, Authorizing staff to apply for a Telecommunication Infrastructure Fund (TIF) Grant for Southlake Public Library. 10. Other items for consideration: A. Southlake participation level in the Texas Loan Star Libraries program. B. Request for a variance to Sign Ordinance No. 704-A for Ultimate Electronics located at 2727 E. Southlake Boulevard. 11. Other items for discussion: A. Specific Use Permit for Town Square Oktoberfest. 12. Meeting Adjourned. City of Southlake City Council Meeting Agenda July 16,2002 Page 5 of 6 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texgaron'hday, July 12, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 5, UTy�grr Tan • . • d • ma sh •• c Acti City Secretary ••;� *`� 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 817-481-1490 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda July 16,2002 Page 6 of 6 • EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advise of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of.Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001. 3.. City of Southlake vs. Timarron et.al. May 2001. 4. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 5. Leona and Raymond Fox vs. City of Southlake. April 2002. 6. David A. Gray vs. City of Southlake. April 2002. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. • gr City of Southlake CITY COUNCIL MEETING June 18, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tern Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, and Tom Stephen. CITY COUNCIL ABSENT: Keith Shankland STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Deputy Director of Community Services Steve Polasek, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Public Works Director Pedram Farahnak, Assistant to the Public Works Director Valerie Bradley, Director of Economic Development Greg Last, Economic Specialist Betsy Boyett, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson, Public Information Officer James Kunke, City Attorney Debra Drayovitch, Administrative Secretary Lori Farwell and Acting City Secretary Kim Bush. WORK SESSION: The work session was called to order by Mayor Stacy at 5:39 p.m. REGULAR SESSION: ;enda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:11 p.m. Agenda Item No. 2A, Executive Session: Mayor Rick Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; Section 551.086, deliberation regarding economic development negotiations. City Council adjourned for Executive'Session at 6:11 p.m. Mayor Stacy called the executive session to order at 6:15 p.m. Agenda Item No. 2B, Reconvene: Executive Session ended at 6:55 p.m. and City Council reconvened the regular meeting at 7:02 p.m. There was no action necessary as a result of the Executive Session. Agenda Item No. 3, Invocation was presented by Mayor Pro Tern Ralph Evans. Agenda Item No. 4, Reports: A. Mayor's Report: 1) Mayor Stacy announced upcoming meetings and events. 2) The Mayor presented plaques to Park Board Member Chris Miltenberger and Library Board Member Debbie Baynard for their service to the community. 3) Also during the Mayor's Report, Director Rick Black presented Life Saving Awards to dispatcher Dena Morgan and officer Robert Hodges for their part in helping to save the life of Ryan Johnson during a drowning incident. Mayor Stacy also presented a proclamation to Cody and Michael Johnson for their part in helping to save their little brother's life. UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 1 of 7 B. City Manager's Report: none C. SPIN Report: SPIN Representative Jackie Phillips informed the Council that Public Information Officer James Kunke met with the SPIN Standing Committee members to discuss enhancements to the Web site. Ms. Phillips also informed the Council that SPIN informational packets will be sent via email which will save several hundred dollars, also informational development meetings will be held at regular meetings on the 2'd and 4t Mondays of each month. Some of these meetings may be video taped for-showing on the local Cable channel. D. Parks and Recreation Report: Park Board Chair Bobby Rawls reported on activities at the area parks including a recent girls softball tournament which had 20 teams participating and an upcoming baseball tournament with 40 teams expected to participate. E. Committee Reports: None F. Local Business Report: Karen Bracken with Countrywide Mortgage made a brief presentation on the services they provide. Consent Agenda: A. Approval of the minutes of the City Council meeting held on May 20, 2002 Boards and Commission Interviews, and of the regular City Council meeting held on June 4, 2002. Approved as presented B. Resolution No. 02-020, Appointing two members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake. Approved appointing Councilmembers Rex Potter and Carolyn Morris to two-year terms. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE, PROVIDING AN EFFECTIVE DATE. C. Approval of Comprehensive Annual Financial Report for September 30, 2001. Approved as presented. D. Authorize the Mayor to execute a commercial developer's agreement for Cornerstone Plaza, Lot 1, Block A, a 5.8895 acre site located at the southeast corner of F.M. 1709 and S. Nolen Drive at 2700 block of E. Southlake Boulevard. Staff recommended approval as presented. E. ZA02-043,Development Plan for Southlake Town Square,Phase IV, located on the east side of Central Avenue, north side of E. Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #8. Tabled to the August 6,2002, City Council meeting. F. Ordinance No. 480-399,2nd Reading(ZA02-034)Rezoning and Site Plan for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Requested Zoning: S-P-1 - Detailed Site Plan District with C-2 - Local Retail. Commercial District uses. SPIN Neighborhood #7. As requested by the Applicant, this item to be tabled to the July 16, 2002, City Council meeting. UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 2 of 7 -4 G. ZA02-021, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located on the southeast corner of Exchange Boulevard and Silicon Drive. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. Tabled to the July 16, 2002, City Council meeting due to cancellation of July 2, 2002 meeting. H. Cancellation or rescheduling of the July 2, 2002, City Council meeting. July 2 meeting canceled due to lack of quorum during the holiday week. 8A. Ordinance No. 480-PP, 1st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, regarding "Lot Area" within the "I-1" Light Industrial District and `B-1" Business Service Park District. Staff recommends approving the wording change to the ordinance to bring existing districts into compliance. P&Z recommended approval at its June 6,2002 meeting. 8B. Ordinance No. 480-398, 1st Reading(ZA02-018)Rezoning and Concept Plan for Cornerstone Business Park, being approximately 9.3 acres of land located on the northeast corner of Crooked Lane and S. Nolen Drive. Current Zoning: 0-1 - Office District and I-1 - Light Industrial District. Requested Zoning: I-1 - Light Industrial District. SPIN Neighborhood #7. At applicants request, Council. approved SP-2 zoning with I-1 uses. Motion was made to approve consent agenda items 5A, 5B, 5C, 5D, 5E(to table), 5F(to table), 5G(to table), 5H(to cancel), 8A, and 8B (for SP-2 zoning with I-1 uses) as discussed tonight and presented above. Motion: Stephen Second: Evans Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none pproved: 6-0 Regular Agenda: 6A. Public Forum. There were no comments from the audience during Public Forum. 7A. Ordinance No. 480-275a, 2nd Reading (ZA01-124) Rezoning and Concept Plan for Remington Retirement Community located on the south side of W. Southlake Boulevard (FM 1709), south of the intersection of W. Southlake Boulevard (FM 1709) and W. Jellico Circle. Current Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi- family residential uses. Requested Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-family residential and (senior) two-family residential uses. SPIN Neighborhood #15. Senior Planner Dennis Killough presented the request and stated that the applicant has incorporated all the changes discussed on lst reading including: reduced number of units from 365 to 314, reduced the east and west wings from three stories to two stories, added a 6-foot pre-cast concrete wall along the west side of Owenwood Drive, added 4-inch caliper Red Oaks along the east boundary common with the Wiesman property at 20' on center, and added 10 villa units to the south portion of the property. P&Z recommended approval at its meeting on March 7, 2002, subject to review. Public Hearing: Mario Molina, 1481 E. Dove Street. Spoke in favor of the project commenting that this is something the residents of Southlake need. UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 3 of 7 • Dick Johnston, former long-time resident of Southlake was present and spoke in favor of the project. A letter of support with 28 signatures was submitted to the Council and has been included with the minutes. There were no other comments during the Public Hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: 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 TRACTS 4F, 4F1, 5A1B, 6A1, AND A PORTION OF TRACT:6B SITUATED IN THE JESSE. G. ALLEN SURVEY, ABSTRACT NO. 18,. AND BEING APPROXIMATELY 22.558 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE FACILITY,' NURSING CARE FACILITY, AND (SENIOR)MULTI-FAMILY RESIDENTIAL USES TO "S-P-2" GENERALIZED SITE ;PLAN- DISTRICT TO INCLUDE. PERSONAL CARE FACILITY, NURSING; CARE..FACILITY, AND (SENIOR) MULTI-FAMILY RESIDENTIAL AND ;(SENIOR) TWO-FAMILY RESIDENTIAL USES AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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. Motion was made to approve Ordinance No. 480-275a, 2nd Reading, as presented tonight and further subject to Concept Plan Review Summary No.4, dated June 14, 2002. Motion: Potter Second: Moths Ayes: Evans,Moths,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 7B. ZA01-125, Site Plan for Remington Retirement Community located on the south side of W. Southlake Boulevard (FM 1709), south of the intersection of W. Southlake Boulevard (FM 1709) and W. Jellico Circle. Current Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, and(senior) multi-family residential uses. Proposed Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-family residential and UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 4 of 7 (senior) two-family residential uses. SPIN Neighborhood #15. Senior Planner Dennis Killough presented the request and commented that there are no variances requested and the articulation is in compliance with City requirements. P&Z recommended approval at its meeting on March 7,2002. There were no comments during the Public Hearing. Motion was made to approve ZA 01-125, Site Plan for Remington Retirement.Community subject to Site Plan Review Summary No. 3,dated June 14, 2002. Motion: Evans Second: Standerfer Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 7C. Resolution No. 02-042, Denying TXU Gas Distribution's request to change rates in the North Texas Metroplex Distribution System; requiring prompt reimbursement of cities' rate case expenses. Staff recommended denying TXU's application for a gas rate increase as recommended by the consultants and counsel retained by a coalition of cities to study this request. There were no comments during the Public Hearing. (Oncor representative Kenneth Govan spoke earlier and gave a brief presentation in work session.) In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: RESOLUTION DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE EXPENSES Motion was made to approve Resolution No. 02-042, Denying TXU Gas Distribution's request for a rate change. Motion: Standerfer Second: Stephen Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 8C. Ordinance No.480-400, 1st Reading(ZA02-038)Rezoning and Site Plan on property located at 2171 E. Southlake Boulevard(FM 1709). Current Zoning:B-1 Business Park District.Requested Zoning: S-P-1 Detailed Site Plan District Regulations with C-2 Local Retail Commercial District and limited C-3 General Commercial District uses. SPIN Neighborhood#8. Senior Planner Dennis Killough presented the request stating that the applicant has indicated that Eatzi's is the intended tenant in the eastern building on the site and further that the applicant, is requesting a 5-foot driveway spacing variance. P&Z recommended approval (6-0) at its meeting on June 6, 2002, subject to review, deleting variance requests for impervious coverage, continuing lighting discussions with adjacent residents, and acknowledging the applicant's desire to relinquish rights of access through the property to the west. The applicant Tommy Pigg, 1207 Strathmoore, Southlake, Texas, was present to answer questions of Council. He commented that they have agreed to revoke access with Gateway Church, will comply with 70% max impervious coverage, recommending 20-foot lighting type RA25, and, as suggested, UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 5 of 7 • will provide decorative appliques to the steel door. Architect Tom Hutch further agreed to plant ivy along the east wall. Motion was made to approve Ordinance No. 480-400, 1st Reading, subject to Site Plan Review - Summary No. 4, dated June 14, 2002, and further subject to 20-foot lighting type RA25 as shown on page two of ERA International Design Luminaire (or something equivalent), granting a 5-foot variance on driveway spacing, and further limited to changes discussed tonight. Motion: Standerfer Second: Stephen Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 Martha Taylor,209 Eastwood Drive. Ms. Taylor spoke in opposition to the request and read from a letter prepared by Pamela Muller. Ms. Taylor commented that the current land use designation in - this area has been working well and she is concerned with spot zoning. 8D. ZA02-039, Preliminary Plat for Lots 1 & 2, Buchanan Addition, located at 2171 E. Southlake Boulevard (FM 1709). Current Zoning: B-1 Business Park District. SPIN Neighborhood #8. Senior Planner Dennis Killough presented the preliminary plat and stated that P&Z recommended approval at its meeting on June 6,2002, subject to Plat Review Summary No. 3 dated May 31,2002. The applicant Tommy Pigg was present to answer questions and confirmed that the zoning on the remainder of the property would remain B-1. Motion was made to approve ZA 02-039 subject to Plat Review Summary No. 4, dated June 14,2002. Motion: Standerfer Second: Stephen Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 8E. ZA02-057, Plat Revision for 2171 East Southlake Boulevard (FM 1709) (Lot 1, Buchanan Addition) being on the south side of E. Southlake Boulevard approximately 1,000 feet west of Kimball Avenue. Current Zoning: B-1 Business Park District. SPIN Neighborhood#8. Senior Planner Dennis Killough presented ZA 02-057, and stated that P&Z recommended approval at its meeting on June 6, 2002, subject to Plat Review Summary No. 1, dated May 31,2002. Motion was made to approve ZA 02-057 subject to Plat Review Summary No. 2,dated June 14,2002. Motion: Standerfer Second: Stephen Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 8F. Ordinance No. 480-402, 1st Reading (ZA02-049) Rezoning and Concept Plan for Southlake Woods, Phase II, located west of S. Peytonville Avenue to include the east and northeast lots along Deer Hollow Boulevard; east and west lots along Longhorn Hollow; and lots 5 through 14 along Weeping Willow Way. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-20A- Single Family Residential District. SPIN Neighborhood #16. Senior Planner Dennis Killough presented Ordinance No. 480-402 and stated that P&Z recommended approval at its June 6, 2002 UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 6 of 7 meeting subject to Concept Plan Review Summary No. 2,dated May 31, 2002, as it pertains to lots 30R through 36R, Block 6 (lot 36R being the pond).The applicant Greg Pound, Project Manager, was present to answer questions and confirmed that the rezoning request is only for the 6 lots backing up to the pond. He stated that no set backs would change, the pond will have a wrought iron fence to separate it from the residential lots, and the pond area will be maintained by the Homeowners Association. Motion was made to approve Ordinance No. 480-402, 1st Reading, for lots 30-35R,block 6, and further subject to Concept Plan Review Summary No. 2, dated May 31,2002. Motion: Standerfer Second: Stephen Ayes: Evans,Morris,Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 12. Adjournment. There being no further business to discuss, the meeting was adjourned at 8:20 p.m. ATTEST: Mayor Rick Stacy gin Bush, Acting City Secretary UNOFFICIAL City Council Meeting Minutes, June 18, 2002 Page 7 of 7 City of Southlake CITY COUNCIL JUNE RETREAT MEETING DAY ONE—JUNE 20, 2002 4.00 p.m. MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, and Tom.Stephen. CITY COUNCIL ABSENT: Keith Shankland STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen Elam, Planning Director Bruce Payne, Public Works Director Pedram Farahnak, Director of Economic Development Greg Last, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson, Director of Human Resources Harold Cates, Public Information Officer James Kunke, City Manager's Office Interns Ben Thatcher and Garrett Mills, and Acting City Secretary Kim Bush. Agenda Item No. '1. City Manager Billy Campbell stated that the purpose of the Retreat is to take some informal time to begin preparations for the upcoming budget year and to plan for the next twelve months. He also commented on accomplishments made since the last Retreat. Mr. Campbell informed the Council that the agenda order has changed in order to accommodate the City Attorney's schedule. Agenda Item No. 2. Discussion. Status of FM1938 Expansion and SH114 Wall Street Bridge. Director of Planning Bruce Payne discussed the status of the FM1938 (Randol Mill) expansion project and the Wall Street bridge. He stated that the expansion plans have been approved by TxDOT, but State funding has not yet been secured. The County is working on right-of-way acquisition and the City will be programming funds in the CIP for trails, landscaping, utility relocation, etc. Replacement of the Wall Street bridge is still being considered and TxDOT has submitted three additional alternatives. Nothing will be done about he bridge until the funnel project further east on SH114 has started. This will give TxDOT the opportunity to study how effectively the existing Wall Street bridge and the new bridge to Northwest Highway are functioning. SB 1074-Racial Profiling. Police Chief Marlin Price discussed Southlake DPS compliance with Senate Bill 1074 addressing racial profiling. Chief Price commented that the department has developed a policy, established a complaint process, conducted training for all officers, and has developed a data collection system. The Texas Commission on Law Enforcement will review the City's documentation. Staff is recommending that an independent criminal justice professionalibe used to review and provide insight into data analysis. Regional Transit Study. Director of Economic Development Greg Last discussed the Regional Transit Study and recommended that City Council support the study requested by Metroport Cities Partnership to be performed by COG at no cost to the cities. The COG is the Metropolitan Planning Organization for the D/FW area and they annually undertake internal studies as a service to member communities. City Council indicated to staff their support of the study. Drainage Master Plan and Storm Water Phase II. Director of Public Works Pedram Farahnak discussed the Drainage Master Plan scope stating that the master plan follows the recommendation of the 1998 Master Drainage Report, performs actual surveys of all primary creeks, provides estimated cost of necessary drainage improvements, establishes funding mechanism and fees for drainage related improvements, and complies with the Phase II Storm Water Clean Water Act. He explained that rules were developed as part of the National Pollutant Discharge Elimination System (NPDES) in compliance with the Clean Water Act to prevent excessive amounts of pollutants from entering the state and U.S. waters. The NPDES permit application to the EPA is due by March 10, 2003. Mr. Farahnak commented that the creation of a Drainage Utility System (DUS) would be a possible funding source. The Texas Local Government Code allows assessments of fees on an improved property for drainage service improvements. The Council commented on their concerns with collecting a fee from residents prior to knowing the actual cost for improvements. Pavement Management. Director of Public Works Pedram Farahnak discussed pavement issues in Southlake and commented that there are 180 miles of paved road (excluding SH114, FM1709, and FM1938), 54% are asphalt, 45.5% are concrete, and 0.5% are gravel. Staff is already in the process of{acquiring a report that will measure current pavement conditions street-by-street by measuring surface distress, riding comfort, and structural adequacy. The final report will give an overall picture of required funds needed to properly maintain the street network and will prioritize streets according to need for maintenance for most cost effective use of funds. Fort Worth Water Contract. Director of Public Works Pedram Farahnak discussed the proposed Fort Worth "uniform" contract and the current "non-uniform" contract. In the proposed contract, Fort Worth has agreed to Southlake's second point of connection for water supply at the Caylor Road tank, has agreed to construct an additional 48" diameter supply pipe to the Caylor tank at a cost of $9,000,000 — Southlake's share of the cost is $2,970,000 which must be paid over a 60-month period starting in FY2004-05. The.City will be required to collect "System Access Fees" or impact fees for all new and enlarged water connections. City Council discussed implementing water conservation methods i.e., automatic sprinkler shutoffs when its raining, charges for using more than a certain amount of water. FY2002-03 Review. Director of Finance Sharen Elam presented an overview of revenues collected and expenditures to-date. Ms. Elam informed the Council that current estimates indicate that the City will end the year with a 23.4% fund balance. She stated that changes to the FY2002-03 budget included reducing expenditures by $680,000 and forgoing capital projects for the year. Fee Schedule. Director of Finance Sharen Elam commented that the fee schedule is reviewed and compared to other cities in the area annually by each department. A presentation on recommended changes was made by each department Comments from City Council included: 1. Building Services Non-Refundable plan deposit — Mayor Stacy did not support the charge. He felt this was the cost of doing business. Councilmembers Potter and Stephen support charging. 2. Councilmember Potter recommended reviewing the fees associated with tower leases. 3. Staff is suggesting a volunteer donation to the Library on customer water bills. 4. Council would like to get a copy of the steps in the plan process (presented by the Planning Department) and suggested that other departments show the steps involved in their area. 5. Councilmember Stephen requested information on the collection of traffic tickets and whether the rate of collection has gone up since hiring the new judge. 6. Consider SPDC and Crime Control covering the cost for vehicle replacement in each of their areas. Town Square TIF Issues. Director of Finance Sharen Elam and City Manager Billy . Campbell discussed the developer reimbursement that was approved in Phase I and II, Town Square developer agreements. Council was provided a binder from Cooper and Stebbins. Mr. Campbell suggested that Council review the 10-page summary provided at the beginning of the binder. He explained that the agreement addressed reimbursement for infrastructure cost up to $4 million in Phase I and $500,000 in Phase II. Staff is requesting direction from City Council on what approach to take on reimbursing the developer. The following options were discussed: 1. Follow the agreement 100% 2. Reimburse the developer limited to TIF revenues in excess of debt service requirement over$10 million. 3. Reimburse the developer according to amortization schedule at 7.9% interest. 4. Issue bonds to reimburse developer 100% at possible 4% interest. Councilmember Stephen suggested that an audit be conducted and that the effect of each of the options be detailed and brought back to City Council for consideration at its next regular meeting. Et Town Hall Parking Agreement. City Manager Billy Campbell discussed parking issues for Town Hall. He commented that he and Brian Stebbins are meeting on a regular basis to discuss Town Hall issues and working out issues on parking. Public Improvement District. Director of Economic Development Greg bast discussed the merits of initiating a Public Improvement District (PID) on a portion of Terrabrook's Aventerra project (Tract II) and requested direction on whether or not to proceed with PID No. 1. Mr. Last commented that a full financial analysis has been performed by First Southwest regarding various financial characteristics of the program and is included in the PID No. 1 booklet that was provided with the Retreat binder. The City Attorney's office as well as bond counsel have been involved in the preliminary evaluation and preparation of materials for the PID No. 1. Jim Sabonis with First Southwest was presented and commented that there are no negative impacts on the City associated with a PID. Council agreed that staff should move forward with the development of PID No. 1. Agenda Item No. 3. Executive Session. No executive session was held on Day One of the Retreat. An addendum to the agenda for Day Two was posted to include an executive session. Agenda Item No. 4 Adjournment. There being no further business to discuss on Day One of the Retreat the meeting was adjourned at 8:35 p.m. Mayor Rick Stacy ATTEST: Kim Bush Acting City Secretary City of Southlake CITY COUNCIL JUNE RETREAT MEETING DAY TWO -JUNE 21, 2002 9:00 a.m. MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy (10:00 a.m.), Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter. CITY COUNCIL ABSENT: Keith Shankland and Torn Stephen STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen Elam, Planning Director Bruce Payne, Public Works Director Pedram Farahnak, Director of Economic Development Greg Last, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson, Director of Human Resources Harold Cates, Public Information Officer James Kunke, City Manager's Office Interns Ben Thatcher and Garrett Mills, City Attorney Allen Taylor and Tim Sralla, and Acting City Secretary Kim Bush. Agenda Item No. 1. Discussion. Comprehensive Plan Process — Committee Appointments. Director of Planning Bruce Payne discussed the appointment of a committee to study and recommend a comprehensive plan update. Staff is recommending a 15-member committee to consist of 2 City Council members, 2 Planning and-Zoning members, 1 Park Board member, 1 Senior Advisory member, 1 Crime Control and Prevention District member, 1 SPIN representative, 2 CISD board members, 1 developer, 1 chamber member, 1 major employer, and 2 unaffiliated citizens. Councilmember Morris suggested that each Council member be allowed to make an appointment. City Manager Billy Campbell suggested that staff proceed with advertising for applications and Council can decide on the method of selection at a later date. Mr. Payne also commented that staff is recommending an outside independent consultant to assist with fiscal analysis of scenarios and a neutral facilitator to manage the conversation of the committee. Addendum Agenda Item No. 1. Executive Session. Mayor Pro Tern Ralph Evans announced that Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551.071, Consultation with City Attorney, to discuss status of pending and/or contemplated lawsuits. The Executive Session was called to order at 9:35 a.m. and the meeting was reconvened in open session at 11:05 a.m. There was no action taken as a result of the executive session. Agenda Item No. 1. Discussion continued. Annual Project Prioritization by City Council —Results of Council Ranking. Director of Economic Development Greg Last discussed the June 17, 2002, revised priority ranking of projects. Council made the following comments: 1. Continue reviewing driveways cuts on an individual basis and allowing Council approved variances. 2. Place zoning issues higher on the ranking 3. Review PUD zoning — separate residential from commercial and study minimum acreage required. 4. Consider municipal Golf Course — Corps of Engineers property or possibly a Par 3 course along SH114 5. Pursue a Driving range with batting cages 6. Include PID for Aventerra 7. Include sewer for SH114 8. Telecommunication/Fiber to provide incentive for commercial development 9. Flag Park recognizing all Southlake residents' origin — either at Town Square park or future park 10. Enhance joint use projects — need dedicated city entrance to gymnasiums and resolve any outstanding fee issues 11. Multipurpose facility with public/private partnership — convention center or ice rink Agenda Item No. 2. Consider a 60-day time extension of water purchase contract between the City of Southlake and the City of Fort Worth. Director of Public Works Pedram Farahnak commented that the extension was needed in order to review the contract in more detail. Motion was made to approve the 60-day extension of the Fort Worth Water Contract. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Stacy, Standerfer Nays: none Approved: 5-0 Agenda Item No. 3. Adjournment. There being no further business to discuss the meeting was adjourned at 12:20 p.m. Mayor Rick Stacy ATTEST: Kim Bush Acting City Secretary REGULAR PLANNING & ZONING COMMISSION MEETING. July 18, 2002 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:00 P.M. 1. Discussion of all items on tonight's meeting agenda. EXECUTIVE SESSION: If a need arises to seek the advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting, the issues or matters will be discussed in executive session. 1. Pursuant to Section 551.071, Texas Government Code, the Commission may meet in executive session to consult with the City Attorney regarding matters authorized by Section 551.071, including matters posted on this agenda. 2. Reconvene: Action necessary on items discussed in executive session. REGULAR SESSION: 6:30 P.M. 1. Call to Order. 2. Approval of the minutes of the Planning and Zoning Commission meetings held on June 17, 2002 and June 20, 2002. 3. Administrative Comments. CONSENT AGENDA: 4. Consent: ZA02-055, FINAL PLAT FOR SIENA PHASE II located on the southwest corner of Siena Drive (where it cul-de-sacs). Current Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood # 15. 5. Consent: ZA02-056, FINAL PLAT FOR SIENA PHASE III located on the northeast corner of Siena Drive and Union Church Road. Current Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood # 15. 4.� L(1 PLANNING AND ZONING COMMISSION AGENDA July 18,2002 ` PAGE 2 REGULAR AGENDA: 6. Discussion: 2002 TRAFFIC COUNT STUDY: Summarize results from the 2002 Traffic Count Study. 7. Discussion: CENSUS 2000 DATA: Summarize the new Census 2000 Data (Educational Attainment, Employment Status, Occupation, and Income) released this summer. 8. Consider: ZA02-046, ZONING CHANGE AND SITE PLAN FOR GYMNASTICS PLUS located at 1363 Brumlow Avenue. Current Zoning: "AG" Agricultural District. Requested Zoning: "I-1" Light Industrial District. SPIN Neighborhood# 7. PUBLIC HEARING 9. Consider: ZA01-116, REZONING FOR TRACT 1E, J. CHIVERS SURVEY, NO. 350 ADDITION located at 2535 N. White Chapel Boulevard and being approximately 3.6 acres. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF- 1A" Single Family Residential District. SPIN Neighborhood # 2. PUBLIC HEARING 10. Consider: ZA02-065, REVISED PRELIMINARY PLAT FOR GATEWAY PLAZA PHASE II on property located on the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: "S-P-2" General Site Plan District Regulations with "C-3" General Commercial District uses. SPIN Neighborhood # 7. PUBLIC HEARING 11. Consider: ZA02-067, SPECIFIC USE PERMIT FOR BUCA DI BEPPO RESTAURANT to allow the sale of alcoholic beverages for on-premise consumption. The property is located on the southeast corner of State Highway 114 and North Nolen Drive. Current Zoning: "S-P-2" General Site Plan District Regulations with "C-3" General Commercial District uses. SPIN Neighborhood# 7. PUBLIC BEARING 12. Discussion: COMPREHENSIVE DISCUSSION OF THE CITY'S "MH" MANUFACTURED HOUSING ZONING DISTRICT. 13. Consider: MEETING ADJOURNMENT ..4 PLANNING AND ZONING COMMISSION AGENDA July 18,2002 PAGE 3 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, July 12, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551 v Kim sh **,it ,,,, Acti g City Secretary 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 481-1519, and reasonable accommodations will be made to assist you. 'UNOFFICIAL 1VIINUTESmNOT APPROVED BYP�&Z C ..M I,SSIO 1 SPECIAL PLANNING AND ZONING 2 COMMISSION MEETING 3 June 17, 2002 4 5 COMMISSIONERS PRESENT: Chairman Jim Murphy, Vice Chairman John Terrell, and 6 Commissioners: Vernon Stansell, Bret Boren, Doug Standley,Ralph Williams, and Darrell Faglie. 7 8 COMMISSIONERS ABSENT: None 9 10 CITY STAFF PRESENT: Bruce Payne, Director of Planning; E. Allen Taylor, Jr.,City Attorney; 11 Dennis Killough, Senior Planner; Ken Baker, Senior Planner; and Lorrie Fletcher, Administrative 12 Secretary. 13 14 Chairman Murphy called the meeting to order at 6:33 p.m. 15 16 AGENDA ITEM#2, ADMINISTRATIVE COMMENTS: 17 18 There were no administrative comments. 19 20 Chairman Murphy announced an Executive Session in order to seek the advice of the City Attorney 21 pursuant to Section 551.071, Texas Local Government Code, regarding matters posted on this 22 agenda. The Executive Session commenced at 6:34 p.m. and ended at 7:44 p.m. Chairman Murphy 23 called the meeting back to order and asked the Commissioners if there was any action necessary as a 24 result of the Executive Session. There was no action necessary. 25 26 AGENDA ITEM#4, MEETING ADJOURNMENT: 27 Chairman Murphy adjourned the meeting.at 7:45:01p.m. on June 17, 2002. 28 29 30 31 32 33 36 Chairman Jim Murphy 37 38 ATTEST: 39 40 41 43 44 Lorrie Fletcher 45 Administrative Secretary Planning and Zoning Commission Meeting Minutes on June 17, 2002 1 UNOFFICIAL MINUTES NOT APPR O VED B YP&Z COMMISSION 1 REGULAR PLANNING AND ZONING 2 COMMISSION MEETING 3 June 20, 2002 4 5 COMMISSIONERS PRESENT: Chairman Jim Murphy, Vice Chairman John Terrell, and 6 Commissioners: Vernon Stansell,Bret Boren,Doug Standley,Ralph Williams, and Darrell Faglie. 7 8 COMMISSIONERS ABSENT: None 9 10 CITY STAFF PRESENT: Dennis Killough, Senior Planner;Angela Turner,Graduate Engineer;and 11 Louie Fletcher, Administrative Secretary. 12 13 Chairman Murphy called the meeting to order at 6:30 p.m., and announced that Bruce Payne, 14 Director of Planning, would not be present this evening. 15 16 AGENDA ITEM# 2, APPROVAL OF MINUTES: 17 Chairman Murphy opened discussion of the minutes of the Planning and Zoning Commission 18 meeting held on June 6, 2002. 19 20 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on 21 June 6, 2002, as presented. 22 23 Motion: Stansell 24 Second: Terrell • 25 Ayes: Stansell, Terrell, Boren, Standley,.Faglie, Murphy 26 Nays: None 27 Abstain: Williams 2.8 Approved: 6-0-1 29 Motion carried. 30 31 32 AGENDA ITEM# 3, ADMINISTRATIVE COMMENTS: 33 34 Dennis Killough announced that the City Council meeting scheduled for July 2, 2002, has been 35 cancelled. 36 37 38 AGENDA ITEM # 4, ZA01-140, PLAT REVISION, LOT E, BLOCK 1, OLD ORCHARD 39 COUNTRY ESTATES: 40 Senior Planner Dennis Killough presented this item to the Commission for a plat revision. The 41 property is located on the southeast corner of West Dove Road and Shady Oaks Drive. The Current 42 Zoning is "SF-1A" Single Family Residential District. SPIN Neighborhood# 11. The Owners are 43 Rosemma Neill & Kay Gunn. The Applicant is Landes & Associates, Inc. Planning and Zoning Commission Meeting Minutes on June 20, 2002 1 =UNOFFICIAL"MINUTES NOT APPRO VEA,ArP4:4KTOMMASNOX 1 The Applicant was not present to discuss this item with the Commission. 2 3 Chairman Murphy opened the public hearing (06-20-02, CD 1, 6:34:37) 4 ' 5 Noyce McGarity, 2050 N. Shady Oaks Drive, Southlake, TX stated his concern for a possible zoning 6 change on this property and asked about the adjacent property owners. 7 8 Chairman Murphy closed the public hearing(06-20-02, CD 1, 6:36:10) 9 10 Chairman Murphy called for discussion from the Commissioners. 11 12 Motion was made to approve ZA01-140, subject to Plat Review Summary No. 3, dated June 14, 13 2002. 14 15 Motion: Stansell 16 Second: Terrell 17 Ayes: Terrell, Boren, Standley, Williams, Faglie, Stansell, Murphy 18 Nays: None 19 Approved: 7-0 20 Motion carried. 21 22 23 AGENDA ITEM# 5, ZA02-050, SPECIFIC USE PERMIT FOR INTEGRATED INTERIORS: 24 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit to 25 install a carport for non-residential property on property described as Lot 1, Block 2, Cornerstone 26 Business Park. The property is located at 2815 Exchange Boulevard. The Current Zoning is "I-1" 27 Light Industrial District. SPIN Neighborhood # 7. The Owner is Integrated Interiors, Inc. The 28 Applicant is Blake Architects. 29 30 Skip Blake (Blake Architects) presented this item to the Commission. 31 32 Carports for non-residential property are permitted upon approval of a Specific Use Permit under 33 the conditions specified in Ordinance 480, Section 45.11. The following is being requested: 34 35 • Maximum number of spaces: The maximum number of spaces that maybe covered 36 by a carport shall not exceed six(6)spaces. The applicant is requesting to have nine 37 (9) covered spaces. If the carport is not visible from a public right-of-way or 38 • residential property(as defined by Ord.480, Section 43,an increase in spaces can be 39 approved. 40 41 The proposed carport appears to be visible from the public right-of-way of Silicon Drive. 42 . 43 Chairman Murphy opened the public hearing (06-20-02, CD 1, 6:47:38) Planning and Zoning Commission Meeting Minutes on June 20, 2002 2 NOFFICIAL MINCTESNOT APPROVED DYP&Z COMMlSSIO 1 No one in the audience came forward to speak. 2 3 Chairman Murphy closed the public hearing (06-20-02, CD 1, 6:47:49) 4 5 Chairman Murphy called for discussion from the Commissioners. 6 7 Motion was made to approve ZA02-050, to allow for the additional covered parking spaces as 8 requested. 9 10 Motion: Stansell 11 Second: Terrell 12 13 An Amended Motion was made to approve ZA02-050,to allow for the additional covered parking 14 spaces as,requested, and to stipulate that the masonry, roofing materials, and roof pitch used will 15 match the main building. 16 17 Motion: Stansell 18 Second: Terrell 19 Ayes: Boren, Standley, Williams, Faglie, Stansell, Terrell, Murphy 20 Nays: None 21 Approved: 7-0 22 Motion carried. 23 24 25 AGENDA ITEM # 6, ZA02-058, SPECIFIC USE PERMIT FOR SOUTHLAKE TOWN 26 SQUARE FARMER'S MARKET: 27 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit to 28 allow outdoor vendor sales in temporary or moveable structures, under the provisions of the 29 Southlake Town Square NR-PUD zoning district, for the Southlake Town Square Farmer's Market. 30 The property is located on the northeast corner of the intersection of North Carroll Avenue and East 31 Southlake Boulevard(FM 1709). The Current Zoning is "NR-PUD" Non-Residential Planned Unit 32 Development District to include "C-3" General Commercial District uses. SPIN Neighborhood#8. 33 The Owner/Applicant is Cooper & Stebbins. 34 35 *Due to technical difficulties, Chairman Murphy called for a break at 6:52... the meeting was called 36 back to order at 7:05. 37 38 Brian Stebbins (Cooper & Stebbins) presented this item-to the Commission. 39 40 Chairman Murphy opened the public hearing(06-20-02, CD 1, 7:30:40) 41 42 No one in the audience came forward to speak. 43 Planning and Zoning Commission Meeting Minutes on June 20, 2002 3 UNOFFICIAL MINUTES NOT APPR O VED B Y P&Z,COMMISSION 1 Chairman Murphy closed the public hearing (06-20-02, CD 1, 7:30:49) 2 3 Chairman.Murphy called for discussion from the Commissioners. 4 5 Motion was made to approve ZA02-058. 6 7 Motion: Stansell 8 Second: Terrell 9 Ayes: Standley, Williams, Faglie, Stansell, Terrell, Boren, Murphy 10 Nays:None 11 Approved: 7-0 12 Motion carried. 13 14 15 AGENDA ITEM# 7, ZA02-036, SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC 16 BEVERAGES AT PEI WEI ASIAN DINER: 17 This item was withdrawn by the Applicant on May 28, 2002. 18 19 20 AGENDA ITEM# 8, COMPREHENSIVE DISCUSSION OF THE CITY'S "MH" 21 MANUFACTURED HOUSING ZONING DISTRICT: 22 23 Chairman Murphy presented a suggested outline of discussion. Each Commissioner gave their 24 input on what changes, if any, they want to make to the language of the ordinance. Suggestions 25 were noted by Staff. 