Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2000-08-01 CC Packet
City of Southlake, Texas MEMORANDUM • July 21, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: City Manager's Notes and Consent Items for August 1, City Council Meeting • Consent Items. The consent items scheduled for consideration at the August 1 City Council meeting are summarized below. (A draft agenda and packet information for the consent items for the August 1 meeting are attached for your review). > Agenda Item No. 5B. Approval of a professional services agreement with Cheatham & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25th Program Year (1999) Community Development Block Grant (CDBG). Each year since 1994, the City has participated with Tarrant County to install infrastructure improvements within areas designated as qualified target areas under the Community Development Block Grant program. The City has two such areas, which are Sutton Place and the Oak Lane Addition. The infrastructure improvements include installing sanitary sewer lines, water lines, drainage, and paving facilities. The City completed installing these improvements to Sutton Place this year. The projects in Sutton Place were spread out over a four-year period with each improvement (sewer, water, drainage, & paving) being installed as part of a separate CDBG project year. This allowed the City to take advantage of CDBG funds each year, thus lowering the City's contribution. The City's contribution of each project totaled the amount that exceeded the CDBG funds. Now that Sutton Place is complete, it is time to construct the same improvements to the Oak Lane Addition. For the 25th Program Year (1999), sanitary sewer will be constructed. The water, drainage, and paving improvements will be installed in the next three subsequent CDBG program years. The professional services agreement is for the design and engineering of the sanitary sewer. The estimated cost to design and construct the sewer is $383,870. The 11111 estimated CDBG for this year is $93,000. Therefore, the City will be required to contribute the remainder of the project cost that exceeds the CDBG portion, which is estimated to be $290,870. The professional services agreement totals $32,075, which is part of the project cost Honorable Mayor and Members of City Council CM Notes and Consent Item information for August 1, 2000 City Council Meeting Page 2 of 4 which will exceed the CDBG portion. The CIP budget has appropriated $300,000 for the City's contribution to the sewer project. If you have any questions, please call Assistant City Engineer Shawn Poe. ➢ Agenda Item No. 5C. Approval of a professional services agreement with Wiss, Janney, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisions. This professional services agreement is for the engineering and design of construction plans to rehabilitate the distressed pavement in Timberlake and Southview. Wiss, Janney, Elstner Associates, Inc. completed the investigative report and subsequent construction plans to rehabilitate the distressed pavement in the Timarron Bent Creek subdivision. Those improvements were completed in June 1999. There are several areas in the City with the same type of distressed pavement caused by the same trench soil migration phenomenon identified in the Timarron Bent Creek subdivision. Assistant City Engineer Shawn Poe briefly explains the trench soil migration phenomenon in his memo. The City plans to budget funds each year in the CIP budget to rehabilitate, in phases, the numerous affected areas. This professional services agreement for the engineering and design of construction plans to rehabilitate the distressed pavement in Timberlake and Southview totals $22,700. The FY 99-00 CIP budget allocated $600,000 for the engineering and rehabilitation of the pavement in the Timberlake and Southview subdivisions. If you have any questions, please call Assistant City Engineer Shawn Poe. > Agenda Item No. 5D. Resolution No.00-74, FM 1938. The meeting with the SPIN representatives was successful. Staff is now in the process of meeting with the contiguous property owners. Following those meetings, there will be a citywide SPIN meeting regarding the issue on Wednesday, July 26, at 8 p.m. at Carroll High School. Everyone seems to understand that this expansion project will happen with or without our involvement. Now is the time to gather their input and forward those concerns to the design engineers. Honorable Mayor and Members of City Council CM Notes and Consent Item information for August 1, 2000 City Council Meeting Page 3 of 4 ➢ Agenda Item No. 5E. Resolution No. 00-81, Amending the Personnel Policies Handbook to include the Drug and Alcohol Testing Policy for employees driving commercial vehicles. The City is required to comply with the Omnibus Transportation Employee Testing Act of 1991 as amended (the Act), and the regulations promulgated by the U.S. Department of Transportation. The Act requires employers to test employees, who drive commercial vehicles (CDL licensed drivers) as part of their job duties, for the use of alcohol and drugs. The purposes of the provisions of the Act, and the regulations, are to deter misuse of alcohol and drugs and to protect the public from the damage such misuse may cause. The Act requires that CDL licensed drivers are randomly tested for drugs and alcohol, tested for reasonable suspicion, tested after an accident, and tested before occupying a position that requires driving a commercial vehicle. To implement the federal requirements, it is recommended that the City adopt and implement this policy. If there are any questions about this policy, contact Lauren Safranek. ➢ Agenda Item No. 5F. Tarrant County Tax Collection Contract. This item is the request for Council to approve another year of our contract with Tarrant County for the assessment and collection of taxes on behalf of the City of Southlake. Tarrant County has assessed and collected taxes for the city since 1982. The county's fee remains the same as last year at $0.40 per transaction. The anticipated annual cost for this service is $5,000.00. The cost for the City to assess and collect would greatly exceed the cost to contract with the county. The contract has been reviewed and approved by the City Attorney. If you have any questions, please contact Sharen Elam. • Traffic Management Bond (TMB) Program Status Update. Staff has prepared a spreadsheet to present and track the funds expenditures in the TMB program. Utilizing the spreadsheet, the Steering Committee and the City Council can evaluate and compare the costs for each project as they are bid-out with the budgeted amount estimated by staff. The spreadsheet can also aid the Steering Committee and Council to determine when and if to bid the next project. Also attached • Honorable Mayor and Members of City Council CM Notes and Consent Item information for August 1, 2000 City Council Meeting Page 4 of 4 in the memo from City Engineer Charlie Thomas is a status report spreadsheet for each project being designed by HNTB. If you have any questions, please call Charlie Thomas. • Letter (6-29-00) from Becky Haskins, City of Fort Worth Councilmember. Councilmember Patsy DuPre received the attached letter from Fort Worth City Councilmember Becky Haskins regarding support of State legislation for a glass and plastic deposit recycling system. Is there any interest in participating in this program? • Also attached to my memo: ❖ AMS ❖ Calendar of meetings / events • Note that also included in your packet is your mail. BC Staff Extension Numbers: Campbell, Billy, City Manager, ext. 701 Elam, Sharen, Finance Director, ext. 716 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Assistant Finance Director, ext. 833 Payne, Bruce, Planning Director, ext. 767 Poe, Shawn, Assistant City Engineer, ext. 846. Polasek, Steve, Deputy Director Community Services, ext. 772 Safranek, Lauren, Director of Human Resources, ext. 836 Thomas, Charlie, City Engineer, ext. 814 Wilson, Garland, Director of Public Safety, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 City of Southlake, Texas MEMORANDUM • July 21, 2000 TO: Billy Campbell, City Manager FROM: Charlie Thomas, City Engineer, extension 814 SUBJECT: Traffic Management Bond (TMB) Program Status Update The voters approved the Traffic Management Bond Program (TMB) on May 1, 1999. The TMB included: Proposition#1- $17.3 million to provide intersection improvements to intersections along FM 1709 including Pearson La te, Peytonville Ave., White's Chapel Blvd., and S. Carroll Ave., and Brumlow Lane at SH 26. Deceleration lanes were included at all street intersections along FM 1709. Intersection improvements to intersections along SH 114 including Dove St. and White's Chapel Blvd were also included. Proposition #2- $2.15 million to provide enhancements to SH 114 construction by Texas Department of Transportation (TxDOT). Proposition #3- $4.73 million to provide trail improvements along FM 1709 and along White's Chapel Blvd from Bob Jones Park to SH 26. During the winter 1999/2000, bonds were sold in the following amounts: Proposition#1- $10,181,255. Proposition #2- $ 950,000. Proposition #3- $2,230,000 In Sept. 1999, the City Council approved and the City entered into a contract with HNTB Consulting Engineers to perform program management for the design and construction of the intersection improvements along FM 1709 and Brumlow Ave. at SH 26 and the trail improvements. The amount of that contract is $2,767,000. The program management includes the design and preparation of construction plans and specifications, right of way acquisition, utility relocation coordination, public relations and construction management (including inspection). Plans and specifications were prepared for intersection improvements to Peytonville Ave. and FM 1709 and White's Chapel Blvd. and FM 1709. The City Council awarded the contract for this construction on May 16, 2000 to the low bidder, AUI General Construction, in the amount of $3,667,727.50. City of Southiake, Texas One of the stipulations of the contract was completion of improvements on the S. Peytonville Ave. and N. White's Chapel Blvd. portion of the project by Aug. 15, 2000. The contractor began work in early June 2000. A critical factor in the contractor being able to complete the south portion of Peytonville Ave. and the north portion of White's Chapel Blvd. before school starts is the relocation of utilities by the various utility companies. Because of this critical aspect, HNTB and the city staff began discussions with the utility companies in January 2000 and provided them with preliminary plans and a time schedule for the proposed construction. Many meetings were held with the utility companies during the following months in an attempt to coordinate and expedite the utility relocations. Despite all of the efforts made by HNTB and the city staff, the utility relocations have been very slow in completing. At this time, all of the relocations by the utility companies have not been completed. The utility companies have begun to cooperate and made commitments