26 27 Although there was not a public hearing on this item...Chairman Murphy allowed Mr. Sandow to 28 speak: 29 30 Richard Sandow, 1750 Sleepy Hollow, Southlake, TX shared information with the Commission 31 regarding this discussion item. 32 33 34 AGENDA ITEM# 8, MEETING ADJOURNMENT: 35 Chairman Murphy adjourned the meeting at 8:10:03 p.m. on June 20, 2002. 36 37 38 39 40 41 44 Chairman Jim Murphy Planning and Zoning Commission Meeting Minutes on June 20, 2002 4 U1 VFFICIAL IVIINTITES NOT APPROVED P&Z'COMMZSSIO 2 3 4 5 ATTEST: 6 7 8 9 10 11 13 Lorrie Fletcher 14 Administrative Secretary 15 16 17 18 19 N:\Community Development\WP FILES\MTG\MIN\22002\06 20-02.DOC Planning and Zoning Commission Meeting Minutes on June 20, 2002 5 City of Southlake, Texas MEMORANDUM July 11, 2002 TO: Billy Campbell, City Manager,,. FROM: Sharen Elam, Director of Finance SUBJECT: Resolution No. 02-041, Amending The City of Southlake's Authorized • Representatives with TexPool. Action Requested: Approval of Resolution No. 02-041, to amend the authorized representatives with the City's public funds investment pool, TexPool. Background Information: There have been recent changes in key personnel at the City. Personnel that are no longer employed at the City are authorized by resolution to conduct transactions with TexPool. Also the new Assistant Finance Director is responsible for managing TexPool and is not currently authorized to conduct transactions with TexPool. The designation of the City's authorized representatives is a critical step to maintaining internal controls over the City's investment in TexPool. Only authorized representatives are permitted to initiate deposits and withdrawals from the City's TexPool accounts. As turnover or reassignment of investment officers occur, it is imperative that the City amend the TexPool authorized representatives to safeguard the balances in the City's accounts. TexPool requires that this amendment be accomplished by a resolution. Previously Billy Campbell, Sandra LeGrand, and Lynn Warren have been authorized representatives with TexPool. Therefore it is recommended that the following personnel be named authorized representatives with TexPool: • Sharon Guess, Assistant Finance Director • Lynn Warren, Senior'Accountant • Sharen Elam, Director of Finance Financial Considerations: Approval of the Resolution will have no financial impact. Investing activities and the safety of invested funds at TexPool could be compromised if the resolution is not approved. Citizen Input/ Board Review: There is no requirement for citizen or board review of the resolution naming authorized representatives for TexPool transactions. Legal Review: The resolution has been reviewed by the City attorney's office. Billy Campbell, City Manager July 11, 2002 Page 2 Alternatives: None available. Supporting Documents: Resolution No. 02-041. Staff Recommendation: Approval of Resolution No. 02-041. RESOLUTION NO. 02-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE' CITY OF SOUTHLAKE'S AUTHORIZED REPRESENATIVES WITH "TEXPOOL". . WHEREAS, the City of Southlake is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased.with local investment funds; and WHEREAS, it is in the best interest of the City of.Southlake to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"),' a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Southlake and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. Section 2. That an Authorized Representative of the City of Southlake may be deleted by a written instrument signed by all remaining' Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City of Southlake's TexPool account or (2) is no longer employed by the City of Southlake; and Section 3. That the City of Southlake may by Amending Resolution signed by the City of Southlake add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the City of Southlake; List the Authorized Representatives of the City of Southlake. These individuals will be issued P.I.N. numbers to transact business via the phone with a participant service representative. 1. Name Sharon Guess Title: . Assistant Finance Director Signature ' Phone Number: 817-481-1733 • Resolution No.02-041 Page 2 2. Name Lynn Warren Title: i Senior Accountant Signature Phone Number: 817-481-1725 3. Name Sharen Elam Title: Director of Finance Signature Phone Number: 817-481-1713 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name Sharon Guess Email sguessC&cityofsouthlake.com Section 4. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City of Southlake, and until TexPool receives a copy of any such amendment or revocation. PASSED AND APPROVED this the day of , 2002. CITY OF SOUTHLAKE, TEXAS ATTEST: - Mayor Rick Stacy Kim Bush Acting City Secretary M:\WDFILES\RES99INV.DOC I City of Southlake, Texas MEMORANDUM July 16, 2002 To: Billy Campbell, City Manager • From: Pedram Farahnak, P.E., Director of Public Works, Ext. 2308 • Subject: Authorize the Mayor to execute an interlocal agreement between the City of Southlake and the City of Keller to purchase Keller's water customer connections within Southlake City limits. _ V Action Requested: Authorize the Mayor to execute an interlocal agreement between the City of Southlake and the City of Keller to purchase.Keller's water customer connections within Southlake city limits. These water connections and the associated assets are located within an area bounded by Pearson Lane, Randol Mill Road, Florence Road and Johnson Road. Background . Information: In November 2001, the City staff informed the City Council of the City of Keller's interest to convey approximately 212 water customer connections to the City of Southlake for an appraised value of $27,615 or $130 per connection. The City Council gave favorable response and directed the City staff to proceed with preparation of an interlocal agreement for consideration by the City Council. As a part of rehabilitation of Johnson Road pavement from Randol Mill to Pearson Lane, a 12-inch water line is planned to be extended for increased floww and pressure to the area customers. The City of Keller has a four (4) - inch water line under Johnson Road and has been serving water customers within Southlake City limits. Since this four (4) inch water pipe was too small, aged and in need of relocation to outside of the pavement area and since Southlake was extending a 12-inch water line on Johnson Road; it was decided to hire the firm of Reed, Stowe and Yanke to appraise the value of Keller's connections for possible recommendation to the City Council for acquisition. The appraisal was completed in November 2001 and after review of appraised value, the City Council directed the staff to proceed with the preparation of an interlocal agreement and acquisition of Keller's water customer connections within Southlake city limits. These 212 water customer connections are consisted of mainly%" and 1" diameter meter outlets. It is also estimated that the average billing per customer per month will increase from $56.65 to $66.16. It .is also projected that this customer base will generate approximate. annual revenue of$168,311..00. The current metering system will be changed to Southlake compatible system over three years at an average annual cost of $10,000. The customer transfer of water connections will occur from August to November 2002. Financial Consideration: $27,615 ($130 per connection) less expenses for transfer of connections and the cost of state certification for service. Funds are available in Capital Improvements Program and the 2001-2002 water maintenance operating budget. Citizen Input/ Board Review: The customers have been informed of the transfer of connections in writing. Legal Review: All documents have been reviewed and approved by the City attorney. Alternatives: The City Council may approve or decline. Supporting Documents: Interlocal Agreement Appraisal November 2001'Packet presented to the City Council Staff Recommendation: Authorize the Mayor to execute an interlocal agreement between the City of Southlake and the City of Keller to purchase Keller's water customer connections within Southlake city limits. Staff Contact: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Valerie Bradley, Assistant to the Director of Public Works, 481-2342 Mike Patterson, Operations Manager, 481-2101 INTERLOCAL AGREEMENT GOVERNING THE ( TRANSFER AND PURCHASE OF A WATER DISTRIBUTION SYSTEM BETWEEN THE CITY OF KELLER, TEXAS AND THE CITY OF SOUTHLAKE, TEXAS For the purpose of transferring the water distribution assets of the City of Keller, Texas that are outside the City of Keller corporate boundaries and lying wholly within the corporate boundaries of the City of Southlake, Texas and pursuant to the authority of the ' J Interlocal Cooperation Act, this Interlocal Agreement governing the transfer and purchase of a water distribution system(the "Agreement") is made and entered into by and between the City of Keller, Texas("Keller") and the City of Southlake, Texas ("Southlake"), both being municipal corporations of the State of Texas. PREAMBLE WHEREAS, the Keller Rural Water Supply Corporation generally provided water utility services to areas in and around Keller and Southlake, and specifically within areas of Southlake's city limits as described and identified herein in Exhibit A and referred to herein as the "Service Area", and WHEREAS, Keller subsequently acquired the interests of Keller Rural Water Supply Corporation and continued water utility services to the Service Area; and WHEREAS, in order to provide water utility services to the Service Area, Keller and/or its predecessor, Keller Rural Water Supply Corporation, constructed water system infrastructure necessary to serve said area; and . M:\Agreements\Keller Connection Swap\Interlocal.Keller.tinal.doc Page I WHEREAS, Keller maintains a Water Certificate.of Convenience and Necessity ("CCN")No. 10975 in connection with its retail water service to areas within and around Keller's city limits, including the Service Area; and WHEREAS, Keller's facilities are presently being used to provide water utility services to citizens of Southlake who reside in the Service Area; and WHEREAS,.Keller and Southlake are in the process of making application to the Texas Natural Resource Conservation Commission to transfer that portion of the Keller CCN and water distribution facilities that are within Southlake to Southlake and its CCN for all of the territory within its corporate boundaries, including the Service Area; and WHEREAS, Southlake and Keller have jointly engaged the services of a consultant to evaluate the components of and the value of the infrastructure owned by Keller and used to provide water utility services to customers within the Service Area; and WHEREAS, said consultant has generated a report to Keller and Southlake apprising the parties of the nature of such infrastructure and of the consultant's evaluation of the components of and the value of such infrastructure; and . WHEREAS, in light of Southlake's desire to assume service and operation responsibilities within its city limits, the water system infrastructure serving such portion of the Service Area will represent excess property no longer needed by Keller after such assumption by Southlake; and WHEREAS, Keller desires to relinquish control and operation of the water system infrastructure serving the Service Area within Southlake's city limits by selling such facilities as excess property to Southlake; and M:1Agreements\Keller Connection Swap\Interlocal.Keller.final.doc Page 2 �_- WHEREAS, Keller and Southlake have agreed to the transfer of the water customers and water distribution assets in the Service Area and the associated value of the transferred assets and the compensation to be received by Keller for the transfer of the Service Area including its customer base and water distribution assets to Southlake. NOW, THEREFORE, in consideration of the mutual promises and releases set forth herein, the performance of each, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Keller and Southlake contract and agree as follows: SECTION 1: DEFINITIONS For the purposes of this Agreement, the following words, terms, phrases, and their. derivations shall have the meanings given herein. When not inconsistent with the ( context, words used in the present tense include the future tense, words in the plural, number include the singular number, and words in the singular number include the plural number. -The work "shall" is always mandatory and not merely directory. 1.1 "Commission"means the Texas Natural Resource Conservation Commission. 1.2 "Date of Transfer" means the effective date of the sale and conveyance of facilities pursuant to Section 8.1 of this Agreement. 1.3 "Service Area" means the area of land served by-Keller under CCN No. 10975 and contained within the city limits of Southlake, as depicted in Exhibit A attached hereto and made a part of this Agreement. • 1.4 "Service Area System" means the water facilities transferred from Keller to Southlake by this Agreement and include, but are not limited to, all water M:\Agreements\Keller Connection Swap\InterlocaLKeller.tinal.doc Page 3• transmission mains, distribution lines, facilities, appurtenances, easements, special purpose rights of way, improvements, fixtures and attached personal property (such as wells, pumps, pipes, valves, electrical connections, storage tanks, customer water meters, meter vaults and fire hydrants and any and all appurtenances thereto) located within the city limits of Southlake, used to provide water service within the Service Area, all as more specifically addressed in Section 4.1 of this Agreement. SECTION 2: DECERTIFICATION AND TRANSFER OF ASSETS 2.1 In consideration of the premises and covenants stated herein, Keller agrees to the decertification of any and all of its certificated service area under Water CCN No. 10975 that is within the city limits of Southlake. To that end, Keller and Southlake agree to file an application with the Commission for decertification of the Service Area from Water CCN No. 10975 within a reasonable time following Southlake's purchase of Keller's water distribution assets and assumption of all service and operational responsibilities therein, and to thereafter pursue such decertification as expeditiously as possible. Keller and Southlake shall use a copy of this Agreement in its application to the Commission. SECTION 3: PURCHASE OF WATER FACILITIES M:\Agreernents\Keller Connection Swap\Interlocal.Keller.final.doc Page 4 3.1 Upon Southlake's assumption of service obligations for water service in the Service Area, Keller's water facilities used to provide service within such area will be excess property no longer needed by Keller; therefore, Keller enters into this Agreement for the purpose of selling this surplus property to Southlake. 3.2 Southlake agrees to pay Keller the sum of $27,615.00 ("Purchase Price"), less Keller's portion of the total costs associated with the administrative transfer of the CCN, for the Service Area System owned or operated by Keller and used to provide water service within the Service Area, as more specifically defined in Section 1.4 and described in Section 4.1 of this Agreement, and Keller agrees to transfer to Southlake all of its right, title, and interest to such property, both real and personal, as more specifically described in Section 4.1, upon the payment by Southlake. 3.3 Southlake and Keller agree to share equally in any costs associated with the administrative transfer of the CCN . Such will be charged against the Purchase Price for the Service Area System. SECTION 4: PROPERTY AND FACILITIES TO BE TRANSFERRED 4.1 In consideration of the Purchase Price, Keller agrees to sell, and Southlake agrees to purchase, the Service Area System comprising a part of Keller's water system, which is used to provide water service to customers in the Service Area, and certain of Keller's water mains and related appurtenances connected to its water system (the description of such facilities and appurtenances being contained in Exhibit B and Exhibit C—Cities of Keller M:\Agreements\Keller Connection Swap\Interlocal.Keller.tinal.doc Page 5 and Southlake, Texas, Compensation Determination for a Water Service Area, Final Report,November 2001, Reed, Stowe & Yanke, LLC, and Exihibit C, both attached hereto and made a part of this Agreement), together with all and singular the rights and appurtenances pertaining thereto, including such right, title and interest Keller has in and to any special purpose rights-of-way or easements across private or public property.that contain any of the said mains or appurtenances, and together with any improvements, fixtures, and personal property situated thereon or attached to the water system, including but not limited to any and all wells, pumps, pipes, valves, electrical connections, storage tanks, customer water meters, meter vaults, fire hydrants, and any and all other appurtenances thereto. Keller also agrees to transfer to Southlake any applicable business records, accounts receivable, and any other • information needed to manage the customer accounts to be transferred to Southlake. The connections in the area depicted in Exhibit C will transfer ownership from Keller to Southlake simultaneously with the connections depicted in Exhibit B, however; Keller agrees to continue to serve these customers until such time that Southlake can construct the necessary infrastructure to serve the connections depicted in Exhibit C. Southlake • agrees to construct such infrastructure at its earliest opportunity. 4.2 On or before the Date of Transfer, Keller agrees to provide Southlake with a • set of up-to-date as-builts and GIS Data for the Service Area System in hard • copy and on computer media in a format that can be readily used by Southlake, to the extent that same exist and are available. If Southlake, after M:\Agreements\Keller Connection Swap\Interlocal.Keller.final.doc Page 6 exercising due diligence, is unable to locate any of the facilities comprising the Service Area System, Keller shall, at Southlake's request,provide assistance to Southlake in locating them. Keller's obligation to provide such assistance to Southlake shall survive the Date of Transfer. Keller agrees to provide Southlake with all available maintenance records for the past ten-year period for all Service Area System facilities. These records shall include, but not be limited to,.water main leak repairs, replacement, and rehabilitation records. SECTION 5: PAYMENTS AND COSTS 5.1 Southlake shall make full payment, less Keller's portion of the total costs associated with the administrative transfer of the CCN, for the Service Area System to Keller by means of a wire transfer.to Keller, through Keller's designated financial institution. 5.2 The parties agree that each party shall bear its own costs incurred in disconnecting the Service Area System from Keller's water system with Keller being responsible for the cut-offs and valve installations at each disconnect location. SECTION 6: CERTIFICATES OF CONVENIENCE AND NECESSITY 6.1 Within a reasonable amount of time following Southlake's assumption of operational and service responsibilities in the Service Area, Keller and Southlake shall file a joint application with the Commission notifying the • M:\Agreements\Keller Connection Swap\Interlocal.Keller.final.doc Page 7 • Commission of the transfer and sale of the water distribution assets and seeking required changes in certification of that portion of Keller's CCN No. 10975 that includes the Service Area. Keller shall provide Southlake a release of such area, agreeing to such de-certification, and Keller agrees to support the joint application for such de-certification and its subsequent addition to Southlake's CCN. In such request, Keller and Southlake shall also file a copy . of this Agreement with the Commission. 6.2 Southlake and Keller shall both cooperate and assist with the filing and prosecution of the joint application to decertify said portion of CCN No. 10975. Keller and Southlake shall provide to the other copies of any existing documents required to be filed with the TNRCC under this Section. SECTION 7: STUDIES AND INVESTIGATIONS . 7.1 Southlake shall develop and submit to Keller for review a preliminary plan for separating the Service Area System from Keller's water utility system. 7.2 Keller shall approve such plan, or suggest modification of such plan within ten (10) calendar days, and the Parties agree to use their best efforts to develop and approve such plan. • SECTION 8: EFFECTIVE DATE OF TRANSFER OF FACILITIES 8.1 Southlake and Keller agree that the Date of Transfer of ownership of the Service Area System shall occur between June 15, 2002.and August 1, 2002, • and shall be the day on which Keller transfers ownership of the water system M:\Agreements\Keller Connection Swap\lnterlocal.Keller.final.doc Page 8 • facilities and appurtenances associated with the Service Area System, as described in part in Exhibit B and Exhibit C of this Agreement, and Southlake makes payment of the purchase price. The transfer of ownership will be effected by an instrument of conveyance suitable for recordation in the county deed records, in which Keller will quitclaim all of the right, title, and interest it has in the real and personal property associated with the Service Area System as described in part in Exhibit B and Exhibit C of this Agreement. Keller shall deliver the fully executed instrument of conveyance to Southlake simultaneously with Southlake's payment pursuant to this Agreement. 8.2 The transfer of operation of the Service Area System shall occur as provided for in this Agreement. SECTION 9: KELLER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS 9.1 Keller hereby represents and warrants as follows, which representations and warranties shall be true and correct as of the date of execution of this Agreement and as of the Date of Transfer and shall survive the Date of Transfer, and the truth of which representations and warranties shall be a condition precedent to Southlake's obligation to close and complete the transaction contemplated by this Agreement: (A) Keller has, without the joinder of any other person or entity,the full right, power and authority to sell and convey the Service Area System to Southlake M:\Agreemenits\Keller Connection Swap\Interlocal.Keller.tinal.doc Page 9 and to carry out the obligations of Keller hereunder, and no third party has any interest in or right to acquire the Service Area System. (B) To the best knowledge of Keller, there is no condition existing with respect to the Service Area System or any part thereof which violates any law, rule, regulation, ordinance, code, order, decree or ruling of any city, state or federal governmental agency or court; however,Keller makes no warranty respecting any such condition and Southlake will acquire such Service Area System AS IS. (C) There is no existing or pending litigation of any kind, nor are there any known existing or pending claims, condemnations or sales in lieu thereof, contracts of sale, options to purchase, or rights of first refusal with respect to any portion of the Service Area System, nor have any such actions, suits, proceedings, claims or other such matters been threatened or asserted. (D) The party or parties executing this Agreement on behalf of Keller.have been duly authorized and are empowered to bind Keller to this Agreement. (E) Keller will not, after the date of execution of this Agreement, without the express prior written consent of Southlake, create or allow to be placed upon the Service Area System or any part thereof any restrictions, encumbrances, liens, easements or any other matters that would constitute an encumbrance upon the Service Area System. 9.2 Each of the foregoing warranties and representations are true and correct as of the date hereof and shall be true and correct as of the Date of Transfer. If any of the representations or warranties contained herein are untrue or incorrect, M:\Agreements\Keller Connection Swap\Interlocal.Keller.final.doc Page l0 Keller shall, at all times before the Date of Transfer, use its best efforts to make such representations or warranties true and correct and shall take all action as may be necessary or appropriate in connection therewith. SECTION 10: CASUALTY LOSS 10.1 All risk of loss or damage to the Service Area System shall remain upon Keller prior to the Date of Transfer, except that this obligation does not include such loss or damage caused by: (1) Southlake, its officers, agents or employees, or an independent contractor of Southlake, in the course of disconnecting the Service Area System from the Keller system; or (2) any negligent act Or omission of Southlake, its officers, agents, employees or independent contractors in the course of business prior to the Date of • Transfer. Except as otherwise provided in this section, in the event of loss, damage or destruction to the Service Area System prior to the Date of Transfer, Keller shall, at Keller's sole expense, repair the same within six months of such loss, damage or destruction. SECTION 11: MANDATORY MEDIATION PROVISIONS 11.1 Notwithstanding any other provisions of this Agreement, Southlake and Keller agree that prior to either Party bringing suit for specific performance, injunction, or damages for the alleged failure of the other Party to comply with any terms, conditions, or provisions of this Agreement, this agreement shall be submitted for mediation in accordance with this Section. M:\Agreements\Keller Connection Swap\Interlocal.Keller.tinal.doc Page 11 11.2 In order to institute mediation, either Party may, on written notice to the • other Party, initiate non-binding mediation through Judicial Arbitration and Mediation Service, Inc. ("JAMS") in Tarrant County, Texas or another mediator or mediation service mutually agreeable to the Parties. The Mediator shall be selected by agreement of the Parties within thirty (30) days after either Party first requests mediation of the other. If a single mediator cannot be agreed upon, then each Party shall select its own Mediator from those on the approved list of the mediation service used; those two mediators will then select a third independent Mediator who will preside over the mediation session(s) conducted by the panel of three mediators. 11.3 Neither Party shall be excused from complying with any of the terms and conditions of this Agreement because of any failure of the other Party upon any one or more-occasions to insist upon or to seek compliance with any such • terms or conditions. ' SECTION 12: GENERAL PROVISIONS • 12.1 NOTICES Any notices required to be given herein shall be deemed to have been sufficiently given to either party for all purposes hereof if mailed by certified mail, postage prepaid, addressed as follows: TO CITY OF KELLER TO CITY OF SOUTHLAKE City Manager City Manager City of Keller ' City of Southlalce P.O. Box 770 1400 Main Street, Suite 460 Keller, TX 76244 Southlalce, TX 76092 M:\Agreements\Keller Connection Swap\lnterlocal.Keller.final.doc Page 12 or to such other respective address as the parties may designate from time to time in writing in accordance with this notice provision. 12.2 GOVERNING LAW This Agreement shall be governed and construed pursuant to the laws of the.State of Texas. All obligations herein shall be performable and all payment shall be due and payable in Tarrant County, Texas. . 12.3 INCORPORATION The Preamble set forth before Section 1 of this Agreement is hereby incorporated by reference as if set forth fully at this point. 12.4 ENTIRE AGREEMENT This Agreement contains all commitments and agreements of Keller and Southlake with respect to the subject matter hereof, and no verbal or written commitments shall have any force or effect if not contained herein. This Agreement may not be modified or amended other than by a written instrument jointly executed by Keller and Southlake. 12.5 SEVERABILITY If any section, subsection,sentence, clause, phrase, term, provision, condition, covenant,or portion of this Agreement is for any reason • held invalid or Unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby but shall be deemed a separate,distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase;term, provision, condition, covenant and portion of this Agreement shall be valid and enforceable to the fullest extent permitted by law. M:\Agreements\Keller Connection Swap\Interlocal.Keller.final.doc Page 13 12.6 CAPTIONS AND CONSTRUCTION All section titles or captions l contained in this Agreement shall not be deemed a part of this Agreement and shall not affect the meaning or interpretation of this Agreement or any provision hereof. Both Parties have participated in the preparation of this Agreement so that this Agreement shall not be construed either more or less favorably for or against either Party. IN WITNESS WHEREOF, the Parties, acting under authority of their respective governing bodies, have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, all as of this day of _ ,.2002. . CITY OF KELLER, TEXAS By: Dave Phillips, Mayor ATTEST: City Secretary— City of Keller CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST City Secretary—City of Southlake • APPROVED AS TO FORM AND CONTENT: By: City Attorney— City of Keller By: City Attorney— City of Southlake M:\Agreements\Keller Connection Swap\Interlocal.Keller.Yinal.doc Page 14 Exhibit A ,................. Keller CON currently within • T Southlake city limits - .... 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'"....-:••;:.7,-;:;:.•.;.•..::;.i.:.::.....'..:‘:.:.,7,:.,''',.• •'., •:',.1*'''•••• -1— — --1- I - jI \ — '- '' ill . 53'1=.' - - Iti , , . . \— -." — . cn ' ,. 1 • - '7, ______ - .....--------- , . . , . .. . \ - - - ____i Ic______:• „.------------- , 1 I, , •-f, , 0 ip,R . N , , . . \ p"-:--,----\---A .,,,..7 •_____71ORDAN_ICI N FP, V-7--' EXHIBIT B CITIES OF , KELLER AND SOUTHLAKE, TEXAS COMPENSATION DETERIVIINATION FOR A WATER SERVICE AREA - FINAL REPORT - NOVEMBER 2001 • 16 REED,STOWE &YANKE A Limited Liability Company November 28, 2001 Mr. Pedram Farahnak, P.E. Director of Public Works 1400 Main St., Suite 320 Southlake, Texas 76092 Mr. Ed Ilschner, P.E. Public Works Director P.O. Box 770 Keller,Texas 76244-0770 Dear Mr. Farahnak and Mr. Ilschner: In July 2001, the Cities of Keller ("Keller") and ("Southlake") engaged the services of Reed, Stowe & Yanke, LLC to assist in determining a monetary value of certain water facilities within the city limits of Southlake currently served by Keller. This report provides an overview of our analysis and presents our findings. i Reed, Stowe & Yanke used the methodology outlined in the Texas Water Code §13.255 Single Certification in Incorporated or Annexed Areas. Section 13.255(g) provides a • framework to make the seller of the assets whole, that is, recoup the costs associated with the valuation area. Employing this methodology, Reed, Stowe & Yanke determined the following: • Compensation to Keller to acquire valuation area- $27,615. • Compensation per connection in valuation area- $130 In addition to determining the compensation for the valuation area, Reed, Stowe & Yanke examined the rate impact on the customers whose service would be transferred from Keller to Southlake. Our findings indicate the following: • Average monthly bill for transferred connections will increase from $55.65 to $66.16, a$9.51 or a 17% increase in the average monthly bill. In the course of this analysis, several assumptions regarding specific costs associated with the valuation area were required. In attempt to isolate the costs specific to the valuation area, cost allocations were used. Our analysis does not constitute an examination of the financial statements of the City of Keller, and as such, we cannot and do not express any opinion regarding the validity or accuracy of the financial information provided. 17 5806 Mesa Drive,Suite 310•Austin,TX 78731 •P(512)450-0991 •F(512)450-0515 Messrs. Farahnak and Ilschner November 28, 2001 Page 2 This analysis would not have been possible without the help of both Cities' staff. Significant time and effort were expended by the Cities in gathering the billing and financial data. We appreciate the opportunity to provide our professional services to the Cities and would like to express our sincere appreciation to you and your staff members for supplying the needed information and data to conduct the studies. Should you or your staff require additional information or clarification regarding the compensation determination, please do not hesitate to contact Mr. Jack Stowe at (512) 450-0991 or Mr. Darrell Cline at-(214) 448-9443. Very truly yours, J ,1-e.4- 0, P L C Reed, Stowe & Yanke,LLC • 18 Table of Contents Cities of Keller and Southlake, Texas Compensation Determination for a Water Service Area I. INTRODUCTION •1 II. BACKGROUND 1 III. VALUATION ANALYSIS •1 A. ASSETS 2 B. FIXED COSTS 3 C. VALUATION OF SERVICE AREA 4 IV. COST IMPACT ON ACQUIRED CUSTOMERS 4 V. FINDINGS 5 SCHEDULE A: ASSETS TO BE ACQUIRED SCHEDULE B: FIXED COSTS SCHEDULE C: COMPENSATION FOR VALUATION AREA ( 19 I. Introduction Reed, Stowe &Yanke, LLC was retained by the Cities of Keller ("Keller") and Southlake ("Southlake") in July 2001 to assist in determining the monetary value for.a water service area currently served by Keller but within the city limits of Southlake. The following report provides a value for the water service area, as well as, a description of the methodology used in conducting this analysis. J II. Background The cities of Keller and Southlake are both experiencing substantial population growth and are currently involved in roadway expansion and water distribution upgrades in the area to be valued. Both parties agree that with the current construction, this is an opportune time to transfer water service to Southlake for the Southlake residents currently receiving water service from Keller. This analysis addresses the 212 water connections and approximately 17,750 lineal feet of water distribution lines currently owned and serviced by Keller that are within the Southlake city limits. III. . Valuation Analysis 0 Texas Water Code §13.255 Single Certification in Incorporated or Annexed Areas develops the framework for compensation of a service area to be acquired by a municipality subsequent to incorporation or annexation. Section 13.225(g) states that at a minimum compensation shall include: impact on the existing indebtedness of the retail public utility and its ability to repay that debt, the value of the service facilities of the retail public utility located within the area in question, the amount of any expenditures for planning, design, ( or construction of service facilities outside the incorporated or annexed area that Reed,Stowe& Yanke,LLC Page 1 of 5 Cities of Keller and Southlake Valuation Study November 2001 20 are allocable to service to the area in question, the amount of the retail.public utility's contractual obligations allocable to the area in question, any demonstrated impairment of service or increase of cost to consumers of the retail public utility remaining after the single certification, the impact on future revenues and expenses of the retail public utility, necessary and reasonable legal expenses and professional fees, factors relevant to maintaining the current financial integrity of the retail public utility, and other relevant factors. Since the framework established in Section 13.255(g) is. an established means of determining compensation for a water utility system, Reed, Stowe & Yanke used Section 13.255(g) as the basis of determining the value of the area in question. A. Assets The value of the assets to be acquired in the area in question is based on current book value. To determine current book value, original acquisition cost must be ascertained. The distribution lines and fire hydrants to be acquired were installed by the Keller Rural Water Supply Corporation ("Keller Rural WSC") in 1967. In 1979, Keller took over the'Keller Rural WSC services. Specific cost information linked to the assets to be acquired was not available, however, original cost and size of the initial Keller Rural WSC was available. Reed, Stowe & Yanke used this information to develop the estimated original cost of the distribution lines and fire hydrants. The original cost of the distribution lines and fire hydrants was depreciated based on useful life standards established by the National Association • of Utility Regulatory Commissioners ("NARUC") to determine the book value of the assets. Keller currently has a meter change-out program. It was estimated that Keller replaces its meters after 1,000,000 gallons of consumption. Based on this assumption, coupled with the monthly water consumption of the customers Reed,Stowe& Yanke,LLC Page 2 of 5 Cities of Keller and Southlake Valuation Study November 2001 21 • located in the valuation area of 15,000 gallons, it was estimated that every six years a customer's meter is replaced. To determine the value of the meters, Reed, Stowe & Yanke assumed that the average age of the meters was three years (half the meters older than three years and half the meters less than three years old). Current meter cost estimates were discounted by 2.9% inflation (1999 D-FW CPI) to determine the 1998 cost. The 1998 cost was depreciated based on a useful life of six years to determine the book value of the meters. Schedule A provides the details in the determination of the book value of the assets to be acquired. B. Fixed Costs Two types of operating costs were identified by Reed, Stowe & Yanke, "fixed" and "variable". Operating costs incurred by Keller for water providing service to the area to be acquired that are affected by the acquisition and will no longer be incurred by Keller or will result in a reduction of costs after acquisition are classified as variable costs. Section 13.255(g) states that the utility selling the assets should not incur any additional costs as a result of selling the assets. Since variable costs will be reduced as a result of the acquisition, costs will not be passed on to Keller's remaining customers. Therefore, operating costs identified as variable costs are not included in the compensation determination. Operating costs incurred by Keller for providing service to the area to be acquired that are not affected as a result of the acquisition and will continue to be incurred by Keller after acquisition are classified as fixed costs. With the acquisition of the service area, these fixed costs will be passed on to remaining Keller customers, unless compensation is provided. Therefore, costs identified as fixed costs are included in the compensation determination. r Reed,Stowe& Yanke,LLC Page 3 of 5 Cities of Keller and Southlake Valuation Study November 2001 22 Costs were allocated for the compensation determination based on a cost-casual relationship. For example, Water Administration, Water Billing and Water Billing — Field Operations costs were allocated based on the number of connections. Water Distribution costs were allocated based on lineal feet. Keller's projected debt service for its water utility for fiscal year 2001-02 is $888,830. Debt service costs were allocated based on lineal feet. Schedule B provides the details of the fixed cost determination. C. Valuation of the Service Area In developing the monetary value of the service area, we have used the following assumptions: • Annual inflation—2.9% (based on 1999 CPI for Dallas-Fort Worth) • Discount rate—5.0% (based on 10-Year Treasury, 10/26/01) • Annual connection growth — 3.95% (based on North Central Texas Council of Government's population projection for Keller) The timeframe for this valuation analysis is dependent upon when additional connections, as a result of,growth, equal the 212 water connections lost through the acquisition. In this case, the timeframe for valuation ceases when Keller's growth results in the addition of 212 water connections. • IV. • Cost Impact on Acquired Customers The customers acquired by Southlake from Keller will experience a different rate structure than their cm-rent one. Based on a sampling of the 212 customers' average • Reed,Stowe& Yanke,LLC Page 4 of 5 Cities of Keller and Southlake Valuation Study November 2001 23 monthly water use, approximately 15,000 gallons, the average monthly bill for these customers will increase from $55.65 to $65.16. Keller Southlake Minimum Bill $ 19.77 $ 26.16 Volumetric Charge 35.88 39.00 Average Monthly Bill $ 55.65 $ 65.16 • V. Findings Based on Reed, Stowe & Yanke's analysis, we have determined the compensation for the service area in question to be $27,615 (Schedule C). The compensation equates to. approximately$130 per connection acquired. • 1 ` 1 I Reed,Stowe& Yanke,LLC Page 5 of 5 Cities of Keller and Southlake Valuation Study 24 November 2001 Schedules 25 • Schedule A CITIES OF SOUTHLAKE AND KELLER VALUATION STUDY ASSETS TO BE ACQUIRED Keller Rural WSC(City of Keller) Original Cost of Distribution System(1967)(I) $ 342,944 Keller Rural WSC(City of Keller)Initial Distribution System Size(2) 1,055,974 Inch-Feet Cost per Inch-Foot $ 0.32 DISTRIBUTION LINES (3) Diameter Lineal Feet (Inches) Inch-Feet Vista Trails Subdivision 5,300 6 31,800 East along Johnson Road from Pearson Lane to Randol Mill 1,000 6 6,000 4,300 4 17,200 Randol Mill between Johnson Road and Florence Road 1,000 4 4,000 Randol Mill North: South from Fawkes Lane 550 2 1,100 North from Fawkes Lane to Brown 1,650 4 6,600 Brown to Our Lane 1,700 2 3,400 Brown 700 2 1,400 Our Lane 550 2 1,100 Pearson Lane across from Pearson Pump Station 1,000 2 2,000 Total 17,750 74,600 Inch-Feet -'Cost per Inch-Foot $ 0.32 Total Original Cost(1967) $ 24,228 Total Original Cost(1967) $ 24,228 Depreciable Life(4) 50 Years Annual Depreciation $ _ 485 Accumulated Depreciation(2001-1967) $ 16,475 Book Value $ 7,753 FIRE HYDRANTS Number of Hydrants Randol Mill 2 Cost for hydrants included in original distribution system cost. C • Page 1 of 2 26 • Schedule A METERS Number of Cost per Total Meter Size Meters Meter Cost 5/8" 206 $ 60 $ 12,360 1" 5 175 875 2" 1 345 345 Total 212 $ 13,580 Total Cost(1998) $ 12,415 Useful Life(Assuming 1,000,000 gallon change-out) 6 Years Depreciation Expense $ 2,069 Accumulated Depreciation(2001-1998) $ 6,207 Book Value $ 6,207 TOTAL VALUE OF ASSETS TO BE ACQUIRED c5 $ 13,960 (1)Per Keller Rural WSC Report of Examination December 31, 1970 (2)Per Keller Rural WSC Contract Documents,August 1966 (3)Line lengths and descriptions per City of Keller '(4)Per National Association of Regulatory Utility Commissioners(NARUC) (5)Book Value of Distribution Lines+Book Value of Meters($7,753+$ 6,207) j + Page 2 of 2 27 • Schedule B CITIES OF SOUTHLAKE AND KELLER • VALUATION STUDY KELLER'S FIXED COSTS Total Allocated to Allocated to WATERADMINISTRATION(1) Utility Water Utility Valuation Area Total Operating Cost(2) $ 345,067 $ 202,580 $ 3,680 Less Variable Costs: Overtime 4,207 2,470 45 Total Fixed Operating Costs $ 340,861 $ 200,110 $ 3,635 WATER DISTRIBUTION(3) Total Operating Cost(2) $ 1,065,119 $ 1,065,119 $ 10,850 Less Variable Costs: Overtime 45,659 45,659 465 Mains&Services Maintenance 77,418 77,418 789 Pump,Motor&Well Maintenance 26,002 26,002 265 Meter Maintenance 59,190 59,190 603 Fire Hydrant Maintenance 4,278 4,278 44 Meters 151,384 151,384 1,542 Mains&Services 26,732 26,732 272 Hydrants 5,061 5,061 52 Total Fixed Operating Costs $ 669,395 $ 669,395 $ 6,819 • WATER BIT,LING(4) • Total Operating Cost(2) $ 402,543 $ 155,689 $ 2,828 Less Variable Costs: Overtime 5,639 2,181 - 40 Office Supplies 2,053 794 14 Postage • 43,654 . 