in the past few weeks, but they have caused us considerable delays. The City's contractor, AUI General Contractors, have been very cooperative in shifting their planned work efforts to work around the utility relocations in order to keep making progress towards completing the construction improvements. Unfortunately, AUI has not been able to perform some of the roadway improvements that will enable them to complete the south portion of Peytonville Ave. and the north portion of White's Chapel Blvd. by the time school begins. AUI is making every effort they can to complete work on the east side of S. Peytonville Ave. along the high school by Aug. 15. I am very pleased with AUI and their efforts to complete as much of this construction that they can and rearrange their work schedule so that they can work around the utility relocation or lack of utility relocation. The construction plans for the first trail package along the north side of FM 1709 from Southridge Lakes to Bicentennial Park is complete. We anticipate advertising for bids within the next couple of weeks as we are waiting on the necessary approvals from TxDOT, being as we will be constructing in the right of way of FM 1709. HNTB anticipates that the design and preparation of construction plans and specifications will be complete for all their projects by November 2000 (see attached project schedule). Working with the Steering Committee, we will determine when and if to bid the next project. This is very important because only a portion of the bond funds have been sold at this point. In coordination with the Finance Dept., we have prepared a spreadsheet to present and track the funds expenditures in the TMB (see attached spreadsheet). The spreadsheet has been divided into three separate categories representing the three propositions of the TMB. For each proposition, the spreadsheet is broken into subcategories. Under Proposition One, the subcategories include engineering/surveying, FM 1709 intersection improvements, SH 26 intersection improvements, SH 114 intersection improvements, and the FM 1709 deceleration lane improvements. The specific projects, including right-of-way costs, associated with each subcategory are listed. For Proposition Two the specific projects are shown. And for Proposition Three, the specific projects are listed along with the right-of-way and engineering/surveying costs. City of Southlake, Texas The budgeted amount estimated by staff, the contract or bid amount, and the cost-to-date for each project in each proposition is shown. If the project is not complete, the last.column entitled "Balance" is the difference between the budgeted amount estimated by staff and the contract or bid amount. For the right-of-way items, the last column represents the difference between the estimated amount budgeted by staff and the cost-to-date. The last item listed at the end of each proposition is entitled "Available balance from G.O.'s issued." This item is the amount of funds, which have been issued, that remain following the expenditures for the right-of-way and the encumbered amount of the contract or bid amount (if the project is not complete) for each item listed. Staff plans to distribute the spreadsheet each month to the City Council. If you have any questions, please call me at ext. 814. fox- C CT/sep Anticipated Anticipated Anticipated Southlake Traffic Management Bond Survey ROW Preliminary Final Complete Utility Bid Construction Construction Program Status Report Design Design Design Relocation Opening Start Complete Southlake Blvd (FM 1709) Signalized Intersection Improvements& Deceleration Lanes 3A Peytonville Avenue Complete 100% Complete Complete Complete 20% 5/10/00 5/30/00 8/15/00 and 11/1/00 3B White Chapel Blvd Complete 90% Complete Complete Complete 20% 5/10/00 5/30/00 8/15/00 and 11/1/00 3C Carroll Avenue Complete 4A Pearson Lane Complete 10% 4B Randol Mill Ave/Davis Complete 25% 4C Southridge Lakes Pkwy Complete 4D Shady Oaks Drive Complete 40% 4E Byron Nelson Pkwy/Diamond Blvd Complete 50% 4F Commerce Street Complete 40% SH 26 Signalized Intersection Improvements 3D Brumlow 10% Southlake Blvd (FM 1709) Non- Signalized Intersection Improvements - Deceleration Lane Only 1A Bank Street Complete Complete 5% 1 B Westwood Drive Complete Complete 5% 1C Miron Drive Complete _Complete 5% 1 D Foxborough Lane Complete Complete 5% 1 E Lake Crest Drive Complete Complete 5% 1 F Timber Lake Place Complete Complete 5% 1 G Stone Lakes Place Complete Complete 5% 1 H Meadowlark Lane Complete Complete 5% 11 Ginger Court Complete Complete 5% 1 J Brock Drive Complete Complete 5% 1K East Jellico Complete Complete 5% 1 L West Jellico Complete Complete 5% - 1 M Entrance to Bicentennial Park Complete Complete 5% Hike& Bike Trail Improvements 2A FM 1709 Trail 50% 30% 2B Bicentennial Park to Southridge Complete 75% August-00 2C SH 26 to Bob Jones Park Trail 25% 20% g:\31387\adm\Southlake Projects Checklist.xls 7/20/00 • TRAFFIC MANAGEMENT BOND (TMB) PROGRAM x Construction Cost Status Report CONTRACT/ BID COST TO PROJECT TMB BUDGET AMOUNT DATE BALANCE PROPOSITION ONE G.Os Issued $10,181,255 Engineerinq/Surveying/ROW Acq. for Proc. 1 $1,609,054 $1,966,784 $560,401 ($357,730) FM 1709 Intersection Improvements Peytonville/White's Chapel $4,163,283 $3,667,728 $0 $495,556 S. Carroll $1,178,629 $0 $0 $1,178,629 Randol Mill $1,366,063 $0 $0 $1,366,063 Shady Oaks $456,138 $0 $0 $456,138 Pearson Lane $1,133,182 $0 $0 $1,133,182 Right-of Way for FM 1709 Intersections $2,111,490 N/A $176,230 $1,935,260 SUBTOTAL $10,408,786 $3,667,728 $176,230 $6,564,829 SH 26 Intersection Improvements Brumlow $659,171 $0 $0 $659,171 Right-of Way for SH 26 Intersection $238,380 N/A $0 $238,380 SUBTOTAL $897,551 $0 $0 $897,551 SH 114 Intersection Improvements Dove $908,949 $170,000 $170,000 $738,949 White's Chapel $760,701 $0 $0 $760,701 Right-of-Way for SH 114 Intersections $1,294,000 N/A $100,662 $1,193,338 SUBTOTAL $2,963,650 $170,000 $270,662 $2,692,988 FM 1709 Deceleration Lane Improvements Southridge Lakes/Waterford $181,580 $0 $0 $181,580 Byron Nelson/Diamond $192,324 $0 $0 $192,324 Commerce $74,631 $0 $0 $74,631 Lakecrest $74,631 $0 $0 $74,631 Westwood $74,631 $0 $0 $74,631 Stonelakes $74,631 $0 $0 $74,631 Timberlakes $74,631 $0 $0 $74,631 Foxborough $74,631 $0 $0 $74,631 Miron $74,631 $0 $0 $74,631 Meadowlark $74,631 $0 $0 $74,631 Bank $74,632 $0 $0 $74,632 Ginger $74,632 $0 $0 $74,632 Brock $74,632 $0 $0 $74,632 Bicentennial Park $74,632 $0 $0 $74,632 E. Jellico $70,800 $0 $0 $70,800 W. Jellico $70,800 $0 $0 $70,800 SUBTOTAL $1,411,080 $0 $0 $1,411,080 TOTAL $17,290,122 $5,804,512 $1,007,293 $11,208,718 Available balance from G.O.'s issued* $6,066,636 *based on contract/bid prices if project is not completed • TRAFFIC MANAGEMENT BOND (TMB) PROGRAM Construction Cost Status Report CONTRACT/ BID COST TO PROJECT TMB BUDGET AMOUNT DATE BALANCE PROPOSITION TWO G.O.'s Issued $950,000 Dove/Kimball Section $500,000 $596,516 $596,516 ($96,516) White's Chapel Section $600,000 $0 $0 $600,000 Carroll Section $450,000 $0 $0 $450,000 SH 114 Landscaping $600,000 $0 $0 $600,000 TOTAL $2,150,000 $596,516 $596,516 $1,553,484 Available balance from G.O.'s issued * $353,484 PROPOSITION THREE G.O.'s Issued $2,230,000 Engineering/Surveying/ROW Acq. for Trails $616,038 $800,216 $123,703 ($184,178) Tr^l from Pearson to SH 114 along FM 1709 $1,450,000 $0 $1,450,000 Tr;.,.i from Southridge Lakes to Bicentennial Park along FM 1709 $225,000 $0 $0 $225,000 Trail from SH 26 to Bob Jones Park $1,575,000 $0 $0 $1,575,000 Right-of-Way for Trails $860,212 N/A $0 $860,212 TOTAL $4,726,250 $800,216 $123,703 $3,926,034 Available balance from G.O.'s issued* $1,429,784 *based on contract/bid prices if project is not completed «► r=r co-74, • %'e '' a THE CITY OF FORT WORTH TEXAS rz C C.C,U4CL.O•t'`,tt 1 tcViAlo. t June 29,2000 t`' n 5 C-ttyr • Patsy DuPre 1725 E Southiake Blvd. Southiake.TX 76092 Dear Cuuncil Member DuPre: The state of Texas needs your support fur a battle bill. We often see people picking up aluminum cans, which have value, along the right of ways in our cities, but the glass and plastic bottles are overlooked because they have no value.In fiscal year 1999.Texas spent S20,162,000 picking up itter. With a state population of approximately 20 million and the average consumption of 620 beverages in no-return containers per person each year,this is a problem that translates into 12.4 billion containers with decomposition life cycles of over 400 years. In states where such beverage containers were given a refund value,recycling rates increased dramatically rind litter volume was reduced. A deposit system concentrau ed on glass and plastic beverage containers would create the needed value for these items to assure that they will be picked up or no long discarded on our cities' right of ways. Deposit bill legislation,aimed at those beverage containers that have long decay and decomposition life cycles,would require a deposit on glass and 11/ plastic beverage containers such as beer(Including the 32 and 40 oz bottles),soft drinks, and"new aged"drinks(such as juices.aced tea,sports drinks,and bottled waters). Luclosed is the Fort Worth City Council's resolution,which was adopted by Texas Municipal League at its annual conference,supporting changes in state law to create a deposit system for glass and plastic•bottles- I strongly urge yo's to Vass a similar resolution in your city. Please forward your city's resolution on to your state legislator and share your resolution with me. Be aware of the legislative time frame. Act and talk with your state legislators now,so that your city's support of deposit legislation will be recognized in the upcoming legislative session. With the:support of other Texas cities, we can let our state legislators know that we arc serious about abating the litter problem in Texas caused by glass and plastic bottles. 1 thank you in advance for your action and look forward to your partlicipatioh in this worthy cause - Sincerely, • Becky Raskin City of Fort Worth-Council District Four Representative entail:Bhaskin@flash.net office phone: 817-871-8804 fax: 817-871-6I 87 A Resolution NO. cg58• URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT CHANGES IN STATE LAW TO CREATE A DEPOSIT SYSTEM FOR GLASS AND PLASTIC BOTTLES WHEREAS, discarded glass and plastic bottles in vacant lots and along city rights of way causes cities to expend additional revenue to remove the litter; and WHEREAS, in addition to the litter created by discarded glass and plastic bottles, cities with a population of 100,000 or more that are required to have a National Pollutant Discharge Elimination Permit issued by the EPA must monitor and reduce floatables in storm water; and WHEREAS, cities conduct clean-ups at different times of the year, but the problem of glass and plastic bottles persists, littering vacant lots and city rights of way and interfering with a city's storm water system. WHEREAS,Iowa and Maine have implemented a glass and plastic bottle deposit system and have reduced littering. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, That the City of Fort Worth urges the Texas Municipal League to support the establishment of a state wide deposit system for glass and plastic bottles. Adopted this 28th day of September, 1999. APPROVED CITY COUNCIL sEp 28 1999 CitySooreta Y of Fort Wort... Tia• CITY OF TORT WORTH Why We Propose Deposit Legislation • Litter costs money, destroys property values, causes destruction and injury. • Stepped up enforcement is not the answer- litter abatement cannot be a priority of law enforcement. • • There is a need to create incentives for voluntary return of used bottles (helps to solve the 32/40 oz beer litter problem as well as other glass and plastic bottle litter). • Deposit legislation is working in other states, tegi1atidin . Bottle Deposit Works • in Oregon, litter from beverage containers has dropped by 83% - from 40% of roadside litter to only 4% within 15 years. • In the last 25 years, Oregon return rates for beverage containers have exceeded 90%. 1111 • In Michigan, roadside litter was reduced 41% one year after bottle bill enactment. • Iowa's Department of Transportation found a 77% decrease in beverage container litter and a 38% reduction in total litter in 1979 and 1980; Costs decreased as Iowa spent 73% less in 1983 than in 1977 on litter cleanup. • California uses redemption centers- 1,100 grocery store recycling centers carry the load for all 40,000 locations selling beer or carbonated drinks. The-recycling-rate-for trevec c .aairs13ort ieii$a fl our 354%Sri .1 75.6% •1 A Massachusetts Public Interest Resear ch Group commissioned a study that showed an expanded bottle bill in that state would reduce public health costs resulting from cuts on broken glass by over$1.1 million. •:` Of the ten states with bottle deposit bills combined, population of approximately 77 million, 1.6 million tons of beverage containers were recycled compared to the remaining 40 states combined, population of approximately 186 million, who recycled only 1.3 million tons of beverage containers in 1995. AGENDA MANAGEMENT SCHEDULE - Draft Date: 7/21/00 2:51 PM • Council Meeting—August 1, 2000 City Council Meeting—August 15, 2000 Reports/Forum: Forum: Consent: Consent: I. Minutes 1. Minutes _. Approval of a prof sery agr for the engineering and design of sanitary 2. Approval of a Professional Service Agreement with Cheatham sewer improv to serve the Oak Hill Addn as part of a CDBG-SP Associates for the engineering and design of water line improvments to Approval of a prof sery agr w/bliss.Janney,Elstner Assoc.Inc for serve the Oak Hill Addition as part of the CDBG-SP engineering and design of street rehabilitation in Timberlake and 3. Interlocal Agreement with Grapevine for Library Services-KH Southview-SP 4. Amend Personnel policy manual to include Drug and Alcohol testing policy for CDL drivers-LS 5. Res. No.00-74, FM 1938-BC • 2"Reading!Pub Hearing&Related Items: 2nd Reading I Pub Hearing& Related Items: i. ZA 00-053. Z.Tr 3H,T.M. Hood, Glover I. Ord. #778,Noise Ordinance-MJ/Ord. No. 480-KK Noise Regs-KPG 2. ZA 00-043. SP,JIL Cutom Cabinets,Inc. 1.38 acres 2. Ord.#783,Amending Art II,Ch 8 of the Code of Ord. Relating to Municipal Court of Record-SL 3. ZA 00-056,ZCP,High Point, 14.654 acres,SF-lA to SF-20A 4. Bob Jones Concept Plan and Site Plan-KH **Pending P&Z Action 5. ZA 99-139,RZ/SP 114 Kimball Sq. 6. Res. No 00-79, (ZA 00-78),Specific Use Permit for a shade structure for Mirage Car Wash located at 955 N. Davis Blvd. **Pending P&Z action i i" Reading&Related Items: 1st Reading&Related Items: 1. Ord. #778. Noise Ordinance-MJ/Ord. No.480-KK Noise Regs-KPG 1. **ZA 00-068, RSP, Christian Men's Network, 3.97 acres 2. Ord. #783,Amending Art II,Ch 8 of the Code of Ord. Relating to 2. **ZA 00-024,Tr 3&3F, R,Price, "SP-2"&"AG"to "SF-1A" (Call) Municipal Court of Record-SL 3. **ZA 00-073,Consultants in Radiology, PA 3. **ZA 00-036.PP Simmons Addn 4. **ZA 00-068,Christian Men's Network 4. **ZA 00-057, PP Worthing Addition,6.50 acres 5. **ZA 00-023,Lt.4,Blk 1, Kimball 1 1709 Addition 5. **ZA 00-070, PR Blk 24, Southlake Town Square,5.624 acres 6. **ZA 00-082,Lowe's 14.726 acres(outside storage) 6. **ZA 00-071,PR,Blk 3R, Southlake Town Square,5.234 acres 7. **ZA 00-083. Rockenbaugh Elementary School, 15.357 ac. 7. **ZA 00-072,RPP,Blk 23,Southlake Town Square,3.518 acres 8. **ZA 00-086,Bob Jones Park 9. **ZA 00-087,Bob Jones Park 10. Ordinance No. , 1st Reading,Abandonment of a utility easement on **Pending P&Z Action Lot 12B,Block 1 in the Cedar Oaks Estates subdivision. -SP **Pending P&Z action Resolutions: Resolutions: 1. Res. No. , Resolution in support of SH 170 expansion-BP 1. Res. No._,Appoint to CCPD Board Consider: Consider: 1. Registration/fee policy for Parks&Rec programs-KH 2. Commercial developers agr for CISD No.6 Addition-CT 3. Award of Bid to for the construction of sanitary sewer improvements along N.Carroll(bid opening 7/13)-SP 4. Award of bid to for the abandonment of the lift station at Dove Creek (bid opening 7/13)-SP 5. Commercial developer's agr for Southlake Blvd.,Presbyterian Ch-CT 6. Commercial developer's agr for Gateway Plaza Phase 2,Unit 1-CT Residential developer's agr for Crown Ridge Addn Phase IA& I B-CT Request for a variance to Sign Ordinance No.704-A,for Loch Meadow Estates located at 939 N.Carroll Ave. Discuss: Discuss: Executive Session: Executive Session: V. .t- AGENDA MANAGEMENT SCHEDULE - Draft Date: 7/21/00 2:51 PM City Council Meeting- September 5, 2000 City Council Meeting - September 19, 2000 Forum: Forum: Consent: Consent: 1. Authorize IA w/CISD for natatorium—ICH 1 2nd Reading!Pub Hearing&Related Items: 2nd Reading Pub Hearing&Related Items: **Pending P&Z action **Pending P&Z action st Reading&Related Items: 1st Reading& Related Items: **Pending P&Z action **Pending P&Z action Resolutions: Resolutions: Consider: Consider: Discussion: i Discussion: I f AGENDA MANAGEMENT SCHEDULE -Draft Date: 7/21/00 2:51 PM Future City Council Meeting Forum: ' Consent: 1. Fort Worth Water Contract-RH 2. Award bid on handrails Town Hall -RH 3. Auth Mayor to execute letter authorizing TxDOT to change speed limits in construction zone on SH 114-SP 4. Award of Bid to for the purchase of furniture for Town Hall"to the AMS under consider items for September 5,2000? 5. Abndmnt of 15'utility easement on property owned by Fina(S-7)-SP 6. Abndmnt of 15'utility easement on property owned by Explorer(S-7)-SP 7. Permission to advertise for bids for the installation of a traffic signal at the intersection of Davis Blvd. and Continental-SP 8. Authorize the Mayor to enter into a prof servs agr w/JD Wilson and Assoc for development of a strategic plan-SKY 2nd Reading'Pub Hearing& Related Items: 1st Reading&Related Items: 1. Ord. #760.ROW Use Management Ordinance-RH/SKY 2. Ord.483-1. Amendments to Sub Ord No.483,-Park and Recreation Dedication Requirements-CC/KH 3. Ord. No. 774,Amendment to Trail System Master Plan-CC/KH Resolutions: 1. Res. 99-16. relating to limiting#of zoning applications-from 3/23 CC mtg Consider: 1. Sidewalk/Trail Implementation Plan 2. Prof Services Agreement-Michael Drive(PW-5/4/99) 3. Interlocal Agreement with Grapevine re: North Kimball-RH 4. Auth Mayor to enter into an IA w/NE Tarrant County Regional Water System(NETCRWS)-RH Discuss: I. Land Conservatory District . 2. Utility Policies&Standards Ordinance 3. Street Standard Ordinance 4. 5/16/2000-Ord.759,False alarm Ordinance-GW/DuPre 5. Ord. #_,Sign Ordinance-MJ 6. Ord.762,Adoption of Uniform Fire Code-RB • 7. Ord.770,High Grass/Weeds-MJ 8. Ord. 771,Nuisance Ordinance-MJ 9. Ord._,Abatement of Hazardous Buildings-MJ 10. **Amendment to Master Thoroughfare Plan-CC I I. Ord. No._,Right of Way Management(City attorney letter date 6/19/2000) 12. Emergency Preparedness Notification Program-GW 13. False Alarm Reduction Program-GW 14. 1997 Uniform Fire Code-GW 15. Revise Landscaped Ordinance to include bufferyards etc. -GW 16. Sign Ordinance Revisions-GW 17. Ordinance Establishing Regulations on Corps' Property-GW 18. Parade and Street Closure Ordinance-GW 19. Substandard Bldg.Ordinance-GW 20. High Grass/Weeds Ordinance revision-GW 21. Residential lighting standards review-GW 22. Mass Gathering Ordinance-GW 23. Elevator Ordinance-GW 24. Tree and Landscape Ordinances-GW Executive Session: July 2000 August 200 Ju 17 — S_�>-L1N T F 5--- — __.L1N T f S._.-- ze 3' r- 1 2 3 4 5 2, 2 3 4 5 6 7 8 32 6 7 8 9 10 11 12 'y 23 26 9 10 11 12 23 14 15 33 13 14 15 16 17 18 19 23 16 • 11 19 20 21 22 34 20 21 22 23 24 25 26 30 23 'ate 26 27 28 29 35 27 28 29 30 31 31 30 31 Monday,July 17 Thursday,July 20 7:30am 8:30am Metroport hosted by City of Southlake @ City Hall 5:00pm 5:30pm Chamber New Member Reception @ Grubbs Infiniti 6:30pm P&Z Meeting (City Hall) Tuesday July 18 Friday,July 21 7:00pm City Council Meeting(City Hall) Wednesda Jul 19' Saturday,July 22 6:00pm 8:00pm Town Hall Furniture Meeting (Tarrant County Sub-courthouse in Hurst) 7:00pm Special SPIN Standing Committee Meeting(Senior Center) Sunday,July 23 Meetings Events 1 7/21/00 July �� July 2000 August 20 w SMTWTF S S M 7—W__.._T___.F___.S-____ zs 1 3t 1 2 3 4 5 27 2 3 4 5 6 7 8 32 6 7 8 9 10 11 12 July O 28 9 10 11 12 13 14 25 29 16 17 18 19 20 21 22 13 14 15 16 17 18 19 333 20 21 22 23 24 25 26 30 23 24 25 26 27 28 29 33 27 28 29 30 31 3' 30 31 Monday,July 24 Thursday,July 27 11:30am 12:00pm Chamber Luncheon -GL Economic Dvlp update©Solana 4:30pm 5:30pm TMB-Steering Committee @ Senior Center 6:00pm SPDC(City Hall) 6:00pm 6:30pm Town HPII Operations meeting(Admin Conf) 7:00pm 9:00pm Friends of the Southlake Library @ Comm Ctr Tuesday,July 25 Friday,July 28 7:00pm 10:00pm Staff Meeting with adjacent property owners along FM 1938(Senior Activity Cen 7:00pm 8:00pm Library Foundation meeting(Senior Activity Center) Wednesday,July 26 Saturday,July 29 7:00pm 8:00pm Library Board meeting(City Hall) 7:00pm SPIN Meeting re: 1938 Expansion(CHS) Sunday,July 30 Meetings Events 2 7/21/00 "oink A 0 July 2000 August 2000 J u I 1 is T F S 31 C M---1-__2.--3-_4 5 27 2 3 4 5 6 7 B 32 6 7 8 9 10 11 12 August 6 ze 6 17 18 1 13 14 15 33 13 14 15 16 17 18 26 16 17 18 19 20 21 22 " 23 20 21 2224 25 26 30 23 24 25 26 27 28 29 I 30 31 35 27 28 29 30 31 Monda Jul 31' Thursday,August 3 Ci Manager Files proposed FY00-01 budget 6:30pm P&Z Meeting(City Hall) Tuesday,August 1 Friday,August 4 7:00pm City Council Meeting(City Hall) 9:00am 11:00am Town Hall Furniture Meeting(Tarrant County Sub-courthouse) Wednesday,August 2 Saturday,August 5 7:00pm 7:30pm Crime Control and Prevention District Board Meeting(Council Chamber) Sunday,August 6 Meetings Events 3 7/21/00 a REGULAR CITY COUNCIL MEETING: August 1, 2000 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City 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 DRAFT #1 7/21/00 3:44 PM AGENDA 1. Call to order. _'. 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 551.086. 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. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the Month Betsy Godboldt, White Chapel United Methodist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: Regular City Council Meeting Agenda DRAFT #1 August 1, 2000 Page 2 A. Approval of minutes of the Regular City Council meeting held July 18. 