16,884 307 • Computer Supplies 2,987 . 1,155 21 Printing&Binding Services 19,779 7,650 139 • Total Fixed Operating Costs $ 328,432 $ 127,026 $ 2,307 WATER BILLING-FIELD OPERATIONS(5) Total.Operating Cost(2) $ 155,175 $ . 124,140 $ 2,255 Less Variable Costs: Overtime '3,960 3,168 58 Contractual Services 68,947 55,158 1,002 Total Fixed Operating Costs $ 82,268 $ 65,814 $ 1,195 Page 1 of 2 28 • • Schedule B • WATER PRODUCTION(6) 9Minimum Annual Payment $ 12,000 $ 12,000 $ 218 • DEBT SERVICE(7) Fiscal Year 2001/02 $ 1,777,659 $ 888,830 $ 9,055 TRANSFERS(8) Transfers $ 591,866 $ 347,468 $ 6,312 • TOTAL FIXED COSTS S 29,541 (1)Total Utility costs allocated to Water Utility based on the percentage of water connections to total utility connections. Water Utility costs allocated to Valuation Area based on percentage of water connections in valuation area to total water system connections. (2)Based on historical costs from Fiscal Years ending 1998-2001,adjusted for inflation(1999 D-FW CPI-2.9%) • and known and measurable changes. (3)Total Utility costs allocated to Valuation Area based on the lineal feet of the assets to be acquired as a percentage of the total water system's lineal feet. (4)Total Utility costs allocated to Water Utility based on percentage of water statements billed to total statements billed(water,sewer and drainage); Water Utility costs allocated to Valuation Area based on percentage of water connections in valuation area to total water connections. (5)Total Utility costs allocated to Water Utility based on the annual number of meter reads for a water connection(12) versus total meter reads(15). (Total meter reads represent 12 water meter reads and three water meter reads for wastewater winter average.) Water Utility costs allocated to Valuation Area based on percentage of water connections in valuation area to total utility water connections. _ (6)Minimum annual payment to City of Fort Worth regardless of consumption. Water Utility costs allocated to Valuation Area based on percentage of connections in valuation area to total water connections. (7)Total Utility costs allocated to Water Utility based on City of Keller's estimate. Total Water Utility costs allocated to Valuation Area based on percentage of lineal feet of assets to be,acquired as a percentage of total water system's lineal feet. (8)Total Utility transfers based on three-year average(FY 1998-FY 2000). Total Utility costs allocated to Water Utility based on percentage of water connection to total utility connections. Water Utility costs allocated to Valuation Area based on percentage of water connections in valuation area to total water connections. • • Page 2 of 2 - 29 Schedule C CITIES OF SOUTHLAKE AND KELLER VALUATION STUDY • COMPENSATION FOR VALUATION AREA Current Connection New Monthly Present Connections(1) Growth(2) Connections Fixed Costs(3) Value(4) Month 1 11,671 11,709 38 $ 2,142 $ 2,133 Month 2 11;671 11,747 76 2,206 2,188 Month 3 11,671 11,785 114 2,272 2,245 Month 4 11,671 11,823 152 2,341 2,303 Month 5 11,671 11,861 190 2,411 2,362 Month 6(5) 11,671 11,883 212 2,483 2,423 Present Value of Fixed Costs $ 13,654 Book Value of Assets to be Acquired $ 13,960 TOTAL COMPENSATION FOR VALUATION AREA $ 27,615 (1).As of April 2001 (2)3.95%annual growth per NTCOG data (3)2.9%annual inflation per 1999 D-FW CPI (4)5.0%annual discount rate based on 10-Year Treasury(10/26/00) (5)212 connections recovered during month 6 Page 1 of 1 30 --- I . ! ! . • Exihibit C I , i• , 1 ! 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S,1 , I f r-bops,iL______E S''717-1-4.1 I 1 I I I I I 1 i _____--1- I ---1 L i 1, i If a 1 - _12 AIIk,- Id 'II - . 1-- 9.1'1°k ' --'''.'---i--.\ - e-' --s--- ---, F__,,, co _ 1 , ---J 1 L: , \ . ,11. -[hi:-\,-\\\,%,•,,\. -- , 1 I ,, L ! 1, Fic_._ _ 07[ --1-----f.-,,-;>1—T--- _ ,-..1 Jr) l, -----i 11 I I II, 1 I 114GI't' I 11 I'1 - ------- - _ . • t Keller's Water Connections in Southlake's City Limits • • • Area: bounded by Pearson/Randol Mill & Johnson/Florence • • No. of Connections: 212 (1" and 5/8") • Appraised Value: $27,615 or $130/connection • • Projected Annual Income: $168,311.04 • • Average cost increase to the customer: $9.51 Per Month Keller's monthly average water cost ($55.65) Southlake's monthly average water cost ($66.16) • Keller's position on water connections transfer The City Manager and the Director of Public Works recommend approval of transfer to the City Council. • • • Southlake Staff Recommendation • Acceptance of transfer of connections is recommended • • Approximate time of transfer October 2002 when rehabilitation of Johnson Road is completed. • Operation cost impact on Southlake Cost of new meters and electronics: $150 x 212 =$31,800. The meter change out is recommended to occur over 2 budget years. No additional manpower will be required to change, read or maintain the meters. • REED,STOWE &YANKE A Limited Liability Company November 28, 2001 Mr. Pedram Farahnak,P.E. Director of Public Works 1400 Main St., Suite 320 Southlake, Texas 76092 Mr. Ed Ilschner, P.E. Public Works Director P.O. Box 770 Keller,Texas 76244-0770 • Dear Mr. Farahnak and Mr. Ilschner: ' In July 2001, the Cities of Keller ("Keller") and ("Southlake") engaged the services of Reed, Stowe & Yanke, LLC to assist in determining a monetary value of certain water facilities within the city limits of Southlake currently served by Keller. This report provides an overview of our analysis and presents our findings. Reed, Stowe & Yanke used the methodology outlined in the Texas Water Code §13.255 Single Certification in Incorporated or Annexed Areas. Section 13.255(g) provides a framework to make the seller of the assets whole, that is, recoup the costs associated with the valuation area. Employing this methodology, Reed, Stowe & Yanke determined the following: • Compensation to Keller to acquire valuation area- $27,615 • Compensation per connection in valuation area- $130 In addition to determining the compensation for the valuation area,Reed, Stowe & Yanke examined the rate impact on the customers whose service would be transferred from Keller to Southlake. Our findings indicate the following: • • Average monthly bill for transferred connections will increase from $55.65 to $66.16, a$9.51 or a 17%increase in the average monthly bill. In the course of this analysis, several assumptions regarding specific costs associated with the valuation area were required. In attempt to isolate the costs specific to the valuation area, cost allocations were used. Our analysis does not constitute an examination of the financial statements of the City of Keller, and as such, we cannot and do not express any opinion regarding the validity or accuracy of the financial information provided. 5806 Mesa Drive,Suite 310•Austin,TX 78731 •P(512)450-0991 •F(512)450-0515 Messrs. Farahnak and Ilschner November 28, 2001 Page 2 This analysis would not have been possible without the help of both Cities' staff. Significant time and effort were expended by the Cities in gathering the billing and financial data. We appreciate the opportunity to provide our professional services to the Cities and would like to express our sincere appreciation to you and your staff members for supplying the needed information and data to conduct the studies. Should you or your staff require additional information or clarification regarding the compensation determination, please do not hesitate to contact Mr. Jack Stowe at (512) 450-0991 or Mr. Darrell Cline at(214) 448-9443. Very truly yours, C Reed, Stowe &Yanke,LLC City of Southlake,Texas MEMORANDUM • July 12, 2002 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety(Ext. 2421) SUBJECT: Authorize the City Manager to reactivate a contract of sale with ECN Enterprises Inc., for the sale of Lot 2R,Block 1, Corner Addition,200 Randol Mill Road, Southlake Texas for$425,000. Action Requested: Authorize the City Manager to reactivate a contract of Sale with ECN Enterprises Inc., for$425,000. Background Information: In December 2001, the City of Southlake entered into a contract of sale with ECN Enterprises Inc. for the sale of the 35,813 square feet tract just west of the DPS West facility and east of the Texaco. This tract was originally purchased with the intent of being sold and monies being deposited back into the Crime Control District. ECN Enterprises Inc. worked towards finding a suitable seller and was unable to locate one that worked well with that property. On April 29, 2002, as per the contract, ECN requested to terminate the contract. Shortly after this termination was approved, a suitable seller was located. On June 14,.2002,ECN issued a letter requesting to reinstate the contract. The only changes to this contact and the original are a change of dates for authorization. Everything else remains the same. Financial Considerations: Pending the completion of the sale, and after broker.fee's are paid, the City will sell this property for$11.17 per square foot. Citizen Input!, Board Review: The Crime Control and Prevention District Board provided direction to staff to take the original sale in the last quarter of 2001. The City Council approved the original authorization for sale in December 2001. Legal Review: The City Attorney drafted the original contract of sale and is familiar with the request from ECN Enterprises Inc. for reactivation of such contract. Alternatives: Deny the authorization and direct staff to continue searching for a suitable buyer. • 1 Billy Campbell July 12, 2002 Page 2 Supporting Documents: Contract of Sale Staff Recommendation: Authorize the City Manager to reactivate the contract of sale with ECN Enterprises Inc. for the sale of land. RB 2 CONTRACT OF SALE • STATE OF TEXAS § § COUNTY OF TARRANT § 1. PARTIES: The City of Southlake, Texas (Seller)agrees to sell and convey to the ECN Enterprises Inc.,Trustee, (Purchaser)and Purchaser agrees to buy from Seller the property described below. 2. PROPERTY: Approximately a tract of land containing approximately 35,813 square feet, being lot 2R,- Block 1 of the Corner Addition, an Addition to the City of Southlake, Tarrant County,Texas, as recorded in Cabinet A, Slide 6365 of the Plat Records of Tarrant County, Texas, together with all and singular the rights and appurtenances pertaining to the property, except the oil and gas and mineral rights - owned by Seller, more particularly described in Exhibit "A" attached. 3. SALE PRICE: $425,000 cash, payable at Closing. 4. DEFINITIONS: Additional Earnest Money. The sum of$10,000 Purchaser is required to deposit upon completion of the inspection period described in Article 8. Broker. ECN Enterprises, Inc., to be paid from Seller's proceeds. Closing Date. The date of closing and settlement of the purchase and sale of the Property, as contemplated hereby. Commitment. The Commitment for Owner Policy of Title Insurance by the Title Company to the Purchaser, pertaining to the Property, and in standard promulgated form. Deed. Special warranty deed from the-Seller to the Purchaser, pertaining to the Property and subject to the permitted exceptions, as such terms is defined herein and acceptable in form to Purchaser's and Seller's counsel. Earnest Money. The sum of$10,000.00, to be deposited with the title company within five business days of the Effective Date together with the Additional Earnest Money if such has been paid. rays 1 3 Effective Date. The date the last party signs this Contract. Owner Policy. The policy of Owner Policy Title Insurance issued by the Title Company to the Purchaser,pertaining to the Property, and in standard promulgated form. Property. The property as described on Exhibit "A" attached hereto. Survey. The survey of the Property prepared on or about November 16, 2000, by Raymond L. Goodson Jr. • Purchase Price. $425,000.00 to be paid at Closing in cash. Purchaser. ECN Enterprises, Inc., Trustee. Seller. City of Southlake, Texas. Title Company. Fidelity Title Company, 1723 E. Southlake Blvd., Suite 100, Southlake, Texas 76092. Title Policy. The owner policy of title insurance issued by the Title Company to the Purchaser, pertaining to the Property, and in standard promulgated form. 5. PROPERTY CONDITION AND REPRESENTATIONS: Except for the special warranty of title contained in the Deed, Purchaser hereby acknowledges that Seller has not made any representations or warranties to Purchaser with respect to the suitability of the Property for any intended use, the condition of the Property, including soil and sub-soil conditions, the platting of the Property, access to the Property, availability of utilities to the Property or any requirements in connection with the development of the Property or any other matter whatsoever. Purchaser further acknowledges and agrees that Purchaser has investigated all matters of concern to Purchaser with respect to the Property prior to the Effective Date and that Purchaser is not relying upon any representation or warranty from the Seller with respect to such matters except for the special warranty of title contained in the Deed. 6. EARNEST MONEY: Purchaser shall tender$10,000.00 to the Title Company within five (5) business days from receipt of a signed copy of this Contract. This amount shall be credited towards the sale price at closing or retained by the'Seller, in the event Purchaser defaults, to apply towards satisfaction of the Seller's expenses. Should the Earnest Money not be deposited with the Title Company, then this Contract shall automatically be null and void. Rays 2 4 7. TITLE POLICY AND SURVEY: . A. TITLE POLICY: Seller shall furnish to Purchaser at Seller's expense a Title Policy in the amount of the Purchase Price, dated at or after Closing, insuring Purchaser against loss under the provisions of the Title Policy, subject to the promulgated exclusions(including existing building and zoning ordinances)and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. • (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing, if any. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise,permitted by this Contract or as may be approved by Purchaser in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. Within 10 days after the Title Company receives a copy of this Contract, Seller shall furnish to Purchaser a Commitment and, at Seller's expense, legible copies of . restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and related documents to Purchaser at Purchaser's address shown below. If the Commitment is not delivered to Purchaser within the specified time, the time for delivery will be automatically extended up to 15 days. . • B. SURVEY: Within 5 days after.the effective date of this Contract, Seller shall deliver to Purchaser a copy of the survey of the Property dated November16,2000 and prepared by Raymond L. Goodson, Jr., Inc. In the event Purchaser desires a new Survey to be prepared, Purchaser may,within 30 days from the date hereof,at Purchaser's sole cost and expense, cause a survey of the Property to be prepared by a registered professional land surveyor acceptable to the Seller. Purchaser may object to existing building and zoning ordinances, items 7A(1) through (7) above and matters shown on the survey if Purchaser determines that any such activity is prohibited or if there is an encroachment. Purchaser will have 15 days after the receipt of the latter of the Commitment or Survey to object in writing to matters disclosed in the Commitment or survey. Purchaser's failure to object under Hays 3 5 Paragraph 7 within the time allowed will constitute a waiver of Purchaser's right to object. Seller may, at Seller's option promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller chooses not to do so within ten days after receipt of written notice, Purchaser may terminate this contract, and the contract shall thereupon by null and void for all purposes If objections are not cured by the extended Closing Date, this Contract will terminate and the Earnest Money will be refunded to Purchaser unless Purchaser elects to waive the objections. 8. INSPECTION OF PROPERTY: Within 90 days of the. Effective Date of this Contract, Purchaser may conduct engineering and feasibility studies of the Property. Purchaser's agents may enter on the premises for purposes of soil analysis, core drilling, or other tests, as required. If, in Purchaser's sole judgment, the Property is not suitable for Purchaser's intended purposes, on written notice to Seller received on or before 90 .days from the effective date of this Contract, Purchaser may terminate this Contract, and Seller shall refund Purchaser's Earnest Money and neither party will have any further obligation to the other. If Purchaser does not notify Seller that the Property is not suitable within said 90 day period,the condition of the Property will be deemed acceptable to Purchaser and any objection will be deemed waived. Upon Purchaser's determination that the property is suitable, Purchaser shall deposit $10,000 as Additional Earnest Money with the Title Company. This Earnest Money shall be deposited with the Title Company no later than five business days from the date of Purchaser's acceptance of the property as provided in the Article. This Earnest Money is in addition to the Earnest Money that Purchaser is required to deposit as described in Article 3. In the event that Purchaser terminates this Contract pursuant to this Article 8, Purchaser agrees to restore the Property to its condition prior to Purchaser's entry. 9. CLOSING: The Closing shall be on or before the 60th day following the date of Purchaser's acceptance of the property as outlined in Article 8 at the Title Company's office, or at such time as Purchaser and Seller may agree upon. The parties agree that Purchaser shall not be required to close until Seller has vacated the Property and removed all of its construction equipment. Purchaser agrees to arrange for a courier, at Purchaser's cost, to avoid the necessity of Seller or Seller's- agent being required to appear at the Closing. 10. REQUIREMENTS AT CLOSING: At the Closing, Purchaser shall: (1) pay the full Sales Price in cash; and (2) execute such documents and instruments reasonably requested by the Hays 4 6 Title Company to consummate the transactions contemplated herein. At the Closing, Seller shall: (1) deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying fee title to the Property subject to the permitted exceptions, as such term is defined herein and acceptable in form to Purchaser's and Seller's counsel; (2) provide to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Fidelity Title Company, 1723 E. Southlake Blvd., Suite 100, Southlake, Texas 76092; in Purchaser's favor in the amount of the purchase price, insuring Purchaser's fee title to the Property, excepting only general real estate taxes for the year of closing and subsequent years not yet due and such other title exceptions as may be approved in writing by Seller, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy; and (3) execute a Common Access Easement, in a form acceptable to Seller's and Purchaser's counsel, across Seller's property to give the Property access to Randol Mill Road and Southlake Boulevard, as shown on Exhibit "B" attached hereto and incorporated by reference herein. 11. POSSESSION: Seller shall deliver possession of the Property to Purchaser upon the Closing Date. Upon Seller's receipt of the Earnest Money and through the Closing Date, or the earlier termination of this Contract, Purchaser may place a sign on the property to solicit potential tenants. The sign must comply with Seller's zoning and sign ordinances. 12. SALE EXPENSES: At Closing, the Earnest Money must be applied first to any balance due, then to Purchaser's closing costs and expenses and any excess refunded to Purchaser. The following expenses shall be paid at or before Closing: A. Seller's Expenses: Owner's policy of title insurance release of existing liens, mortgages, deeds of trust or encumbrances of any kind, including prepayment penalties and recording fees, preparation of special warranty deed, one-half the escrow fee, all fees and expenses of the Seller's legal counsel, and any other expenses stipulated to be paid by Seller under other provisions of this Contract. B. Purchaser's Expenses: Cost of survey, if Purchaser desires to purchase, copies of tax statements, filing fees for the deed, one-half of the escrow fee, IIays 5 7 all fees and expenses of the Purchaser's legal counsel, and any other expenses stipulated to be paid by Purchaser under other provisions of this Contract. 13. ATTORNEYS FEES: If Purchaser or Seller is a prevailing party in any legal proceeding brought under or with relation to this Contract, such party shall be entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorneys fees. 14. COMMISSIONS:The parties agree that the only brokers involved in the negotiation and consummation of this Contract is ECN.Enterprises, Inc., and conditioned upon the closing of the transaction contemplated hereby, a commission in the amount of $25,000 shall be payable to ECN Enterprises, Inc. , payable in cash at the Closing. If this Contract is terminated for any reason prior to Closing, there will be no commission due or payable hereunder. Each party represents to the other that it has no incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this.Contract other than the liability of Seller as set forth in this article 14. 15. REMEDIES: A. In the event of a failure or refusal of Purchaser to comply with the terms and conditions hereof, other than as (1)a result of a failure or refusal of the Seller to comply with the terms and conditions hereof, or (2) a termination hereof by the Purchaser as allowable pursuant to this Contract, Seller shall be released from the obligation to sell the Property to Purchaser or to perform further according to this Contract, and may proceed against Purchaser for specific performance, damages, or for any remedy given Seller by law or equity, or, at its option, retain the Earnest Money. B. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except because of Purchaser's termination of this Contract or because of Purchaser's default, Purchaser shall be entitled to: (1) enforce specific performance of this Contract; or(2)elect to receive a refund of the Earnest Money. 16. TIME FOR PERFORMANCE: In this Contract, time is of the essence and compliance with the times for performance is required. 17. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for Ilays 6 8 the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. B. ROLLBACK TAXES: If this sale or Purchaser's use of the Property after closing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to Closing, the Assessments will be the obligation of Seller. 18. ATTORNEY'S FEES:The prevailing party in any legal proceeding brought under or with respect to the transaction described in this Contract is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attomey's fees and expenses incurred, including fees of expert witnesses. 19. ASSIGNMENT:All right, title, interest, or benefit of the Purchaser created hereby or specified by the terms and conditions hereof may be assigned, in whole or in part, to any party with the prior written consent of the Seller; however, in no case shall Purchaser be relieved of liability by reason of such assignment. 20. GOVERNING LAW: This Contract shall be governed and construed in accordance with the laws of the State of Texas. Should any action be brought for the enforcement or interpretation of this Contract, venue shall be in Tarrant County. 21. NOTICES: All notices shall be in writing and effective when delivered at the addresses shown below. • 22. AGREEMENT OF PARTIES: This Contract contains the entire agreement of the parties and cannot be changed except by their written agreement: EXECUTED by Purchaser this PS. ay of , 2002 EXECUTED by Seller this day of , 2002 PURCHASER SELLER .M;Vsztic-Jt ECN Enterprises, In . L�'' City Manager City of Southlake 8950 N. Central Expressway 1400 Main Street, Suite 460 Suite 225 Southlake, Texas 76092 flays 7 9 Dallas, Texas 75231 Ph 817-481-2121 Fx 817/481-1653 Ph 214-369-2200 Fx 214/369-2843 • Hays 8 10 • EXHIBIT "A" LEGAL DESCRIPTION Lot 2R, Block 1, Corner Addition, an addition to the City of Southlake, Tarrant County Texas, according to the plat recorded in Cabinet A, Slide 6365, Plat Records, Tarrant County, Texas. • • • Hays 9 11 EXHIBIT "B" ACCESS EASEMENT PROPERTY • • 12 nays 10 IIMIB IV VII City of Southlake ovlhle Department of Planning STAFF REPORT July 12, 2002 CASE NO: ZA01-140 PROJECT: Lot E,Block 1, Old Orchard Country Estates REQUEST: On behalf of Rosemma Neill &Kay Gunn, Landes &Associates, Inc. is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Bruce Payne (817) 481-2036 Dennis Killough (817)481-2073 Case No. ZA01-140 -r BACKGROUND INFORMATION OWNERS: Rosemma Neill &Kay Gunn APPLICANT: City of Southlake PURPOSE: The purpose of this request is to subdivide one lot into two lots based on the new alignment of Shady Oaks Drive. PROPERTY SITUATION: The property is located on the southwest corner of West Dove Road and Shady Oaks Drive. LEGAL DESCRIPTION: Lot E, Block 1, Old Orchard Country Estates LAND USE CATEGORY: ' Low Density Residential Use CURRENT ZONING: "SF-1A" Single Family Residential District HISTORY: -The City approved the zoning from "AG"to "A-3" on January 3, 1978. -A Plat Showing was approved and filed by the City in January, 1978. -The current zoning of"SF-1 A"was placed on the property with the approval of the current Zoning Ordinance No. 480 on September 19, 1989. P&Z ACTION: June 20,2002;Approved(7-0)subject to Plat Review Summary No. 3,dated June 14, 2002. STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated June 14, 2002. N:\Community Development\WP-FILES\MEMO\2001 cases\01440.doc tr • Case No. Attachment A ZA01-140 Page 1 Vicinity Map - Old Orchard Country Estates immiiilV rl \\\\ ., ip s-r0'' RD WEL DD • n • ... ifl c 2 _ . S J r V. .--_�z , WT ODK IT U. Ill Oil! 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's .Y • i �z Imo.aa..t.,'b'a. - art. or IU1Na0 I ` t ` Y.l •�•dl•'��i.� b.vwaad IL.•.r Y W r1dy ud T4 W payed .ad.oWma ma.m'tna.•a1 'NOV.1Kdalt N-vullf B af0.@T D.LTGa. TC.1001.I0.0ir \ to 101a•\0'• elm D11G.f.• , 1 t Wit"' W D.aO tY pY: .Ys. 11 a . . lI SOT D;NriC!1 n®p 70 Lir17TT 1laT L.=D.larDCO.1 11an1mm roori 00W1:1410 xl idaawiN tcaem @diTa I ayal11111a,v. P'Y}�Otld -__.��.. RC.m-10.DO.a 1 NSDa smrl G'iIZ RTRT�oiOAW�.11aNn daiiT.atl ID�1 AND MOM TOD ANTI ON401 W'e�l@': . ^P1RCT. - ..:an •Ir88ia.1dta®Ol.nti.06to1®..YC iOaT 1>{fl na}0t0iffiT:•..fir* 1 I • allMOMS •IV'Q IMF 1`fl R � DPW TYTYHDtt Cr1�'YOK_• _ __-I I OLD ORCHARD.-COUNTRY. E8T®'!'BS: ! I , ddo¢m• 00YO�a: OpTn ua T9 T ff d1A1gTL up, WDm lII�i0.16 .. aaool.l 1 1. I TDaa 11 nu too•to W:L.1LT n oin wow oaahl.1C0 atawl�Itad 0 L maw.., - ce4atlN allWNq Iameu L'MOIL m Ui T.ems .•OttTLt6 no Ito r.t1'y1/Hid u`41•sd0: !"P -. . .... , -- 000 ha act mar IOR TNF. • r4 -•..�-�• I I. eN`d0-'°mataL0a1• #0t20BP. n ` fa • eD e-r PLAT REVIEW SUMMARY Case No.: ZA01-140 Review No.: Three Date of Review: 06/14/02 Project Name: Plat Revision—Lots E-1 and E-2, Old Orchard Country Estates APPLICANT: Landes & Associates, Inc. ENGINEER: Cheatham & Associates Coy Landes 1107 E. First Street 1601 E. Lamar Blvd, Suite 200 Fort Worth, TX 76102 Arlington, TX 76011 Phone: (817) 870-1220 Phone: (817) 548-0696 Fax: (817) 870-1292 Fax: (817) 265-8532 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/11/02 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 BEN BRYNER AT(817)481-2086. * We find the applicant has met all the requirements of our previous reviews. This plat is apparently ready to file in the County Plat Records. INFORMATIONAL COMMENTS * A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E.Weatherford St. in Ft. Worth(across from the old red courthouse). There is a service charge of$10 per account for this certificate. For more information contact the Assessor/Collector's office at(817) 884-1103. * Original signatures and seals will be required three blackline mylars 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. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees,off-site sewer extensions,off-site drainage and utility easements and impact fees. • Case No. Attachment D ZA01-140 Page 1 SurrQutnding Property Owners Old Orchard Country Estates 4 ,'{ t" I ea , Owner Zoning Land Use Acreage 1. Independent Builders 1. SF-1A I. Low Density Residential 1. 2.73 Inc. 2. N. McGarity 2. SF-IA 2. Low Density 2. 4.40 Residential/100 Yr. Flood Plain 3. R. Neill 3. SF-lA 3. Low Density 3. 4.37 Residential/100 Yr. Flood Plain 4. St. of Texas 4. SF-lA 4. Low Density 4. 0.11 Residential/100 Yr. Flood Plain(R.O.W.) t , Case No. Attachment E ZA01-140 Page 1 Surrounding Property Owner Responses;::' Old Orchard Country Estates Notices Sent: Four(4) Responses: None • • Case No. Attachment F ZA01-140 Page 1 City of Southlake, Texas MEMORANDUM July 11, 2002 TO: Billy Campbell, City Manager FROM: Shana K. Yelverton, Asst. City Manager (ext. 1429) SUBJECT: Resolution No. 02-048, Granting approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2002 Single Family Mortgage Revenue Bonds to finance home mortgages for single family homes located within the city. Action Requested: Approval of Resolution No. 02-048 Background Information: Council approval of this resolution will authorize the Tarrant County Housing Finance Corporation to provide loans to "first time" homebuyers seeking to buy homes in Southlake. Previously, no Council action was required for Southlake's inclusion in the program; however, since the city's population now exceeds 20,000, the Council must approve the application of the Act to the property located in Southlake. The program offers down payment and closing cost assistance and below market mortgage interest rates to individuals whose incomes do not exceed those established under the federal mortgage revenue bond program guidelines. Borrowers must be "first time" home buyers and must occupy the purchased home as their principal residence. To qualify for a mortgage, a mortgager may not have had an ownership interest in a principal residence during the last 3-year period and loans may not be made to refinance pre- existing mortgage loans. Of course, normal mortgage underwriting requirements which demonstrate credit-worthiness must be met. Southlake's approval of this resolution will allow program participants (qualified buyers) to purchase new or existing owner-occupied, single family houses. Purchase price limitations for new residences is $1480,536 and for existing residences is $95,234. Financial Considerations: The City of Southlake will have no financial obligation related to this program. Citizen Input/ Board Review: N/A Legal Review: A copy of the resolution has been provided to the city attorneys. • Billy Campbell, City Manager July 12,2002 Page 2 Alternatives: Council may decline participation. Supporting Documents: Resolution No. 02-048 Staff Recommendation: Staff recommends approval of Resolution No. 02-048. RESOLUTION NO. 02-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2002 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. WHEREAS, pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, V.T.C.A. (the "Act"), the creation of the Tarrant County Housing Finance Corporation (the "Corporation"), was approved by resolution of the governing body of Tan-ant County, Texas (the "County"), adopted on the 14th day of. April, 1980, to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the County at prices they can afford; and WHEREAS, in accordance with the Act the Corporation is not permitted to provide financing of home mortgages for homes which are located within a municipality with more than 20,000 inhabitants as determined by the Corporation's rules, resolutions relating to the issuance of bonds, or financing documents relating to such issuance, unless the governing body of the municipality approves the application of the Act to the property located within the municipality; and WHEREAS, the Board of Directors of the Corporation has requested the approval of the governing body of the City of Southlake, Texas (the "City") to provide financing for home mortgages for homes within the City with the proceeds of the issuance of the Corporation's proposed Series 2002 Single Family Mortgage Revenue Bonds (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The governing body of the City hereby approves the application of the Act to the property within the City and grants its approval to the Corporation for the use of proceeds of the Bonds to finance home mortgages for single family homes located within the City. SECTION 3. This Resolution shall be effective from and after its passage. City of Southlake Resolution No. 02-048 Page 2 PASSED AND APPROVED this day of , 2002. Rick Stacy, Mayor ATTEST: Kim Bush, Acting City Secretary 2 1 A - Participating Lenders Prime Lending,Inc. 500 Grapevine Hwy.,Suite 227 Countrywide Home Loans,Inc. Hurst,TX 76054 2417 West Park Row Jodie Nyquist (817) 498-6766 2002 Arlington,TX 76013 Jan Wakeland (817) 861-9843 Texas Bank Mortgage 2525 Ridgmar Boulevard,Suite 200 300 S.Hulen Street,Suite 108 Fort Worth,TX 76116 Fort Worth,TX 76109 Lynda Cronin (817) 735-0902 ''arrant County Sharron Pustejovsky (817) 377-8097 729 Fort Worth Drive 112 State Street,Suite 207 Denton,TX 76201 it Southlake,TX 76021 Jessie Rennaker (940) 383-4336 ?w: Karen Bracken (817) 488-6300 7^ 6201 Colleyville Boulevard,Suite 100 att. CTX Mortgage(Fox&Jacobs Homes ONLY) Colleyville,TX 76034 -, e 9229 LBJ Freeway,Suite 104 Denise Geraci (817) 416-5184 /�: ,a �� Alt, Dallas,TX 76021 (214) 764-8080 � a` Universal American Mortgage ..1 'w__— x S 13111 N.Central Expressway,Suite 100 ,_',1 q i�,ll'If t �f I d Guaranty Residential Lending,Inc. ,_ #j ,- ��" ��.,�ll�-;_ _y 9001 Airport Freeway,Suite 120 Dallas,TX 75234 Fort Worth,TX 76180 Brenda Valdez (972) 994-0900 �I •III I "�� y David Haws ��I _ ;,1 �. (817) 485-9416 MI.1 : `� ' �' ��' 13601 Preston Road,Suite 705 East Dallas,TX 75240 Tin rant County Housing Finance Corporation — Neil Rudine, Bill Hendricks (972) 448-4250 Housing Finance Home Loan Corporation The Tarrant County Housing Finance Corporation is a ton 901 West Bardin Road,Suite 200 not-for-profit corporation created pursuant to the Texas Corpora l lOn Arlington,TX 76017 Housing Finance Corporations Act. Sharon McKay, Gigi Tannahill (817) 466-0195 n•5 1112 E.Copeland Road,Suite 550 n Arlington,TX 76011 ,-. A Faye Smith (817) 795-0031 wui 11(9i1 ' 4B�0 Grant for [,�IN�J, ki"';��,git i. 1500 W.Southlake Blvd.,Suite 140 ' y',='''`i" '=`"':' ..=rt.. Down Payment and Southlake,TX 76092 Robb McKinnon (817) 329-8805 Board of Directors Closing Cost Assistance 115 Burleson, Newton,Suite Commissioner Dionne Bagsby TX 76028 b l' Jolynn Crozier (817) 447-2975 Commissioner J.D. Johnson Commissioner Marti VanRavenswaay Judith ,Smith Mortgage Commissioner Glen Whitley 6.01 O�O Mortgage Rate 6125I-20 Suite 140 County Judge Tom Vandergriff b Fort Worth,TX 76132 Judith Smith (817) 294-7887 Want a home of your own, How Do I Get a Loan? Maximum Purchase Limits but can 't meet the down To apply for a mortgage loan under the program,a home payment •• buyer must: New Homes Existing Homes J * Meet the eligibility guidelines for the program $140,536 $95,234 Buying a Home Can Be Affordable * Apply through one of the participating lenders Thanks to a special new partnership between the Tarrant * Have a purchase contract on a home that meets County Housing Finance Corporation and local home the program requirements mortgage lenders,first-time home buyers in Tarrant County, Texas(excluding the Cities ofArlington,Bedford,Fort Worth, Grand Prairie,Keller and Southlake,Texas)may now have a chance to finance a home at below-market mortgage rates. This program is designed to help qualified home buyers BF Maximum Income Limits' purchase a newly constructed or existing home by providing a 30-year fixed-rate loan at 6.81%with down payment and Eligibility Guidelines closing cost assistance equal to 4.00%of the loan amount. This program is targeted to low and moderate income * Homes must be located within the geographic Families of 2 or less Families of or more households. $22,000,000 of mortgage loans are available boundaries of Tarrant County,Texas(excluding $61,300 $70,495 under this program to qualified buyers. The Tarrant County the Cities of Arlington,Bedford*,Fort Worth, Housing Finance Corporation and area mortgage lenders are Grand Prairie,Keller*and Southlake*,Texas). helping to make your dream of owning a home come true. * Borrowers using the program cannot have had Here are the Details! a present ownership interest in any principal residence during the last three years. The Mortgage Program: * Borrowers must meet normal mortgage underwriting requirements which demonstrate The mortgages available through this program have creditworthiness. What If Have More Questions? terms similar to other home loans—the payments are fixed for 30 years and the loan types are Conventional, * Borrowers must occupy the purchased home Call one of the participating lenders listed on the back of FHA-insured or VA-Guaranteed. However,these loans as their principal residence. this brochure. They will be glad to talk with you about have two unique features: the features of the program. * 1. The 6.81% mortgage interest rate is below- market;and * 2. Homebuyers will be provided a 4.00%closing cost and down payment assistance grant. For example, on a $100,000 loan amount, home * As city councils permit,these cities may be included * The maximum income limits typically increase slightly buyers will receive $4,000 in assistance). A in the program area at a later date. Check with the each year by the federal government. So it is a good idea 1.00%origination fee and 1.00%discount point participating lenders. to call one of the participating lenders if you have will be paid at loan closing by the buyer. questions about whether you can qualify. • L._ Tr_ City of Southlake •uthl• e Department of Planning MEMORANDUM July 12, 2002 • TO: Honorable Mayor and City Council Members FROM: Bruce Payne, AICP, Planning Director (817) 481-2036 SUBJECT: Ordinance No. 480-PP—amendment to the Comprehensive Zoning Ordinance No. 480, as amended, regarding "Lot Area" within the."B-1" Business Service Park district and"I-1" Light Industrial district(Proposed Ordinance No. 480-PP). REQUESTED ACTION: Conduct public hearing and Consider second reading of proposed Ordinance No. 480-PP regarding changes to the"Lot Area"regulations within the"B-1" Business Service Park district and "I-1"Light Industrial district. (� APPLICANT: City of Southlake BACKGROUND: The "Lot Area"requirement in the"B-1" and"I-1"zoning district has been an intended revision for many years. The current regulation has a minimum lot size restriction of five (5) acres and is written as follows: Lot Area: The minimum area of a lot in this district shall be five (5) acres. The preceding City Zoning Ordinance No. 334 was written as follows: "Industrial Park and Lot Size — It is the intent of the City that industrial development occur in industrial parks of at least five(5) acres. To that end, industrial districts must be henceforth at least five acres in size. Individual lots with individual ownership within a five acre industrial district may be less than five acres; but must comply with other sections of this ordinance." This regulation,as written above,has continued to be applied to developments since adoption of the current Ordinance No. 480. It should also be noted that the "Lot Area" regulation for the "I-2 Heavy Industrial district in the current Zoning Ordinance No. 480 is as follows: "Lot Area: The minimum area of an I-2 Industrial Development shall be ten (10) acres. Ord. 480-PP This regulates the size of the overall development rather than the lot size. I' As a result of applying the old regulation as well as lots created under the old- ordinance provisions, there are 76 existing "I-1" lots and 12 "B-1"lots that are non-conforming with the "Lot Area" regulation as currently written. Attachment`B" is a map showing the location and number of lots affected. P&Z ACTION: June 6, 2002; Approved(6-0) as it pertains to "I-1" and`B-1"zoning districts. COUNCIL ACTION: June 18, 2002; Approved first reading on Consent(6-0). FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Currently under review by the City Attorney's Office. No Comments have been received. SUPPORTING DOCUMENTS: Attachment A- Proposed Ordinance Changes Attachment B—Location Map of Non-conforming Lots BP/dkk Attachments (2) N:\Community Development\WP-FILES\MEMO\2002cases\480-PP.doc • • • C • • Ord. 480-PP (f ; ORDINANCENo. 480-PP PROPOSED MODIFICATIONS TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480,AS AMENDED, REGARDING LOT AREA IN THE "B-1" BUSINESS DISTRICT AND "I-1" LIGHT INDUSTRIAL DISTRICT Section 24.5f `B-1"Business District DEVELOPMENT REGULATIONS—Lot Area: The minimum land area of a lot in this within a contiguous district boundary shall be five (5) 4 I:: acres. There'shall be no minimum lot size for-'lots platted within this district Section 26.5f "I-1"Light Industrial District DEVELOPMENT REGULATIONS—Lot Area: The minimum land area of a lot in this within a contiguous district boundary shall be five(5) acres. Thereahall be no minimum lot size for lots platted within this district; Ord. 480-PP Attachment A Page 1 ORDINANCE NO. 480-PP I AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING CERTAIN SECTIONS REGARDING LOT AREA IN THE `B-1" BUSINESS DISTRICT AND THE "I-1" LIGHT INDUSTRIAL DISTRICT; 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 PAMPHLET FORM; 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 has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 24.5f and 26.5f, of Ordinance No. 480, as amended, are hereby amended by to read as follows: Ord. 480-PP Attachment B Page 1 The minimum land area of a lot in this within a contiguous district boundary shall be five(5) acres. There shall be no minimum lot size for lots platted within this district. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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. Ord. 480-PP Attachment B Page 2 SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to publish the proposed`ordinance or its caption and penalty together with a notice setting out the time 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 final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. • Ord. 480-PP Attachment B Page 3 SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the • day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY ' r PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ord. 480-PP Attachment B Page 4 __ _ W WI • ,,A City of Southlake g • uthr .____,_ __,____....a._ . ,_, �la a Department of Planning e - STAFF REPORT July 12, 2002 CASE NO: ZA02-018 PROJECT: Lots 1,2R1,3,4, and 5,Block 5, Cornerstone Business Park REQUEST: On behalf of Southlake Cornerstone Business Park, L.P., JDJR Engineers & Consultants is requesting approval of a rezoning and concept plan request. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for rezoning and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-398 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Bruce Payne (817) 481-2036 Dennis Killough (817) 481-2073 l Case No. ZA 02-018 BACKGROUND INFORMATION ( —,) OWNER: Southlake Cornerstone Business Park, L.P. APPLICANT: JDJR Engineers & Consultants PURPOSE: The purpose of this request is to place"Industrial"district uses and regulations on the property for development of two industrial buildings. PROPERTY SITUATION: The property is located north of S. Nolen Drive and east of Crooked Lane at the intersection of these two streets. LEGAL DESCRIPTION: Lots 1, 2R1, 3, 4, and 5, Block 5, Cornerstone Business Park, and being approximately 9.295 acres. LAND USE CATEGORY: Office Commercial and Industrial CURRENT ZONING: "0-1" Office District and "I-1" Light Industrial District REQUESTED ZONING: "I-1" Light Industrial District AMENDED REQUEST: The initial request for"I-1"Industrial District has been amended to"S-P- 2" Generalized Site Plan District with limited "I-1" Light Industrial District uses. HISTORY: -A zoning change from "AG" to "0-1" Office District was approved by the City in May of 1997. -A Preliminary Plat was also approved in May of 1997. -The City Council approved a zoning change from "AG" to "I-1" Light Industrial District on January 6, 1998 that included Lots 3,4, and 5. -A Final Plat was approved by the City on September 4, 1997. -A Plat Revision of Lot 2 was approved by the City Council on December 5, 2000. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan does not recommend the improvement of the streets adjacent to this site. • Existing Area Road Network and Conditions The proposed site will have three (3) access drives directly onto S. Nolen Drive. • Case No. Attachment A ZA 02-018 Page 1 Nolen Drive is currently a local level commercial street within the Cornerstone • Business Park development. Nolen Drive north of Crooked Lane is to be a four-lane, undivided roadway with 70 feet of right-of-way. • The use of Crooked Lane north of S. Nolen Drive has been eliminated. Crooked Lane will be abandoned prior to a re-plat of the property. May, 2001 traffic counts on Crooked Lane (between F.M. 1709 and Kimball Avenue): Table#1 24hr North Bound (NB) (1,201) South Bound (SB) (1,506) NB Peak A.M. (103) 8 —9 a.m. Peak P.M. (144) 5 —6 p.m. SB Peak A.M. (132) 8 —9 a.m. Peak P.M. (123) 6—7 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- AM- PM- PM- IN OUT IN OUT Industrial 108,800 759 99 11 16 101 WATER& SEWER: There is an existing 12"water line in the east right-of-way of S.Nolen Drive. There are existing fire hydrants at the intersections of Silicon Court and Nolen Drive as well as Crooked Lane and S. Nolen Drive. There is an existing 6" and 8" sanitary sewer line in the west right-of-way of S. Nolen Drive. ) ESTIMATED IMPACT FEES: Water $15,924.80 (assumes 2—2" meters and 1" irrigations) Wastewater $7,560.96 (assumes 2—2" meters) Roadway $52,737.54 (assumes General Light Industrial uses) P&Z ACTION: May 9,2002;Approved(6-0)subject to Concept Plan Review Summary No.3, dated May 3, 2002, specifically approving variances for bufferyards as proposed and further stipulating that the evergreen screening shrubs not be included as part of the required landscaping or bufferyard plantings. COUNCIL ACTION: May 21, 2002; Approved to Table on Consent (7-0) to June 18, 2002. June 18, 2002; Approved first reading on Consent (6-0) accepting change in zoning to "S-P-2" with "I-1" uses. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated July 12, 2002. The following development regulations are being requested: • Bufferyards along lot lines internal to the development shall not be required. Case No. Attachment A ZA 02-018 Page 2 • A 10'-Type `F-1' bufferyard shall be required along the northwest property line (old Crooked Lane). • A screening hedgerow erow (Nellie R. Stevens Holly, Foster Holly) maybe substituted for screening fence in bufferyards Type 'F-1'. The screening hedgerow shall not count toward any landscape area tree or shrub • requirements. N:\Community Development\WP-FILES\MEMO\2002cases\02-018ZCP.doc i • • Case No. Attachment A ZA 02-018 Page 3 Vicinity Map - Cornerstone Business Park 111111 40 -ingitiviri AltilliiPiC\ a .f: 1 /-+ -'-'' nu Inv , 4 „,... 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"...''..,.'t"?.._ CO‘k-'4,--1.' i',...,'..,,\\\‘,,,,..' -"-,,,,I' y\., 1 .. ! I ,11 .;;;•.,;',I1;,,,F,,,- -.7;,.,.-- r".....7. _ -,:-..-4,•-• ., .1..>?.%,...q...)'‘. ''',: cNs„,/_J:,‘,\' ',._„,,,,,AK-% A \ • :..--,..y...v,-- .—. ,,...... ...,,....., ,,?... •.. 1‹ ''\, A.N:': \31).\\ \ I 3 -‘" i 0, .• VI 77:5 ,,.., j• , .,, ,r.•.., LT ..e. A ,,,, - r'r --..x..7.7- 0•• '\•<->e ....<,-V --> ,5,\.\,,,,,. ,\>,:,/,..,,,=, \1 ,—...., t-, . •-:-,..r,'!.:7. I I. I I CONCEPT PLAN '1- \'‘ -"fr-. -- 111.: 1-1 r. ,n,4 -0.4 --- `R\ -.4",/-A-<\)\., Lois 1, 2R1. 3. 4 AND 5.8LOCK 5 ,4.4,..... .,,0 ...../.- ',N.\ ....A..',,,:).;,W\ 1 \ 1 I•-.,..,,),...,-I 1 /11 ) : f.,74.1.5"...Brass r 9.. CORNERSTONE BUSINESS _...,„, ..(' \s'\3. \ -- --.. . -- / : ................ PARK\\,:\\ ,: r C-<,..s.-•-;'!"''',.1. .-----'-'--• - „„„ ..\,. .‘• \ ,$),'',kt.0\-'--..-,, oc•0 , .:,evonf.,,0.1,41../.1,LI it(NAmoseto cauATT•NIANIN, 9 295 ACRES OW OF IIIE f1iCACAS EASIER SURVEY. ABSTRACT NO.s74 2 ,•,,Pilaz...),,,t.7.5',....1...X:1,0,12*•-•.,(...15..s1.•51•,..1 5..0.•91A0C.1 cirr Or SOUTIA ARE z„.,.:,,,r,r,N4c...•,Nr.....au.a....Ai N.7...NT,.1.3.t......04.1,10104.1.! TARRANT Ca./NirT TEXAS ,.t,,,,. \ ‘ 4 .PA.1.0+4.1,1,3,,....N.I.i...11.....4:v-•TO'0.0110,1 STO., SCALE 1-.50. 1-.111, ''''Ci:4';.-F:10.:•V. 1 ,,,,C,..11,U.401.51 1 ,.1.s,,,Esir•OD..15,..A.C1 Ts',p.p.,sTysto o-T!Lind 1.1,5 OWNER: CASE NO ZA 02-01B ›. 11,•.1.4,r L T % -.,-71.--- ,,T,..., ..,T,T,(upi 4...1,1..1.1,,,3.I,A..0 51 SITU BLAKE CORNERS____ IONt ID; - • ..,N.s....ts Ass s...Au ti(4/,..1 i.•won.•111.A Unnt".•"eve! . BUSINISS PARA.I P :0 ri,...-tr.„NU U.A,...Of,)5 I II I.61 X,.Allem&a.,.,.57.11 nor. . 11„,••,./1,1.) ft4.1.....1,..•••••...S....7 1 Iv 5 A.5 • cra 6° 1-, n . • CONCEPT PLAN REVIEW SUMMARY Case No.: ZA02-018 Review No.: Five Date of Review: 07/12/02 Project Name: Concept Plan—Cornerstone Business Park OWNER: Southlake Cornerstone Business Park ENGINEER: JDJR Engineers & Consultants Jack Lovette _ J. Kent Bell 12750 Merit Dr.,#1. 17.5 2505 Texas Dr., #109 Irving, TX 75062 PHONE: (972) 671-9120 PHONE: (972) 252-5357 FAX: (972) 671-9115 FAX: (972) 273-8860 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/01/02 AND WE 01-1-thR THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT BEN BRYNER AT(817)481-2086. DEVELOPMENT REGULATIONS 1. The following development regulations are being requested: a) Bufferyards along lot lines internal to the development shall not be required. b) A 10'-Type `F-1' bufferyard shall be required along the northwest property line (old Crooked Lane). c) A screening hedgerow (Nellie R. Stevens Holly, Foster Holly) may be substituted for screening fence in bufferyards Type `F-1'. The screening hedgerow shall not count toward any landscape area tree or shrub requirements. 2. Correct the development regulations to propose the alternate Type `F-1" bufferyard in place of the required Type 'F-2' bufferyard along the northwest property line (old Crooked Lane) as depicted on the graphic of the plan. CONCEPT PLAN COMMENTS 3. Change the proposed zoning on the Site Data Table to "S-P-2". INFORMATIONAL COMMENTS * The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and 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. • Case No. Attachment D ZA 02-018 Page 1 N i * This review is based on the "I-1" Zoning District Regulations. * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC,Section 43,Part III"Residential Adjacency Standards". Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per§43.13a,Ordinance 480,as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per§ 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. • Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire'lanes must be approved by the City Fire Department. Case No. Attachment D ZA 02-018 Page 2 Surrounding Property Owners ( ;; Cornerstone Business Park 1 IIII J 1.9 • R/ isj , , 1 __,.' __ i•l- fir, iris k0401. , t 4 - 9 10 , Owner Zoning Land Use Acreage 1. E.C.White/Par 3 1. AG 1. Low Density Residential 1. 19.96 Properties(new owner) 2. R.Williams 2. AG 2. Low Density Residential 2. 5.93 3. :Par 3 Properties 3. SP-2 3. Retail Commercial 3. 1.525 4. Par 3 Properties 4. SP-2 4. Retail Commercial 4. 2.49 5. Par 3 Properties 5. SP-2 5. Retail Commercial 5. 0.41 6. Par 3 Properties 6. SP-2 6. Retail Commercial 6. 0.84 7. Coppell/DTR Center 7. SP-2 7. Industrial 7. 1.94 8. Shurgard/Fremont 8. SP-2 8. Industrial 8. 4.56 Partners II 9. BBJ&E LTD 9. I-1 9. Industrial 9. 2.06 10. AKP Management 10. I-1 10. Industrial 10. 1.36 11. Amar Saini Corp 11. I-1 11. Industrial 11. 1.65 12. Sandy/Mac Partners 12. I-1 12. Industrial 12. 1.60 13. SCBP-A Lp 13. I-1 13. Industrial 13. 4.56 14. Southlake Cornerstone 14. 0-1 14. Office Commercial 14. 1.21 Business 15. Southlake Cornerstone 15. I-1 15. Industrial 15. 9.06 Business L ' • Case No. Attachment E ZA 02-018 Page 1 Surrounding Property Owner Responses Cornerstone Business Park Notices Sent: Eleven (11) Responses: None (0) • Case No. Attachment F ZA 02-018 Page 1 CITY OF SOUTHLAKE,TEXAS { ORDINANCE NO. 480-398 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 LEGALLY DESCRIBED AS LOTS 1, 2R1, 3, 4, AND 5, CORNERSTONE BUSINESS PARK,AN ADDITION TO THE CITY OF SOUTHLAKE, ACCORDING TO THE PLATS RECORDED IN CABINET A, SLIDE 4010 AND CABINET A, SLIDE 6339,PLAT RECORDS,TARRANT COUNTY,TEXAS, AND BEING APPROXIMATELY 9.295 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A" FROM "0-1" OFFICE DISTRICT AND "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "I-1" LIGHT INDUSTRIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance.and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to Case No. Attachment G ZA02-018 Page 1 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"0-1"Office District and "I-1" Light Industrial District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas,at a public hearing called by the City Council did consider the following factors in making a determination as to whether 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 healthby 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 Case No. Attachment G ZA02-018 Page 2 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 • Case No. Attachment G ZA02-018 Page 3 • —" amended'so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being legally described as Lots 1, 2R1, 3, 4, and 5, Cornerstone Business Park, an addition to the City of Southlake,according to the plats recorded in Cabinet A,Slide 4010 and Cabinet A, Slide 6339, Plat Records, Tarrant County, Texas, and being approximately 9.295 acres,and more fully and completely described in Exhibit"A" from"0-1"Office District and"I-1"Light Industrial District to"S-P-2"Generalized Site Plan District with limited"I-1"Light Industrial District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B",and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health,safety,morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, Case No. Attachment G ZA02-018 Page 4 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 Case No. Attachment G ZA02-018 Page 5 zoning which have accrued at the time of the effective date of this ordinance;and,as to such act;rued r • 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 ,2002. MAYOR ATTEST: ACTING CITY SECRETARY .z • Case No. Attachment G ZA02-018 Page 6 PASSED AND APPROVED on the 2nd reading the day of ,2002. L_ . MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA02-018 Page 7 ,.- EXHIBIT "A" -- r Being legally described as Lots 1, 2R1, 3, 4, and 5, Cornerstone Business Park, an addition to the City of Southlake,according to the plat recorded in Cabinet A,Slides 4010 and 6339,Plat Records, Tarrant County, Texas, and being approximately 9.295 acres. Case No. Attachment G ZA02-018 Page 8 • C r , n Po- sthl o � b.) /oyL z N ara575'_E—�.' /:a'07-E , o m- re lr .—',T------ lip. t !/ _ - _:; _9-' tea,. a '°'- 0ZJt „ _ — I_ '__ w•` = v.N r -f I .,. <a r7..,�.�_, r'.jr'� `\ _ _ n' �,. t.yY,• r9n. \..I LOCATION MAP l't. r \ //t /rlI I' N� �a •��' I'~ �• HartYo revs tY w1 ta,l,V•rtrr at0.,w[+M MA s•r O a.r-t Lwc 41.7 A. ,� /• I e� R i , �\ \`.., ;da \ ?deg�$.' , Y�..:..•..r., \" \N. -"� '7 - .r.,nPo.rc r.rn.. ,\ •ar..0 nu ur.r ; �~ Or r.T R 1Se . ,y 9,10 / al M-.si1 `�1\ - 1�/� Cv. r 4r i1 r ~ � -, +rn, t rKa s 4w.e nO.:Itr s r.. .nr. `,n[M[.er 7 i n`:,Y..m„ w wr,1un u•. ril ONAIKTRAT own X � v)., �l i I P r. " /K, SS l_�aJ ,.o,,tu�F.. !`'`L a T�jrL� I .i•�� LOf 2, ; SITE DATA TABULATION v , 1 1 ._..• '�`�3 _ I I �� CONCEPT PLAN t �..9.1. ,..,. ``,kc, ,�,<`" I '•:'�� 1 1 1..1 Lois 1.2RI, Jr 4 AND 5.BLOCK 5 ��,, ' ``�.I_' r-.•I .,, CORNERSTONE BUSINESS _....' \`r ,��. ::. :. PARK Y('','/ r� 5..r iC,GN 9 295 ACRES DUI W RA NO o EASIER \'‘�+\ "\1 11i 11�1� n - .. .•.r...r wns ina- . ... ., SLIMY, SOu TIE.l E a/4 O''. CIT 01'SITU n4.AIF. 1� -.1\ �' �121' 3 - a;w•Tw.•r.art.w.v-v a r lCr w.u.,rv..t.,in.y..v fAN11.W O COJN:Y,IC%A$ lP `, ` i , ra K•r 1 Bacon.rrr :ENNUANr]OO7 r Im„Y,EN CtootEit CASE NO.LA 02-UIN A I� �-' • O •4 n''''"'''.rr,uw ry 5UU11LAI CCIINL RSfONi %'�r, r a vwcu., _ . O 9 E55 PARK,IP f_. J D R E 1IT76 N rain NWT.N et et- CORNERSTONE BUSINESS PARK USE AND DEVELOPMENT REGULATIONS FOR "S-P-2 for 1-1" ZONING, PERMITTED USES THIS SITE SHALL PERMIT ALL "I-1" UGHT INDUSTRIAL DISTRICT USES ACCORDING TO ZONING ORDINANCE NO. 480, SECTION 26 EXCEPT: BLACKSMITHING OR HORSE SHOEING; BROOM MANUFACTURING; CANDLE MANUFACTURING; CREAMERY AND DAIRY PRODUCT MANUFACTURING; EGG STORAGE, CANDUNG, SORTING AND GRADING; FARRIER; FEED STORES; ICE MANUFACTURING AND BULK ICE STORAGE.. • DEVELOPMENT REGULATIONS: THIS PROPERTY SHALL BE SUBJECT TO THE DEVELOPMENT REGULATI0NS OF THE "I-1 UGHT INDUSTRIAL DISTRICT, SECTION 26 OF ZONING ORDINANCE NO. 480, AS AMENDED, AND ALL OTHER APPUCABLE REGULATIONS OF ZONING ORDINANCE NO 480, AS AMENDED, WITH IHE FOLLOWING EXCEPTIONS: 1. BUFFERYARDS ALONG LOT UNES INTERNAL TO THE DEVELOPMENT SHALL NOT BE REQUIRED. 2. A SCREENING HEDGEROW (NELLIE R. STEVENS HOLLY, FOSTER HOLLY) MAY BE SUBSTITUTED FOR A SCREENING FENCE IN BUFFERYARDS TYPE F-1. THE SCREENING HEDGEROW SHALL NOT COUNT TOWARD ANY LANDSCAPE AREA TREE OR SHRUB REQUIREMENTS. • • Case No. Attachment G ZA02-018 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. (\ a Case No. Attachment G ZA02-018 Page 11 City of Southlake oulhlake Department of Planning STAFF REPORT July 12, 2002 CASE NO: ZA02-021 PROJECT: Cornerstone Business Park, Lot 1, Block 2 REQUEST: On behalf of Integrated Interiors, Blake Architects is requesting approval of a site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer's Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner's Responses (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner(481-2086) Case No. ZA02-021 • BACKGROUND INFORMATION OWNER: Integrated Interiors APPLICANT: Blake Architects PURPOSE: The purpose of this request is to get a site plan approved to start construction of an office/warehouse building. PROPERTY SITUATION: The property is located on the southeast corner of Exchange Boulevard and • Silicon Drive. LEGAL DESCRIPTION: Lot 1, Block 2, Cornerstone Business Park, being 1.21 acres. LAND USE CATEGORY: Industrial CURRENT ZONING: "I-1"Light Industrial District HISTORY: -A Preliminary Plat for Cornerstone Business Park was approved in May of 1997. -The City Council approved a zoning change from "AG" to "I-1" Light Industrial District on January 6, 1998. -A Final Plat was approved by the City on September 4, 1997. TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The proposed site will have one (1) access directly onto Silicon Drive and one (1) access directly onto Exchange Blvd. The applicant will dedicate a common access easement for the drive on Exchange Blvd to allow the property to the east to have access to Exchange Blvd, as well. Silicon Drive and Exchange Blvd are local streets with 60' of right-of-way • serving the lots in Cornerstone Business Park. There are no future plans for expansion of these streets. Traffic Impact Use Sq. Ft. Vtpd* AM- AM- PM- PM- IN OUT IN OUT Office 6,305 69 9 1 2 8 Warehouse 5,994 30 2 1. 0 3 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Southlake Boulevard. Case No. Attachment A ZA02-021 Page 1 WATER& SEWER: There is an existing 8"waterline on the north side of Exchange Blvd. A 6" sanitary sewer line exists on the south side of Exchange.Blvd. ESTIMATED IMPACT FEES: Water/Irrigation $7,962.40 (assumes 1 —2" and 1" simple meters) Wastewater . $3,780.48 (assumes 1 —2" simple meter) Roadway $7,016.51 (assumes office and warehouse uses) *Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: June 6, 2002; Approved (6-0) subject to Site Plan Review Summary No. 4, dated May 31, 2002, granting requested variance in articulation. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated May 31, 2002. The following variance is being requested: • Articulation: No wall may extend more that 3 times the height of the wall. The applicant is requesting approval of the building as shown on the elevations. The current Site Plan shows a proposed carport. Carports can only be permitted with approval of a Specific Use Permit. Approval of this site plan does not include approval of the carports. A separate SUP application for the Car Ports accompanies this request. N:\Community Development\WP-FILES\MEMO\2002cases\02-021.doc Case No. Attachment A ZA02-021 Page 2 Vicinity Map Integrated Interiors , 7-- -t1/4j Iiiiiiiel(wet\r-.<3 %‘'" o c ",f RAC iiIP' 1 / , SINE - ` '�111 PM -_ �jS1W SS fit A i ' I. 0 - Ti! sw I . fill G l_ ? 5usw.ES S l ‘._*,....,. \o, _...........___ O • pR ycpc, 0.. E_, 7 1000 0 1000 2000 3000 Feet N . / 1. 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I n...a....m-a OITY Or'fiAlTY AKC :i T,.“2: IT.A'RiTY.TE):AS Y .__......._. ,.N.•. sot�xar - GAeOBI .A;VOLL-I_,.OIC Q — ! .x,a.me.raJ••,N CAI eaJ1/4i - — -- ii.-• — vINGINIT1"HAP • f j511 E PLAN.wr r.se 6IT 1.1...441. ZM7 G21 • p --, -%, '' INiiid e bcciorise dry.. RIORS x . o m a sa Jos F. i \\ nii*Otri i 1 I. TARRANf'COLff1Y 7FJw:7(1o61 ,, 1,_A y yyn, tees c sJrt-rm ... 1 , °, ri gRM•NKto MAW , Kg SITE PLAN " a' i v Y 91Te PLAN s,Te� 1 g a Blake Architects i' cITYArrgovLAnE 1"rrF' 119.1 tsCOl/4 KM.win eg r�Uy DtB Mf MaVO mete t 1¢e1W.lip MP AD ' // YLaffJGt�'at+rwcO1>satwtativa_ m:ttt-tsam rice m-awm vwvswatamsonti r wow on ►Ste nrtw/9n a P T • OCCCMI7L•R 03.ZO01 ��yj SNEZT 1 Op S 27 eD CM 0 a, tM 1-, /--- ,...------... ,---, . i ' ... .,.. N n . ;.... gg • (:;:ik.. .(41t © Cil • 1.• . 0 %,.. I 0 1-2,--/ ..—.C......xli ,,,.....:IK11, ',... (Kt UK:KA. IN) © _ , jr;173tailtir:Ofl, ..,"' . 4.4.,44-44,.s'-',.„ .4. .1.4riVr' :44'relfyihTfrlitiq.$4,1k4;:e.1,1441.47,..:1,,,triltta-........—',/K.K....--.K.K.4.,/tim /11 11 ''''M ''''''''''''' /4111, .114, ,,.„1- g.ea 4 h A 1,414'4 415144,,1.;,r,- ,.#2.0',n i %, ' NiEfi,I. 5i. Isill n[ $ n • . 16.* nil • „0- NORTH ELEVATION •••••-v•-•,... . - 2. 4,0 1 i • • .e.- . 'Ai 4, . . I,.vc ocar,aft•lo\ oarluelt' e,.....4 ..f. P kV 71.ert4117 p,,,tif.., 14/ 1 \,,,.; ,,,..,m,- -, . ,kr,x,s1q,.? ...” dp7,41,yr,..„, r..-- , '' 4,r,110.4;' . ' ar c.r.- ,.1 vg-.; tfreom•-•ri,41111-gil.,0,"4,A6-..1,-,.1'.. - .1 cArdvaliv .2407E414... . 4T',,,..,,t3ric,4 . . - 1.1 i V r----1 I" 1 • :;Tf..t1M.fit.,.71i.:-...'_.,..-T,". . .;.E.i47=-FiT-.1.5.`.2.ii,".•• •=1,....i,-2..;Fii-SIFia,,...5-.1.5.a.iz---=7••• :---:' '..i, ut 46 CVRO.PARKING ELEV. StOE ELEV, EAST ELEVATION .4*:A'•WV dais g.N.; wax,6,V.r-o• Cie CIO --- • " ,,..,., a-li . .,Firq Kii..441!,14c40....i'Altditlett'pliv;,t,ri8.1,14.1-t4; -,..14.iiiirliniffrilko:. - oi 1 ILL.! i • -----I'- '1111111111 III lav IN W., _ ' 1 ._ ----- •.,..,..,;,-.: :.1r1 SOUTH ELEVATION 1 _ SITE PLAN ZA02-02I INTEGRATT6 INTERIORS 2.10 .- also. .rg-_,--,,_, ,, LOTa I • • 2 1...,,,A \ isiEas k -V•51 ,1_,V,40 010.11nurk.Witmr. WI j-4:44,144.414 Wii•Apiettio., •.2,•.••••• ••-.....5,,ikdk..... BUILDING 132.1• PAA.n. a tire640-Z!hatM 24414111X11/41:4ritt4)46,iiilgcicifts..., IINC441440,.0., . kelva"krIsUre,..,...44 ELEVATIONS =...,..=•.-.1-' -- • . , SITE-PLAN 411. Blake Architects - • CITY'.OF E05114LAKE „ rig -_-1..,Trit:,,t.--i.5-,,..;, ,, -,i-,:aitig.-7,1 J.5.- -2.-t4,41A.:4,5. i,"'2'•g,;4-iTf .17.',i'i-V-,',..i.7 ,2, APPKOVIED I INIMmiggiolommalormileg wit:pal iwi ItAl i NW CH,Fir Bug%1E A \......,..!......•coefl N I ;a M ,eftwoi.WW1:ionit AI= MUM 41$4 WM e.t. Ws iler-Wil-011 Me alt-231-= .ST ELEVATION •• .••••••..........•••......* . r5 acsas ye'•1.1T a4/11%.121(1. PATE. ceezmeseR Oa,2001 nAlel SHEET 2 OF S DAR so eD Crci eD e-o• N r) SITE PLAN REVIEW SUMMARY Case No.: ZA02-021 Review No.: Four Date of Review: 05/31/02 Project Name: Site Plan—Integrated Interiors, Lot 1, Block 2, Cornerstone Business Park APPLICANT: Integrated Interiors, Inc. ARCHITECT: Blake Architects Skip Blake 2901 Schotts 1202 S. White Chapel Blvd, Suite A Fort Worth, TX 76107 Southlake, TX 76092 Phone: (817) 335-4650 Phone: (817) 488-9397 Fax: Fax: (817) 251-3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/20/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT BEN BRYNER AT(817)481-2086. General Development Standards Applies Comments Corridor Overlay Regulations N Residential Adjacency Y See comment#1 Building Articulation Y See comment#1 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Must comply with Ordinance No. 693-B 1. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.l.c on all facades for any building within 400' of a property zoned or designated residential. (A variance has been requested) 2. Carports can only be permitted with approval of a Special Use Permit. The current Site Plan shows a proposed carport. The applicant has submitted an application for the SUP. The applicant is requesting approval of the Site Plan with exception of the carports. INFORMATIONAL COMMENTS * The common access easement must be dedicated prior to issuance of a building permit. The CAE may be dedicated by separate instrument or by an Amended Plat. The Building Department must have a copy of the CAE to issue a building permit. Case No. Attachment D ZA02-021 Page 1 . * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 80% for the"I-1" Zoning District. The impervious coverage area percentage of this is approximately 60%. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. Attachment D ZA02=021 Page 2 J 'Articulation Evaluation No. 2 # ( ;Case No. ZA 02-021 Date of Evaluation: 05/31/02 ._ . !Elevations for Integrated Interiors f ;Received. 05/20/02 , __ .. ..._ i _ _r....___. hh 1 I 'Front facing: !North ;Wall ht 11 5! ! ;Horizontal articulation !Vertical articulation . _._-- - Required Provided Delta' Okay? Required Provided Delta Okays; Max. wall length___ __.35 _._ 49 __....40a No,__ _._.__.35.__a _._ 49! 40 1 No `Min. artic. offse 2 2' 0 ; Yes! 2 9 350%1 Yes ;Min. artic. length 12 d 24 100% Yes! 12 ; 23 92%; Yes; __. ,_ , 'Rear-facing_ South #wall nt 11.51 i f Horizontal articulation 1Vertical articulation Requireda Provided Delta Okay?1 Required! Provided; Delta Okay?! . �PaM !Max wall length 1 35 1 701 100 1 No 35 r 70! 100 l No .z..-,......,.w.....»..w:-,.w.n..-.«.....,.,er,wg, .. .w. ............<.,...— .<v _ ....,,.«._.,..,.. fi- >»< ....e>.o,.eo w..,.�..... »,....,., ;Min. artic. offset 2 ; 2 0 1 Yes! 2 = 91 350 3 Yes 14 Min artic length 18 20 110( Yes; 18 20f 11%! Yes .._ • • Ri ht facing: !West 'Rail ht. 11.5 ._'.. !Horizontal articulation . `.Vertical articulation 6 Required1 Provided Delta Okay?! Required! Provided` 71 Delta/ Okay?! ;Max wall length 35 ; 581 66 0£ No; 35 - 59 69 G; No !Min artic. offset 2 i 21 0 0; Yes; 2 a 9; 350 0! Yes; !Min. artic. length 15 1 24 60 ; Yes; 15 23 53%' Yes! i Left facing: East wall ht. 11 5 , 1 !Horizontal articulation ;Vertical articulation t ; Required Provided Delta! Okay? Required Provided Delta`.. Okay? !Max wall length 35 ! 49 400 NOi 35 49' 40oj Nod 'Min. artic. offse_ 2 ! 2 0% YesT 2 , 91 350% Yes! Min artic. length 12 ! 331 175o Yes! 12 331 1750 Yes! • • Case No. . Attachment D ZA02-021 Page 3 „a& Blake Architects 4,3RkKai44,VO4.3, 1202 South White Chapel Road • Suite A Southlake, Texas •76092 •817-488-9397 .1-4o n I, 2002 City of Southlake Ref Case Number ZA02-02 1 Integrated Interiors, Inc. Lot 1, Block 2, Cornerstone Park Horizontal and Vertical Articulation Variance This building is located in a Light Industrial Zoning District. The building immediately to the East will not have any requirements due to being outside of Residential adjacency, therefore it could be a basic box.. We feel our Project is a very attractive Building with strong variations in height, sloped and,flat roofs, masonry and glass, shade and shadow variations, ins and outs, etc. Overhead doors are at the rear, and from the street sides this Office/ Warehouse will have a strong one-story Office Building appeal with lots of glass and Masonry. Thank you for review of this Project and if you have any questions please feel free to contact us. Sincerely, Iv Roger (Skip)Blake , • Case No. Attachment E ZA02-021 Page 1 • SurroundingHroperty Owners Integrated Interiors • ,.i cc At4 W - VD / -1 �t 0 1 U2 3 11 * CO Al -(' _ EXCH 1 7 sJ 4 6 5 Owner Zoning Land Use Acreage 1. Southlake Cornerstone 1. 01 1. Office Commercial 1. 1.57 Business Park ' 2. Southlake Cornerstone 2. Il 2. Industrial 2. 1.51 Business Park 3. Southlake Cornerstone 3. I1 3. Industrial 3. 1.51 Business Park 4. M. Hanlon 4. I1 4. Industrial 4. 1.21 5. City of Grapevine 5. 5. 5. 6. Carroll ISD 6. SP1 6. Industrial 6. 36.2 7. Southlake Cornerstone 7. 01 7. Industrial 7. 1.57 Business Park 8. Southlake Cornerstone 8. I1 8. Office Commercial 8. 1.21 Business Park Case No. Attachment F ZA02-021 Page 1 Surrounding Property Owner Responses Integrated Interiors Notices Sent: Four Responses: One (1) was received fromwithin the 200'notification area. •Jack Lovette, Southlake Cornerstone Business Park, L.P., Southlake Tx. is in favor. See Attachment. (Received June 6, 2002) r . Case No. Attachment G ZA02-021 Page 1 Lorcie Fletcher • From: Jack Lovette[jlovette@gencappartners.comj Sent: Thursday;June.06,20.0211:20 AM To: Ifletcher@cityofsouthlake:com Subject: Ref:No..ZA02-021 General Comments Dear Planning and Zoning Commission: Southlake Cornerstone Business Park, L.P. generally favors the proposed building plan submitted in the referenced cas.e. .However., it is our understanding that the applicant is requesting a variance for all four elevations regarding building articulation. We do not object to such a variance for the south and east elevations but question the appropriateness of a variance on the north and west .elevations that have street frontage. We would prefer that, if feasible, the City's articulation requirements be met for these two elevations. Secondly, we would like the Commission to address the design aspects of the north elevation fronting Exchange Blvd. This facade appears to lack general continuity due to the large section to the left of center that is void of windows or a mansard roof. We assume that this .r.epresents warehouse area and we understand the applicant's desire to not have windows in this area. We wbuld like however to have the Commission question whether elements could b.e added here to bring more harmony to this portion of the elevation. We fully understand that modifications would likely add. to, the cost of the structure. Perhaps a trade-off could be made where less emphasis is placed on current design aspects of the rear (south) and east elevations. Thank you for the opportunity' to comment on this case. Sincerely, Jack Lovette RECD J U N 0 6 2002 Case No. S Attachment G ZA 01-090 Page 2 Cityof Southlake - - Department of Planning ( : outhlalKe • STAFF REPORT July 12, 2002 CASE NO: ZA02-050 PROJECT: Integrated Interiors REQUEST: On behalf of Integrated Interiors, Inc., Blake Architects is requesting approval of a specific use permit to install a carport for non-residential property. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owner Map (E) Surrounding Property Owner's Responses (F) Resolution No. 02-043 STAFF CONTACT: Bruce Payne (817) 481-2036 Dennis Killough (817) 481-2073 Case No. ZA02-050 s BACKGROUND INFORMATION OWNER: Integrated Interiors, Inc. APPLICANT: Blake Architects PURPOSE: The purpose of this request is to gain approval for the construction of a carport on non-residential property. PROPERTY.SITUATION: The property located at 2815 Exchange Boulevard. LEGAL DESCRIPTION: Lot 1, Block 2, Cornerstone Business Park LAND USE CATEGORY: Industrial Use CURRENT ZONING: "I-1"Light Industrial District HISTORY: -A Preliminary Plat for Cornerstone Business Park was approved in May of 1997. -The City Council approved a zoning change from "AG" to "I-1" Light Industrial District on January 6, 1998. -A Final Plat was approved by the City on September 4, 1997. P&Z ACTION: June 20, 2002; Approved (7-0) to allow for the additional covered parking spaces as requested, and to stipulate that the masonry,roofing materials,and roof pitch used will match the main building. STAFF COMMENTS: This request is limited to the addition of the Carports as shown on the attached site plan. This property is subject to all other conditions of site approval as specified in City Case No. ZA02-021. Carports for non-residential property are permitted upon approval of a Specific Use Permit under the conditions specified in Ordinance 480, Section 45.11. The following variance is being requested: • Maximum number of spaces: The maximum number of spaces that may be covered by a carport shall not exceed six (6) spaces. The applicant is requesting to have nine (9) covered spaces. If the carport is not visible from a public right-of-way or residential property (as defined by Ord. 480, Section 43, an increase in spaces can be approved. The proposed carport appears to be visible from the public right-of-way of Silicon Drive. N:\Community Development\WP-FILES\MEMO\2002cases\02050.doc Case No. Attachment A ZA02-050 Page 1 r f Vicinity Ma.p Integrated Interiors o _ iirkiller t ��iii p ok sou �— , - Me 8A� :„7.---v WINER .! 1 ll,. s, sides fEss:AR- `- si� l a _ -AA4AIL 1111\ S . :L1. 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' at1m1.. 2 K.4 4&.4va1 4ne. 6 - k . 4A7•, i N%, -nee:Tr r E,,ibrLi K:-.;ro.tto•26.0'r Ir'.NS..,,TeIsT5E pc5 f'eP.R4aL.4..pA4ta.ig6frimt.Ze12Am2.\C90..N=-2H6T.I0E,- ,2R1 O-P,.-5- • • • \1 - /,e(2V1NIN iT4I _1i PLAN 4 'I I 51TE ELAN di aTg4 i.,..i1.R4Wt._,s.1a.i1/41.WYt.F.0.-a..4.A. .-0C1.l-,6,,.Oa,L4..W1ND.111,.4,r4.0.e1,.21I24.12.4V.„,N_r6A1J,;_1,S4 04 i • 5ITe PLAN 1 A. .1Blake ArChltects • - SITE .," ITY'OF SOVINLAKE MEIINI1 • 106111.1.111---L ,,, . !W? OitlE" • pan isal lad n": • eal,AD pat-a-- an Lon MU pa,5R.A :Na coat an VOA=NW raa : n #,./' ....07.0,4o.o....0.o«....s. . .1 41041•047 FK,friPa211,922 - 0101.1111Kra•CICALMOTIOANAI "r 64,141.0,11n freert 200 DA-rde ..pr.-ca"I 9'3. 1 • an.Mas 51433T 1-00'3. • CO CD . 11•11 CM = - . i • 0 t iii[ • *.e.Xt Li rt '.g .v it r :.. Y Nt Li— I ., 1 • Case No. . Attachment C ZA02-050 Page 2 At, Blake Architects 1202 South White Chapel Road • Suite A Southlake, Texas •76092 • 817-488-9397 z9, 2002 City of Southlake Ref Case Number ZA02-021 Integrated Interiors, Inc_ '1 Lot 1, Block 2, Cornerstone Park (Covered Parking) Carport We are requesting an increase from six covered spaces to nine covered spaces. The covered parking structure is screened,from view from Silicon Drive by six large existing Pecan trees and one 36 inch Elm tree. The new building screens the covered parking structure from Exchange Blvd.. The structure is built to harmonize with the materials of the main building. Covered,parking is desired so as to add value to the project and to offer tenants benefits of covered parking. Thank you for review of this Project and if you have any questions please feel free to contact us. Sincerely, Ae' Roger(Skip)Blake ( • Case No. Attachment C ZA02-050 Page 3 • r :surrounding Property Owners Integrated Interiors �>s CI 1 s 0 et 0 i 1 2 3 � ir) t EXCH 7 8] 4 g 5 Owner Zoning Land Use Acreage 1. Southlake Cornerstone 1. 01 1. Office Commercial 1. 1.57 Business Park 2. Southlake Cornerstone 2. II 2. Industrial 2. 1.51 Business Park 3. Southlake Cornerstone 3. 11 3. Industrial 3. 1.51 Business Park 4. M. Hanlon 4. I1 4. Industrial 4. 1.21 5. City of Grapevine 5. 5. 5. 6. Carroll ISD 6. SP1 6. Industrial 6. 36.2 7. Southlake Cornerstone 7. 01 7. Industrial 7. 1.57 Business Park 8. Southlake Cornerstone 8. Il 8. Office Commercial 8. 1.21 Business Park ( `1 Case No. Attachment D ZA02-050 Page 1 Surrounding Property Owner Responses Integrated Interiors Notices Sent: Four Responses: None • Case No. Attachment E ZA02-050 Page 1 RESOLUTION NO. 02-m A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR CARPORTS FOR NON-RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 2, CORNERSTONE BUSINESS PARK, BEING APPROXIMATELY 1.21 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for carports for non-residential property has been requested by a person or corporation having a proprietary interest in the property zoned as "I-1" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (41) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for carports for non-residential property on the property being legally described as Lot 1, Block 2, Cornerstone Business Park, being approximately 1.21 acres, more fully and completely described in Exhibit "A", and as depicted on the approved Site • Case No. Attachment F ZA02-050 Page 1 • Plan attached hereto and incorporated herein as Exhibit `SB" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF 2002. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: , Kim Bush Acting City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas • Case No. Attachment F ZA02-050 Page 2 EXHIBIT "A" Being legally described as Lot 1, Block 2, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4010, Plat Records, Tarrant County, Texas, and being approximately 1.21 acres. Case No. Attachment F ZA02-050 Page 3 4 1 aw Yo1.IY AlYAtMe CU IOC7L"50 a;aowd2ad •taiva +' • tri.Ow.ntrae.v ww+.� b0 CD CZ .ar-ta-ce v/ma.-film si.nrreto a+,»mruraavcn• j�P' mf am 2tmYn '.P.rw o+ONO.rYG+r THOM. L� al I us tan mrc]s•ract —.r�JaMY. / J, ip-1.1 M Imd OO�J' CI AWN / '/ 14 I 640e1143JY a�818 7' a'""'N"i�r-In1.1 wile`u� /",� { l ' NVTc 211E p. 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I'I.t..vit '1 11 . j 1 a .zp' -h i,T,( {IIi, c ._ giomla c-•oaa.l.l n st _ +w c.•aati�an...: *+. it 1 .J:: y1r-cc"{.am_r'y / fir' /4$/ Y:7/1 i/ //';�.1 t. dKM M+Imxlta4rlf Git �^ jG!r..0 e)iTl' 7i.,0 - -., xr. r �3i1 lS 5.1 d,['Y/' d' • '. _••• ' ..I1kW1W71 4•1,1 tN trotte7 LYr CrwnClel - 2 /1 xmi NVWMSM W CLAM Z Rr Y•-T6X — mR ..._......,..._,...... . i _ /1fOT/.�1 O\1 aSIHii7X7S PL ........_y.....i 6 . v_.......^,.,, r,. rmy�n'>,ar awlwY.l a�.a.lr..w.o YA. 0,1'9414.W qy:y N j Go o arr T`•„hewf - ••,.Li_p..,_• h Ie i i b ._.-. ... ._ -wet n_1r f �,,pp N '+• .r�,�, .LWO,la tY N'•+11fl 31K -�:ve{ AD uv` Kwz':S.. l.Y.b U N EXHIBIT "C" This page reserved for the approved City Council motion. • Case No. Attachment F ZA02-050 Page 5 _ City of Southlake w outhlok2 Department of Planning STAFF REPORT July 12, 2002 CASE NO: ZA02-034 PROJECT: Sonic Drive-In REQUEST: On behalf of Southlake Ventures,Encore Realty Company is requesting approval of rezoning and site plan request. ACTION NEEDED: 1. Conduct public hearing 2. Consider second reading for rezoning and site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-399 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA02-034 BACKGROUND INFORMATION i OWNER: Southlake Ventures APPLICANT: Encore Realty Company, LC PURPOSE: The purpose of this request is to place "Local Retail Commercial" district uses and regulations on the property for development of a drive-in restaurant and to fulfill the site plan approval requirements of the "Corridor Overlay Regulations" in order to receive a building permit for construction. PROPERTY SITUATION: The property is located at 2550 East Southlake Boulevard, which is on the north side of East Southlake Boulevard, approximately 1000' east of Kimball Avenue. To the north and east of this site is the Gateway Plaza, Phase II development. Bank of the West is located to the west. HISTORY: A previous application was made for the same request. The submittal was denied by the Planning & Zoning Commission on May 3, 2001. The case was withdrawn prior to reaching a City Council hearing. • LEGAL DESCRIPTION: Tract 1B1, W.E. Mayfield Subdivision and being .9451 acre. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "AG"Agricultural REQUESTED ZONING: "S-P-1" Detailed Site Plan district with "C-2" Local Retail Commercial District uses limited to fast food restaurants. TRANSPORTATION ASSESSMENT Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right-of-way. Adequate right-of-way currently exists. Existing Area Road Network and Conditions East Southlake Boulevard(FM 1709) is a five lane, undivided thoroughfare with a continuous, two-way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway (See Table #1). may, 2001 traffic counts on F M. 1709 (between S H 114`& Kunball Avenue)':Table#1, 24hr West Bound (WB).(22,828) East Bound (EB) (22,459) WB Peak A.M. (1,356) 11 - 1 2 Peak P.M. (2,104) 5 - 6 p.m. Case No. Attachment A ZA02-034 Page 1 a.m. EB Peak A.M. (2,077) 7 - 8 a.m. Peak P.M. (1,462) 12 - 1 p.m. Proposed Circulation This plan does not propose any new driveway cuts onto East Southlake Boulevard (FM 1709). This site will share an existing drive with the property directly to the west(Bank of the West). The applicant is proposing to remove the existing median associated with this drive to improve access to the sites. This site will also have access to the Lowe's parking lot to the west via a 24' common access easement that runs parallel to Southlake Boulevard. A driver can access either Southlake Boulevard or Kimball Avenue from the Lowe's parking lot. Traffic Impact The normal hours of the proposed Sonic Restaurant are from 10 a.m. to 11p.m. Monday through Thursday and from 10 a.m. to 12 a.m. Friday and Saturday. The peak traffic hours of the Sonic restaurant are between 12 p.m. and 1 p.m. and 6 p.m.and 7 p.m. It is projected that during this peak time, the restaurant will generate approximately 80 vehicles for both peak periods. The restaurant is projected to generate an additional 460 vehicle trips per day. The Bank of the West generates approximately 800 vehicle trips per day. The peak traffic time for the bank and restaurant coincide during the early afternoon (See Table #2). Traffic Comparisons for Sonic and Bank of the West-Table#2 Sonic , „ MBank of the,',West. Total VTPD 460 795 Peak Time VT 80 150 Peak Times 12pm -1 pm and 6pm-7pm 12:00 p.m. - 1 :00pm TRAIL PLAN: The proposed Southlake Pathways Master Plan indicates a"Program Paved Multi-use Trail" 8 ft. along the frontage of this site. The Community Services Department has indicated that the curve in the trail as shown on the site plan is too severe. Prior to construction the geometry and slope of the pedestrian trail should be verified with engineering and the parks department and must conform to ADA standards. WATER& SEWER: The site will be served by a 12" water line and a 6" sewer line along East Southlake Boulevard. DRAINAGE: Drainage on this site will be split between FM 1709 and north through �' y• the Costco site. Half of the site will sheet flow to FM 1709 and the Case No. Attachment A ZA02-034 Page 2 ESTIMATED IMPACT FEES*: Table#3 Water $7,962.40 (assumes a 2" meter and 1"irrigation) Wastewater $3,780.48 (assumes a 2" meter) Roadway $1,531.66 *Final Impact Fees are determined by the Building Services Department at the time of building permit issuance.The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: May 9, 2002; Approved(4-2) subject to Site Plan Review Summary No. 2, dated May 3, 2002. COUNCIL ACTION: May 21, 2002; Approved first reading (6-1) subject to Site Plan Review • Summary No. 2, dated May 3, 2002. June 4, 2002; Approved to Table until June 18, 2002. June 18, 2002; Approved to Table until July 16, 2002 STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated July 12, 2002. The attached site plan reflects the following changes from the plan presented at the last council meeting: 1) Addition of a "Right-in/Right-out/Left-in" driveway on the east portion of the property; 2) Reconfiguration of the existing common access driveway width on the west to provide more stacking depth within the Sonic property; 3) Addition of stop signs at the western exit of the Sonic prior to entering the Bank of the West property. The applicant is requesting approval of the development regulations as listed in the Site Plan Review Summary and will also need a variance to be granted to allow the"Right-in/Right-out/Left-in" driveway on the east portion of the property. The adjacent property owner to the west (Bank of the West) and to the southeast (Park Monticello, Ltd.- Richard Myers, George Town Park) has submitted a formal letter of opposition. Based on the City's calculations the opposition is approximately 25% of the surrounding 200' area. This will require a Super Majority Vote (6 of 7 council members) to approve this item. N:\Community Development\WP-FILES\MEMO\2002cases\02-034ZSP.doc Case No. Attachment A ZA02-034 Page 3 • Vicinity Map Sonic - W.E. 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QiVie 3(4`e9..lilOS ncc�, .0w, ', s, a W . .. 1 ?; Nr?nrle DI��es 1 ,41Aii. . .fail^ -1 i I. ii t • !urionvriT P4iP,7 F lhl E' 51,;; ti? 1 r l _L0. 1 '1':. . Fy' 1 i� fib{. ..__..___ 1 ,a7. E�-! i - ,f{ I z f i • o x r iP I fill / __JI_ f.' �p}.IIc IF::I Ril rI:l =I a }:I l • •ii:[..;.;;;.,.:::: L j• - €;!I____................. it. 1 > Le, < ,..r..11 , a J In, _I 11,11 > 3•.,:, _, _ ,,,..... .,r,„1,57.47.,„,„,„. .1..,..i.i �3 rO'_ '1 :rr ., w ii, l-� l! L i �,. al 'II Case No. Attachment C ZA02-034 Page 3 • ENCORE RETAIL DEVELOPMENT COMPANY LP 1705 'EVES T NORT- WF SfI HIGHWAY. 4Y SUITE 260 GRAPEVINE,.TEXAS 76051 TEL 817-329-7343 FAX 81.7-48.1-1544 March S,2002 Mr. Dennis 1Killough and Mr.Ben•13yner City of Southlake Planning an:d-ZoningDepartment .1721 E. Southlake Blvd. Suite 100 South:lake,Texas 7609:2 Re:, SP-1 Zoning Request(C-2.use ), Lot 1R2, Block I, V.E.Mayfield Addition,City of Southlake, Tarrant County,Texas(2550:Southlak.c Blvd., Southlake,Texas) Mr.Killough and Mr. Byner: 'This letter is a request for SP-1.Zoning(C-2 uses)on the above:referenced.project. The permitted uses are • limited to:fast food restaurants appropriate in a C-2 District. { Development Regulations: Lot 1.R2 will be subject to the C-2 Regulations,the Corridor Overlay Regulations, the'Residential Adjacency ReRegulations and other applicable ordinances except for the following: 1. Floor Area—The minimum size for a'separate building or structure in this district shall be • 1250 square feet. 2. The canopies assciciated with the restaurant use will have pitched roofs that will:be..integrated into the overall building structure. The canopies and other roof structures will be surfaced with barrel tle identical in color to adjacent developments. 3. The.front and rear columns of'the canopies will'be:covered with the same masonry material as the.builcling. All interior'colt:mins will be textured and painted to match the stuccoportion of the building facade. 4. Location,size and height of canopy as shown on site plan, Sincerely, _..._y if Dennis H.Clark President 7 • Case No. • Attachment C ZA02-034 Page 4 Appendix Item#2 Pitched Roof • Buildings smaller than 6000 square feet in floor space are required to have a pitched.roof. The intent of our design is to meet the appearance of a pitched roof by pitching the canopy roofs so that they connect directly to the parapet Wall of the building.structure:. The area enclosed by the parapet wall,will be sufficient to fully conceal the.roof top-equipment. We have also added three:building projections:from the front.and sides of the building which have pitched roofs and which continue the appearance of a pitched roof stricture covering the entire structure. • l.: Small restaurant buildings with their concentration of roof top equipment makes it impossible to have a:pitcheci roof over the entire structure and still have the roof top equipment concealed from view. A fully pitched roof would not provide any screening of roof top equipment. 2. The building is 22' 10"wide. The building is.not wide enough to create a pitched roof along the perimeter walls and still provide a lower flat roof surface to house the rooftop mechanical units. :a. The canopies are an integral part of the appearance and function of the building. "I'lie intent of the proposed design of thecanopies is to enhance the building appearance while meeting the pitched roof requirements.of the code. Item#3--Coluthns'Supporting Canopy The building will not.be supported by nor express any columns: however,the canopy over the parking spaces will htiesupportecf by tube steel columns spaced at 11'0"and.located at the side of each parking space. The proposed design.will wrap the columns at the front and rear of each canopy and the.front columns on the patio with masonry matching the stone veneer elements'of the building, This.is shown on the building elevations". The remaining columns will be textured and painted so as to match the stucco portion of the facade. 1. As seen from Southlake Blvd.,'Hwy 114 and adjacent properties,the columns will appear to be wrapped:in masonry material matching the building façade. This will create a uniform appearance inkeeping With the building'f'acade. 2. If all of the Mamas Were Wrapped in stonethe image created would.appear too massive creating a ibrest of large trtasonry columns. The:intermediate columns:being coated and Colored to match the Wilding would be much less obtrusive. Case No. Attachment C ZA02-034 Page 5 SITE PLAN REVIEW SUMMARY Case No.: ZA02-034 Review No.: Three Date of Review: 07/12/02 Project Name: Site Plan—Sonic, W.E. Mayfield Addition APPLICANT: ARCHITECT: Encore Retail Development Company, LC Bury+Partners—DFW, Inc. 1705 W.Northwest Highway, Suite 260 5310 Harvest Hill Road, Suite 100 Grapevine, TX 76051 Dallas, TX 75230 Phone: 817-329-7343 Phone: 972-991-0011 Fax: 817-481-1544 Attn: Dennis Clark Fax: 972-991-0278 Attn: Juan Vasquez CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/08/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT BEN BRYNER AT(817)481-2086. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies • Residential Adjacency N Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 5 • Lighting , Y Must meet requirements in Lighting Ordinance No.693-B 1. The applicant request approval of the following S-P-1 Zoning District Regulations and differ from City Ordinance requirements as noted: a. The applicant is requesting that the minimum size for a separate building or structure in the district be 1,250 square feet. (The C-2 districts have a minimum size 2,000 square foot requirement for separate buildings). b. The drive-in canopies will have pitched roofs, in place of the building having a pitched roof. (Corridor overlay regulations requires that all buildings smaller than 6, 000 square feet shall have a pitched roof.) Case No. Attachment D ZA 02-034 • Page 1 c. The front and rear columns of the canopies will be covered in the same masonry material as the building. All interior columns of the canopies will be painted to match the stucco portion of the building façade. (Corridor overlay regulations require that all exposed struc traal support columns be constructed of, or clad in the same masonry material as the principal structure.) d. The drive-in canopies locations, sizes and heights approved as shown on the Site Plan (A portion of the Canopy encroaches into the 15' side yard). 2. A minimum distance of 500' is required between driveway centerlines along Southlake Boulevard. A minimum distance of 250' is required between a "Right-in/Right-out" driveway and any other driveway. A"Right-in/Right-out/Left-in" driveway is proposed on the east portion of the property. A full access common driveway exists 179' to the west and a full access driveway is approved 315' to the east. Informational Comments: * Prior to construction the geometry and slope of the pedestrian trail should be verified with engineering and the parks department and must conform to ADA standards. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and 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, Impact Fees, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * The applicant must adhere to all regulations of the Lighting Ordinance. • Case No. • Attachment-D ZA 02-034 Page 2 Surrounding Property Owners `, _f Sonic- W.E. Mayfield Subdivision ......___A - -,-_______ ..... IIII 7 r II • 0 -f/ Owner Zoning Land Use Acreage 1. , Bank of the West 1. C2 1. Retail Commercial 1. 0.89 2. Lowe's 2. C3 2. Mixed Use 2. 3.60 3. Costco 3. SP-2 3. Mixed Use 3. 16.3 4. Wydham Properties 4. SP-2 4. Mixed Use 4. 1.25 5. Wydham Properties 5. SP-2 5. Mixed Use 5. 2.21 6. Park Monticello 6. C2 6. Retail Commercial , 6. 2.52 7. International MBC 7. C2 7. Retail Commercial 7. 0.89 8. Sterling Properties 8. C2 8. Retail Commercial 8. 1.73 9. Southlake Ventures 9. C2 9. Retail Commercial . 9. 0.89 10. Southlake Ventures 10. AG 10. Mixed Use 10. 0.93. L Case No. Attachment E ZA02-034 Page 1 Surrounding Property Owner Responses Sonic — W.E. Mayfield Subdivision NOTICES SENT: Eight(8) RESPONSES: Two (2) within the 200' notification area: • Randall H. McCauley, President, Bank of the West, 2438 E. Southlake Blvd., Southlake, TX is opposed. See Letters 1 and 2. (Received May 9, 2002 and May 29, 2002) • Richard A. Myers, Realty Capital Corporation, Southlake, Tx. is opposed. See Attachment. (Received June 4, 2002) Thirty four(34) outside the 200' notification area: • Craig Coup, Southlake, TX, "I'm a local resident who does all of my retail shopping and dining in Southlake. (Now that it's grown!). The area around 114/Kimball/Southlake Blvd is within 2 miles of my home and I would love to see the continued development. In particular, now that we have almost all retailers in the area is the continued success of restaurant, fast food, drive-thrus etc. There is an empty track of land just south of the Costco that has been empty while all other areas are growing. Hopefully, the city can move forward, particularly in that spot". (Received via email May 7, 2002) • Thirty three (33) copies of emails stating support were distributed to Council members. Case No. Attachment F ZA02-034 Page 1 JUN-.04-2002 TUE 04:58 PM REALTY CAPITAL CORP. FAX NO. 817 424 244ff P. 01 Realty Capital Corporation. Richard A.Myers Presidem June 4,2002 TO: Mr. Bruce Payne,Director of Planning URGENT City.of Southiake From: Richard Myers RE: :Case#ZA02-034 Fax: 817-481-2097. I respectfully submit this letter of protest regarding the proposed Sonic Drive-In Restaurant on Southlakc Boulevard. On behalf of Park Monticello, Ltd. (the developer and part-owner of Georgetown Park),we do not want to have a Sonic Drive-In facing our professional office park. We prefer to have sit-down restaurants, which tend to be of higher quality construction and image. That seems more appropriate for this section of Southiake Boulevard. Thank you for your consideration of this protest. Sincerely, >� S 41 � Richard A.Myers President of the General Partner REC'D JUN 4 2002 Case No. Attachment F ZA02-034 Page 2 t Letter 1 MAY-09-2002 15:54 BANK OF THE ZEST 017 448 0634 P.02/02 • • • BANK°f heST Randall H.McCauley President May 9,2002 Planning and Zoning Commission City of.Southlake Via Fax Transmission Dear Members: I am writing to request consideration of traffic flow abatement in the access easement connecting Bank of the West with the.proposed Sonic restaurant site to the east of the bank's property. I am not in.opposition to the project itself. As I understand it,the proposed access to the property is from the existing driveway on the southeastern corner of the bank's property: I also understand that alterations to the existing medianand curbing would be necessary to allow acceptable access. The hank is pleased to consider these alterations upon receipt of the final proposed plans and specifications approved by the Planning and-Zoning Commission. • I do have concerns about unabated traffic flow from the subject site westward across the bank's property into the Lowe's.parking lot; Due to the configuration of the bank's. motor bank facility,there is a significant risk of accidents occurring in the area where the motor bank traffic will merge with increased traffic flow to the west. This is a perpendicular intersection of traffic with extremely difficult visibility when cars are parked in front of the bank in designated parking spaces. I would request the inclusion of appropriate safety measures including speed bumps and stop signs to slow the flow of traffic across the bank's property to help protect-the customers of both businesses. Thank you for'your consideration. • Sincerely, ECD MY 0 9 2002 "4 Pi/4 'andall H.McCauley President-Southlake 2438 F.Sou/Make.Boutevard • Southlake,Texas 76092 • 817/442-R088 • Fax 817/488=0634. TOTAL P.02 . Case No. Attachment F ZA02-034 Page 3 Letter 2 BANK°.4he.WEST Randall H.-McCauley Precithla May 29,2002 Honorable Mayor and Council"Members City of Southiake 1.400 Main Street,Suite 310 Southlake,'Texas 76092 Via Hand Delivery Ilonorable Mayor and Council Members: Please consider this correspondence as official opposition to the zoning change from agricultural district"AG'to"S-P-I"I)etailecl Site Plan District Regulations With"C-2" Local Retail Commercial District uses for the Sonic Restaurant site at 255:0 East Southlake Boulevard. Bank of the West's opposition as adjacent property'owner is based can the significant increase in traffic due to the proposed use and the proposed ingresslegress the site as it • affects our property. We believe the unabated flow of traffic.from such a high,intensity use poses a danger to our customers. 'We would be more inclined to support a use with less intensive traffic patterns affecting our property. Thank you for your consideration in this matter. Sincerely, ,/,";dieer0/ 0 Randall H.McCauley President-Southlake RECD MAY 2 9 2002 - , 2 3 F.Southlake Boulevard Southlake,Texas 76092 • 8;7/442 808$ Fax S 17/488 63 4 \,, s • • Case No. Attachment F ZA02-034 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-399 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 LEGALLY DESCRIBED AS TRACT 1B1, W.E. MAYFIELD SUBDIVISION AND BEING.9451 ACRE,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"AGRICULTURAL TO "S-P-1"DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES LIMITED TO FAST FOOD RESTAURANTS, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and Case No. Attachment G ZA02-034 Page 1 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 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, Case No. Attachment G ZA02-034 Page 2 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 Case No. Attachment G ZA02-034 Page 3 amended as"shown and described below: Being Tract 1B1, W.E. Mayfield Subdivision, an addition to the City of Southlake, according to the plat recorded in Volume 388-C,Page 4,Plat Records,Tarrant County, Texas and being .9451 acre., and more fully and completely described in Exhibit "A" from"AG"Agricultural to"S-P-1"Detailed Site Plan District with"C-2"Local Retail Commercial District uses limited to fast food restaurants as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby,but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety,morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, { sewerage,_drainage and surface water, parks and other commercial needs and development of the Case No. Attachment G ZA02-034 Page 4 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 Case No. Attachment G ZA02-034 Page 5 violations and all pending litigation,both civil and criminal,whether pending in court or not,utder 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. � l 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 , 2002. MAYOR ATTEST: ACTING CITY SECRETARY • Case No. Attachment G ZA02-034 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • Case No. Attachment G ZA02-034 Page 7 • EXHIBIT "A" Tract 1B1, W.E. Mayfield Subdivision, an addition to the City of Southlake, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas and being .9451 acre. Case No. Attachment G ZA02-034 Page 8 7-----• I . , , ... _ - N n . c::::, c•D r— ----7 . . , t4 1 1-. i....,-2 ,,. .. , . : ...,.. ..,---;....,.,".,,, c C"!,-•,,?..4 p ,-,,,,,, , ....,, , j":: • . .---e........_ s-....:::= 1 SI 1 1 i -- i O.,g.11._.',Tr..L.,,.,4,1,•4,1:.;41.,:,'• --...„,,---___ 1. .. 2,:. .&5 40 +1.11.4-44v,:, •/2- - / I.-- . ,... 1-..,.! .7.,''.. / /-`4"••.Ik=-,r• 1 ,-.....;;.Kr.',.. trI:" RAM...44 0451. . ' ..11. , t /' -2.. \,/ . , 1 ,..,;:..n-mr,-, •,)./.1 ,....,..1, VICINITY MAP / .,,,......V‘..,..,, , t , .. • i‘,:, -‘,,'y7 i \-FS' k ,'.....:S • ';,, i,. 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I,•'• ,.....,;1. ,..,••,1.4.0 L.,. li 12 R 17 ':.11..ZIZZ%r..11:...V.[... ..e...Z.s.i.tr W .. , . ---,-.-PROJECT INFORMATION I 1 ` ';f:.,:sT': r _,...,..,l 1........1.4 . ,,,...., ...... ......:--. ........,.... --.-- 7-- ---'. ".• -'-i---1-2...74-7--,.-,.., UN SI TE VENEFIMARH5:, 7'• V ...:... i . 7-71:::-.....j_,;,.... "7:i7.,-Firr,:•,..i 4Z.41 ZA.I V, ,,..., !,.. L-'"""*... -*---' -Eiz: :-÷,- " ,,,.,.....,,,,...,.<0,,,...,...,...,.. .,,,,.... ,::.-1 ° P. • a . "•-• :,-,T.:tro.:::."::;"=,..• 'f:,r f 2 ........„,............. _,,.,„_. —- .,..,,,, . ,:."..,,..,7" -,............... a.,,.........._. - - .._.,..... ".. ';::::::',4";.:',".' . ,-.. ............ _L__ CITY CASE NUMBER ZA 02-034 C 4 tz n RFCTI-71.3I---g--2002— _ . , • 1.0 Eg A, eD CA1 = L:;. 0 • ENCO"F E RETA1.L DEVELOPMENT COMPANY tP' 1705 WEST NORTHWES'I HIGHWAY SUITE 260. GRAPEVINE, TEXAS 76051 TEL 817-329-7343 FAX 817-481-1544 March 8,2002 Mr. Dennis Killough and Mr.Ben Byner City olSouthlake .Planning and Zoning Department 1721 F. Southlak.e Blvd. Sdite 100 Southlake,Texas'76092 Re: SP-I Zoning Request(C-2.uses). Lot I R2, Block I,W.E. Mayfield Addition",City of Southlake, Tarrant County,Texas(2550 Southlake Blvd.,.Southlake,Texas) Mr.Killough and Mr. Byner: • . This letter is a request for SF-1 Zoning(C-2 uses)on the above referenced project. The permitted uses are limited to fast food restaurants appropriate in a C-2 District. DevelopmentRegulations: Z.ot 1R2 will be subject to the C-2 Regulations, the Corridor Overlay Regulations,the Residential Adjacency Regulations and other applicable ordinances except for the following: 1. Floor Area—The minimum size for a separate building or structure in this district shall be • 1250 square:feel. 2. The canopies associated with the•restaurant use will have pitched roofs that will be integrated into the overall building structure. The canopies and other roof structures will be'surfaced with.barrel tile identical in color to adjacent developments. 3. ` The froutand rear columns.of the canopies will be:covered with the same masonry material as the building. All interior columns will be textured andpainted to match the stucco portion of the building facade. 4. Location,size and height of canopy as shown on site plan. Sincerely, Dennis.H.Clark President Case No. • Attachment G ZA02-034 Page 10 • • ( Appendix Item 1:2 Pitched Roof • Buildings smaller than 6000 square feet in:floor space are required to have a pitched roof. The intent of our design is to meet the appearance of a pitched roof by pitching.the canopy roofs so that they connect directly to the parapet wall Of the building structure. The area•enclosed by the parapet wall will be sufficient to fiilly conceal the roof top-equipmetit. We have also added three building projections from the front and sides,of the building Which l.iave pitched roofs and which continue the appearance of a pitched roof structure covering the entire structure. 1. Small restaurant buildings with-their concentration of roof top equipment makes it impossible to have a pitched roof over the entire structure-and still have the roof top equipment concealed.from view. A fullypitched.roof would not provide any screening of roof top equipment. 2. The building: is 22' 10"wide. The building is not wide enough to create a pitched roof along the perimeter walls and still provide a lower.flat roof surface to house the rooftop mechanical units. 3. The canopies are an integral part of:the appearance and function of the building. The intent of the proposed design of the canopies is to enhance the building appearance while meeting the pitched roof requirements of the code. Item Y3- Columns Supporting Canopy The building will not,be supported by nor express any columns: however,the canopy over the parking spaces Will be supported by tube steel columns spaced at 11'0"and:located at the side of each parking space. The proposed design will wrap the columns at the•front and rear of each canopy and the front colutims on the patio with masonry:matching.the stone veneer elements•of the building. This shown on the building elevations. The.remaining.columns will be textured and painted so as to match the stucco portion of the facade. 1. As seen from.SouthlakeBlvd.,Hwy 114 and adjacent properties;the columns will appear to be wrapped in masonry materiaLmatching'the building facade. This will create a uniform appearance in keeping with the building facade. .2. II of the columns were:Wrapped in stone'the image created would massive creating a forest.of large masonry columns. The"intermediate.colutnnsbeing coated and • colored to match.the building would be muchless obtrusive. Case No. Attachment G ZA02-034 Page 11 EXHIBIT"C" This page reserved for the approved City Council motion. Case No. Attachment G ZA02-034 Page 12 , _ City of Southlake I 6 ....-_ . ouch Ioke Department of Planning ' STAFF REPORT July 12, 2002 CASE NO: ZA02-038 PROJECT: Buchanan Addition REQUEST: Greenway Investment Company is requesting approval of a zoning change and site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change and site plan , ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer's Comments (F) Surrounding Property Owner Map C: (G) Surrounding Property Owner's Responses (H) Ordinance No. 480-400 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Bruce Payne (817) 481-2036 Dennis Killough (817) 481-2073 Case No. ZA02-038 BACKGROUND INFORMATION OWNER: Greenway— 1709/Eleven Partners, I &II, L.P. APPLICANT: Greenway Investment Company PURPOSE: The purpose of this proposal is to get a change of zoning and a site plan approved to construct two retail buildings and a restaurant. PROPERTY SITUATION: The property is located at 2171 E. Southlake Boulevard (FM1709). The Dallas Foam building currently exists on the property. LEGAL DESCRIPTION: Lot 3, J. A. Freeman No. 529 Addition and Tract 1B2 of the J.A. Freeman Survey, Abstract No. 529 LAND USE CATEGORY: Office Commercial CURRENT ZONING: `B-1"Business Park District REQUESTED ZONING: "S-P-1" Detailed Site Plan District Regulations with "C-2" Local Retail Commercial District and limited"C-3" General Commercial District uses. HISTORY: -Zoning on the property was placed by the City with approval of Zoning Ordinance No. 480 in September of 1989. -A Plat Showing was approved by the City on November 12, 2001 for Lot 3, J.A. Freeman No. 529 Addition. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right-of-way. Adequate right-of-way exists for this road. Existing Area Road Network and Conditions The proposed site will have two(2)accesses directly onto E. Southlake Blvd (FM 1709). The west drive will be a right-in/right-out drive. The east drive will be a full access drive. Common access easements have been provided to extend into all surrounding properties. E. Southlake Boulevard is a five lane, undivided thoroughfare with a continuous, two-way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway. , • Case No. Attachment A ZA02-038 Page 1 May, 2001 traffic counts on F.M. 1709 (between Carroll Avenue and ( Kimball Avenue): Table#1 24hr West Bound (WB) (22,928) East Bound(EB) (22,459) WB Peak A.M. (1,297) 11 — 12 a.m. Peak P.M. (2,117) 5—6 p.m. _ EB Peak A.M. (2,076) 8—9 a.m. Peak P.M. (1,436) 12— 1 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- AM- PM- PM- IN OUT IN OUT Retail 15,000 610 46 50 42 32 Restaurant 6,375 573 29 6 36 22 Total 21,375 1,183 75 56 78 54 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Southlake Boulevard Southlake Boulevard near Kimball Avenue carries approximately 45,400 vehicles. The site will generate approximately 131 vehicular trips during the A.M. rush and approximately 132 vehicular trips during the P.M. rush. WATER& SEWER: A 12" water line exists along the south side of E. Southlake Blvd. A 10" sanitary sewer line exists just to the west of the property on the south side of E. Southlake Blvd. ESTIMATED IMPACT FEES: Water $23,885.21 (assumes 3 —2" and 1" simple meters) Wastewater $11,341.44 (assumes 3 —2" and 1" simple meters) Roadway $18,367.64 (assumes retail and restaurant use) *Final impact fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: June 6, 2002; Approved (6-0) subject to Site Plan Review Summary No. 3, dated May 31, 2002, deleting variance requests for impervious coverage; continuing lighting discussion with adjacent residents; and acknowledging the applicant's desire to relinquish rights of access through the property to the west. CITY COUNCIL ACTION: June.18, 2002; Approved first reading (6-0) subject to Site Plan Review Summary No. 4, dated June 14, 2002, and further subject to a 20' type RA25 as shown on page 2 of ERA International Design Luminaire (or something equivalent), granting 5' variance on driveway spacing, and further limited to the following changes discussed: accepting applicant's agreement to revoke access to Gateway Church, comply with 70% maximum impervious coverage, add decorative appliqués to steel doors and plant ivy on east wall. Case No. Attachment A ZA02-038 Page 2 STAFF COMMENTS: The applicant proposes limited "C-2" and "C-3" district uses as shown in Attachment E,Page 1 and"C-2"zoning district regulations for development. ( Attached is Site Plan Review Summary No. 4, dated June 14, 2002. A variance is requested for the following: • Driveway spacing: The right-in/right-out drive is required to be 250' from centerline of the drive to the centerline of the proposed Gateway Church drive. The plan shows a distance of 245'. • Case No. Attachment A ZA02-038 Page 3 Vicinity Map Buchanan Addition R• ¢ ti� F 9- Res I .. ORTHWE A S '�-I 5T'PKWY EA5t� oL _ 0,RRAR 111111111111'1"' _sue Eliiiiks- J.:_r i �! ApattloN � 1109 "1T® N+si fi0UT711/KE 9W0NE Ili ... ... iirTicei GORP RoN F017,,,Ry, mitt 7 . / pi ulruituoll r .a rk - MIME __ ,/ oila___Agollinf --1')011111 ,\:, 0 •'1111°)C1, ewER ''''' Iliii: T . 2 i ill n l I Zc--- ' ' 4000 0 1000 2000 3000 Feet �/— W E S W Case No. Attachment B ZA02-038 Page 1 • N (-) 1 oco O $I DATA3V7WADY to w Q :ay.......wn r.v....am 1 iotaaan.l Lot,.ax'tsn..a nr:.v. _ "..'•.. rtmev.rusl a +.LM.nt 1 4^ r aar*r TAW, rr..r....o .. i 0.04 ira^•• —...I ....e.rq.f aMiar�R .tum.ay 1M/I 1 . . arul i g .1 E.SOVfHT.AKE BOULEVARD ! �f— jVY Int W woF.n. 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IN)o et, • ...,,,,-7,------ - ,..,71%1x- 7.5". - ""'''22."21:7.f.z.".- 1 '"""'"''''' : i 1:-.',4 .4.2. • , -iv- [4q o' Z 0 04 .....,,‘,,,,,.,,,...„ 0 0 . / LI CI i --....re. 1 U I 0 i• ! L..- •I 1- L--...4.::: 1 f- ---t;tv.'"‘;1 0-igi,:'•=-- k — ,.. . ., `1‘ A a 1:4 A ii' . .• 4 PT I 1 r ..,., ; _ . 1[I • 3 1;42 . . ;+'Sg- A;,11,f.- -, ..-4,. 4._ - 4 .,.. , :.„ a g P SOUTH ELEVATION NORTH ELEVATION III 1 I • I Z 1, 0 ...::-.--.74 , ......---- -....., '-1772 -7f.E.•=1. L. Li ..-----. l .... ki Q. 1., , S" ,,-:----='----. ir. 1 te g ''-' p, : 4....*A(0-- ,1.4 .'..,'-?11'k "1-*"" • .11 r• ' 1 I I i ..,... ......... .......rj ..............__............,.............., ---d , 1 1 f ...... WEST ELEVATION —:-.-- . 1 .','.'''''•,.., -rAtIraV ,,------------4 -- -----, •errf - __-__-LL- =-.L--- ...t. 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[J W Q . fr-r7"--11\ o 2. ee``� I ._ 1... a; ` rx q , _ i�i{ �t�rt�lu r � r ... 1 w 3 a �-r ---�. 1 J It _ r...�. ,ge.y it t... ' Z ............. _-_ ...__...._ -- NORTH ELEVATION t i.. I -- =_.,.._—j711:EJiIUIi�L; IItiL tStlF tr Etflfi;i s,_i; r i4.i+i—'-='.t1 - - .... 11 _._ `I ELEVATIONS-BLDG.'c �-' •.:.• _ .,.. .,. BU(11kNAN'ADDITIUN ti._—....._.......__.___._..._ bk.FREEMAN N0.$24.tibDIT1UN SOU'II1LAU TEXAS(TAKRANI COUNTY) UM NU. EAST ELEVATION SPO5 CASE NO. ZA02-038 et _. b 9 eD N f" W O Z F p. 00 • �' . tti t i' Y.. . pp4 8 If E z p H G WEST ELEVATION E 2 g d E N 1 L"J i l ,,.�.... CC1 `i / t -' r I E 1,� f1 r t I+1 . .,__• ss s fr .7:1f i • ELEVATIONS-BLD ■G.'C' iliM®—• lima i _ I BUCH ANAN ADDITIN LUT 3k ' sl r *r-+:.,N IA.FREEMAN NO.529 ApiniON ���} _ „.-....__4___ _., SOUI1IIAKE,TEXAS(TARRANC(OUN]Y) I _ 611Ett nu. 4_ _ ._ _ SPO6 SOUTII EL1 VAITUN CASE NO. ZA02'-038 et . i cn \ 1 SITE PLAN REVIEW SUMMARY Case No.: ZA02-038 Review No.: Four Date of Review: 06/14/02 Project Name: Site Plan—Buchanan Addition APPLICANT: Greenway— 1709/Eleven Ptnrs. ARCHITECT: David Fisher+Architects Tommy Pigg David Fisher 2808 Fairmont, Suite 100 362 Oaks Trail, Suite 130 Dallas, TX 75207 Garland, TX 75043 Phone: (214) 880-9009 Phone: (972) 203-8110 Fax: (214) 880-0188 Fax: (972) 203-9870 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/13/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT BEN BRYNER AT(817)481-2086. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency N N/A Building Articulation Y Complies 1' Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y, Complies Interior Landscape Y Complies Driveways Y See comment#2 Lighting Y Must comply with Outdoor Lighting Ordinance No. 693-B DEVELOPMENT REGULATIONS * The applicant proposes limited"C-2" and"C-3"district uses as shown in Attachment E,Page 1 and "C-2" zoning district regulations for development. GENERAL COMMENTS 1. Provide the required spacing between drives along E. Southlake Blvd. The right-in/right-out drive is required to be 250' from centerline of the drive to the centerline of the proposed Gateway Church drive. The plan shows a distance of 245'. (A variance has been requested) INFORMATIONAL COMMENTS * Please be mindful that should individual tenants desire to sell alcoholic beverages that a specific use permit must be processed and approved by the Planning and Zoning Commission and the City Council. Case No. Attachment D ZA02-038 Page 1 • * Please be mindful that should individual tenants desire to sell alcoholic beverages that a specific use permit must be processed and approved by the Planning and Zoning Commission and the City Council. * Specific design of the median for the east driveway must be approved by the City Engineer. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records,a fully corrected site plan,landscape plan, irrigation plan,and 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. Attachment D ZA02-038 Page 2 ( • BUCHANAN.ADDTICIO.N Case No. IA 02=038 USES AND DEVELOPMENT REGULATIONS FOR"S-P-I"ZONING SECTION ONE Permitted Uses This site shall permit"C-2"General Commercial District uses according to the Zoning Ordinance No. 480, Section 21 excluding the following uses: 9. Christmas tree sales 10. Cleaning .dying and pressing works,laundry and Laundromats 24. Frozen food lockers for individual or family use. 25. Grocery stores and meat markets in excess of 11,001 s.f. 32. Fast food restaurants or restaurants with drive-through safes windows The following"C-3"General Commercial District uses shall also be permitted: 1. Coin and stamp shops 2 Commercial Art Galleries 3. Hat shops 4. Hobby shops 5. Piano stores,musical instruments and supplies 6. Toy stores 7. Household and office furniture and furnishings 8. Nursery for the retail sale of plants and accessory items where the sales operations are conducted entirely within the enclosed structure. Case No. Attachment E ZA02-038 Page 1 BUCHANAN ADDITION Case No. ZA 02-038 REQUEST FOR VARIANCE • We are requesting a Variance of 5'-0", from 250' to 245', for separation between the proposed right-in/right-out drive and the nearest centerline of an off-site driveway to the west. There is an existing full access curb cut and drive at this location presently. We are proposing to replace this with a right-in/right-out drive, eliminating cross-traffic access from Southlake Blvd. While utilizing the location of the existing `Dallas Foam' building, this drive location allows the alignment of the interior drives and will add to the efficiency of the. circulation within the site. There is also an existing concrete headwall surrounding a drainage inlet just to the east of the proposed driveway location hindering further movement of the drive. �v J Case No. Attachment E ZA02-038 Page 2 06/06'/2002 12:39 626=968-8791 ...._.. . . ..._._.KIM LTG LANDSCAPE._..___ PAGE •131 "Ak. Kim 16555 East Gale Avenue 626/966.5666 a.gcwrwac City of Indutry.California 9"745.1788 I 626/3b9.2695.SALESPAX I www.kimilghting.com isa saw City of Southlake, Texas June 6, 2002 Buchanan Addition c/o Horsley Lighting Associates Dallas, Texas Re: Kim Lighting Entablature®Luminaires To Whom It May Concern: The Kim Lighting Entablature}luminaire meets the definition of a full cutoff fixture as defined by the Illuminating Engineering.Society. The IES definition of"Full Cutoff'is when the candela at 90°above nadir is.0 and less than 10%of rated lumens at 80°above nadir. Typical"dark sky"ordinances require luminaires distribute light in this manner. Sincerely, KIM LIGHTING, INC. Bill LeBouvier National Sales Manager • Case No. Attachment E ZA02-038 Page 3 Surrounding Property Owners Buchanan Addition k,041 x \''C' 1,A1A0*4\\.-Vrk. ' ' 44-1 ,010‘ f Pso'i\g NO EAST SOUTHLAKE BLVD AI 10-- - ---1 i - , , Owner Zoning Land Use Acreage 1. Otr/Regency Tx Realty 1. C3 1. Retail Commercial 1. 13.0 2. Wal-Mart 2. C3 2. Retail Commercial 2. 16.5 3. Southlake Plaza 11 3. B1 3. Office Commercial 3. 8.55 4. Greenway-1709/Eleven 4. B1 4. Office Commercial 4. 7.57 Partners 5. Gateway Church 5. B1 5. Office Commercial 5. 13.7 6. Greenway-1709/Eleven 6. Bi 6. Office Commercial 6. 3.63 Partners Case No. Attachment F ZA02-038 Page 1 Surrounding Property Owne Responses Buchanan Addition _ Notices Sent: Five Responses: None Case No. Attachment G ZA02-038 Page 1 • CITY OF SOUTHLAKE, TEXAS t, 1 ORDINANCE NO. 480-400 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 LEGALLY DESCRIBED AS LOT 3,J. A. FREEMAN NO. 529 ADDITION AND TRACT 1B2, SITUATED IN THE J. A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.72 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-1" BUSINESS SERVICE PARK DISTRICT TO"S-P-1"(DETAILED)SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES AND LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5-of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and .z Case No. Attachment H ZA02-038 Page 1 WHEREAS,the hereinafter described property is currently zoned as`B-1"Business Service Park District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas,at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably ' expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage,schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public Case No. Attachment H ZA02-038 Page 2 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: • Case No. Attachment H ZA02-038 Page 3 Being Lot 3,J.A.Freeman No. 529 Addition,an addition to the City of Southlake,as recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas and Tract 1B2 of the J.A. Freeman Survey, Abstract No. 529, and being approximately 3.72 acres, and more fully and completely described in Exhibit"A"from"B-1"Business Service Park District to"S-P-1"Detailed Site Plan District with"C-2"Local Retail Commercial District uses and limited "C-3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health,safety,morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the _ community. They have been made after a full and complete hearing with reasonable consideration Case No. Attachment H ZA02-038 Page 4 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 Case No. Attachment H ZA02-038 Page 5 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 , 2002. MAYOR ATTEST: ACTING CITY SECRETARY Case No. Attachment H ZA02-038 Page 6 PASSED AND APPROVED on the 2nd reading the day of ' , 2002. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment H ZA02-038 Page 7 • EXHIBIT "A" Lot 3,J. A. Freeman No. 529 Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas and Tract 1B2 of the J.A. Freeman Survey,. Abstract No. 529, and being approximately 3.72 acres. STATE OF TEXAS } COUNTY OF TARRANT } WHEREAS GREENWAY-1709IELEVEN PARTNERS L.P., are the owners of a tract of land situated in the J.A.Freeman Survey, Abstract No. 529,Tarrant County, Texas, as recorded in Volume 12806;Page 598,Deed Records, Tarrant County,Texas and Lot 3,J.A. Freeman No. 529 Addition, as recorded in Cabinet A, Slide 7075,Plat Records,Tarrant County,Texas: BEING a.3.72 acre tract of,land containing all of Lot 3,J.A. Freeman No. 529 Addition, as recorded in. Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas, and a portion of a tract of land conveyed by deed to Greenway-1709/Eleven Partners L.P., as recorded in Volume 12806, Page 598, Deed Records, Tarrant County, Texas. Said 3.72 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 1 inch iron rod for corner, said point being in the south right-of-way line of Southlake Boulevard(F.M. 1709) (a 130 foot R.O.W.), and being the northeast corner of a 14.56 acre tract of land conveyed by deed to Southlake Land Ltd., as recorded in.Volume 12202, Page 212,Deed Records, Tarrant County,Texas,and the northwest corner of said Lot 3; THENCE South 89°15'00" East, along said south right-of-way line of Southlake Boulevard, for a distance of 442.94 feet to a set 1/2 inch iron rod for corner; THENCE South 00°45'00"West, leaving said south right-of-way line, for a distance of 365.25 feet to a set 1/2 inch iron rod for confer; THENCE North 89°14'58" West, for a distance of 444.49 feet to a set 1/2 inch iron rod for corner, said point being in the east line of said Southlake Land Ltd.; THENCE North 00°59'37" East, along said east line of Southlake Land Ltd. and the west line of said Lot 3, being a common line, for a distance of 365.25 feet to the POINT OF BEGINNING and. CONTAINING 162,067 square feet or 3.72 acres of land,more or less. Case No. Attachment H ZA02-038 Page 8 • o � ep iz 0 0 ______. __.__.__.___ ._._________.._... . 9TIE DATA5UAA4NtY - E uwr. - v ......WMtYI lvf'■ tQ.e.:lcw E ^ ...r l■. I . ft.:0,mA. 04.100 0$ i ..,:c.'u l 11 '■i E.SOUTHLAKE BOULEVARD ! .. jii _ wu ..E.. :r is "241 a�,�i �. ; t :,m A gQ E �.. T , a® I .'.w. rpiii �■. S 1� ',r J..al • I ,.r r .m....e... ... Q1 • �.. 1 'E - i I - ATE TAMI ATIChB y 17 '! .. • l .. ..r i .Y I 91"01.1tY p(l■T.W.fY1LLTA61 - �.tT r ` E,I a� '�� �«.p"y�;eiswr .. y ,�:: „�:'"-1 IW 7 • -1- • J.ub.aymnox..a • ■ i(�� W $•I C mn r .. --• - Pl��L` -.'ti Lta.dno 1enewes �41 a - ,>� e�.11lar wawa. n D atin ran 1 r na. oon u .., A >I.9a 0o �+•r•-- ► r4 0-3 arm.taral $ • .v.r I. 1 t 9 wcr. IN m 1 �' wwulnrKasso..wq � t Iwuisexiii. E ub.• • ( I ,� ■..,o,l r ,,... .... ;! " 1 ..� Lei I aolSRrrn■Y.nm�ala}ip9.Ve� avl.. .. . w' ■ • Iti Ti ... .!7-.:.-...-,-,,,,....la ... -- - i:i.,.,.,...e .. . . ,..:..,._L. . 1 ii f 1 # { 1 {€ E r rrr_ ere.. s, r T'i3 1 baeEvwAY.120� 'Yd r,>ytxtlu,u: wrn.9... I tall '_J j >Q,.&T CM..clmalm __ y —o _>_ J A a1A9.Tew919r.. .. arp .'"^.1•PS.. C.r�,ar.,.-:D Y!/7, iti26,91i, I • ♦4.17'r.....-.-.. �2'"1..v..r:.'>'>r '�z_�?'.; 1 auilt; ra - V y I r 1 SITE PLAN aur.40.. 00 0000rv. 'ham` I B CJLWAN ADDITIONLOT SP. �n(1TWr • • ',V.V.+) '' L1.FR$EMANYO.529 ADDITION aeaseAr• f >rw+w- U ice` .._�..� SOL114LAX2.TlXAS(TARRANT COUNTY) •a�rY 19b. I i~ r- - ,a I " SF01 r. v,c CASE NO.'ZA82-4$8 `^'" ""' . p CM p to LZ, x BUCHANAN ADDITION Case No. ZA 02-038 USES AND DEVELOPMENT REGULATIONS FOR"S-P-I"ZONING SECTION ONE Permitted Uses This site shall permit"C-2"General Commercial District uses according to the Zoning Ordinance No, 480,Section 21 excluding the following uses: 9. Christmas tree sales 10. Cleaning,dying and pressing works;laundry and Laundromats 24. Frozen food lockers for individual or family use. • 25. Grocery stores and meat markets in excess of 11,001 s.f. 32, Fast food restaurants or restaurants with drive-through sales windows The following"C-3"General Commercial District uses shall also be permitted: 1. Coin and stamp shops 2 Commercial Art Galleries 3. Hat shops 4, Hobby shops 5. Piano stores, musical instruments and supplies 6, Toy stores 7. Household and office furniture and furnishings 8. Nursery br the retail sale of plants and accessory items where the sales operations are conducted entirely within the enclosed structure. Case No. Attachment H ZA02-038 Page 10 EXHIBIT"C" This page reserved for the approved City Council motion. Case No. Attachment H ZA02-038 Page 11 • NWCity of Southlake outh1 Department of Planning STAFF REPORT July 12, 2002 CASE NO: ZA02-049 PROJECT: Southlake Woods, Phase II REQUEST: Southlake Woods, L.P. is requesting approval of a zoning change and concept plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-402 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Bruce Payne (817) 481-2036 Dennis Killough (817) 481-2073 r --, Case No. ZA02-049 BACKGROUND INFORMATION OWNER/APPLICANT: Southlake Woods, L.P. PURPOSE: The purpose of this request is to change the zoning on 7 lots from"SF-1A" to "SF-20A" Single-Family Residential District to allow the developer to remove a large retention pond from the back of the lots and place it into a common area lot to be owned and maintained by the HOA. The revised concept plan does not increase the number of buildable lots within the development. PROPERTY SITUATION: The property is located west of S. Peytonville Avenue to include the east and northeast lots along Deer Hollow Boulevard; east and west lots along Longhorn Hollow; and lots 5 through 14 along Weeping Willow Way. LEGAL DESCRIPTION: Original Request-Lots 17—20,Block 5,Lots 5— 14 and Lots 30—40,Block 6, Southlake Woods, Phase 2; Amended Request—Lots 30—36, Block 6, Southlake Woods,Phase 2 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-1A" Single Family Residential District REQUESTED ZONING: "SF-20A" Single Family Residential District HISTORY: -A plat was approved by the City for the Airpark Estates on October 10, 1978. -The "SF-1 A" was placed on the property with the approval of Zoning Ordinance No. 480 in September, 1989. -A final plat was approved on February 20, 1997 for Phase 2 of Southlake Woods which included several lots from Airpark Estates. P&Z ACTION: ` ' June 6, 2002; Approved(6-0) subject to Concept Plan Review Summary No. 2, dated May 31, 2002, as it pertains to lots 30R through 36R, Block 6, only (lot 36R being the lake). CITY COUNCIL ACTION: June 18, 2002; Approved first reading(6-0) subject to the recommendations from the Planning and Zoning Commission. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 2, dated July 12, 2002. N:\Community Development\WP-FILES\MEMO\2002cases\02-049.doc Case No. Attachment A ZA02-049 Page 1 , , Vicinity Map ` Southlake Woods Phase II "kw"ilto*Airriiiimit . & /44 , ,, .1. la ii...11. _...vorigek aim irk ion.iespa*. ii ht4flituclOw eil 111111111WrieklAtrostigil t i 1011�i " � i `fA Cipys ..grawne.si ill�i `at 5.7 ifilla 2 o� Visnh1tr4 cpskt, . lognograi rawis."-i.- wmpolt�t!�% O A a IllIiU■■■1k V41: MEI oi Eros ti4 mcfe"Ilill'am 11106,'-11 - li.N., mi ...,. ,..o.,AI GO-- 11,__ um ‘ — 4.101.-- 1:-'1- is. . ISE ' Iregiiimirg Mug!win wiro .R U m11 aims 4►■•■►. im.iiri a ik If. IMM sillainill'wit! -, _.,17.7. 21111111..... NM Mr°AV 2 II n PAWN ■■■ ■ lir. ,,,,.. "' m.o. r—ilefa. a� l t E8TCOMTIME, { CARR0LL ,-7♦n INN�NI a � 4�f�1'' ���[��� � � ELEIAENTARY ' f�����`r mill f'- mix � � SC MOO L 74�o. �, ��. P. 4 rams ow ,vv.IA - 0 6 , A. 1000 0 1000 2000 3000 Feet N ‘L W --""PAT E S ( , . 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I ...... --•-••,+-•-, ‘,.., s) MC,MSCI,?UN:GJ,II-.2ii.-,....^.W.tt FAUi;:i AhIA n 7-p2.v...:1• • rt•-• T.\ ,''!'''..;; 0/.: , ', • •• ..., \ , - ...-1.1,,,,..;: ..----","-k ) i . . . .... ov ... t , ,..• • . ,. i I I 1 !.1.. 4 CaiCEPT PLAN 7---_--L 1-,- .,-7-1, , ,,,,,,,,- -kp, . ; -. , ,.. ,. ....._ ' 'I 1 ''' ...... .. . ' .,) FOP"SF-20A' ?UN/3-G tiff/a:Sr 1 ,fq- - ---,-;:••••----• ----,4,• ,--------,,-------------ii ! -4, LOIS 17-20,BIOC.K.5 z Gti •1411-, .' Narsiir..-i " .. ,44) ICAS 30-39,fil.00K i'., ,.• - Cix,-. 1 1 II I 1 i,.... ,r SOUTHLAkE WOODS . i -, - , ; t -- co' • Itt-r,Tll -'":‘,0 ) • — . ,,„, I 1 •••.1" .,;,4.0..,..F,3-4r•ai a,,...,,,,,,..c ---.. i <3'.''1 I i -,i 1 1 0 , i;,, 4 ..Z34'0 1.5, [191.4'4C/1 IIIIIIVI.'t..4...Viint Kii lIa. \'SI I iki .? I I 1,....t.uf C.trii t,lif AS ,ii'' .,...! i V'',.,.,§I, ?..IP5.,;',;412 &.<1tIft.r..:,•• i 8 1- ,,`'‘.,.•2). ,,J. 1 • , , , O.,i "'"'..'4', —,4,..-5,-,...--,le ''''T,,,-. I P ....,,,i`,...,..S.''.1, 1.1 i 1 1 .. 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I .6. , 1 • ;,, ,, ,.:1 ..,, e..), ::'''''' s2 1..., P? .1 1 I ; 1 :;'. 1 'it .'... cr,0 Isovihrz :: p,,. 1 ,q ,24 IV I ff.. t ovaragitmi oii41 4--:- 1-.1 t-/----4'.:-.'itS...".," ;1!)74,,,,tr. m, ,*,,,,,,,," .erziair 1,3.,,, i kit. .1 .1 , .„ :1 : / I •v. , f 1! , /C11/./1E'R,VOKS OR. . / , 1 -.1--• / ' ‘-1 r4, ,-;•.; :: ''' ' n; ;- -. `,1''.....';'',''', .;.' . ' ... I !. t ; 11.4" ; 6 „\,., 1, I. +.1 '1 ,• ,,,, ,- / .4.?,,,,,.. . , . ..1" •i '•i""a- •.;‘,..„; ci 0 j.1 • '..-- / ' , / i .• ;. 1 ,.:, ,C'''' !Z1't9 ' 1 1 1 1... I I /1 5.1•44•22.1r ..le ,..1.•,":;1::::r‘I t'.":i t.V • • -- ........, - 'Y..S9-'1'.17'fi'TAL'.-1''!"rt!..-..-----.____, ‘.,..,,. I...;ci tta,... • MOTH pt., CQN.CEP1 fiLlai -......_.. , \ 1 I i" ,..I 1 . ,,,, . , ,,,... - , .FOR "b. zoA 01:1m,lit.a.itST ,....) • LOTS 5,14. BLOCK 6 l'''.-e<P, )•,...P .;,,.----- , 1 .,',,'9: , 1' '' SOUTHLAKE WOODS , .- ..,,;( ,...; - PI iAi 2 r.'; I 'S.:. '. .4,s/ It.,,..e ; : t'i kirti4p 10 in:ZYIT I,I*Wq/i AKi 7; 1, 1' i 1 S ...,?...,I tZ4s111,Ik./.., '•,;;'' AVi•t,VAG •i•:.4 l':i'.0,:,,:, ... CASE:titi 2A02-019. &min SCUlisbk/f-VKIri/.LP- ..Y.4.2/II uwesie.,t...t..m.i.). f.zyi.,..10;.i .1ftlIsi..lii.i,I" , ...._. ,,...,..... ..., MAN 2 0 2002 ...,....,, ,I (1.01,,, :,,,,I,'".,i;I:::,. ,71," W 1 i..1ar,vis ty,:,..4t. . ..,. - -•1 REC'D i,,,,,,,.... : MAW,:OW; I.I,,,, C....I. I-7,-.. /el • 1"0 .....0" IQ • CONCEPT PLAN REVIEW SUMMARY Case No.: ZA02-049 Revised Review No.: Two Date of Review: 07/12/02 Project Name: Concept Plan—Southlake Woods, Phase 2 APPLICANT: Southlake Woods, L.P. ENGINEER: Dowdey, Anderson & Assoc., Inc. Matt Walls Michael Dowdey 2557 Grapevine Parkway, Suite 100 5225 Village Creek Drive, Suite 200 Grapevine, TX 76051 Plano, TX 75093 Phone: (817) 329-8.770 Phone: (972) 931-0694 Fax: (817) 251-2197 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/20/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT BEN BRYNER AT(817)481-2086. 1. Provide a Revised Concept Plan that correctly reflects the amended boundary as approved. 2. The following changes are needed with regards to surrounding properties: a. Label the adjacent properties and properties across adjoining rights-of-way with the existing zoning. b. Correct the LUD on the following properties: Ginger's Knoll =Low Density Residential Jose Franco=Medium Density Residential Air Park Estates (Tracts 2, 8, & 9) =Low Density Residential 3. Label the R.O.W. width for Peytonville Avenue. INFORMATIONAL COMMENTS * The applicant should be aware that a re-plat, either by Amended Plat or a Plat Revision, cannot alter, amend, or remove existing deed restrictions or covenants on the property. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and 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. • * This review is based on the "SF-20A"Zoning District Regulations. Case No. Attachment D ZA02-049 Page 1 Surrounding Property'Owners Southlake Woods Phase II 1111111-7011. 4 et ' ralliNS I 4 4 I 21 ti 1 %ipAil g , z . Re iiii* 0 ;: . To Iii re91R tit. ri 9 II A 18 NM let I., 1/11 7 me Ep NI L,, 11,11Pfra imMill :Pk VI • I goo KIE. it& III ill" Ill milliMitu SE111041111 1.1* . it I 111 itio AIM: NE 'II la° 'I MI:. Mg 7 Owner Zoning Land Use Acreage 1. B. Wheeless 1. SF20-A 1. Med Density Residential 1. 1.00 2. B. Sousa 2. SF20-A 2. Med Density Residential 2. 1.00 3. Southlake Woods LP 3. SF20-A 3. Med Density Residential 3. 0.45 4. Southlake Woods LP 4. SF20-A 4. Med Density Residential 4. 0.75 5. Southlake Woods LP 5. SF20-A 5. Med Density Residential 5. 0.70 6. Southlake Woods LP 6. SF20-A 6. Med Density Residential 6. 0.74 7. Southlake Woods LP 7. SF20-A 7. Med Density Residential 7. 0.50 8. Southlake Woods LP 8. SF20-A 8. Med Density Residential 8. 0.71 9. Southlake Woods LP 9. SF20-A 9. Med Density Residential 9. 0.46 10. Southlake Woods LP 10. SF20-A 10. Med Density Residential 10. 0.68 11. Southlake Woods LP 11. SF20-A 11. Med Density Residential 11. 0.64 12. Southlake Woods LP 12. SF20-A 12. Med Density Residential 12. 0.77 13. Southlake Woods LP 13. SF20-A 13. Med Density Residential 13. 0.68 14. R. Halbert 14. SF1-A 14. Low Density Residential 14. 0.67 15. T. Tarvin 15. SF20-A 15. Med Density Residential 15. 0.62 16. M. Widelitz 16. SF20-A 16. Med Density Residential 16. 3.63 17. S. Spinks 17. SF20-A 17. Med Density Residential 17. 0.66 18. J. Yglesias 18. SF20-A 18. Low Density Residential 18. 2.61 19. C. Muzyka 19. SF20-A 19. Low Density Residential 19. 2.17 20. J. Franco 20. SF20-A 20. Med Density Residential 20. 4.89 21. N. Morrison 21. SF20-A 21. Med Density Residential 21. 1.00 22. N. Morrison 22. SF20-A 22. Med Density Residential 22. 1.00 23. N. Morrison 23. SF20-A 23. Med Density Residential 23. 13.4 24. D. Nyhoff 24. SF1-A 24. Low Density Residential 24. 2.76 25. R. Wai .25. SF1-A 25. Low Density Residential 25. 2.90 26. Southlake Woods LP 26. SF20-A 26. Low Density Residential 26. 27. Southlake Woods LP 27. SF20-A 27. Med Density Residential 27. 1.00 28. Southlake Woods LP 28. SF20-A 28. Med Density Residential 28. 1.00 29. Southlake Woods LP 29. SF20-A 29. Med Density Residential ,29. 1.00 30. Southlake Woods LP 30. SF20-A 30. Med Density Residential 30. 0.81 31. Southlake Woods LP 31. SF20-A 31. Med Density Residential 31. 0.77 32. Southlake Woods LP 32. SF20-A 32. Med Density Residential 32. 0.98 33. City of Southlake 33. SF20-A 33. Pubic Parks/Open Space 33. 5.29 34. Carroll ISD 34. CS 34. Public/Semi-Public 34. 25.1 35. B. Curb 35. RE 35. Med Density Residential 35. 5.14 36. C. Sprague 36. SF20-A 36. Med Density Residential 36. 0.62 37. H. Lafevers 37. SF20-A 37. Med Density Residential 37. 0.56 38.t D. James 38. SF20-A 38. Med Density Residential 38. 0.59 39. D. Reukema 39. SF20-A 39. Med Density Residential 39. 0.54 40. M. Faulkner 40. SF1-A 40. Low Density Residential 40. 4.81 41. Southlake Woods LP 41. SF20-A 41. Low Density Residential 41. s• Case No. • Attachment E ZA02-049 Page 2 --- Surrounding Property Owner Responses Southlake Woods, Phase II Notices Sent: Twenty(20) Responses: None (0) Case No. Attachment F ZA02-049 Page 1 CITY OF SOUTHLAKE, TEXAS .' ORDINANCE NO. 480-402 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 LEGALLY DESCRIBED AS LOTS 30 THROUGH 36, BLOCK 6, SOUTHLAKE WOODS, PHASE 2, AND BEING APPROXIMATELY 6.9 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Attachment G ZA02-049 Page 1 WHEREAS, the hereinafter described property is currently zoned as "SF-1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment G ZA02-049 Page 2 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: Case No. Attachment G ZA02-049 Page 3 Being Lots 30 through 36,Block 6, Southlake Woods, Phase 2,being approximately 6.9 acres, and more fully and completely described in Exhibit "A" from "SF-1A" Single Family Residential District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B". SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety,morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of Case No. Attachment G ZA02-049 Page 4 land throughout the community. SECTION 5. • That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this 'ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment G ZA02-049 Page 5 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 , 2002. MAYOR ATTEST: ACTING CITY SECRETARY • Case No. Attachment G ZA02-049 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA02-049 Page 7 EXHIBIT "A" Being Lots 30 through 36,Block 6, Southlake Woods,Phase 2, an addition to the City of Southlake, as recorded in Cabinet A, Slides 5941 - 5943, Plat Records, Tarrant County, Texas and being approximately 6.9 acres. • 4 • Case No. Attachment G ZA02-049 Page 8 . . fTh ' C ('-------\ • AD i ..._... i _ 1 = c-, . .- i . I I, ;1...1 r-- -•-, i ,,,-,, 1.j g I I : i I It:J ti-1 . 4 i .•• „..• 1,, LiHAVIliC f.X,.1i: I Let.r.,.,;.......i li.''' •• 1 —•• - '; t i ......,:2, ,1•,,).-...-- i .,,.... i . . •,.., .46 04.141 1 i ),••••.-4.0't r i A i.•tew 4. • i k •••• „ss.,--1••:`,-- ',,1- ••;;)- 10611 4 I 0•' 4 es•444 m . 14 I .•••••.'•6144.'....••••' \ • S,.6•••• • 40 I: I ,.?1:•44` 6 '••• 611„.0 1. ''' •••‘ iii'• >. \ \ . 1 1•''-1 N.14•011,ea,' i -----7i'e.154::,,'"---- ; ', • 'g; . ",,Ii. 61-;,„," :,,f,,0..,,,',,.:7„/,, `.,4,' . 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' e4 t ..-01...4-.-12}4---•••••.-1••••••\!.54 1 '1 k ' ',1',.4•::el •• i 11 I,tri.'-'-""--"T)g\ t ,4'• Xeib*4.,';I'' t.1.r1',"P,'' gi-11,'..-.. ...- -- -I ' , , . ••.:-i: 4i , I , HtiltSZE,117- 1,.....Sh,al1 e10 tFcA m,s,,..?...1-1 A , . drii ' - ARA : iii A'4f k ' *', — 11 " , . -,... ../ , R " 1 t 1 -1 -- --.-2:--.1-171, :...:2„:::...Lig !, o . • 1 '''' ', I I , • - ''•••'• CONCEPT PLAN i • , - i i 'i 1 V'- . "-•,. ..-••J '' 1 •, . P-- i • ...1.••.0• FOR r-220A* ZONIRC REQUEST 1 , , , ,-,j., , -•- , • LIWS 17-70,m.f.x:K fi. ss. I C1FSI2L(S101113...1•1410,1 LOTS.Srpi.34,BLOCK 6 • .• . „ ill I 0 ,,,,‘ <': oliTi•iLikkE.-mops . • . • • + ; -•„.... ';''.13;`,',1ar.' , ; PHAST 2 4..11-•'------1"-, r , i ,,r, f_rd 05 0 • .6 —'•1 Yt-•( ; 1 ql 4,,'='' ,•;., I I ' !e'V,-.-- 04 foN:1.:-.1 1AR 'WY 41a,0 1..41,41-1” I , I I 1=.. 4141 4„..11. „ 1,41011 1•3‘4106,1ESAN 1 e. 81.......?.:!m.:.:>.0...i 1 . r!I •• > !;i.'e7 i1..,•,....,.A.,•.- :;;!!, ..• I I 1; IP :. , , 'i,,' , CASE NoI,I...70Ii1/,X1 6X,2-, 04(4.9 1 I 1 ,:! e 291.7 S,tgv.st r...r: h..- I 45 (617,42ii-Vfii GirAt1.54,y'....:, 1,,..c..1 ant 4 01.44 M'•• i , ' 1.I I I 4 1/I I t„ I4'I I 1 l'.. '111•41•411g:0'14•4115 AD __ n . I 044E: WOE?,A.NOiligki lc..1' :1,..11..ti;d'*'' ;I Iria...v....1106 d•61041104 41 144.40.614 . 4.•14Z1.1.g.:E VI:E..4 1./If 2,0121.111 = .0•44.144414.•14•4 441 1,li ktv,I.d in 14e 4,...i,9 1 elossp,..14.41.1 RECO MAY 2 0 2002 '"""`"?.?....<„,:,f1<.=',.:(1 •"*1 12=,---,' — rn PO eD 4D 0 • ( `\ 1.---' N '1 l `° 11 gym: f il 11 rSIrE rY J 1 tft/f IIIG.�"n..SIE • • ) ��1C[ i , tr4, }1i i -1........_.1 -! v ate, ' `j 0 ks l- 1" i I ! ur.r j r�w 15., ,�4, S`) .. E , i S Y� L.' �,. 1 `Y`y''. 1 u. ! s 1 i )' 1 t —Tie } ! { N '�i SLYtY 1E ' 1 �' bl :.Ir 14r. . i t> i-IA1N'YtT(n'N:Y:S DN. I E 1 1S { y�' 1 ! __ a.a E I _ -...f { v sl I I: 1 j FY-{"' i L ra a tip_ 3 f �. 1 -/7 t. _ l sr, ;mf, - r+ taro tt.E:iu niv ...- wal r'_ f CENCErI PI AIJ 51.45144 pc.: „,",„ __ _:,I Ivi FOR F-20A 20;1 4C REQUEST ' 0 ,K I ,I 1 — 1 >( I. 't s'�L1 ' __...._ SOU{HLAK WOODS S .i 1 '.,,,--1 ! �Y _ ___. _ .. PHASE\ f �. U 2 LI ) `.. ...,._.' i,yv- c ! �; A 2(lri�! Pp r Y 112 i 11!:222'E ,�'„ i 1.L Lb !YJR ,u,Ci n 15;' Y. r ;,i} xx 1 r kits . 2 U2T CASE NO. 7A02-049 SGUINIi;A n9(,DS;L.P. t7 ' :1.'I 4.412 4VA-222 I) iAf 2111g 101. 01 71 5 n7 4 4 1 1)t0 ',UM (i1e MAY 1 rI V 2002 MI MI ',NUR St 0i 1,,,•sat.1R E IriC, 4 11=e 1. FI 4. -. 1 l Il t is it E ntt I.'.�r r;M is I.1 u>:i s T..,,,a REC'D 4 Ei22 1. ,L z-�! ('WiicCT. i;i11 U.:S�LJ , ml, r , c t ..._.:_-_-=-. .----- - City of Southlake L_..,,,A Department of Planning • ullila P STAFF REPORT July 12, 2002 CASE NO: ZA02-058 PROJECT: Southlake Town Square Farmer's Market REQUEST: Cooper& Stebbins is requesting approval of a Specific Use Permit to allow outdoor vendor sales in temporary or moveable structures, under the provisions of the Southlake Town Square NRPUD zoning district, for the Southlake Town Square Farmer's Market. • ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Map (D) Event Description (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Resolution No. 02-044 (H) Color Site Map and Support Information (For Commissioner's and Council Only) STAFF CONTACT: Bruce Payne (817) 481-2036 Dennis Killough (817) 481-2073 Case No. , • ZA 02-058 BACKGROUND INFORMATION OWNER/APPLICANT: Cooper and Stebbins PURPOSE: Allow outdoor sales of farm produce. PROPERTY SITUATION: The specific site is located on the south side of Prospect Street,between State Street and N. Carroll Avenue. LEGAL DESCRIPTION: Lot 4, Block 2R1, Southlake Town Square, Phase I. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development District HISTORY: The City Council denied a request for a Farmer's Market at the same location in May of this year(Case ZA 02-045). The applicant has provided additional information in hopes of addressing Council's concerns with the previous application. P&Z ACTION: June 20, 2002; Approved (7-0) STAFF COMMENTS: A site exhibit is included as attachment 'C' and an event description is included _, as attachment `D' of this packet. This is a SUP request for outdoor vendor sales in temporary or moveable structure per the Southlake Town Square NRPUD Ordinance No. 480-224, Sectionl.d.2. The request proposes a Farmer's Market to operate in the location shown on the attached map each Saturday between the hours of 7:30 am to 3:30 pm starting the first Saturday following final approval and running through September 28, 2002. Each vender shall be required to obtain a solicitor registration certificate and identification badge from the City Secretary's office under the provisions of Section 13 of the City Code. There is no construction proposed with this request. • • Case No. Attachment A ZA 02-058 0 Page 1 . Vicinity Map Farmer's Market Southlake Town Square WK RY :en , C HALL --- 1-/,F j- 040 Grp 5111 Oilr -NI pg Mw T i l l - , , Ti o - 1 �¢ 5 ira__ • rim. 1 ro� r , G kwxxxr •AIM peg- �M L;2 _ - - yasraauTHL rsourH swo I Li «c' li GOFIVi "Y E tosoN aim 14 3._______-- d liTSWINIMIHT NOr �is#111FAr 11i�rM4 1000 0 1000 2000 3000 Feet N . if , W \ E S C' s Case No. Attachment B ZA 02-058 Pagel �tihlake Town Sc� ` — . --FEDERL NAY `. I;rll�er's Marko • . -- z ...:i• 1.:13' , --:" .7-: i i i ... !,i,... j- ''.. , v . V, J • h n D' li QJ' Proposed Site 111, �1 T ti 4 ni�r is J! ' > I J PRpSP"..GT S1RJ I '� vim t, �. I 1 s „ GIs / �`' , s, uvK ,-Ace l 1 6 n o = 1 . 1-.4:1404;:;,.:.4I4x 71::_. ala _au .1W's:RZer t WIN SrRC£r` 6t i,_ :) 1 nn 11 Q t • Y \4•_ �i J,tii sih'1'?w.N s I:1 � , L _ r 611• ,•. t.t`! t 1 t, 'il;:Ig 1.'a4. 7,0 4 !). E I-. .I JU 7 _ ....�. _...--.._ .t. :k / Y j ,: ' f� - Cr9Q NT 4Arifi°GE i; , j i s a I ` L M '1" i I C: 11 _ ';:t1T ,g Ii w s' ,:t '' .- 1 1-141 Z fl iCs P l I�G r f '. '11 4+ c of +t ;Till' , 1° '!-, r;N ks . s ? ,' I� ' . E I 1,pfi i-1.- ' ' I 13 ..I ,y ri-. t_ • & I i E f ::.i `Y5 30VT'•;.A BQ.:V✓ARD jFM.1"!C/a: , 1 REC'D MAY 2 ( ' 8 2002 Case No. Attachment C • ZA 02-058 Pagel Tuesday,May 28, 2002 'ix i E • rnt ersM a 6' Est 2002 Bruce Payne Planning Director • City of Southlake 1400 Main Street, Suite 310 Southlake,TX 76092 Dear Bruce, Southlake Town Square is proud to host a new event for the Square. The Southlake Town Square Farmer's Market is a new community service event designed to provide the citizens of Southlake the opportunity to purchase farm fresh vegetables and produce once a week during the growing season. We would like to submit this application for an SUP for Outdoor Vendor Sales with temporary movable structures. Temporary Vendor Sales Information: The Southlake Town Square Farmer's Market will be held every Saturday beginning,July 6 and ending, Saturday, September 28,2002. Times for the event arc 8:30 am through 3:30 pm.Farmers may breakdown earlier if they sell out of their stock. The market will be located in the Block 2 parking lot within the employee parking space,directly behind the 1256 Main Street building(see attached map). During the time of the event 99%of the office businesses are closed and none of the office employee parking is utilized. No street closures will be necessary. Components of Event: Farmer's Booths — As many as 30 qualified vendors which will include farmers selling fruits and vegetables, • gourmet food products, herbs, plants and honey could participate each week. Each Farmer will have a designated space where they may back up their trucks, pop-up a small 10 x 10 canopy and set out tables with their wares. Farmer's will adhere to all health codes and City permit rules and regulations. It is our understanding with an SUP they would not need a health permit to sell fresh produce or pre-prepared food products, they would only need one to sell site prepared foods. A process has been designated to obtain banner permits for the vendors to hang small banner signs from their tents. Expected Attendance Attendances of over 300 people are expected each week. No problems with parking arc anticipated due to past experiences. Sincerely, • Nancy Hormann, Vice President, Management Southlake Town Square 817 329-5566 nhormann{i;southlaketownsquare.com • REC'D MAY 2 8 2002 Case No. Attachment D ZA 02-058 Pagel ( Surrounding Property Owners Southlake Town Square Farmer's Market ;T FEDERAL WAY LU 40 69 UJ F- Iz `' CO 11 - 10 w •. o .J F- u .: H < I QPROSPECT TREET 41 ., 3 CIVIC PL w 8 d 4 MAIN ST w Q MAIN ST w 6 c~n0 ce d Er PL z w U Owner Zoning Land Use Acreage 1. M. Wright 1. SF-20A 1. Med.Density Residential 1. 0.48 2. B.Paulsen 2. SF-20A 2. Med.Density Residential 2. 0.59 3. Mendez LTD 3. AG 3. Low Density Residential 3. 3.00 4. J.Strunk 4. AG 4. Low Density Residential 4. 3.00 5. Southlake Venture 5. NR-PUD 5. Mixed Use 5. 0.25 6. Southlake Venture 6. NR-PUD 6. Mixed Use 6. 5.40 7. City of Southlake 7. NR-PUD 7. Mixed Use 7. 0.81 8. City of Southlake 8. NR-PUD 8. Mixed Use 8. 0.68 9. Southlake Venture 9. NR-PUD 9. Mixed Use 9. 5.50 10. U.S.Post Office 10. NR-PUD 10. Mixed Use 10. 2.80 11. Southlake Venture West 11. NR-PUD 11. Mixed Use 11. 2.21 1� Case No. S Attachment E ZA 02-058 Pagel Surrounding Property Owner Responses Southlake Town Square Farmer's Market Notices Sent: Seven (7) Responses Received: Four (4) • Nelia Keiser, Southlake, Tx. is in favor. (Received May 31, 2002) See Attachment. • Terri and Mark Messing, Southlake, Tx. is in favor. (Received May 31, 2002) See Attachment. • Sherri Whitt, 1002 Chimney Hill Trail, Southlake, Tx. is in favor. "I support having a farmer's market in Southlake at the Southlake Town Square." (Received June 3, 2002) • Sara Hale, Southlake, Tx. is in favor. ( Received June 3, 2002) See Attachment. Case No. Attachment F ZA02-058 Page 1 • Lorrie Fletcher From: Bruce Payne • • Sent: Friday,May 31,2002 5:09 PM To: Lorrie Fletcher Subject: FW: Farmers Market Include with new application. . . • Bruce C. Payne, AICP Director of Planning City of Southlake (817) 481-2041 Original Message From: Nelia Keiser (mailto:n.keiser@verizon.net] Sent: Thursday, December 31, 1903 10:10 AM To: bpayne@cityofsouthlake.com Subject: Farmers Market To Bruce Payne I would like to show my support to have a farmers market in Southlake. A great place to meet friends and shop for fresh produce. These market never stopped me from shopping in the local grocery stores. Please allow Southlake to open up a farmers market. I was very disappointed when this morning I went at 8:30 and did not find one. Please please please • let us have one here. Nelia Keiser, Southiake REC'D MAY 3 1 2002 • • • • • �y • • Case No. Attachment F ZA02-058 Page 2 Lorrie Fletcher From: Bruce Payne Sent: Friday,May 31,2002 5:08 PM To: Lorrie Fletcher Subject: FW:farmers market I ' Include with new application. . . • Bruce C. Payne, AICP Director of Planning REC'D MAY 3 2002 City of Southlake (817) 481-2041 Original Message From: Mark Messing [mailto:mt.mess:ing@verizon.net] Sent: Wednesday, May 29, 2002 8:34 AM - To: bpayne@cityofsouthlake.com Subject: farmers market • We were disappointed that the farmers market in Town Square was voted down. Good produce in Southlake is simply not available in our grocery stores. A farmers market in Town Square would provide the community with a unique opportunity to purchase fresh produce. The hours planned, early.Saturday morning, would not interfere with shopping and with guidelines, the setting can be up scale. Terri and Mark Messing • • s' Case No. • Attachment F ZA02-058 Page 3 .y (:,1.-12/...c' . . , ( U / • ., (-- (Y(4, -12f/I LL-L 4--i.--, a ja.•,,1 1Z ,) Al-',,j e,(2:z2(9-17 z. Le 6,--c-- ,, (-.. i: , ,• 7 / , ( d..1 6i_-_-_-(7c,) (fit_,,,- . 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WHEREAS,a Specific Use Permit for a farmer's market has been requested by a person or corporation having a proprietary interest in the property zoned as "NR-PUD" Non-Residential . Planned Unit Development District; and, WHEREAS, in accordance with the requirements of Section 1.d.2 of the Southlake Town Square NRPUD Ordinance No.480-224,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health,safety,morals and general welfare of the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a farmer's market on the property being legally described as Lot 4, Block 2R1, Southlake Town Square, Phase I, more fully and completely described in Exhibit "A", and as.depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions Case No. Attachment G ZA02-058 Page 1 • contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. • 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF ,2002. CITY OF SOUTHLAKE By: % Rick Stacy, Mayor ATTEST: Kim Bush Acting City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas • Case No. Attachment G ZA02-058 Page 2 EXHIBIT "A" Lot 4, Block 2R1, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 6888 & 6889, Plat Records, Tarrant County, Texas. • • Case No. Attachment G ZA02-058 Page 3 • EXHIBIT "B" I take Towi1.s9 ua l ni ( e e \\) ) 1 '-v"� i•tz`q rr y°� J Fai•ine is Marked. Q 1 j Proposed Site g. :80 1t t^ i., h14 iV i'RL>'.aP"CT 57REE'T II }� •:ij ��'�� {per (� ;� \ 'J' a• wcJ s+nce \of _j ft. L ____ r:it:crir^ C 2, + .;lytll 7[t Y , • Iw�r'u,TL� E; YA r • • "Nip. YI �.�L1 f • iv 1 s\ 4.. r * ♦ T t y Y 6 Ct � .•�y lr ``�-\'`.•. 1CY i t F '4 assfsR rpt f X a !! !: rF is; ': ;�t3y�e�s 43 O ei€�a < 1 1y,3 $ LAP J � ' C "" '� Y ° :.A rc+va 1TM(n"r 4 l Yam ' {" �. IlJ� a \..<a i�� A�rrr. I k3r- IYi `. S � 3 L..., , } f•GM A.H PLACI f •--s'� �:J O' .� d j G11.• _ 'icy ff kpi b 3. ' E (i 4M-: �.T*{ i •I w ' t� f,..t.. .r ti r' C .:.3 11 t Li gay, r a, .r2. S t i � i n5 •."R; � '� � �, a� a`°>«4�ac .a*a,.�j t R I � 4 t� r r � �.: __. J _..__.- _� i'-i _ r ,r- i ' t -7+ cab_-: .- $0,171-L.AKE BP.N�VARp I`:M IICA? ' REC'D MAY 2 8 2002 Case No. Attachment G ZA02-058 • Page 4 EXHIBIT"C" 1 This page reserved for the approved City Council motion. - Case No. Attachment G ZA02-058 Page 5 ..... . • .. , .......„ , ,..., --... ,,..„-- - \\Dike Town .c ,.., -,,-----... 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P41.7_,..a& ' : . , $1..,,, ..' a { T" ' Adds another reason to 7 kl . ..` w come to Southlake Town 4/11, :_ _,,, Square .1-1` : : N. rk- • Draws new customers `' : .A. 4 • Increases sales to existing 1.' 4 w' -J ilqretailers and restaurants yY " ', — s As _; ' _ ,� - • • • Increases exposure of retailers p 1. '11 �� in West Side District .,tom ,, >. ,,,,. >: _ ' y� -' • It's new and different s— wale Town 8ijud • .Ex— 5 Farmer's Mar_ Tar get TradeArea 4:x • e; .` . Southlake .,..- . _F ,..-:.41'A' ...„4.4,1r, ' 4; I ' -- 4 I j.' , ,_ • Colleyville �: _ — i '';''' ' • Keller j T > • Trophy Club �. �� `---� £n- : .. . ' ( lit— i' 4;" f, kti, • Roanoke �.� ,..= ..h - ! : .,: C t ,{ .— *If , .Mom/ tit13 • ., r. North Richland Hills , 'x �' y � *. ff.. Al ,�q timi...,[,;;47 ' : ", t` -.._p ', ' , s. -' 1. " lake Town s4 U*, K . a , / ,1*'r, �; rwb oNN „, �� �,N ,A f .„ 'Farmer's Market '..i" �. a . . \ __,, , ..„ Farmer ' sCompetitors Market w,,,,...7._. _..., ,. ._ ..„, ....,..,:,„,.. .• Dallas Farmer' s Market ...„7._7,_ . : ..., 71i ° »F�•�-=r' ,A Fort Worth Farmer' s Market " p. . 1 . 7 LAiiit • Grapevine Farmer' s Market , ,---4.---im. , t„ - 1 1..A7 1 - SI 11 .4--, " - ,... • Grand Prairie Farmer' s Market .,„ i , - _ __ n • Farmers Branch Farmer' s Market , t • Benbrook Farmer' s Market /C.r,. . o .- c'r-- F g i C 00 �o``c ke Town S,,..7P'-,. Farmer's Markel. Impact on Southlake Supermarkets • The appeal of a Farmer's Market is different to that of a Supermarket — people are drawn to the concept of buying truly fresh products directly from those that produce it. • It is likely up to 70% of those visiting 45 � Farmer's Market will come from the surrounding cities. These customers would not have shopped in Southlake supermarkets due to the same stores being located within the communities in which they live • If each of the initially proposed farmers does $350 per week in sales (as the farmers have projected), the "loss" per week to Southlake supermarkets totals approximately $1,500. This represents less than .004% of an average full sized supermarket's sales per week. This also assumes every dollar spent atw Farmer's Market would have otherwise been spent in a supermarket .City Sales Sales Tax Revenues • The City does not receive sales tax on fresh produce sold anywhere in Southlake • The City will receive the same sales tax revenues from -* Farmer's Market that they would from Supermarkets on taxable items • The City will receive exponential sales tax revenues from patrons coming from outside Southlake • The City will receive additional sales tax from the stores at Southlake Town Square from additional shoppers that will be attracted to Town Square due to this weekly event (c,o C.__71Ag>4e �me eMa�tt Fees PaidFarm 7r Market • e s • Southiake Town Square • Vendors • ., — SUP application ($300) — Temporary vendor — Weekly banner permit permit ($25 per week) ($25 per vendor) _ — Health department 'T • le ,____ _ . .. _ �; � ' permit =r a.1 ,.. lei.,,,,,, ($100per vendor) ` : r-.*M11.- Applicable sales tax - �- on taxable items +4 lit .4.L...: :.--. "`A.i.e' , :, 141 :7"Iiike, .. I& '.5:1 l''''_*':'i'. ' i"v:1 i''r,',,:' ti h\ , ti =1 w,: ^vn /O�1ake Town SQ P- • . 0 vice . y! "+- 1 , ,tad ; `-1 ^e Fmers Mar . : t.: Et2002 Lack of Parking — Perception vs. Reality • Perception — Not unlike any small town downtown in America, many customers believe when there is no vacant street parking in front of the stores, there is a "shortage" of parking • Reality — Unlike those same small town downtowns, at Town Square, there is an abundance of parking behind the stores. In the 3 years Town Square has been opened, excluding the three Independence Day Celebrations there has never been a time when the parking spaces behind the stores in Town Square have been 100% occupied � J Available Parking • The Farmer's Market will occupy approximately 100 parking spaces • Of the approximately 1800 total parking spaces available at Town Square, an estimated 700 are designated for office tenants • 90% of the offices are closed on Saturdays leaving approximately 600 spaces unoccupied on Saturdays • Farmers market vendors will not be allowed to park their vehicles anywhere other than in the dirt lot on the east side of Ann Taylor _ • i - \. .." • .- ,_ ' - - - . _ Market Layout • • - tblakeTOIV il Sq„ • . • ,' c.,0 ,..-- ------------ .)1•., \ ( 1 . • ''.1-= ..• - 7 '-----,________ ,„ k lilt iner'S Mar'e- '--- .C;:a-ri-\1.,-\:\..\':-.\:V.'..\....\-\--.\--k;<\.:C''',7%...\12.3.,__ .__,.... . • , ' 1134 - ' ' .1 ':'.','' ., c,-11! . • )....-Is:•" r;.,., 7173' • d-.1 IT24.510PECT.67MEET ' . . 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E- %.,....00.:-..„-Re.0.1/t...,;•e,$.ti 6, ,..,-.. ,-,--"Vgir. -.;. 5. . , . ,_ • ,, . ,- .- .•. , - , . , .... . . , • • , . • • ,--(0•• .. ..--.----,..9147,.. .., ' -3 --- ,•" .....tr ...p.''\ 'C. P4rIller'S MaliCet...„.....2, 1,2002. _r - — _ n, Farmer ' s �jTw n o 'Air • �''�—�rmer's 1Vlark� Plan ` Eat2002 f oOperations • Proposed to be held July 6th — September 28th • Saturday' s 8:30 am — 3 :30 (or until sell pmthey out) Maximum number of vendors — 30 • Acceptable products able to be sold: 1. Fresh Fruits 5. Homemade gourmet 2. Fresh Vegetables a. Salsas 3. Fresh Herbs b. Honey 4. Plants c. Jellies and Jams a. Bedding plants d. Baked goods b. Hanging baskets e. Soups f. Pickled vegetables All homemade gourmet products must be prepared in commercially graded health department inspected kitchens,packaged and labeled accordingly. Farmer ' s Product Line s -f and Presentation a a (��i • Must be high quality ° • Source/origin of product must be marked • • Prices must be clearly visible • V Tainted, spoiled, or wilted products must be removed and discarded to maintain a fresh appearance • Presentation standards (i.e. vehicles and tents) will be maintained, enforced and supplied, if necessary, by Southlake Town Square ( out _ * ``\ armcr's Malta. t,c•lb2 ' More... b �r/ L ./ Farmer ' s Product Line :,,..i..,_4,,,44-.7------rir•--1-,•.,0t,•,'. Andesentation -� .�,� el ' ,' je.- 1 i ,t,..:;i ',j. '1 *. 4 *itl Continued ' �'�' ~ q .•' i - a145,41. - el �: s' a j • r ( ` `*e`� '#fit' -ham •, t--- . • Pricing must be competitive with major supermarkets ., • Weighing scales must have measurements visible to the customer • All prepared foods (such as jams and pickles) must be properly labeled according to government regulations /:.�oachxalce Town S9o��,•\ FLsMnc`.--� �K iw: . M, . : ft • /A, . a e s s of r. • }_ Environment , . • 7 41010 • Vendor practices must be in accordance with the Health Department food handling standards • Vendors will be responsible for: — Picking up loose produce — Sweeping their space both during the day and after checkout �oJd�alce Town Farmer's Markey—/ e4 sros More... ',......, 1,. .,,,' . r� pCleanliness ti4_ r Continued 4 % # 1t • No waste or trash ma be in view ew of the Consumer - • • Spo iled or left overproduce not be .,. p may disposedTown of at Southlake and must be taken home by the vendor • Vendors will be fined for clean up if they do - • not comply with regulations.. - _ Y uxateTown Squ • armor. m Itet ,..,...„..„.....•-•--'______----._..-,_-7-'7-.--......... ---------- A.Aalk 77 e TOWn S - N cibN),t1-ti. q141, ‘N\\ cp- , 1 .„,...... 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' '1714C4,11‘,%''' '11 ei 7 174i4 r . .... .. . ...._,...t..... .. ,,..... , _.....„..„... . , 'y ,, - • -- 'Ai'4°,1 ; 1 r te- . .. - * • ti.4. ,;,, .( . - ,:-..341•4 . t.....- .,-. ... ,!WTI - ,, 1,1 • ' iii- • . 1 i 0 r ‘: • 4,:f,„ —It, )„2-.szs•••• -7-,- f f----1 .1 -.:-: ; ' - :ZIA., ,^v ----` . ...„ ,,,,_ _. _, , „ •„, ..........„,....„___t_____, _ . c•-•,,.„•. • • ._ .:•.• 1 ,,a,„..- ...,-,........„-,.F.....,„,_„..„-_,:,—,_ \ , ' . ..^.' I ,ft--,-E..,- -- _,,:;,..;-:;- - "r-4_7'..... •••--• - •1 '. '''"' 41' 1•;,-,..".-.--_....... -_,.... AL,'.:,, ‘,:...e,,,•: ,,,, .,.,,..7.:,,, , - 1 - 4,3 114 .., e.erfittleVis '2:- :.• -"- R.:47 ,•idele'r ,4,-...2 C-.7, 7 .11' /I 441.,.......„.. .•• M R1i KV._-___., ... .__ --'7,4A • A r -- Cityof Southlake Department of Planning STAFF REPORT July 12, 2002 CASE NO: ZA02-042 PROJECT: Southlake Town S.uare REQUEST: Cooper&Stebbins,L.P.is requesting approval of a zoning change and concept plan. ACTION NEEDED: Consider first reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Developer's Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner's Responses (H) Ordinance No. 480-224a (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Ben Bryner (481-2086) Case No. ZA02-042 • BACKGROUND INFORMATION OWNER/APPLICANT: Cooper& Stebbins, L.P. PURPOSE: The purpose of this request is to amend the current NR-PUD zoning to allow single-family attached dwellings and full service hotels as permitted uses and to revise development regulations. PROPERTY SITUATION: The property is located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. The proposed townhouses will be east of Central Avenue and off of both sides of Main Street. The townhouses will be adjacent to the Village Center development. LEGAL DESCRIPTION: Blocks 1R,2R1, 3R1,4R, 5R, 6,7,and 8, Southlake Town Square, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development District with limited "C-3"uses. REQUESTED ZONING: "NR-PUD"Non-Residential Planned Unit Development District with hotel, 1 attached single family residential and limited"C-3"uses. HISTORY: -City Council approved a concept plan and a zoning change to "NR-PUD" on January of 1997. -The Development Plan, Site Plan and Preliminary Plat for Phase 1 was approved by City Council on August of 1997. Since that time several stages of development within Phase 1 have been completed. -Phase 2 was approved in April of 2000. -A revised site plan and a revised preliminary plat for Phase 3, Stage 1 was approved in December, 2001 to include restaurant, retail and office uses. t TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions Southlake Town Square is located on the north side of E. Southlake Blvd (FM 1709), the east side of N. Carroll Ave, the south side of State Highway 114, and west of Village Center. Main Street and Central Avenue currently exist within Phase 1 of Southlake Town Square but terminate at the east and north boundaries of Phasel, respectively. Both streets will be extended as part of future phases. New streets (Summit Ave, Elm Street, and Parkridge Blvd) will be dedicated and built with the addition of the residential dwellings. On-street angled or , parallel parking is provided. Case No. Attachment A ZA02-042 Page 1 Y Pathways Master Plan The Southlake Pathways Master Plan recommends an eight (8) foot paved, multi-use trail on the north side of E. Southlake Blvd. The trail was shown on a previously approved site plan for Block 23 (adjacent to FM 1709). WATER& SEWER: A 10" sanitary sewer line and a 12"water line run along the north side of E. Southlake Blvd adjacent to the property. P&Z ACTION: May 23,2002,Approved(5-2) subject to Concept Plan Review Summary No. 2, dated May 17, 2002, specifically amending Exhibit A, l.a., Permitted Uses: restricting "hotels" to "full service hotels" and providing a definition and deleting Bed and Breakfast lodging reference; Further, Exhibit A, 2.a., Height for Non-Residential Buildings: adding height restrictions that would allow buildings up to 90' in height north of Division Street only; And, Exhibit A, 2.f., Floor Area: increased to 2,000 sq. ft. minimum. CITY COUNCIL ACTION: June 4, 2002; Approved to Table (6-1) until the July 16, 2002, City Council meeting. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3 dated May 31, 2002. The associated development plan showing lot and building envelopes and preliminary plat showing proposed subdivision of the affected land area have been tabled until the second reading of this zoning request since both are dependent upon the zoning approval. However, since the development plan shows detail of the proposed residential layout, it has been made part of "Attachment I" of this packet for informational and reference purposes. There have been no changes to the application since last appearing before the City Council on June 4, 2002. 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KYLO lif*A+ I•„ x:. tel a lu+ma3.D t 0 H. 0 V a '`� CI - AG AG O 'oiiiv- L I L1 A WII IF 12 10 II ME:111 t5E) • dl'4A4rAL L'UFt7.11%dH • fits 3 — ca -REVISED CONCEPT PLAN 1 ultras CL.WYY41u - OJ stun ux Sd L 1.1 D i P.l x +e^ 1 ,J. Ei0'r++� P.U.D aST^ICTF- MLn. DELISl1'Y IIn) SY d _•e•1 -`4oD 1WA p y-'n4I t x '.cue t 1.v' RESIDENTIAL MED.REHS11'1 Luu bd 2 tltE�l �'rL11,.11.' SOUiNLiiG TOWN SQUARE RFSIDL.•:'17AL OFFICE COMMERI7AL oo. AL2l1. \ �y111 1 t r sl ..h. C J cxo A CLUE 12122 L'U- mJ1 A ES nzl :r. Cill Li SODURAKE LUU it nuxt ctw 1400211 OCJItTY TWS OF?'10E r s n [ t • I FAY E LW[' ls. OI71CY COMMLI COAL SP-Y SOMA7£liCL1L EYE d K e A )t}{�9— rGONSUI1 AE'1 T10NqH0-67 Em IIIc c a - { Ll1ULySrj.51u 1 C 1 li -- --^� , IWIEI•illUnlILIllH �� ,.� RFCD c�Al I P.F,t.C.f, r ._fi r cwvn c sl x E 4w•utal�5 t" rt nhnmAsaC Oles Irc.1. .UnEP .1,kC111..OHLTAillis•t 1N 74V11 .w1 rya a IMI EEfES a�YSJH)14 biJi !uI [l ilt Y f 1 L )tt E W•"•wnl�Y�~` tWUU L )•Ea)x111YTVL'E >yarl °if-'i Mom:s-�.L,t. ri In 1ryII va•Etro iu�ieln iu� '/IIlt�tt���� fAk 10191 ril•axri 1411 tN ` Gwl � - )aL.,a% 1in�1 023_— ..,,,HU.:TAo2 01E Mr nv aN»civ.w::A.to.✓..NI,:..,..!s-,M.":ax-,t<.M,-.• ., maY v m - EXHIBIT A FIRST AMENDMENT.TO . SOUT`I-.ILAKE T.OWN:SQUA.RE P.U.D. DEVELOPMENT REGULATIONS Ordinance:Number 480-224 is proposed to be amended as set forth below. The following. developmentregulations and standards shall be applicable and shall control to the. of any conflict with any other P.U.D. Development Regulations; Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. Upon .approval, the provisions below would be incorporated into a comprehensive Amended and Restated Development.Regulations for the.Southlake Town Square P.U.D. 1.0 Use Regulations a. Permitted Uses: Permitted uses are hereby amended to include the following additional uses: Full Service Hotels, which shall be defined as buildings with habitable rooms or suites which are reserved far transient guests who rent the rooms • or suites on a.daily basis, and with: (i) a minimum area of 310 square feet in each guestroom; (ii) either (a) a. full service restaurant with hill kitchen facilities providing service to the general public; or (b) provided that hotel guests have;access to not less than four (4) full service restaurants. operating within the Southlake Town: Square P.U.D., a kitchen on the premises in-which meals are prepared by the management or a: concessionaire of the management forroom service delivery;. (iii) on-site: staff required. seven (7) days a week, twenty-four (24) hours per day; and • (iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms. Residential (subject to the supplemental development fegulations set forth below) single-family attached dwellings generally in accordance with the regulations established under Section 14 of.the Zoning Ordinance, SF-20B Single.Family Residential District, as.modified herein. 2.0 Development Regulations: The following P.U.D. development regulations are amended and supplemented as set forth below. Introduction of residential uses allows the creation of residential districts within Soutlilake Town Square that are recognized as a desirable form of downtown living, and provide standards.that will protect and encourage various types of single-family dwellings within•Soutlilake Town Square. The Residential District provides minimum standards as set forth below. • a. Height. No residential building or structure shall exceed three (3) stories, nor shall it.be less than twenty feet.(20') in height or exceed fifty-two feet • (52') in height. Non-residential..buildings shall not be less than twenty Case No. Attachment C ZA02-042 Page 2 feet (20').in height nor more than fifty-two feet (52') in height; provided,. however, non-residential buildings located on blocks north of Division Street or adjacent:to Highway 114 shall be permitted up to ninety'feet (90') in height. Subject to the foregoing height restriction,.there shall be no limit on the number of stories permitted for non-residential buildings. The provisions of Zoning. Ordinance Section 43.9.c.l(h) shall not apply within the Southlake Town Square.P.U.D. b. Front Yard. No front yard shall be required. Where a front yard is provided, porches, stairs and Other architectural.elements project into such yard, up to the lot, line. The maximum front yard setback shall be fifteen feet (15'). c. Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except:on corner lots,where the side yard adjacent to the street may be-up to a.maximum,of fifteen feet(15'). d. Rear Yard. There shall be a rear yard of not less than five feet.(5'). The maximum rear yard setback shall be ten feet (10'). e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty-seven (1,687) square feet for residences with detached garages; and (b) one thousand one'hundred twenty-five (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty-two and one-half feet (22.5'): The minimum lot depth is: (i) seventy-five feet (75') for residences with detached garages; and(ii) fifty'feet(50')-for residences with attached garages. h. Floor Area. Each-dwelling.unit shall contain a minimum of two thousand (2,000) square feet of gross floor;area. • i. Maximum Residential Density: The maximum number of lots:allowed. shall be Especified'in the Development Plan filed in conjunction with a request for residential development within the P.U.D. j. Parking (i) Two (2) off-street parking spaces must be provided for each dwelling unit. (ii) One (1) on-street parking space must be provided for each dwelling unit. Case No. Attachment C ZA02-042 Page 3 k. Electrical Service. A lot for a single-family use may be supplied by not more than one electrical Utility service, and metered by not more than one electrical meter. Bpilding Limitations ( ) All residential structures (including residential garages) are required to be sprinklered; provided that a series of attached structures may b e combined and treated as a single structure. (ii) All residential structures shall be designed and built similar in character to the renderings submitted herewith. (iii) Al.! residential structures, shall have all exterior walls constructed using a masonry material covering at least eighty percent.(80%) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk-way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. M. Residential Adjacency Standards. The Residential Adjacency Standards of Section 43, Article III of the Zoning Ordinance shall .not apply to residential development within the P.U.D. Further, the provisions of Section 43. relating to non-residential development in proximity to residential development shall not apply to non-residential development within the P.U.D., unless applicable due to residential development outside the boundaries of the P.U.D. (i.e., such rules shall not apply because of the development of residential uses within the P.U.D:). The intent of this Section is to remove residential adjacency protection and Corridor Overlay regulations from the development of residential uses within the P.U.D. n. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply in the .Southlake Town Square Residential District: o. Open Space. The Common Open Space provided,within the Southlake Town Square P.U.D. shall satisfy the open space requirements for residential uses within the P.U.D. Case No. Attachment C ZA02-042 Page 4 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA02-042 Review No.: Three Date of Review: 05/31/02 Project Name: Revised Concept Plan—Southlake Town Square Residential APPLICANT: Cooper& Stebbins ENGINEER: Graham Associates, Inc. Brian Stebbins David Smith, P.E. 1256 Main Street, Suite 240 616 Six Flags Drive, Suite 400 Southlake,TX 76092 Arlington, TX 76011 Phone: (817) 329-8400 Phone: (817) 640-8535 Fax: (817) 251-8717 Fax (817) 633-5240 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/15/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT BEN BRYNER AT(817)481-2086,DENNIS KILLOUGH AT (817)481-2073,OR BRUCE PAYNE AT(817)481-2041. The applicant requests approval of the NRPUD amendments as proposed in the application. Staff recommends the following changes: 1. Regarding the area permitting 90' building heights, change"adjacent to SH 114"to refer to an area within a specific distance of SH 114,using Division Street as a reference. Additional Plan Requirements: 2. The new street south of Old City Hall must either align with the centerline of Southcrest or be off-set a minimum of 125' according to the Subdivision Ordinance. Staff recommends if not aligned that it be located in alignment with a planned median cut or be a minimum of 200' from any other driveway or street centerline. 3. Alignments of Parkridge and Division Street and Main Street must meet City Engineering requirements. Streets must be aligned so as not to conflict with driveways on development plans an site plans. 4. Main Street, east of Central must have a minimum 50' R.O.W. for residential use and 60' for commercial/mixed use according to the Subdivision Ordinance. 42' is proposed. 5. Label existing parks and proposed parks. Remove"Open Space" from City Hall site. INFORMATIONAL COMMENTS Case No. Attachment D ZA02-042 Page 1 * It appears that a portion of this property lies within the 65 LDN D/FW Regional Airport Overlay Zone,requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be.aware that prior to issuance of a building permit a final plat must be processed and filed in the County Plat Records,and a site plan, landscape plan, irrigation plan, and 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, Street,Water&Sewer Impact and Tap Fees,and related Permit Fees. • Case No. Attachment D ZA02-042 Page 2 COOPER & STEBBINS Cooper&Stebbins,,L;R,1256 Main Street,Suite 240 Southlake,Texas 76092 Telephone(8 t7 :3'294400 Facsimile (817)251-8717 May 29,2002 Mr.Dennis Killough Senior Planner Planning Department, City of Southlake 1400 Main Street; Suite 310 Southlake, Texas 76092 Re: Revised Concept Plan,and AmendedZonin:g Change:Application— Southlake Town Square—Case No.ZA02-042 Dear Dennis: Please find.attached a revised set of Development Regulations in support of our Revised Concept Plan and Zoning Change Applications for Southlake Town Square: Pursuant to our approval from the Planning & Zoning Commission on the night of Thursday, May 23, we have incorporated the following changes to the.Zoning Regulations: ■ Section l.0a.has been amended to delete"Bed and-Breakfast"as a permitted-use, and by adding a reference and definition to"Full Service Hotel"as a permitted use; ■ Section 2.0a.has been amended to allow non-residential buildings of up to 90 feet tall on blocks north of Division.Street Or adjacent to Highway 1,14(this includes.the block north of Parkridge Blvd.,as well as the•westernmost block north Oldie'future 5-'acre park); ■ Minimum gross floor area has been raised'from 1.,500 sf to 2,000.sf in Section 2.0f.; and •■ We have expanded Section 2.0i. (Building Standards) to include' a design standard (referencing the previously -provided renderings to establish design intent) and to incorporate a minimum 80%masonry standard. The approval by Planning&Zoning included recommendations raised in Review Summary No. Two dated 5/17/02. Pursuant to our discussions on Tuesday, our comments to Review Summary No. 2 are as follows(organized in the order raised.in the Review): 1. Agreed(see revised.Development Regulations,attached). 2. Agreed(see revised Development Regulations,attached). 3. As we discussed, landscape requirements for each district Within Town Square are individually reviewed. We.believe:that'we have provided sufficient landscape details in. support of the proposed Brownstones, and therefore respectfully request approval as submitted. 4. We will address the new street south of Old City Mall concurrently with the submission of a Site Plan or revised.Plat for that portion of the site. Case No. Attachment E ZA02-042 Page 1 Dennis Killough • May 29,2002 Page 2 5. We will address the alignment of Division Street concurrently with the.submission of a Site Plan or revised Plat for that portion of the site. We request that Parkridge Blvd. be approved as submitted. 6. As discussed at the Planning and Zoning hearing, we have added an additional eight feet (8') of RO.W. to Main Street,:to provide a fifty foot(50')right-of-way width. 7. Agreed. Changes to the Concept Plan will be made as noted above, and.submitted under separate cover. We believe that the above is responsive to the conditions.to approval, and to the comments raised in Review Summary No. Two,.and look forward to the City Council's-review and consideration of the Revised Concept Plan and Zoning Change Applications at their meeting on the night of Tuesday,June 4. Pursuant to our conversations on Tuesday, we acknowledge that the Revised Concept Plan and Zoning Change Applications will require 2 readings before the Council, and accordingly request that the City table our associated .Revised Preliminary Plat and Development Plan Applications until the.next scheduled City Council.meeting on June 18. We understand that.these Applications will be heard together with the second reading of the Revised Concept Plan and Zoning Change Applications on June 18, and will submit revised materials in support of those applications on or before Monday, June 10, incorporating those comments raised in your Review Summaries of May 17 except as noted in our discussions this past Tuesday. Please advise if you require these changes prior to June 10. . Please feel free to call me or Brian Stebbins should you have, any questions or comments regarding the above. Sincerely, Frank L.Bliss Executive Vice President • Cooper& Stebbins,L.P. • Case No. Attachment E ZA02-042 Page 2 Cooper &Stebbins.,L.P. A number of concerns have been expressed recently regarding die.:proposed Brownstone residential development at Southlake Town Square. In an attempt to clarify the record, Cooper& Stebbins would like to address the issues (perceived or otherwise)raised thus far. 1. "Developer requests multi-family(MF-2) zoning in Southlake Town Square." No multi-family zoning (which accommodates multiple families in a single residential dwelling) has been requested or is required. Single family zoning has been requested. Each Brownstone residence will be separately-owned and will occupy its own legal lot. 2. "Unprecedented density— 1.13 houses On 9.5 acres (12 units/acre). " 9.5 acres represents the actual lot area proposed. The method of calculation used to determine density throughout the City includes the total land area, not the net lot area. For example, Timarron's density of 2 units per acre is derived by including the golf course and all streets, sidewalks, and other open space and amenities, in addition to the lots-themselves. The density in Timarron would be much greater if calculated on the.net lot area. The total area proposed for the Brownstones is approximately 20 acres, including streets, open space and the land for an immediately adjacent 6-acre park that will be dedicated to the City at no cost to the taxpayer. 3. "Opens door for more multi-family in Southlake. " This is not a request for multi-family zoning. The single family residential offering being proposed is only viable due to its immediate adjacency to the downtown. Nowhere else in Southlake does this adjacency exist. As well, residential product within Town Square is defined— and confined — by-the P.U.D..boundaries already in place. We believe for these two reasons that no precedent is set for any areas-outside of Town Square. 4. "NO CISD tax revenue to educate additional students.'" This statement is simply wrong, CISD will'have full benefit of all tax revenues accruing to it from Case No. Attachment E ZA02-042 Page 3 the Brownstones. CISl3.4ax<revenues may not be used for Town.Square development. As designated by CISD, its revenues are reserved for use..on school-projects within the TIF zone, such as the recently completed Old Union Elementary, Eubanks Intermediary and the Football Stadium. CISD revenues front Town Square are currently estimated..at $1.6 Million per annum as a result of development already in.place. In fact, Town Square tax revenues provide an advantage to CISD, inasmuch as the TIF tax base is exempted from Robin Hood calculations. 5. "Violates Ordinance protection from overhead jet noise for residents." The Brownstones are located within the 65 LDN Zone, within which residential development is allowed (a number of which already exist in Southiake). Any additional sound attenuation requirements will be met or exceeded. 6. "No protections from commercial development. " We have requested waiver of the residential adjacency standards of Section. 43 of the Zoning Ordinance. Handling these adjacencies within the P.U.D. requires a revised approach than contemplated under the existing Zoning Ordinance (just as Town Square itself required a revised approach, which led to the adoption of new downtown rules and regulations to allow its development). Appropriate residential adjacency protections have been incorporated into the development plan, and are being incorporated into the design of the homes themselves. 7. "Replaces prime commercial with residential." The P.U.D. always contemplated up to 10% residential uses, the request for which is allowed under the Zoning Ordinance. The site proposed is not (and was never planned to be) a retail site. Although it has been considered for office development, the challenging topography strongly favors residential development. As to comparative tax revenue generation,. the proposed residential development is expected to generate equivalent tax revenues to office development. 8. "Possible City budget shortfall of$3.3 Million does not make this proposal financially prudent." The revenues accruing to the City, County and CISD from the:Brownstones are equivalent to the revenues:that commercial office could generate (projected at over $1.0 Million per annum) The readiness, of this market for development:— and the corresponding weakness,in the current office market-is a strong argument in favor of approving this proposal. 9. "Town Square was given tax breaks to bring in economic(sales tax revenue), not residential." Town Square was not given tax breaks; the TIF uses only those taxes=generated as a result of new development within the District. The Town Square TIF was entered into in order to provide incremental public financing in support of the construction of the downtown, and was necessary to. fund the incrementally higher costs of incorporating: the public infrastructure and amenities inherent to a downtown district. TIF revenues are being used to fund Town Hall, CISD school improvements.(to date, two new schools and the football stadium), roadway improvements, and utility. infrastructure (both inside and outside .the.Town.S.quare): With over $6.0 Million of tax revenues generated to date, and with annual revenues now approaching $.3.4 Million per annum, Town'Square has become an important economic engine for the City. A stated goal oftlle TIF.is to encourage quality commercial development along the.Highway 114 Case No. Attachment E ZA02-042 Page 4 corridor. The TIP plan contemplated that 29% (720,000 sq. ft.) of total square footage ultimately developed would,be comprised of retail°— or sales tax revenue: generating.-°uses. Prospective retailers, restaurants :and office tenants have cited: the Brownstones as:a positive factor in their consideration.of a Town Square location. The Brownstones do not take land away from retail uses,but rather provide;an economically viable alternative to office development,and an important attraction to the development of new retail and office opportunities 10. "Taxpayers (not developer) will pay for streets, water; sewer or Sidewalks." The taxpayer does not pay the up front cost of streets, water, sewer or sidewalks developed within the TIF. Rather, the.TIF has been structured to require the Developer to fund the upfront,cost of improvements, and to allow reimbursement from the establishment of an otherwise unavailable tax base. Eligible reimbursements include 40% of the cost of streets, sidewalks and associated infrastructure, and 100% of the cost of park improvements (interestingly, no'provision was made to allow SPDC revenue to fund park costs, although Town Square sales taxes currently generate in excess of an estimated $350,000 per annum to the SPDC fund). To date, the Developer of Town Square has spent over$8.5 Million on the construction of public streets, sidewalks,parks and other public improvements, of which$4.5 Million is reimbursable under the TIF. 11. "Adds residents but no taxes to pay for services." The Brownstones are expected to generate substantial excess revenues after accounting for the reimbursement of eligible TIF improvements. Projected revenues exceed the anticipated cost of services to the residents. 12. "Causes increased residential traffic, school buses,garbage trucks, etc." The traffic impact analysis provided to the City shows that the Brownstones will generate substantially less traffic than a corresponding office development would bring. We'd appreciate the opportunity to discuss the items raised herein, and any other questions relating to the Brownstone proposal. Please contact either Brian Stebbins (hm. 817-488-2377) or Frank Bliss(hm. 817-421-4738)or at our office 817-329-8400 if we can provide further clarification or information. Case No. Attachment E ZA02-042 Page 5 (' Surrounding Property Owners Southlake Town Square Y I. i ill 2 z4 0 2 DION 45 Is!:7:31-‘';:l' ',g',';lif:-.-.1\!J.K'''''!.:',:t21;',:i.i.;„!,:,:iiy,..,,',,,„ us li 't" +..t 1'a iwS vet & 4 ,- 1 xv ,,..,,,,,,4 'N,'.-,+4° ..;'''?...,-.`1"":,..,4r.:.%.,*-7$4,t4;:*.,f7,,, mi 1 . . 8 d[:,1 ,,,a...,c.,,;.1:k`•':4::.'IN';;-:,:',:-, ^,,','" •4'':4.!::.:.''.9°.;.::: ''':-;:::, :r-,. . 1 ; tma. ssursac�sr ,k r,,, °f' ..-,.;,*'-,-, 4. i x ' 26"Iiiiiiqup, 1 1 ry�z y,,p.'4 :'A ' KCR Ra'rt ie`` g,A' -F «£ 5r .:c.� li • 1 'MUM" F , 1 �� MI Fu 1rm EGSYSQULHtAKE! I 16 17 18 192G 21 l ii Owner Zoning Land Use Acreage 1. Greenway Carroll 1. C3 1. Retail Commercial 1. 10.0 2. City of Southlake 2. CS 2. Mixed Use 2. 2.68 3. Carroll Partners 3. 01 3. Office Commercial 3. 2.89 4. Genesis Financial Grp 4. 01 4. Office Commercial 4. 1.00 5. First Flatiron Inc 5. 01 5. Office Commecial 5. 1.02 6. Flagstaff Partners Lp 6. 01 6. Office Commercial 6. 1.67 7. ' Mystere Ent Inc 7. 01 7. Office Commercial 7. 0.89 8. R.Reece 8. SF-20A 8. Med.Density Residential 8. 0.46 9. M.Wright 9. SF-20A 9. Med.Density Residential 9. 0.53 10. B.Paulsen 10. SF-20A 10. Med.Density Residential 10. 0.47 11. Mendez Ltd 11. AG 11. Med.Density Residential 11. 3.00 12. J.Strunk 12. AG 12. Med.Density Residential 12. 3.00 13. Southlake Venture 13. NR-PUD 13. Med.Density Residential 13. 0.25 14. Southlake Venture 14. SP2 14. Med.Density Residential 14. 0.51 15. Greenway Rowlett 15. SP2 15. Med.Density Residential 15. 1.17 16. A.Prade 16. AG 16. Med.Density Residential 16. 18.0 17. S.Carro11/1709 Ltd 17. SP2 17. Office Commercial 17. 29.1 18. Tx.Health Resource 18. SP2 18. Office Commercial 18. 12.6 19. E.Taylor 19. 01 19. Office Commercial 19. 1.52 20. P.Bruton 20. SP2 20. Office Commercial 20. 1.00 21. Z&E Land 21. C2 21. Office Commercial 21. 1.03 22. G.Miron 22. C2 22. Office Commercial 22. 0.51 23. 98 HM Southlake 23. C3 23. Retail Commercial 23. 2.27 24. First Security Bank 24. C3 24. Retail Commercial 24. 4.68 25. The Shamrock Pipeline 25. C3 25. Retail Commercial 25. 0.70 26. HD Development 26. C3 26. Retail Commercial 26. 11.5 27. C.Peterka 27. C3 27. Retail Commercial 27. 2.06 Case No. Attachment F ZA02-042 Page 1 Surrounding Property Owner Responses Southlake Town Square Notices Sent: Twenty-four(24) Responses: Five (5) were received from outside of the 200' notification area: Subuhi Husain, Southlake, Tx. is opposed. (Received May 29,2002) See Attachment Diane Sarpalius, Southlake, Tx. is opposed. (Received May 24,2002) See Attachment Robert D. Neil, Soutlake, Tx., is opposed. (Received May 24, 2002) See Attachment Karen Lyman, 1410 Bentley Court, Southlake, Tx. is in favor. (Received May 31, 2002) See Attachemet Daphne Shipowitz, 1300 Lakeway Dr. Southlake Tx. is in favor." Dear City Council Members, I am asking each of you to please support the proposed Townhomes in Town Square. After reviewing the plans myself, I believe these to be a wonderful addition to Town Square and the City of Southlake." (Received June 4, 2002) • Case No. Attachment G ZA 02-042 Page 1 Lorrte Fletcher From: subuhi husain [subuhihusain@yahoo.com] Sent: Wednesday, May 29, 2002 11:12 AM To: Ifletcher@cityofsouthla ke.com Subject: residential zoning I as.a Southlake resident protest comercial zoning area to be used for residential housing Subuhi.Husain subuhihusain@yahoo.com Do You Yahoo!? Yahoo! - Official partner of 2002 FIFA World Cup Case No. Attachment G ZA 02-042 Page 2 • • Lorrie,Fletober From: Sarpalius.,Diane[dsarpalius@kprng.com] Sent Thursday, May 23',2002 5:12.PM- . To: 'Ifletcher@cityofsoutflake.com' Subject: Planning&Zoning Meeting Tonight Lori: • I would like to voice my opposition to multi-family, high. density housing in Southlake. It is my understanding that there is a meeting tonight and. I would like very much for my opposition to be noted. Diane Sarpalius Administrative Assistant to Ross Garrity / Kent Pennington KP.MG Consulting / 972-373-7415 / 972-373-6442 FAX * ****:*.*****k********* `*******************'k*************k*.*'*'***Yr*.***.rn****** The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized. If. you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken, in reliance on it, is prohibited -and may be unlawful. When addressed to our clients any opinions or advice. contained in this email are subject to the terms and conditions expressed. in the governing KPMG client engagement letter. \ ' • • • • Case No. • Attachment G ZA 02-042 Page 3 Lor-rie.Fletcher From: rneil3017@msn.com Sent: Thursday, May 23, 2002 6:46 PM To: Ifletcher@cityofsouthlake.com Subject: Multi Family Housing Proposal Council Members - I am totally: opposed to•the .multi-family housing proposal for Southlake Town Center. That property is the absolute prime location for commercial retail establishments, and as such, should. be limited to these types of businesses. Allowing multi-family units there would in no way help us reduce the $3.3 million budget shortfall. Additionally,such dense housing would require even more schools and contribute an inordinate amount of additional traffic to clog already congested roads. To approve this project would only make the developers very wealthy, and leave the residents with wall to wall houses, impassible roads and even higher taxes. Reject this proposal immediately. Please pass a copy of this email to all the council members prior to discussion of.this issue. Robert D. Neil Bob REC'D MAY 2 4 2002 Ui Case No. - Attachment G ZA 02-042 Page 4 ( Lorrie Fletcher From: Kfl:1410@aol.com Sent: Friday, May 31-, 2002'1:00 PM To: Lfletcher@cityofsouthlake.com Cc: bstebbins@southlaketownsquare.com Subject: Southlake Towne Square Brownstone Project To: Southlake City Council From: Karen Lyman (Southlake resident) I am disappointed that I will be out of town and unable to attend your Tuesday, June 4th meeting regarding the brownstone project. However, I am listing the reasons why I urge the Council to strongly support this project and encourage its.development. My family and I have been residents of Southlake for almost 7 years. We have grown to love this community and our neighbors and have made a conscious decision to make it our permanent home. We have-a vested interest not just in real estate values, but in the style, character, quality and personality of Southlake. Before Towne Square, Southlake was a nice bedroom community just like many others and when we heard about its development,we looked eagerly forward to j having shopping available. Towne Square is so incredibly above and beyond "shopping and restaurants", its character, ambience and facility for bringing. our community together has created a national standard as featured in numerous publications. My new neighbors used to all say"we moved here because of the schools". My next door neighbors.who arrived in-the last year with no children at home"moved here because of Towne Square". Towne Square has distinguished Southlake from Colleyville, Grapevine, etc. with its growing charm and quality and contributed to making this a more desirable community to purchase a home in and live in. We love to travel and shop wherever we go and I am astounded how in a few short.years Towne Square outshines many cities historic districts.that place have proudly cultivated over many decades. Furthermore,when our child goes to college, should we no longer want the upkeep; I surely hope that we will have those brownstones as an option to stay in this city we're so fond of. Cooper and Stebbins-has demonstrated only quality, high standards, concern for our community: They should be applauded for what they have done and enthusiastically encouraged to bring this brownstone project to fruition. Sincerely, Karen Lyman 1410 Bentley Court C ' MAY 200 817/481-9542 REC U • f U Case No. Attachment G ZA 02-042 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 4$0 224a 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 LEGAY DESCRIBED AS BLOCKS 1R, 2R1,3R1, 4R,5R 6,7,AND 8,SOUTHLAKE TOWN SQUARE, AND TRACTS 3, 3A,F2A5,'AND2A, SITUATED IN THEe RICHARD EADS SURVEYABSTRACT NO 481 AND'BEING APPROXIMATELY 105 05 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM `�NR-PUD" NONRESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO izNR PUD"NON RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "C 3," GENERAL COMMERCIAL DISTRICT USES "AND ANCILLARY SINGLE-FAMILY RESIDENTIAL ~USES AS DEPICTED ON THE APPROVED.CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Attachment H ZA02-042 Page 1 WHEREAS, the hereinafter described property is currently zoned "NR PUD" Non Residential Planned Unit,Development_District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed ' use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off- street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the Case No. Attachment H ZA02-042 Page 2 amendments, and that the zoning changes do not unreasonably invade the`ights 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: Case No. . Attachment H ZA02-042 Page 3 Being Blocks 1R, 2R1, 3R1, 4R, 5R, 6 7,and5,8, Southlake Town Square, an addition to • t the Cary' of Southlake, Tarrant County', Texas as=recorded in the Plat Records, Tarrant - r County, Texas in Cabinet A, Slides 6888 6889 and Slides 48N2 4893, P R T C T , and Tracts 3", 3A�, 2A5, and 2A, situated in the Richard Eads Survey, Abstract No 481, and being approximately 105 05 acres,more fully and completely described in Exhibit"A" from NR PUD Non Residential Planned Unit Development` District to "NR.-PUD" `Non- Residential Planned UnitsDevelopment District with "C 3 "General CommercialuDistric uses and ancillary single ami yresidential,,uses as depicted on the approved Concept Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. S • 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 Case No. Attachment H ZA02-042 Page 4 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending Case No. Attachment H ZA02-042 Page 5 litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not .'. be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required 1 by law, and it is so ordained. �._ PASSED AND APPROVED on the 1st reading the day of , 2002. MAYOR • ATTEST: ACTING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2002. ,• Case No. Attachment H ZA02-042 Page 6 MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • Case No. Attachment H ZA02-042 Page 7 EXHIBIT "A" Being Blocks �R 2R1,3R1;4R, SR;6, , and$ Southlake Tawn Squr , an addition to the City of Southlake, Tarrant County, Texas as recorded in the Plat Records, Tarrant County, Texas rn Cabinet A Sides 6888 06889;and Siides 4892 4893, P R T G T and Tracts 3;3A,'2A5,and ZA,°Sttu�ted 1n the Richard Eads Survey, Abstract No„ 481, andFbe�ng appra unat ly 105 OS acres. NOSY E tE.C=x - W Yh . Y This space reserved:for.Metes &Bounds-description t/1 Case No. Attachment H ZA02-042 Page 8 , N f7 • ca ore' . Net' • . O N • Lllll x �/ 1/4:\,� J �I."u17 sa^'i'' €� �y_ ___,.—.—•— IRETAIL COMMERCIAL\� .,° c▪ N, rifeh up, 1'-.[ _ GCF]iiaI glat OIL.immull °3'e \ !! 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AD fn , 11 E / r i/�, � ://: i,_ t� z3 LF-3 z arb tea •s irar a us•t wu.ra.Ar u°ef )[[:r1 rc r a s:s c[' er.Po i.uct , I ,e 1 t . 11 ti 'ue t [Pi'E.,L•.M.sst yi+"Yft y P .t •v �� I 11 ,� •• 'r'Pi/��7} •�m1¢ '� Il)li� F Y PIID _S 6 1HiNL.YEntf�t iiyl lAC' Ylin[pIY Y P_ :l)5 I 1 L ear? • ' -.l`._—▪ .. _ .A/,f/i rf/// i'0•,"t//1.1 • 'r� '•t"f61L COMMERCIAL r 117w i B~1_— I�T3 _� YTS-.o.iFe t2 •-•..,c-. j - e[. 1 v.4' U e C•TLS .7;`'e AC t .+'''•M�-- t!'T�'Mf!/�/ 1'—'yc' r�'L��� - _— is n m vlc,:G (r • }L ff j� P i //' 2t .of s. ue tv)t P- 4w e ..\ : I,c lance I4 !T J I' cuP6, Vat..1 l 7 ,A �3: ,%3r'";'Fr'-'I "yam) e 1 e m.tLr'a.11-sailiaa a a 154,11,.. �- Si Fa It J s..T'. 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PDT or SDUIIW I t 1 • ]Gll� CAS 1LL 1•.•,t I.1;S= r.. 1 can uct L.P. • TAHMIti G'fUf1fY TEXAS 1.-/"1 OF LOL' r e urt [.u,L u. MAY P.1102 __ 1r I OFFICE COMMEROIAI 8I-1 tDRa •to __..__ m GL•ILJII ADDII'1DrI .(1L1 117 COMA LRUnI cnr a /) A:,C.; 12 r.._ '� I 1 6E.l111ai. L11 ' )T,; . gECCIMAY , ZCO _ tGt CAW!K i 4v w t. if.... atkm A setta�e51n. I, 1c1 ua T rvi�staruat;,4:.Su C£ pup M/ FdePIfLFPt kfililfi'WRY p p d1 s L ie':Ss B '=•s I� I,t Itftlili+1-6>II rY. 1)t SlS•tryJam''�� to n ci • cum Ra,izaca Ds ,.,.......,, ram,.,.: VDx EXHIBIT A FIRST.AMENDMENT To SOUTHLAKE TOWN SQUARE • P.U.D. DEVELOPiMENT'REGULATIONS Ordinance Number 480=224 is proposed to be amended as set forth below. The following development regulations and standards•shall be.:applicable and shall control to the extent of any conflict with any other P.U.D. Development Regulations, Comprehensive Zoning Ordinance, Landscape Ordinance and. Subdivision Ordinance. Upon approval, the provisions below would be incorporated into a comprehensive Amended and Restated Development Regulations for the Southlake Town,Square P.U.D. 1.0 Use Regulations a. Permitted Uses: Permitted uses are hereby amended to include the following additional uses: Full Service Hotels, which shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms • or suites on a daily basis, and with: (i} a minimum area of 310 square feet in each guestroom; (ii) either (a) a full service restaurant with full kitchen facilities providing service to the general public; or (b) provided that hotel guests have access to not less than four (4) full service restaurants operating within the Southlake Town Square..P.U.D., a kitchen on the premises in which meals are prepared by the management or a concessionaire of the management for•room service delivery; (iii) on-site staff required seven (7) days a week, twenty-four (24) hours per day; and • (iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms. Residential (subject to the supplemental development regulations set forth below) single-family attached dwellings generally in accordance with the regulations established under Section 14 of the Zoning:Ordinance; SF20B S:ingle.Family Residential District, as modified herein. 2.0 Development Regulations: The following P.U.D. development regulations are amended and.supplemented as set forth.below. Introduction of residential uses.allows the creation of residential districts Within Southlake Town Square that are. recognized as :a desirable.form of downtown living, and provide standards that will protect and encourage various types of single-family dwellings within Southlake Town Square. The Residential District provides minimum standards as set forth below. a. ,Height. No residential building or structure shall..exceed three (3) stories, nor shall it be less than twenty feet(20') in height or exceed fifty-two feet (52') in height. Non-residential buildings shall not be less than twenty l Case No. Attachment H ZA02-042 Page 10 feet (20') in height nor more than fifty-two feet (52') :in height; provided, however, non-residential buildings located on blocks north. of Division Street or adjacent to Highway 114 shall be permitted up to ninety feet (90'). in height. Subject to the foregoing height restriction, there shall be no limit on the number of stories permitted for non-residential buildings. The provisions of Zoning.Ordinance Section 43.9.c.1(h) shall not apply within the Southlake Town Square:P.U.D. b. Front Yard. No front yard shall be required. Were a front yard is provided,porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be fifteen feet (15'). c. Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots,where the side yard adjacent to the street may be up to a maximum of fifteen feet(15'). d. Rear Yard`. There shall be a rear yard o.f not less than five feet (5'). The maximum rear yard setback shall be ten feet(10'). e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a lot shall be. (a) one thousand six hundred eighty-seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty-live (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty-two and one-half feet (22.5'). The minimum lot depth is: (i)seventy-five feet(75') for residences with detached garages.; and (ii) fifty feet(50') for residences with attached garages. h. Floor Area. Each dwelling:unit shall contain a minimum of two thousand (2,000) square feet of gross floor area. i. Maximum Residential Density. The maximum number of lots allowed shall be specified in the Development Plan filed in conjunction with a request for residential development within the P:U:D.. j. Parking (i) Two (2) off-street parking spaces must be provided for each. dwelling unit. ( (ii) One (1) on-street parking space must be provided for each dwelling-unit. s - Case No. Attachment H ZA02-042 Page 11 k. Electrical Service. A lot for a single-family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. 