2000. B. Approval of a professional service agreement with Cheatham & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25th Program Year (1999) Community Development Block Grant (CDBG). C. Approval of a professional service agreement with Wiss. Janny, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisions. D. Resolution No. 00-74, Requesting participation by TxDOT for improvements to FM 1938 interchanges at SH 114 and FM 1938 improvements from SH 114 to FM 1709. E. Resolution No. 00-81, Amending the Personnel Policies Handbook to Include the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles. F. Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. REGULAR AGENDA 6. Public Forum 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-348, 1st Reading, (ZA 00-053). Rezoning of Tract 3H, Thomas M. Hood Survey, Abstract No. 706, being approximately 2.86 acres, from "AG" Agricultural District to "SF-1A" Single Family Residential District. PUBLIC HEARING B. ZA 00-043, SITE PLAN FOR J.LL. CUSTOM CABINETS on Lot 2, Block A, North Davis Business Park, involving 1.38 acres. Current Zoning: "I-1" Light Industrial District. Location: On the northwest corner of North Davis Business Park on Greenwood Drive. SPIN Neighborhood # 16. PUBLIC HEARING 8. Ordinances, first readings, and related items: • Regular City Council Meeting Agenda DRAFT #1 August 1, 2000 Page 3 A. Ordinance No. 480-KK, 1st Reading, Amendments to Comprehensive Zoning Ordinance No. 480. as amended, regarding noise regulations in Ordinance No. 480 to remove any conflict with the provisions of Ordinance No. 778. (KPG) Public Hearing set for August 15, 2000. (P&Z tabled to 7/20/00 P&Z mtg.) B. Ordinance No. 778. 1st Reading. Amending Chapter 11 of the Code of Ordinances of the City of Southlake by adding Article III to define certain noises to be a nuisance and prohibit them. Public Hearing set for August 15. 2000. C. Ordinance No. #783, Amending Article II, Chapter 8 of the Code of Ordinances relating to Municipal Court of Record. D. ZA00-036, PRELIMINARY PLAT FOR SIMMONS ADDITION on Lots 1 and 2. Simmons Addition, involving 20.713 acres. Current Zoning: "SF- 1A" Single Family Residential District. Location: On the south side of Brookwood Lane approximately 180' east of Raintree Drive. SPIN Neighborhood #6. Public Hearing set for August 15, 2000. E. Ordinance No. 783. lst Reading, Providing for the amendment of Article II of Chapter 8 of the Code of Ordinances relating to Municipal Court of Record. Public Hearing set for August 15, 2000. F. ZA 00-057, PRELIMINARY PLAT OF WORTHING ADDITION on Tract 2C1, J.W. Hale Survey, Abstract No. 803, involving 6.5043 acres. Location: On the south side of Rainbow Drive across from Sussex Court. SPIN Neighborhood #8. Public Hearing set for August 15, 2000. G. ZA 00-070. PLAT REVISION FOR PROPOSED BLOCK 2R, SOUTHLAKE TOWN SQUARE, on Block 2, Southlake Town Square, Phase 1, involving 5.624 acres. Location: On the north side of Civic Place across from Town Hall. SPIN Neighborhood #8. Public Hearing set for August 15, 2000. H. ZA00-071, PLAT REVISION FOR PROPOSED BLOCK 3R, SOUTHLAKE TOWN SQUARE, on Block 3 and Reserve Street, Southlake Town Square, Phase 1, and a portion of Tract 3, Richard Eads Survey, Abstract No. 481, involving 5.640 acres. Location: On the north side of Civic Place across from Town Hall. SPIN Neighborhood #8. Public Hearing set for August 15, 2000. I. ZA00-072, REVISED PRELIMINARY PLAT FOR PROPOSED LOTS 1 & 2, BLOCK 23, SOUTHLAKE TOWN SQUARE, on a portion of Tract 2A, Richard Eads Survey, Abstract No. 481, involving 3.518 acres. Location: On the north side of East Southlake Boulevard across from • Regular City Council Meeting Agenda DRAFT#1 August 1, 2000 Page 4 Miron Drive. SPIN Neighborhood #8. Public Hearing set for August 15, 2000. 9. Resolutions: A. Res. , resolution in support of SH 170 espansion (BP) 10. Other items for consideration: A. Registration% Fee policy for Parks and Recreation programs — KH B. Commercial developers agreement for CISD No. 6 Addition—CT C. Award of Bid to for the construction of sanitary sewer improvements along N. Carroll (bid opening 07/13)—SP D. Award of Bid to for the abandonment of the lift station at Dove Creek ( bid opening 7i 13)—SP E. Commercial developer's agreement for Southlake Blvd. Presbyterian Church—CT F. Commercial developer's agreement for Gateway Plaza Phase 2, Unit 1—CT G. Residential Developer's agreement for Crown Ridge Addition Phase 1 A and 1 B—CT H. Request for variance to Sign Ordinance No. 704-A, for Loch Meadow Estates located at 939 N. Carroll Avenue. 11. Other items for discussion: 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, July 28, 2000 at 6:00 p.m., pursuant to the Texas Government Code. Chapter 551. t w Regular City Council Meeting Agenda DRAFT #1 August 1, 2000 Page 5 Sandra L. LeGrand 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 481-5581, extension 704, and reasonable accommodations will be made to assist you. Regular City Council Meeting Agenda DRAFT #1 August 1, 2000 Page 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 litigations, 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. Carroll/1709 LTD. vs. The Board of Adjustments of the City of Southlake. October 1999. 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 551.086 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may deliberate regarding economic development negotiations. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION. City of Southlake, Texas MEMORANDUM July 21, 2000 • TO: Billy Campbell, City Manager FROM: Shawn Poe, Assistant City Engineer, extension 846 SUBJECT: Approval of a professional services agreement with Cheatham & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25th Program Year (1999) Community Development Block Grant (CDBG) Action Requested: Approve a professional services agreement with Cheatham & Associates, Inc. for tht engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25th Community Development Block Grant (CDBG) Program. Background Information: The City has participated in the CDBG program since 1994. Prior to 1994, the City did not qualify for CDBG funds because there were not any known qualified target areas within the City. The current target areas were established following staffs request to Tarrant County to perform a survey for determination. In 1995, Sutton Place and Oak Lane were approved as qualified target areas under the CDBG program. Consequently under Council direction, staff implemented a plan to construct sanitary sewer, water, paving and drainage improvements to serve the residents of Sutton Place and Oak Lane. Below is a list of the completed past projects that have been funded partially or in full by CDBG funds. CDBG PROGRAM PROJECT YEAR 20T_ (1994) 12" Waterline along Florence 2ls` (1995) 12" Waterline along Randol Mill 22ND(1996) Sutton Place Sewer 23RD(1997) Sutton Place Drainage 24'11 (1998) Sutton Place Water &Paving For the 25th Program Year CDBG, Oak Lane is scheduled to have sanitary sewer constructed (see attached project map). The necessary right-of-way required to construct the sanitary sewer line was previously donated to the City by each resident in Oak Lane. Sanitary sewer was stubbed to the southeast property line of the Oak Lane Addition as part City of Southlake, Texas of the Regal Oaks subdivision construction. The proposed sewer for Oak Lane will connect to the stub provided at the southeast corner of the Oak Lane Addition. Included as part of this project is constructing a service line from each residence to the proposed sewer main line. Financial Considerations: The professional services agreement for the engineering and surveying for the sanitary sewer improvements to serve the Oak Lane Addition totals $32,075. The estimated cost to design as well as construct the sanitary sewer and connect each house to the sewer line is $383,870. The anticipated CDBG cost participation is $93,000. The CDBG funding is subject to change depending on the amount appropriated each year to the program by the federal government. Therefore, the estimated City's contribution to the cost of this project is $290,870. The CIP budget appropriated $300,000 for the City's contribution for the engineering, surveying, and consti ,ction of the sanitary sewer to serve the Oak Lane Addition. Citizen Input/ Board Review: There have been several public hearings in the past regarding the improvements to Oak Lane. Previous City Council's have committed to the residents using the allocated CDBG funds along with matching City funds to construct these improvements Legal Review: None. Alternatives: Not applicable. Supporting Documents: Oak Lane Project Map Proposal from Cheatham & Associates, Inc. Staff Recommendation: Staff recommends City Council approve the professional services agreement with Cheatham & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition. Please place this item on the August 1, 2000 Regular City Council Agenda for approval. SEP/sep �Q-2- CITY OF SOLTHLAKE 25th YEAR CD3G PROJECT VAR OA'K LA\ E ADDITION RANDOL MILL ROA) O D D X X r y W Z Z ▪ -J K W �d 6 r N n er Z Z a a_ a M P 1 Q Q n n 00 � r0 O 0 a a O 0 o: � a 4 SCALE 1" = 200' LEGEND • Proposed Sewer Line ��� _o- _ ` EXISTI •SANITARY SEWER ��S Existing Sewer Line ` • • J • `E) PTARMIGAN ST NO S6•-j CHEATHAM AND ASSOCIATES June 6. Too Mr. Ron Harper, P.E. Director of Public Works City of Southlake 1721 East Southlake Blvd., Suite 100 Southlake. TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Sewer System Improvements Consisting of a Sanitary Sewer System for Oak Hill Mobil Home Park CONSULTANT'S UNDERSTANDING The City of Southlake is currently proposing to construct a sanitary sewer system to serve the Oak Hill Mobil Home Park. The system consists of a sewer collection system, as well as service lines to each resident, which will be connected to the mobile home. This system will provide the residents with city sewer in lieu of septic tanks. This project is partially funded by a Community Development Block Grant(CDBG)which is a federally funded program administered by Tarrant County. Due to the scope of the project,the CDBG grant is not adequate to fund the entire project. The grant represents approximately $90,000 leaving approximately $290,000 to be funded by the City. Therefore,this proposal relates to the engineering and surveying for the city's share of the project. The project will include the surveying, design, bidding, and contract administration of the proposed construction, as follows: SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required,will also be furnished. (See Item 3.2) 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the sewer system. The design will be in accordance with applicable state and local regulations. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 Mr. Ron Harper P.E. June 6, 2000 City of Southlake Page 2 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Fasements (if required) 3.1 Our firm will conduct the search for deeds and conduct other re;,;arch at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering,preparation of construction plans and specifications,preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans for a flat fee of$23,825.00 for engineering, and$8,250.00 for surveying, including design surveys and construction staking. It is assumed that the sewer lines will be constructed within city street right-of-way, and no private easements will be required. If easements are necessary, they will be provided at an additional fee to be agreed to by the city. (See attachment"A" for cost breakdown.) TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. Mr. Ron Harper P.E. June 6 2000 City of Southlake Page 3 GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham,P.E. F:\WORD\PROPOSAL\SOUfHLAK\Mobile Home Parkwpd • AUTHORIZATION TO PROCEED: Accepted this • day of , 2000 By: Title: ATTACHMENT "A" ENGINEERING/SURVEYING FEE CALCULATION: PRELIMINARY DESIGN PHASE: Field Crew $ 75.00 x 55 hrs $ 4,125.00 Staff Engineer $ 75.00 x 30 hrs. . . . $ 2,250.00 Cad Technician $ 55.00 x 80 hrs. . . . $ 4,400.00 SUB-TOTAL $ 10,775.00 FINAL DESIGN PHASE: Staff Engineer $ 75.00 x 80 hrs $ 6,000.00 Cad Technician $ 55.00 x 165 hrs. . . . $. 9,075.00 SUB-TOTAL $ 15,075.00 CONSTRUCTION PHASE: Field Crew $ 75.00 x 55 hrs $ 4,125.00 Staff Engineer $ 75.00 x 28 hrs $ 2,100.00 SUB-TOTAL $ 6,225.00 TOTAL SURVEYING $ 8,250.00 TOTAL ENGINEERING $23,825.00 TOTAL FEE $32,075.00 City of Southlake, Texas MEMORANDUM July 21, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Assistant City Engineer, extension 846 SUBJECT: Approval of a professional services agreement with Wiss, Janney, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisions Action Requested: Approve a professional services agreement with Wiss, Janney, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisi)ns. Background Information: Previously in the Timarron Bent Creek subdivision, the pavement in several areas became distressed. In 1995, the City hired the engineering consultant firm of Wiss, Janney, Elstner Associates, Inc. to investigate the cause of the distressed pavement and more importantly, to develop a solution to remedy the situation. The cause of the distressed pavement stemmed from soil migration in the sanitary sewer trench, which was located in the middle of the street. As per City requirements, gravel embedment was installed entirely around the perimeter of the sanitary sewer pipe, which included a•depth of twelve inches above the pipe. Once the gravel embedment was installed around the sewer pipe, the remaining portion of the trench was backfilled with a granular material. The investigation found that the granular material migrated into the voids of the gravel embedment. As the migration continued over time, voids were created between the sewer trench and the bottom of the concrete pavement. Therefore, the pavement did not have any support from the subgrade. The pavement became distressed and began to crack and fail once the loading on the pavement exceeded the allowable strength of the concrete. Once the cause was determined, the consultant recommended a solution. Upon the consultant engineer's recommendation, the voids in the gravel embedment were filled with an injected concrete slurry, thus eliminating the granular migration. The distressed areas were removed and the subgrade beneath the pavement was re-compacted and stabilized. Once this was accomplished, new concrete pavement was installed. The rehabilitation of the pavement in the Timarron Bent Creek subdivision was completed in June 1999. SC-1 City of Southlake, Texas 1 In the wake of these problems, the City changed the construction standards for constructing sanitary sewer lines. Furthermore, the City prohibits the installation of sewer lines beneath the pavement (except at crossings). Nonetheless, distressed pavements have occurred in other subdivisions that were constructed prior to changing the construction standards. Two of these subdivisions are Timberlake and Southview (see attached project map). The professional services agreement is for the engineering and design of construction plans in order to rehabilitate the distressed pavement in those subdivisions. Financial Considerations: The professional services agreement for the engineering and surveying for the pavement rehabilitation in Timberlake and Southview totals $22,700. The CIP budget appropriated $600,000 for the engineering, surveying, and construction cost for this project. Citizen Input/ Board Review: Not applicable. Legal Review: None. Alternatives: Not applicable. Supporting Documents: Timber Lake and Southview Project Map Proposal from Wiss, Janney, Elstner Associates, Inc. Staff Recommendation: Staff recommends City Council approve the professional services agreement with Wiss, Janney, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisions. Please place this item on the August 1, 2000 Regular City Council Agenda for approval. SEP/sep Cam,_-2 t TIMBERLAKE & SOUTHVIEW I 1 PAVEMENT REHABILITATION PROJECT MAP TIMBERLAKE ' II1709/SHADY :--y,° � _ ll` I _ I F.M.1709 Alr /0 Fts: , , i - I. __ Algal 44,, ' umhow k 41 ••4 _ - lapijKLONak ' NS .t'`+j WO -OW 144' I 111111.11 � *Illitif Willitaltiat'vt Wi -...);''' . Ow NMI /wpirelp-mn-triromm 70S4411Ip larli it-00.1 r � it 4,400...Aratott,# 44ini ..*Itil inveT7 • F / - , 'nu% !,,, __.-NliiiO4 it, Inlimogr ._ two..N . :: ►�� j ' etk-us c t4,1 ri _ 1-- SOUTHVIEW , � 1 ACRE g / L ‘.AK� CITY i • .. 14 V —et sT c- HALL 1 '--1•6:Ny:___S—T-- .1 111111 ----4ANLTON I N F,�./ --- 1 FEDERAL WAY k 'l he - O • PR OSPECT STREET O L��N tlVIC Pt a 1 _1 I / ►NW Si ST LEGEND DISTRESSED PAVEMENTS Wiss, Janney, ElstnerAssociates, Inc. 3050 Regent Boulevard,Suite 100 WJE Irving,TX 75063-3107 Engineers,Architects, Materials Scientists (972)550-7777 fax:(972)373-9403 http://www.wje.corn Headquarters June 16. 2000 Northbrook,IL afces Mr. Shawn Poe, P.E. A::-aka City of Southlake Aus.rin 1721 East Southlake Boulevard Cii:go Southlake, TX 76092 Cleveland Dallas RE: Pavement Repairs at Timberlake and Southview Subdivisions Denver WJE Nos. 2000.2008 and 2000.2009 Dnroit Dear Mr. Poe: Horotata Houston Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to present this proposal for engineering Memphisservices to investigate and develop repairs for distressed pavements at the Timberlake a d "i""aP°liS Southview subdivisions in Southlake, Texas. The proposed scope of work is based on our verbal New York discussions as well as conditions observed during our brief site visit on May 25,2000. Princeton San Francisco Seale BACKGROUND AND DESCRIPTION Washington,DC During a 1995 investigation and subsequent development of repairs for distressed pavement conditions at the Timarron subdivision in Southlake, it was brought to our attention that limited similar distress had occurred at pavements in other Southlake subdivisions, including Timberlake and Southview. At that time, following a ground penetrating radar survey (GPR) for under-slab voids of the Timarron streets, GPR studies were performed at limited sections of streets in four other subdivisions, including Timberlake and Southview. In those two subdivisions, distressed pavement conditions still exist, and the City of Southlake (the City) has now determined that an investigation of the cause(s) of the distress should be performed so that appropriate engineering documents can be prepared for repair of the streets. PROPOSED SCOPE OF WORK We propose to perform the following tasks at each subdivision. Task 1 — Perform a site condition survey to document the types, severity and locations of pavement distress. The distress conditions will be recorded on plan drawings and supplemented with photographs. This survey will be performed at all streets in each subdivision and will provide a baseline condition survey for future reference. It will also be used to develop our recommendations for prioritizing the areas to be repaired. Task 2 — Study and compare the results of the condition surveys with the data from the 1995 GPR survey performed at selected locations at the two subdivisions. The limited GPR survey in 1995 did not include all streets in the subdivisions, but comparison of the results of the two studies will allow us to determine if the distress is related to under-slab voiding and determine the need for additional GPR studies. a(..--u{ Wiss, Janney, Elstner Associates, Inc. Mr. Shawn Poe, P.E. June 16, 2000 City of Southlake Page 2 Task 3 —This task will depend on the outcome of Tasks 1 and 2, and may include: a. Drill cores at selected locations to detect and measure under-slab voids to compare to the 1995 data,and/or b. Conduct limited additional GPR measurements at selected distressed and non-distressed locations, and/or c. Conduct a full GPR survey of all the streets in both subdivisions. Task 4 — Perform a geotechnical investigation, including soil borings and analyses to determine if the subgrade and utility backfill materials are generally the same as or similar to those found at the Timarron subdivision in order to determine the appropriateness of repair methods similar to those used at Timarron. Task 5—Pre1.ire a brief report of our findings from the above tasks for presentation to the City.The report will include recommendations for prioritizing the street repairs. Task 6 —Develop plans and specifications for repairs.These will be "global" in the sense that they will be applicable to all areas requiring repair in each subdivision, but will be such that they can be used for specific areas selected for repairs at this time. Task 7 —Prepare bid documents for each subdivision, based on the prioritization established by the City, and assist in the evaluation of the bids. Task 8—Provide engineering services as needed during the construction(repair)phase. BUDGET RECOMMENDATION AND SCHEDULE As discussed with you by phone, we propose to perform this work in a phased manner with the Phase I scope to include Tasks 1 and 2 above for each subdivision. When performing the work, WJE will treat each subdivision as a separate project for budgeting purposes. There will obviously be some economies achieved by performing the two projects concurrently,and the costs will be divided accordingly. The recommended budgets and schedules are based on the anticipation that a CAD file will be made available to WJE containing the plan view street drawings for each subdivision. Although most of the drawings are not needed for Tasks 1 and 2, we also anticipate that complete plans and specifications for the original utility and street construction will be available. We recommend that a budget of $12,500 be provided for Phase I at Timberlake and $10,200 for Southview. This budget includes engineering and technician fees and expenses. Actual charges for our services will be invoiced to the City on a time and expense basis using our standard hourly rates in effect at the time the work is performed. All services are provided in accordance with our Standard Terms and Conditions dated August 1, 1996, copy attached. We anticipate beginning the field work approximately two weeks after receiving your approval to proceed and receiving the CAD files and drawings. If CAD files and/or drawings are not available, additional time (and budget) will be needed. We anticipate completing the field survey and analysis within four weeks of beginning the field work, after which we will provide our recommendation for the next phase of work. Wiss, Janney, Elstner Associates, Inc. Mr. Shawn Poe,P.E. June 16,2000 City of Southlake Page 3 Thank you for requesting this proposal from WJE. We look forward to working with you again. Please call if you have any questions. Very truly yours, WISS, JANNEY, ELSTNER ASSOCIATES, INC. • Douglas W. Deno, P.E. Project Manager DWD/ddp Attachment Accepted by: Signature Typed or Printed Name For: Company Date: G:12000PROJ120081PLO61600 G:12000PROJ120091PL061600 ke Wiss, Janney, Eistner Associates, Inc. STANDARD TERMS AND CONDITIONS Page 1 of 2 August 1,1996 These Standard Terms and Conditions shall continue in full force and effect during, as well as after, the completion or termination of Wiss, Janney, Elstner Associates, Inc.'s (WJE) employment. These Standard Terms and Ccr.ditiens shall ccntrci any conflicting tern or condition unless WJE shall agree in writing. PERFORMANCE exclusive (net) of local or county excise and other WJE and its employees will exercise the degree of skill business or business license taxes. The client and care expected by customarily accepted practices represents it is aware of all such taxes and shall be and procedures. No warranties, expressed or implied, responsible to reimburse WJE upon presentation by are made with respect to WJE's performance, unless WJE of the cost of such taxes by an invoice within one agreed to in writing. WJE is not a guarantor of the year of completion of services. project to which its services are directed, and its responsibility is limited to work performed for the client. CLIENT DUTIES WJE is not responsible for acts or omissions of the In order for WJE to perform the services requested,the client, nor for third parties not under its direct control. client shall, at no expense to WJE, (1) provide all WJE shall not be liable for any reason for any special, necessary information regarding client's requirements as Indira,/or consequential damages includir,;j loss of use necessary for orderiy progress of the work,(2)designate and loss of profit. WJE may rely upon, information in writing a person to act as client's representative for supplied by the client engaging WJE,or the contractors services to be rendered under this Agreement, which or consultants involved, or information available from person shall have authority to transmit instructions, generally accepted reputable sources, without receive instructions and information,interpret and define independent verification. WJE services are being client's policies and requests for WJE's services,and(3) performed solely for clients benefit and no contractor, provide access to and make all provisions for WJE to subcontractor,supplier,fabricator,manufacturer,tenant, enter,without cost,limitation or burden to WJE,publicly occupant,consultant,or other third party shall have any or privately owned property as required to perform the claim against WJE as a result of Its services. work, including the use of scaffolds or similar mechanical contrivances. WJE shall not have control over or charge of and shall not be responsible for construction means, methods, SAFETY techniques, sequences or procedures, or for safety Field work of WJE will be performed only under precautions and safety programs in connection with the conditions deemed safe by our personnel.Charges may project, since these are solely the responsibility of be made for safety or security measures required by others.WJE shall not be responsible for the contractor's hazardous job conditions.WJE is not responsible for the schedules or failure to carry out the project in safety of other persons or property. accordance with contract documents. WJE shall not have control over or charge of acts or omissions of the HAZARDOUS MATERIALS contractor,subcontractor,or their agents or employees, If WJE encounters, or reasonably suspects that It has or of any other non WJE persons performing portions of encountered, hazardous materials in the project, WJE the project. shall cease activity on the project and promptly notify the client. The client shall initiate action, where USE OF REPORTS, DRAWINGS, ETC. appropriate, to identify and investigate the nature and WJE retains ownership of letters, reports, drawings, extent of hazardous materials in the project and to abate specifications, photographs, test data, notes and other and/or remove the same as may be required by federal, work product it has created.These documents or parts state or local statute,ordinance,code,rule,or regulation thereof may not be reproduced in advertisements, now existing or hereinafter enacted or amended. Unless brochures,or sales material, nor used by the client for otherwise specially provided in writing, the services to any purpose other than the purpose for which they were be provided by WJE do not Include identification of prepared, nor by third parties, without the written hazardous materials,and WJE has no duty to identify or permission of WJE.Conclusions by WJE based on test attempt to identify the same within the area of the results are limited to the specific conditions for which the project. tests were performed. If the client requests our work product be stored by some form of electronic media(i.e. It is further understood and agreed that services WJE CAD,word processor,spread sheet files,etc.),the client will undertake for the client may be uninsurable agrees that WJE shall not be held liable for the obligations involving the presence or potential presence completeness, accuracy or longevity of these materials. of hazardous materials. Therefore, the client agrees, except (1) such liability as may arise out of WJE's sole PROPOSALS negligence in the performance of services under this Proposals expire 120 days after submission to a client agreement or (2) to the extent of insurance coverage unless a different expiration limit is Included in the available for the claim,to hold harmless,indemnify and proposal. WJE may withdraw or modify a proposal at defend WJE and its employees, subcontractors and any time prior to acceptance by the client. All fees and agents from and against any and all claims, lawsuits, expenses quoted in proposals or stated in invoices are damages,liability and costs,including but not limited to, STANDARD TERMS AND CONDITIONS Page 2 of 2 August 1,1996 costs of defense, arising out of or in any way connected replacement cost per day, subject to adjustment for with the presence, discharge, release, or escape of minimum or extended usage. hazardous materials. This indemnification applies only to existing conditions and not to conditions caused or AFFILIATED CONSULTANTS created by WJE. 'Hazardous materials' means any WJE retains certain affiliated consultants as independent substance, waste, pollutant or contaminant,in whatever contractors, but provides insurance and support form, now or hereafter included within such terms under services. These affiliated consultants are billed at rates any federal, state or local statute, ordinance, code, rule equivalent to WJE employees of similar education and or regulation now existing or hereinafter enacted or professional experience. amended. SUBCONTRACTED SERVICES SUSPENSION OF SERVICES Services are billed at cost plus 10%if the subcontractor If the client fails to make payment when due WJE for firm has at least $500,000 of Professional/General services and expenses, WJE may, upon seven days' Liability Insurance, otherwise cost is marked up 20%. written notice to the client, suspend performance of The mark-up does not apply to subcontractor's services under this Agreement.Unless payment in full is reimbursable expenses,such as a subcontractor's travel received by WJE within seven days of the date of the expenses. notice, the suspension shall take effect without further notice. in the event of a suspension of services, WJE STORAGE shall have no liability to the client for delay or damage Material samples not consumed in our work may be caused the client because of such suspension of discarded 30 days after submission of the test report services. unless the client requests other disposition. Charges may be made,after notification,for extended storage of FIXED PRICE CONTRACTS materials, records, or equipment. WJE will exercise Where WJE and the client have agreed to a fixed price reasonable care in safeguarding materials, records, or contract, the following terms and conditions are equipment,but disclaims any liability for loss or damage. specifically excluded: Time Charges, Expenses, Equipment Usage, Affiliated Consultants, and SUBPOENAS AND COURT ORDERS Subcontracted Services. Progress payments will be The client is responsible,after notification, for payment made monthly as a percent of completion unless of time charges, attorney fees and other expenses otherwise arranged with the client. Other stated billing resulting from a required response to subpoenas or terms remain in effect. court orders issued at the request of any party concerning any part of our work.Charges are based on TWE CHARGES billing rates in effect at the time of our response. Time charges are accrued on an hourly basis, unless other arrangements are established. Minimum time INSURANCE charges of personnel at a job site is 8 hours per day, WJE is protected for general, automobile, workers' unless time can be utilized on another job. No increase compensation and employers' liability coverage by in rates for overtime. No charge for out-of-town travel policies written by national insurance carriers rated by time of professional staff outside of normal 8-hour the A.M. Best Company. The primary limits are workday unless time Is productive. Technicians may $1,000,000 with a $2,000,000 aggregate on general charge up to 2 hours on weekdays for out-of-town travel liability. Excess coverage applies to exposures over outside of normal workday,or up to 4 hours per day for - $1,000,000.Endorsements are not allowed.Coverage is out-of-town travel on weekends. Billing rates may be subject to annual renewal. Increased coverage will be increased annually, after notification to the client sought if requested.However,charges for this additional coverage will be billed to the client EXPENSES Public transportation, subsistence and out-of-pocket BILLING TERMS expenses incurred during travel, communications, The firm or individual engaging WJE Is responsible for reproduction and shipping charges will be billed at cost payment of charges unless WJE is notified in writing, plus 5% (invoiced as an expense service fee.) prior to the time that the charges are Incurred, that the engagement is on behalf of another party.Accumulated Expended materials for field and laboratory charges will be billed in approximately monthly intervals. investigations, rental equipment,and fees advanced on State and local