1. Building Limitations (i) All residential structures (including residential garages) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. (ii) All residential structures shall be designed and built similar in character to the renderings submitted.herewith. (iii) All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (30%0).of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk-way covers. "Masonry materials" shall, mean and include brick, stone, rock or other masonry materials of equal characteristics. m. Residential Adjacency Standards. The Residential Adjacency Standards . of Section 43, Article III of the Zoning Ordinance shall not apply to residential development within the P.U.D. Further, the provisions of Section 43 relating to non-residential development in proximity to residential development shall not apply to non-residential development within the P.U.D., unless applicable due to residential development outside the boundaries of the P.U.D. (i.e., such rules shall not apply because of the development of residential uses within the P.U.D.). The intent of this Section is to remove residential adjacency protection and Corridor Overlay regulations from the development of residential uses within the P.U.D. n. Curvilinear Streets. The curvilinear street standards specified 'in. the Subdivision. Ordinance: shall not apply in the Southlake Town Square Residential District. o. Open Space. The. Common Open.Space provided.within the Southlake Town Square. P.U.D. shall satisfy the open space requirements for residential uses within the P.U..D. Case No. Attachment H ZA02-042 Page 12 EXHIBIT "C" This page reserved':for=the City'Council motion. • • . Case No. Attachment H • ZA02-042 Page 13 City of Southlake, Texas MEMORANDUM July 11, 2002 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Community Services Director(ext. 1527) SUBJECT: Resolution No. 02-045, Authorizing staff to apply for a Texas Forest Service Urban Forestry Partnership Grant related to a study for the proposed Nature Center Action Requested: City Council approve Resolution No. 02-045 and authorize staff to apply for the Texas Forest Service Urban Forestry Partnership Grant Program. Background Information: In December 2001, the Nature Center Development Committee was formed by Park Board to initiate the recommendation process for the development of a Nature Center at Bob Jones:Park. Beginning to meet in January 2002, the Committee has developed work groups and has established relationships with professionals in various fields relating to nature centers, conservation, and preservation. One of the work groups is Site Assessment. The Texas Forest Service grant will provide funds to be used for a study that will assist in the site assessment process. The Texas Forest Service Regional Forester, Courtney Blevins, has certified the application. Upon any award of the funding, the Committee would like, to send out the bid packets as soon as possible after October 1, 2002 with the planned survey to be executed in Spring 2003 and the final analysis received by Summer 2003. The end result will be a report with a baseline assessment of the vegetation, the photo-documentation, and site recommendations for the proposed Nature Center and uses that help ensure preservation and protection of identified sensitive habitats. Financial Considerations: The funding source is a 50/50 matching funds reimbursement grant, with the city responsible for $4,000 in local cash and $2,000 of in-kind donations. Funding of $10,000 is available in the SPDC CIP budget for the Nature Center. Citizen Input/ Board Review: The Nature Center Development Committee recommended application for the grant. The Committee Chairperson and the Site Assessment Work 6 1' Billy Campbell July 11, 2002 Page 2 Group leader have reviewed the grant and recommended that staff proceed with the submittal review.process. At the June 8, 2002 Parks and Recreation Board meeting, the Board voted (5-0) to make a recommendation to City Council to authorize staff to apply for a Texas Forest Service grant in the amount of$6,000 with a City match of$4,000 in funding and $2,000 in in-kind donation to be used to commission a site assessment survey and study of the Bob Jones Park and Corp property. SPDC will consider this item at their July 16 meeting prior to Council. Legal Review: Not applicable at this time. Alternatives: City Council discussion as to appropriateness of grant. Supporting Documents: Resolution No. 02-045 2002 Texas Forest Service Urban Forestry Partnership Grant Executive Summary Staff Recommendations: City Council approval of Resolution No. 02-045 authorizing staff to apply for a Texas Forest Service Urban Forestry Partnership Grant related to a study for the proposed Nature Center. RESOLUTION NO. 02-045 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS FOREST SERVICE , HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS FOREST SERVICE URBAN FORESTRY PARTNERSHIP GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED FUND FOR A SITE ASSESSMENT SURVEY AND STUDY OF THE BOB JONES PARK AND CORP PROPERTY FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the Program (Section 24 of the Parks & Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; NOW THEREFORE BE IT RESOLVED BY THE Applicant: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Applicant hereby authorizes and directs its Director of Community Services to act for the Applicant in dealing with the Department for the purpose of the Program, and the Director of Community Services is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department concerning a site assessment survey for the site known as Bob Jones Park and the Corp of Engineers property in the City of Southlake, which are hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. Resolution No. 02-045 July 16, 2002 Page 2 PASSED AND APPROVED on this the day of , 2002,by the City of Southlake. APPROVED: Rick Stacy, Mayor ATTEST: Kim Bush, Acting City Secretary PART II: EXECUTIVE SUMMARY The Nature Center Development Committee, a committee created by the City of Southlake's Park Board, is exploring the feasibility of a nature center at Bob Jones Park. The 200-acre area at the park is a remnant of the Eastern Cross Timbers / Post Oak Savannah. The site assessment survey will include mapping and evaluation of the habitat and recommendations of sites for placement of structures related to the nature center. PART III: ORGANIZATIONAL GOALS 1. Overall mission of organization To create and maintain a high quality of life, the City of Southlake is committed to the cultivation and management of trees for their present and potential contributions to the physiological, sociological and economic well-being of the community. With the guidance of the Park Board, the City ensures the development and maintenance of • open space and recreation areas for its residents. To initiate the process of establishing a nature center, the City's Park Board created the Nature Center Development Committee to set goals and objectives and make recommendations for implementation. 2. Members / Constituents Included in the exploration process is the City's Park Board, consisting of seven (7) members, and the Parks Department. The Nature Center Development Committee includes: two (2) Park Board representatives, two (2) members of Keep Southlake Beautiful representatives, one (1) environmental science teacher/ lay person with an environmental background, and seven (7) members from the general public. The Nature Center Development Committee is consulting with a number of professionals in the environmental and nature center fields and is planning to organize a "Friends of the Nature Center" organization. 3. Role of the Organization in Promoting Urban Forestry in the Community The City is dedicated to the planning, establishment,protection and management of trees and associated plants, individually, in small groups, or under forest conditions within the community and through out the entire metroplex area. Promoting conservation of existing trees and wooded areas, the city also encourages the community to take an active role in tree planting and conservation for the continued improvement of the economic and aesthetic value of community. Southlake has been a Tree City USA for five years and has received a Growth Award for four consecutive years. The site of the nature center at Bob Jones Park is surrounded by residential areas, Corps of Engineer property, youth game fields, and Lake Grapevine. It is subject to the encroachment of the urban environment. Taking on the task of developing recommendations fora nature center, the Nature Center Development Committee has been researching the value of a nature center in Bob Jones Park for preservation of the post oak savannah and creation of educational programs for the citizens. This remnant of an ecosystem includes native trees and understory vegetation which are critical to clean air quality, storm water runoff, and animal habitats including at least three (3) endangered species. The Committee has been speaking to a number of consultants such as Texas Parks & Wildlife, Botanical Research Institute of Texas (B.R.I.T.), the Army Corps of Engineers, and representatives from area nature centers, such as the Heard Museum, LISDOLA, the Fort Worth Nature Center, and River Legacy to understand the contributions of the ecosystem to the quality of life and the importance of education. The City is also leasing 220 contiguous acres from the Corps of Engineers. The Corps property has already been professionally evaluated and deemed of high quality, and our planned assessment will dovetail with and complement the Corps' study. 4. How does the project help your group achieve its mission? The grant and matching funds will assist in the hiring of a professional consultant to obtain a habitat mapping on the City's 200 acres, along with an analysis and a report to show presence and absence and the relative abundance and concentration of species, to develop an understory inventory, to evaluate the health of the vegetative cover, and determine environmentally sensitive areas. The survey will assist in assessing where possible related structures and trails could be placed with the least possible disruption to environmentally sensitive habitats. 5. What will be the long-term benefits to your organization and the community be? By understanding the ecological makeup of this area, the Committee will be able to provide the most in-depth and professional recommendation for the potential preservation of this remnant of the Eastern Cross Timbers. With a detailed baseline vegetative assessment, the decision on future building(s) / structures /trails and future management of the property will be better understood and enhanced The preservation of trees and accompanying understory, are critical to air and water quality. With the gradual disappearance of the entire Cross Timbers system, education is even more critical. The education programs will reach citizens of all ages and knowledge levels about the environment and include citizens from Southlake and throughout North Texas. PART III: PROJECT WORK PLAN 1. Project Evaluation The Site Assessment Work Group of the Nature Center Committee along with the Parks Department will develop a bid package to include the expected outcome of the survey and analysis. The Committee would like to send out the bid packets as soon as possible after October 1, 2002 with the planned survey to be executed in Spring 2003 and the final analysis received by Summer 2003. During that time period, committee and community volunteers will assist with additional species identification and photo-documentation. The City of Southlake Parks Department and Nature Center Committee will oversee the project. The end result will be a report with a baseline assessment of the vegetation, the photo-documentation, and site recommendations for structures and uses that help ensure preservation generally and protection specifically of identified sensitive habitats. 2. Participants Participants in the project will include the professional consultants who will -- conduct the survey, City of Southlake Nature Center Development Committee members with the development of survey goals, assess survey goals and assisting consultant as needed, the City of Southlake Park Board, the City of Southlake Park Development Corporation which will assist with funds, community volunteers who will assist with the species identification and photo-documentation. 3. Use of Federal Funds The grant funding of$6,000.00 will be used to assist with the hiring of the professional consultants. Additional cash of$4,000.00 from the Southlake Park Development Corporation will be used to assist with the professional fees. 4. In-Kind Contributions The City of Southlake will provide a portion of the funds through the Southlake Park Development Corporation. Personnel: Volunteer and City Employees -- $20 / hour for adult volunteers Committee members and city staff working with survey and consultants 90 hours x $20 = $1,800 Office expenses: None Travel: None Supplies and Materials: $200 for office supplies — paper, digital camera disks, etc. Equipment: None Professional Services: None Contractual: None 5. Project Communication A work group of the Nature Center Development Committee is "Community Awareness." This work group is charged with informing the community of the process in the development of the nature center. Working with the City's Public Information Officer, this work group will produce press releases, sponsors speakers, fliers, website, cable, etc. to get the word out about the center and the project. - City of Southlake, Texas MEMORANDUM July 10, 2002 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x 1527) SUBJECT: Resolution No. 02-046, Authorizing Staff to Apply for a Telecommunication Infrastructure Fund (TIF) Grant for Southlake Public Library to Enhance Public Internet and Workstation Access Action Requested: Authorize staff to apply for the Telecommunication Infrastructure Fund (TIF) Grant for Southlake Public Library to enhance public Internet and workstation access. Background: The Telecommunications Infrastructure Fund Board announced the availability of approximately $1.5 million in non-competitive grants for Texas libraries that have never benefited directly from a TIF grant. The primary purpose of the proposed grant is to enhance public Internet access. Allowable items for the grant include telecommunications installation/configuration, system software, workstations, cabling, digital cameras, scanners, and servers. The Southlake Public Library is eligible for Program B of the TIF LB 11 grant. Program B participants are identified as those who have the resources to sustain a T-1 connection after the grant period expires. Currently, Southlake Public Library has a full T-1 connection to the Internet. The purpose of the project is to enhance public Internet access to the TexShare databases and other Library of Texas resources. We plan to use grant funds to increase the number of workstations in both the youth and adult areas. In addition, we will purchase the following allowed items: a digital camera, data projector, flatbed scanner, a networked color laserjet printer, cabling, supplies for installation, costs for training and travel, and software for both print management and public usage reports. The digital camera will be used to post pictures from the library's programs to the Internet, as well as other publicity venues (e.g., "The Southlake Scene"). The flatbed scanner can also be used to scan images for the Internet and in creating publicity documents. The data projector will be used to project images from the computer, for both training sessions and library programs. The color laserjet printer will be networked, as to provide quality color prints for the public and the library's fliers, brochures, and bookmarks. Local matching funds may.be used for all other items related to the success of the project. Some of our local funds will be used on furniture and electrical requirements for the added workstations. Billy Campbell, City Manager July 11, 2002 Page 2 The Technology committee, Brent Burford, CD Peebles, and myself communicated both in person and via e-mail discussing the intentended use of the grant funds. Not knowing the future funding of TIF grants, libraries that have never benefitted from a TIF grant are strongly encouraged to apply. Financial Considerations: $5,000 matching funds (10% of the total grant request of$50,000). Citizen Input/ Board Review: The Technology committee of the Library Board (Brent Burford, C.D. Peebles, and Laura Highlander) researched the grant opportunities and formulated a plan for the application of the grant, which was proposed to the Library Board on June 22, 2002. The Library Board recommended (6-0) that staff apply for the TIF LB11 grant. Legal Review: Not Applicable Alternatives: To deny the submitting of the TIF LB 11 grant application. Supporting Documents: Not Applicable Staff Recommendation: City Council approval for staff to submit a Telecommunications Infrastructure Grant application for funding not to exceed $50,000, with a City match not to exceed $5,000. 1 • RESOLUTION NO. 02-046 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TELECOMMUNICATIONS INFRASTRUCTURE FUND (TIF) BOARD, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TELECOMMUNICATIONS INFRASTRUCTURE GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE ($5,000) IS READILY AVAILABLE; AND DEDICATING THE PROPOSED FUND FOR THE ENHANCEMENT OF PUBLIC INTERNET AND WORKSTATION ACCESS IN THE SOUTHLAKE PUBLIC LIBRARY. WHEREAS, the Texas Legislature has approved the Program for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; NOW THEREFORE BE IT RESOLVED BY THE Applicant: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Applicant hereby authorizes and directs its Director of Community Services to act for the Applicant in dealing with the Department for the purpose of the Program, and the Director of Community Services is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department concerning a grant for the enhancement of public Internet access and workstations in the City of Southlake, which is hereby dedicated for public library purposes in perpetuity. Resolution No. 02-046 July 16, 2002 Page 2 PASSED AND APPROVED on this the day of , 2002,by the City of Southlake. APPROVED: Rick Stacy, Mayor ATTEST: Kim Bush, Acting City Secretary N:\Parks&Recreation\BOARDS\CC\2002\July\TIF Grant memo-resol.doc City of Southlake, Texas t MEMORANDUM July 11, 2002 • TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x1527) SUBJECT: Southlake Participation Level in the Loan Star Libraries Program Action Requested: Recommend the Southlake participation level in the Loan Star Libraries Program. Background Information: The 77th Texas Legislature approved and funded Loan Star Libraries for $2.9 million per year for fiscal year 2002-2003. Loan Star Libraries grants can be used for any public library operating expenses, including the expansion and improvement of existing public library services and programs and for the establishment of new services and programs. The grants cannot be used for the purchase or construction of a library building or library quarters. In order to participate in the program, Southlake must notify the Texas State Library and Archives Commission by July 17, 2002, of the City's intent to participate, and at what level. The Loan Star Libraries Program funds are allocated according to three funding levels: Level 1: libraries that do not charge non-resident fees or have eliminated non-resident fees by September 1, 2002. Level 1 libraries receive the highest level of funding, 100% of the base grant and 100% of the matching grant. Level 2: libraries that charge non-resident fees, but are members of the TexShare Card program or have joined the program by September 1, 2002. Level 2 libraries receive the second highest level of funding, 100% of the base grant and 85% of the matching grant. Level 3: libraries that charge non-resident fees and are not members of the TexShare Card program. Level 3 libraries receive the lowest level of funding, no base grant and 75% of the matching grant. One-quarter of the $2.9 million appropriation is distributed as a base grant, according to the three different levels of participation as outlined above. The 411/ remaining three-quarters of the $2.9 million appropriation constitute a matching grant and will be distributed as a match on Total Direct Operating Expenditures, as reported in the Annual Report for 2001. Billy Campbell July 11, 2002 Page 2 Since Southlake Public Library charges a non-resident fee and is not a member of the TexShare Card program, we were not eligible for a base grant in fiscal year 2002, only 75% of the matching grant, which amounted to $341. What is the TexShare Card Program? The TexShare card program is a reciprocal borrowing program. It is designed to allow the registered users of participating institutions to directly borrow materials from the libraries of other participating institutions. Those libraries that choose to participate sign a form stating they agree to honor the Card Program Agreement, which specifies the roles and responsibilities of the home and lending libraries, and library patrons. Registered users must obtain a TexShare Card from their home institution before they are able to check out materials from other participating institutions. (http://www.texshare.edu/programs/card/) Advantages of the TexShare Card program • Provides access to over 400 public and academic library collections across the state for our patrons. • Access to participating public libraries across the state of Texas, including the following neighboring libraries (partial listing) - Arlington, Bedford, Euless, Flower Mound, Fort Worth, Grand Prairie, Irving, Lewisville, North Richland Hills, Richardson and Roanoke. • Access to participating academic libraries across the state of Texas, including the following neighboring academic libraries - Amberton University, College of St. Thomas Moore, Criswell College, Dallas Baptist University, Dallas Theological Seminary, Dallas County Community College District, Paul Quinn College, Southern Methodist University, Southwestern Baptist Theological Seminary, Tarrant County College District, Texas A&M, Baylor College of Dentistry, Texas Christian University, Texas Wesleyan University, Texas Women's University, University of Dallas, University of North Texas, University of North Texas HSC at Fort Worth, University of Texas at Arlington, and University of Texas at Dallas. • Participation in the TexShare Card program entitles the Southlake Public Library to receive increased "Level 2" funding for fiscal year 2003. Financial Considerations: For fiscal year 2002, Southlake Public Library received $341, Level 3 funding. Had the Southlake Public Library participated at Level 1, funding would have been $2,605; had the Southlake Public Library participated at Level 2, funding would have been $1,920. Billy Campbell July 11, 2002 Page 3 However, it is important to note that the Total Direct Operating Funds used to calculate the matching grant was $58,789 (that which was reported in the 2000 Annual Report); whereas next year's grant will be based on the Total Direct Operating Funds reported in the 2001 Annual Report, which is $242,470. Therefore, the level of funding should increase for fiscal year 2003. It is also important to note that the level of funding cannot be accurately determined for Fiscal Year 2003 until the status of all the state's academic and public libraries are received. The number of participating libraries, and the level at which they participate, will determine the share of the available funds. The amount of non-resident fees collected to date (10-01-01) through 7-10-02 is $1,825; which would equal approximately $2,433 for the 12-month fiscal year 2001-2002 if the growth continues at the same rate. Citizen Input/ Board Review: The Library Board reviewed the TexShare Card program at the June 26, 2002 meeting. At that meeting, it was recommended (6-0) that the Southlake Public Library continue to charge non-resident fees, yet participate in the TexShare Card program in order to receive increased Level 2 funding for fiscal year 2003. Legal Review: Not Applicable Alternatives: Alternatives for discussion include: 1. The Council may opt not to charge non-resident fees and receive 100% of the base grant and 100% of the matching grant appropriation. (Level 1 funding) 2. The Council may opt to charge non-resident fees and not participate in the TexShare Card Program and receive 100% of the base grant and 85% of the matching grant appropriation. (Level 2 funding) 3. The Council may opt to charge non-resident fees and not participate in the TexShare Card Program and receive 75% of the matching grant appropriation. (Level 3 funding) Supporting Documents: Not Applicable Billy Campbell . July 11, 2002 Page 4 Staff Recommendation: City Council authorize staff to participate in the Loan Star Libraries program at Level 2, opting to participate in the TexShare program, but continuing non-resident fees for library privileges. N:\Parks&Recreation\BOARDS\CC\2002Uuly\Loan Star Libraries Memo.doc . __, City of Southlake, Texas MEMORANDUM • July 12, 2002 TO: Billy Campbell, City Manager FROM: Rick Black,Director of Public Safety(Ext. 2421) SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Ultimate Electronics located at 2727 E. Southlake Boulevard, Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: Ultimate Electronics is a retail business located at 2727 E. Southlake Boulevard. Steve Youel, of Gordon Sign Co., on behalf of Ultimate Electronics, is requesting a variance to install signs as shown on the attached plans. This would vary the following sections of Sign Ordinance No. 704-A. • Section 16.A ATTACHED SIGN • A.2. MAXIMUM LETTER/LOGO HEIGHT: Building Official has determined the applicant is at the required distance from R.O.W to allow the maximum letter/logo height of forty-two (42) inches by ordinance. Applicant is seeking to install a sign with sixty (60) inch letters spelling "ULTIMATE". Applicant also seeks to install seven(7) display panels which would contain photo illustrations of various products.The display area of each panel is sixty (60) inches by sixty (60) inches square. The panels displaying merchandise fall under the definition of signage by ordinance and would therefore be regulated as over sized signs. • A.3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space. Applicant building space is approximately two hundred- fifty (250) feet wide. Total allowed sign area for this space is one hundred eighty seven (187) square feet. The area for the "Ultimate Electronics" sign is one hundred twenty-eight (128) square feet. This is within the allowable area. The seven proposed display panels have a total area of one hundred seventy-five (175) square feet. The total area for all combined signage is three hundred-three (303) square feet. • A.4. NUMBER OF SIGNS: "Only one attached sign per lease space shall be allowed along each street frontage on any site..." In addition to the primary sign,the applicant is seeking to install seven(7)"display panels" containing photo illustrations of merchandise. These panels are considered signs by ordinance definition and installation would therefore exceed the number of signs allowed as stated above. 1 Billy Campbell July 12,2002 Page 2 Staff Note: Applicant has supplied a number of examples of similar sized signs for comparison to the proposed sign. Home Depot, in 1996 was granted a variance for seventy-two (72) inch letters while under the 1995 Ordinance which normally allowed sixty (60) inch letters at 300 feet from R.O.W. Lowes Home Improvement Warehouse, in 2000, was granted a seventy-two (72) inch letter "L" with remaining letters (o, w, e, s ) at sixty (60) inches under the present ordinance. This was granted as Lowes competes directly with Home Depot in the same type of business. Kroger. was granted a variance at the same time as Home Depot to allow for the unique shape of the lettering.The top of the"K"to the bottom of"g"is eighty-four(84)inches. • Financial Considerations: Not Applicable Citizen Input/ • Board Review: No citizen input has been received: Not subject to any Board review. Legal Review: None • Alternatives: The council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. Supporting Documents: Variance Application Form . Site Plan Ordinance No.704-A, Section 16.A. 1.2.3.4.5.6.7.8.9. Photo Rendition Staff Recommendation: Place the variance request on the July 16, 2002 City Council meeting agenda for disposition. RB/sv 2 • The following sections have been excerpted from the Sign Ordinance No.704-A 3EC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed, that the variance will not injure and will be wholly compatible with the.use and permitted development of adjacent properties,and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures,poles, curbs, sidewalks,gutters, streets,utility poles,public buildings, fences,railings, public telephone poles,or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three(3) square foot area used for building identification. 2. MINIMUM/MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six(6)inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Height Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 -200 ft. 24 inches 201 -250 ft. 30 inches 251 -300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street,the maximum letter/logo height shall be based on the distance from the vehicular driveway access(see Appendix `B' for further clarification). 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet(see Appendix'A'for further clarification). 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site,unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%)of the primary or permitted sign size,whichever is more restrictive. The six(6)inch minimum letter/logo height will not apply to these secondary signs. No more than two(2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space(see Appendix`B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent(75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix'B'for further clarification). 3 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height(see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix`B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade(other than the main front of the building)which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet(150')of the property line of said residential property. 4 ' JUN 4'02 13:20 FR GORDON SIGN CO. 303 629 1024 TO 18174815713 P.02/04 • CITY OF SOITTHLA]KE SIGN VARIANCE APPLICATION . APPLICANT I OWNER(if different) . . - NAME: e sitter /2J( )(X V L r : - • ADDRESS: 3. W )L'r 7Di5 5`yder - .,lit Atit. . 5-4r '-d7 . . . • ' Pad/45i,... - 75S ca5' PHONE: 3 0.5— 4/-` 255l� �0✓i'� � /Lea, FAX: 3171- 41/ -. 25214 Altfe el/. $te1,e Youe/ e 60.raion 51y,7 C-! 3o0-3v-5—21 , .SS:•f, X 3v . 9-;~/tom e following information pertains to the location fok which the variance is requested NAME OF BUSINESS OR OPERATION: U t f#ni/e /ee -mil& 5 - . STREET ADDRESS: . LEGAL DESCRIPTION: Lot/ .2,3 Block- e- Subdivision(,Dfae „,z • • p�4 1 ' I hereby certify that this application is complete as per the requi -ments of Sign Ordinance No; 704 .as ' �_i summarized below. I further u . . an. ..at it is necessar ha a representative at the City Council meeting who is authorized to discuss this req st. 1, _ • Applicant's signature: i iiik Date: S f l d • The following checklist is a s • .'i of requirements for sign variance requests as required by - . the City of Southlake. The applic. should further defer to the Sign Ordinance No:704 and amendments, and other ordinanc, maps, and codes;available at the City Hall that may pertain - - • to this sign variance request. • Completed sign variance request application. . _ - Completed demonstration of conditions applicable to the requested variance(see- - attached.) . - • - 6/- Site plan showing the:location of the signivariance request and any Other signs ° 1 . that conform to or are exempt from the sign ordinance.The site plan shall also . indicate the building,landscaped areas,p4rking&approaches and adjoining street R. 0.W. Scaled and dimensioned elevations of the!signs for which the variance is - . requested. For attached signs, the elevations shall show the building,the sign. for which the variance is requested, and any other signs that conform to or are f exempt from the sign ordinance. 5 • . JUN 4'02 13:20 FR GORDON SIGN CO. 303 629 1024 TO 18174815713 P.03/04 • DEMONSTRATTION • • Please demonstrate that the following conditions ar applicable to the requested sign variance: • 1. That a literal enforcement of the sign regulatijon will create an unnecessary hardship • or practical difficulty on the applicant. The unique location of the property line in front of this store created by tlxe detention pond results in a severe limitationiof sign size as stipulated by the ordinance. The position of the road relative to the building is unusual and will help create a hardship. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to • the affected property and is not self-imposed: The drainage requirements for the property that created the detention pond have reduced the setback from the property line but not the road. 3. That the variance will not injure and will.he Wholly compatible with the use and permitted development of adjacent properties. The intent of the ordinance is to allow largeibuildings with large setbacks to have larger signs. 4. That the variance will be in harmony with tha spirit and purpose of the sign ordinance. Similar sized buildings in the city that hous4 both competitive business and non- competitive businesses have much larger signs. • • • • 6 JUN 4'02 13:21 FR GORDON SIGN CO. 303 629 1024 TO 16174815713 P.04/04 June 4, 2002 Southlake Board of Adjustment The variance request for Ultimate Electronics is two fold: 1. We'seek to be allowed the maximum under the Code of 42" letters for a building with a 300' setback from the property line. 2. Beyond the 42" limit we seek to be allowed,60" letters which are in keeping (but smaller) than signs allowed on otherlarge buildings in the City. Both competitive and non-competitive businesses have signs in excess of six feet. • • 7 ** TOTAL PAGE-004 ** -- • -. /14.14 . --...... v•5 ----:4S/:,,,,,... --,, ------.. . . •1.7 CY ' , 7v . 769 - • , ,,,,,..... ..,:•,,. . , ....... / /\.., ,,..,/ -; ! ,„.. --7-7----;:-- ' .93..- ,s.4. ..„._ '..-" / ,....;7 v...../ i / i / 7--)--,—;/ ---: R . ...., ....... ...... , ,, // , 41,14/ ,..., /is/ - N,,,_'-` i'/ tfi" I/ r t I // 7 i I I j•-,1 I ep, / ' ;"- / I/ ii 1 f ---N._ 000'2241',0E.„.1 .;._,...............cA.....v ---- id,' --- 405' ± from center ---& -? 1 [ N425.165.92'59" w •—... of Southlake Blvd. AA,A.‘)‘): I/ A--'Pi ' ' z''''''' ..,- • -A'.ii..,-• ------,, / ) i i I I : 335' from 315' from center 1....„4-, , 1 • — --..,.._ i . ./--;- -- •`• • 1 1 property line._ 1 r ---, -__. i i 1 i -, ,--- , 111.10 of Southlake Blvd. 1-..., i 1 co I I FUTURE TENANT---- —.1 / . • ' i I , 10.000 S.F. 77 ...-5-1 / ----:-I-S/C-~,-.--. ------1-i...°_, i / i / isr-r•- .. \- . \\ .\ 7 .--- -----„/ I I-__ / .:-..j...iiici.-,•••-----' •..'''•----7 r,-s-•-- ,----1•t,... — 0 . 0-1 2341 \) _ _4 18 ' from s/ ......_....... . -----/„.. property line. ----/ ,, ,,,, 114 ,z! / \‘ ,..„ N ..._,.. ,\ '..i 7,....,„_:::::1L''-:: —-.- -'1'-^-1.-' ' -•\,..7.,...,, ---)''''---1-'‘ . '`,' ''..4' ^,.-_,s/ ... • ,_,,.1:(1.:74,1 , ‘\(A 1 I ----7 -„..A..\ , I i r.--- 1"--1.---7- I -1 1 L____I i ; ........- - 1 0.7 _....-- r--3 • 1 \ 1-_-. I . ti) 7 ,t I /1121 1 1 1 111 : 111111i1g I 1 1-------—1 1 1` - ; ; 1 1 - •! ----41 , ' ' 1, 1 1 LLI f I LLL.1 1! Li , i (------- PA i 1 1 *, , ----1 ,, ( Fr__:.. . - • 1 . ....._.....,_; .1---- _ --s. ! .1 r . . .. . , , , , , , it_ ....i, -.. f , I 14i ) --1 • . i 1 1 ) . .------- -r.ji -1 _ I --1 -11 _..- . . .... l-) —_.1 • 7 (A 1 -..----- ....-.. FUTURE TENANT BLDG. - A . . • . . • . . ULTIMATE ELECTRONICS I I 177 j I_ :p.,,, -. ---.1_.. i f . j, ' i -'.-- / ///,- 1:13- i;. fr..-- /i r 1 , 1 r_____ ___.... 12,500 S.F. • 31,000 S.F. //1 111 i,/ /Ili \ ./.., -----11 III' / lir I l • , . i A .A • • Plywood backing 22'63/4" 60'PAN CHANNEL LETTERS: NL FACES:316'THICK#2037 YELLOW U1CITE 18'-8$/4" i FACE RETPJNER:W.'WIDE ALUv1NLM PAINT YELLOW TO MATCH FACES LETTER RETURI5:.063 X 5'ALUM.,YELLOW TO MATCH FACES • LETTER BACKS:.093AWMNJM 1 I i ILLUMINATION:5/T-4?6500 WHITE NEON • 60 MA REMOTE TRANSFORMERS. • t ',��102 Sq.R. NOTE FEEDS OUT BOTTOM OF LEI ItHS — PEG-OFF CLRtED WALL 1' 4../ — • 71121-Igh CUT OUT 1/4'THICK ALUM BAR v+ • ON RADIUS FASCIA NON-ILLUMINATED BUILD IN SECTIONS SEANED TOGETHER • COLOR PANTED MA.P.41-342 BRUSHED ALUM u f MOLM WITH SPACERS 112'OFF CLEfVED FASCIA U "? ..-L''. 'i.44 I----- I--(--- - - /=' I .• N r I I - ti ;- a I I I I I I O F-1-18 Sq.Ft 4.25Sq.FL 2'-1" -----14'-4" --- -- ---- r CC r . . 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FA '" • ; Ya `m �.;ab" �`?+a.� �^ -p h `.. � �... yP �.. TVP £ s.,. :;. ,gip. • 1} t '� d�'awSm�vS+4 '+MivL% Y. ., • n, .. 1 • .. , ,. •.:..:, i i :• . X Y ,, S .F Y 4:;1!:,,,I,,,:'-',:'• nq ' ~ � x3 t 7pp � 33 r. Front Elevation This design is the exclus ve properly d Gordon Sign a d camd be reproduced a Cher in whole a in pa t w thout thei consort. Scale 1/l6"=1' cli 93n MlpMoavorbuuW/mrtd cs::. rutgoPMSmlwcwlmorpo t Va altegon9omazirrclhudieunryrgfzbpryelsmho retlrek frz..,co • • • • CD • 60" letters. E•Mal Darved:sgnA.admsi tcai DISPLAY BO)ES,7REQUIRED • --ti„.- .-, - Drawing# k -05488 Option 2B s s y ? t z erg LL • t D. fii ,� • „; f a 1 { Front Elevation ©This design is the exdusve property or Gordon Sign and cannot be reproduced ether in whole or in pat without heir consent. 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APPLICANT: Southlake Chamber of Commerce and Southlake Town Square BACKGROUND: The Southlake Chamber of Commerce and Southlake Town Square is planning to hold an Oktoberfest celebration in the Southlake Town Square during the weekend of October 4 through October 6, 2002. A Specific Use r Permit is required to hold a special event in Town Square and to also allow the sale of alcoholic beverages. Applications for these requests are currently in process. The items should go before the P & Z on August 8, 2002 and appear before the City Council on August 20, 2002 for public hearing and consideration. However, the applicant would like an opportunity to discuss the event and receive input from the City Council so that they may proceed appropriately in securing contracts and services as early as possible. SUPPORTING DOCUMENTS: Attachment A—Letter Describing the Event Attachment B—Event Map Attachments (2) N:\CommunityDevelopment\WP-FILES\MEMO\2002cases\SLTsq-Oktoberfest.doc Oktoberfest—Southlake Town Square Southlake Chamber of Commerce RO. 13ox 92668. Southlake. Texas 76092 — '� Metro (81 7) 481-8200 Fax (817) 329-7497 7, a. gnu, . June 20,2002 Bruce Payne Planning Director City of Southlake 1400 Main Street, Suite 310 Southlake,TX 76092 Dear Bruce, The Southlake Chamber of Commerce is requesting a Specific Use Permit for The Southlake Oktoberfest 2002 that is being produced by The Southlake Chamber of Commerce in cooperation with the Southlake Town Square and will be held on October 4,5,and 6 in Southlake Town Square. Event Information: This Oktoberfest celebration will be geared to families in the Southlake area and will feature a large children's area,great food,entertainment throughout the weekend,and an arts and crafts show.The Southlake Oktoberfest will be a free event with no restriction to shoppers or the public in accessing the entire Town Square area. Fun Community Events such as the Wiener-Dog Races will take place with proceeds going to the Humane Society. A bratwurst-eating contest is also being planned. Even though the festival name might carry some beer connotations,the Chamber and festival staff are working very closely with City Department of Public Safety and State TABC officers to ensure a safe,family-oriented event.The goal of the event is to allow families to stay together while enjoying the festivities. I-Iarris Methodist HEB Hospital and the Star-Telegram,along with Coca-Cola,Allen Samuels Dodge,Radio Disney,Washington Mutual,Bank of the West,Coors,and others are committed sponsors of Southlake Oktoberfest to date. • REC'D J U L 1 2002 Oktoberfest—Southlake Town Square Attachment A Page 1 Components of Event: Arts and Crafts Booths — We are hoping to have as many as 50 arts and crafts booths scattered throughout the event Entertainment — Continuous entertainment is scheduled in the pavilion with big-name acts during the evening hours on Friday and Saturday night. All entertainment will be provided free to the public. Food Booths—Various restaurants and food vendors in Southlake and surrounding areas are being solicited to participate in the event. • Beer Concessions—The Chamber is hoping to operate beer concession booths during the hours still to be determined A separate SUP is being submitted for this portion of the event. Expected Attendance An attendance of over 20,000 people over the three days is expected due to the success of other events already produced in Town Square. The streets closure request is still pending and will be finalized with the Department of Public Safety as the number of vendors is finalized. See the attached map for possible street closure configurations.Portable restrooms will be available in the areas indicated on the Road Closure map. Sincerely, • Giovanna Ph flips President • • -2- RFC'D ,U L 1. 2002 r - s • Oktoberfest—Southlake Town Square Attachment A • Page 2 J 11 TOWN SQUARE {; — - — Booth Map ^��LZ 'x i.b<? y s rT+t s `r. Qd�7 ,4 �� v ,sa ,' f is 1:1 a.t z714�i ,—. t#,.i.)r 2 i f.O 'La 1iki„ :.: ,,,,, r a'' a w t- c ar �... ,4.`AT y w t'."r, �,v " t �. •- N s 1,-;:-1 .,• ,t. ♦. raj .yy? ��c"dayL �V.V n''r''5,204 ffi9 - .�rr • if. 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I' LAC' 1 Fn , -, a e 1 izi lral 4 v '4✓±4 Sao ill '.4 b t Y, ♦�l' 'V'- '+' i:,1 S r •"•. s;nY F. ^ Jf 'J ) ry ". .9 Z fr, 7 _-' 4P. �� a s rr '"• c 1 :. �' CZr Il k a- ,, .yL r33'1 4 :; ti 14 Sfit o f"s4t.r fV,„- n1. � ."`yu d$ ! I.,.4.,4<-..1? s,. t zL.,g -I : 2 �e�261,2$T ri tm ,Sz '�I r , ,a a"tt '4;:4'71.,..iy ai. .. REODJUUL1 2002 Oktoberfest—Southlake Town Square Attachment B Page 1