sales and use tax will be included In the client's behalf will be billed at cost plus 10%(invoiced as billing if applicable. Payment in full is due upon receipt an expense service fee.) of the Invoice. Invoices which are unpaid 30 days from the invoice date are considered past due and subject to Company or personal vehicles $ 0.35 per mile an interest charge at the rate of 11/2% per month (or at Computer usage $20.00 per hour a lower maximum legal rate)plus related attorneys'fees and collection expenses. Clients may be charged for the cost of providing copies of receipts or detailed'back-up'information concerning The client is responsible for payment of all charges. expenses. Agents of the client who engage WJE are also responsible for payment of all charges unless WJE EQUIPMENT USAGE agrees otherwise in writing prior to the time that the Equipment usage is approximately equal to 1% of the charges are incurred. City of Southlake, Texas MEMORANDUM July 7, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Resolution No. 00-74, Requesting Participation by the State of Texas Department of Transportation for improvements to FM 1938 Interchange at SH 114, and FM 1938 Roadway Improvements from SH 114 to SH 1709. Action Requested: Approval of Resolution No. 00-74, Requesting Participation by the State of Texas Department of Transportation for improvement to FM 1938 Interchange at SH 114, and FM 1938 Roadway Improvements from SH 114 to SH 1709. Background Information: . Recall that for several months we visited with Trophy Club to find a solution to the closing of Kir.c-wood Boulevard, however, no alternative presented itself that would be acceptable to all parties involved - the Cities of Southlake, Trophy Club, and Westlake, Sabre, and TxDOT. Through the efforts of the Metroport Cities Partnership (MCP) a recommendation to request the State's assistance in participating in an interchange at FM 1938 and SH 114 appears to be a viable solution agreed to by all neighboring cities and corporate business —Fidelity, Sabre, and Maguire Partners. Concerning the FM 1938 extension, Bruce Payne, Greg Last and myself met with the Metroport Transportation Committee again on July 5, 2000. We are still waiting on design and engineering cost estimates. For a summary of information up to this point on this subject, please refer to the attached excerpt from the 6/23/2000 CM Notes. Financial Considerations: None at this time. Participation in the project will be a collection of City and corporate funding. I expect cost to be limited to design and engineering costs. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: None. Supporting Documents: Resolution No. 00-74 Staff Recommendation: Approve Resolution No. 00-74. Extension of FM 1938. Mayor Stacy and I met with various representatives of our contiguous cities S and Metroport Transportation Committee members to discuss the extension of FM 1938 from FM 1709 to SH 114. As most of you know, I try to allow political bodies to bring forth those issue that are important to them and then have staff work toward a successful conclusion. In this particular case, I would like to emphasize the importance of this project. I believe it is imperative that we work as a group to extend this roadway. I feel that there are a lot of advantages (that I will illustrate in a later memo) in working collectively for this expansion. The advantages are not for the sole benefit of our contiguous cities: Southlake's traffic management plan needs this north-south road. I would like to bring forward a resolution that encourages our dedication to this project. As you will recall the last time this plan came forward, various individuals in Westlake were adamant that this project not go forth. Those bridges have been crossed and the Town of Westlake has acquired all of its needed right-of-way. If we go forward with this project, the county will likely acquire the Southlake and Keller portion of the right-of-w ty needed. Our fiscal participation may be limited to contributing to engineering design work with the cost of that being funded by the various municipalities, Metroport Cities, and private corporations such as Sabre, Fidelity, and Maguire Partners. I am unable to explain the full financial impact due to the fact that we have not received engineering figures or talked with the corporate partners. As I bring the resolution forward, I will illustrate methods for funding, probable city participation, and other pertinent information such as daytime population of Fidelity and Sabre and the current and future impact on Davis Boulevard and on our minimal number of north-south roads. We currently have this impact today without the extended road; we will double or triple our count, which will create more cut-through traffic through our neighborhoods. This road extension also will serve as a viable solution for Southlake in regard to Trophy Club's traffic problems. 1✓ RESOLUTION NO. 00-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REQUESTING PARTICIPATION BY THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO FM 1938 INTERCHANGE AT SH 114, AND FM 1938 ROADWAY IMPROVEMENTS FROM SH 114 TO SH 1709; PROVIDING AN EFFECTIVE DATE; AND, PROVIDING A SAVINGS CLAUSE. WHEREAS, State Highway 114 and State Highway 1709 represent primary east-west means of access for all cities in northeast Tarrant and southern Denton County; and WHEREAS, State Highway 114 and State Highway 1709 do not have an adequate north- south connection to serve increasing commercial and residential development demands; and WHEREAS, the State of Texas Depart tent of 1 ransportation has long recognized the need for a north-south connector for SH 114 and SH 1709 by designating FM 1938, know locally as Precinct Line Road in Keller, a section of Randol Mill Road in Southlake and Precinct Ling Road in Westlake as the preferred north-south connector route; and WHEREAS, the commencement of construction on the Fidelity Investments Regional headquarters in Westlake, initially employing 1,800 people and ultimately employing at least 2,500 people , and the commencement of construction of Sabre, Inc. Headquarters in Southlake, initially employing 2,000 people and ultimately employing as many as 10,000 people, require immediate additional north-south access to prevent dangerous traffic loads on existing north-south residential streets in Westlake, Southlake, and Keller; and WHEREAS, private support from Fidelity Investments, Sabre, Inc., Hillwood Development Corporation, Maguire Partners and many others have committed support for the completion of FM 1938 Interchange and FM 1938 roadway by performing design work, dedicating right-of-way or committing funds to support the project; and WHEREAS, public support for the project has already been received in the form of dedicated right-of-way necessary to construct the project and the necessary adjacent right-of-way dedication for the NETCRWS water line to provide necessary water supply to Southlake, Keller, and Westlake; now THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTHLAKE, TEXAS: .5"0- 3 City of Southlake, Texas MEMORANDUM • July 21, 2000 TO: Billy Campbell, City Manager FROM: Lauren Safranek, Human Resources Director SUBJECT: Resolution No. 00-81, Amending the Personnel Policies Handbook to Include the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles. Action Requested: Consideration of Resolution No. 00-81, approving the amendment of the employee handbook to include the drug and alcohol testing policy for employees driving commercial vehicles. Background Information: The City is required to comply with the Omnibus Transportation Employee Testing Act of 1991 as amended (the Act), and the regulations promulgated by the U.S. Department of Transportation, which require employers to test employees who drive commercial vehicles, as part of their job duties, for the • use of alcohol and drugs. The purposes of the provisions of the Act and the regulations are to deter misuse of alcohol and drugs and to protect the public from the damage such misuse may cause. This policy applies to: 1. City employees who drive a commercial vehicle; 2. applicants for a position which includes, as a part of the job duties of the position, a requirement that the employee operate a commercial vehicle, either full-time, part-time, casual, intermittently, or occasionally; and 3. City employees who transfer into a position that includes, as a part of the job duties of the position, a requirement that the employee drive a commercial vehicle The Act requires random drug and alcohol tests, tests for reasonable suspicion, tests after an accident and tests before occupying a position that requires driving a commercial vehicle. To implement the Federal requirements, the City recommends adoption and implementation of this policy. • 5E-1 Billy Campbell July 21, 2000 Page Two Financial Considerations: Adopting a drug and alcohol testing policy has minimal financial impact. The City currently conducts drug tests all new employees before hire, and upon reasonable suspicion. Post-accident tests will cost about $40 per incident, and random drug testing will cost about $125 per year to have this administered by an independent third party. Citizen Input: Not Applicable Board Review: Not Applicable. Legal Review: The attorneys have reviewed the policy and addressed any legal issues pertaining to the drug and alcohol testing policy. Alternatives: The alternatives are to not adopt a policy. Supporting Documents: A copy of the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles and Resolution 00-81. Staff Recommendation: Staff recommends placing this item on the August 1, City Council meeting agenda. 5E-2 RESOLUTION NO. 00-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS, AMENDING THE PERSONNEL POLICIES TO INCLUDE THE DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES DRIVING COMMERCIAL VEHICLES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager shall be responsible to the Council for the proper administration of all affairs of the City including the preparation of personnel policies; and WHEREAS, according to the City of Southlake (the "City") Charter section 4.14(9) personnel rules are subject to the approval of Council; and WHEREAS, the City Manager recognizes the need to update, revise, or add policies to reflect changes in laws or City practice; and WHEREAS, the drug and alcohol testing policy for employees driving commercial vehicles accomplishes the purposes described above in a manner that accommodates the legitimate interests of the City, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE E CITY OF SOUTHLAKE, THAT: Section 1: The City of Southlake hereby amends the personnel policies to include the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles. Section 2: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2000. Rick Stacy, Mayor ATTEST: 1 Sandra L. LeGrand, City Secretary 5E-3 CITY OF SOUTHLAKE PERSONNEL POLICIES Topic: Drug and Alcohol Testing for Employees Section: Drug and Alcohol Testing Driving Commercial Vehicles Effective Date: August 1, 2000 Approved By: Resolution 00-81 Revision Date: 1.0 Federal Mandate The City is required to comply with the Omnibus Transportation Employee Testing Act of 1991 as amended (the Act), and the regulations promulgated by the U.S. Department of Transportation, wh:zh require employers to test employees who drive commercial vehicles as part of their job .,uties, for the use of alcohol and drugs. The purposes of the provisions of the Act and the regulations are to deter misuse of alcohol and drugs and to protect the public from the damage such misuse may cause. To implement the Federal requirements, the City adopts and implements this policy. 2.0 Applicability This policy applies to: 1. City employees who drive a commercial vehicle; 2. applicants for a position which includes, as a part of the job duties of the position, a requirement that the employee operate a commercial vehicle, either full-time, part-time, casual, intermittently, or occasionally; and 3. City employees who transfer into a position that includes, as a part of the job duties of the position, a requirement that the employee drive a commercial vehicle. 3.0 Definitions 3.1 Alcohol — The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. 3.2 Alcohol Concentration (or Content) -means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 3.3 Alcohol Test - Test conducted by a Breath Alcohol Technician, or any other person approved by the U.S. Department of Transportation rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of breath, or 5E-4 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 5 any other test used to detect the presence of alcohol that is approved by the Federal Highway Administration (FHWA). 3.4 Alcohol Use- means the consumption of any beverage, mixture, or preparation, including medication, containing alcohol. 3.5 Breath Alcohol Technician(BAT) - An individual who instructs and assists individuals in the alcohol testing process and operates the evidential breath testing device. 3.6 City- City of Southlake, Texas. 3.7 City-Designated Represent give (CDR) - The primary contact person designated by the City to receive all informatLon and reports from the Medical Review Officer, the Breath Alcohol Technician, the Substance Abuse Professional and the laboratories. The CDR is also the designated contact person for inquiries regarding this policy. The CDR for the City is the Director of Human Resources. 3.8 Commercial Motor Vehicle—A motor vehicle or a combination of motor vehicles used in a commerce to transport passengers or property if the motor vehicle: 1. has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 2. has a gross combination weight of 26,001 or more pounds; 3. is designed to transport 16 or more passengers, including the driver; or 4. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulation(149 C.F.R. 172, subpart F). 3.9 Confirmation Test 1. for alcohol testing, a second test following a screening test with a result greater than 0.02 that provides quantitative data of alcohol concentration. Confirmation of the screening test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test. 5E-5 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 6 2. for drug testing, a second analytical procedure to identify the presence of a specific drug or drug metabolite which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy. (Gas Chromatography/Mass Spectrometry (GC/MS) is the authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine). 3.10 Driver — Any employee who holds a Commercial Driver's License and is subject to operating a Commercial Motor Vehicle at the direction of, or with the consent of the City including, but not limited to, full-time, part-time, regularly employed drivers, casual, intermittent or occasional drivers, or any person applying to the City for a position, the duties of which include driving a Commercial Motor Vehicle. 3.11 Drug - Includes cocaine, marijuana, opiates, amphetamines, and phencyclidine and any other substance determined by the U.S. Department of Transportation to be a drug or a controlled substance. 3.12 Drug Test - A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 C.F.R. 40. 3.13 Employee - A person employed by the City of Southlake. 3.14 Evidential Breath Testing Device(EBT) - A device approved by the National Highway Traffic Safety Administration (NHTSA) and placed on the NHTSA's Conforming Products List and is used for the evidential testing of breath. 3.15 Follow-up Test—An alcohol or drug test administered to a driver who has violated the prohibitions of this policy and who has been permitted to return to duty after passing a return-to-duty alcohol or drug test. 3.16 Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the City's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 3.17 On-Duty Time - All time spent providing a breath sample or primary urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing as directed by the City. • 5E-6 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 7 3.18 Post-Accident Test - An alcohol or drug test administered to a driver following an accident involving a city-owned vehicle or any vehicle used in the performance of City business when the employee was performing safety-sensitive functions with respect to the vehicle and the accident involved a loss of human life, serious injury, or major property damage. 3.19 Pre-Employment Test — An alcohol or drug test administered to a person prior to the first time the individual performs a safety-sensitive function upon appointment to a position requiring the person to hold a Commercial Driver's License. 3.20 Random Test- An alcohol or drug test administered to a driver who has been randomly selected by a scientifically valid method from among the pool of City drivers subject to such tests. 3.21 Reasonable Suspicion Test -An alcohol or drug test administered to a driver as a result of a trained supervisor's or trained City official's reasonable belief that the driver has violated the drug or alcohol prohibitions of this policy. A reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, and/or body odors of the driver. The observations may include indications of the chronic or withdrawal effects of drug or alcohol and any of the following: 1. documentation of unsatisfactory work performance or on-the-job behavior; 2. evidence of the manufacture, distribution, dispensing, possession, or use of drugs, alcohol or other prohibited substances; 3. occurrence of a serious or potentially serious accident that may have been caused by human error; or 4. fights (physical contact), assaults, and flagrant disregard or violations of established safety, security or other work rules. 3.22 Refusal to Submit to a Drug, Alcohol or Controlled Substances Test —When a driver performs any of the following: 1. fails to provide an adequate amount of breath during testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; 2. fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; 5E-7 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 8 3. engages in conduct that obstructs or interferes with the testing process; 4. fails to be readily available for post-accident testing; or 5. fails to report to, and undergo alcohol and drug testing, at a collection site as required. 3.23 Return-to-Duty Test - An alcohol or drug test administered prior to a driver being permitted to return to duty, when the driver has violated this policy. 3.24 Safety-Sensitive Function - A function performed by a driver whenever the driver: 1. begins work until the time the driver is relieved from work including time spent at a facility waiting to be dispatched; 2. is inspecting or servicing the vehicle; 3. is driving or at the controls of the vehicle; 4. is resting in the vehicle; 5. is loading or unloading the vehicle including the performance of any related paperwork; 6. is performing those duties required of a driver involved in a vehicle accident; 7. is repairing or attending to a disabled vehicle; or 8. during all time while providing a breath sample or urine specimen including travel time to and from the collection site in order to comply with testing directed by the City. 3.25 Screening Test (Initial Test) — 1. in alcohol testing, an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system; and 2. in drug testing, an immunoassay screen (or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration. 5E-8 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 9 3.26 Substance Abuse Professional (SAP) - A licensed physician(medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. 3.27 Supervisor- A management or supervisory employee of the City. 3.28 Trained Supervisor or Trained City Official -Any City supervisor or any City management employee who has received the requisite training in identifying the signs and symptoms of alcohol abuse or drug abuse. 4.0 Prohibited Acts 4.1 Prohibitions Regarding Alcohol - A driver shall not: 1. report for duty or remain on duty when the driver's ability to perform assigned functions is adversely affected by alcohol or when the driver's blood alcohol concentration is 0.04 or greater; 2. possess or use alcohol while on duty, or within four hours before reporting for duty; 3. perform safety-sensitive functions for 24 hours following an alcohol test result indicating an alcohol concentration of greater than 0.02 but less than 0.04; 4. use alcohol for eight hours following an accident or until the employee undergoes a post-accident alcohol test, whichever occurs first; or 5. refuse to submit to a pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up alcohol test. A driver who refuses to submit to an alcohol test shall not be allowed to perform safety-sensitive functions. 4.2 Prohibitions Regarding Drugs A driver shall not: 1. report for duty or remain on duty when the driver is using any drug, except when the use is pursuant to the instructions of a physician who has advised the employee 5E-9 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 10 that the drug will not adversely affect the driver's ability to safely perform safety- sensitive functions; 2. report for duty, remain on duty, or perform a safety sensitive function if the driver tests positive for drugs; or 3. refuse to submit to a pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up drug test. A driver who refuses to submit to a drug test shall not be allowed to perform safety-sensitive functions. 5.0 Disciplinary Action A driver is subject to disciplinary action, including termination, if the driver: 1. refuses to sign an employee acknowledgment form for a copy of the City's Drug and Alcohol Testing Policy upon receipt of a copy of the policy; 2. fails to report a conviction for operating a motor vehicle while under the influence of alcohol or drugs; 3. fails to report a conviction for operating a City motor vehicle or a motor vehicle operated in the performance of City business while under the influence of alcohol or drugs; 4. fails to report that the driver has been convicted of violating a statute related to drugs; 5. obstructs, interferes, or refuses to submit with the administration of any drug or alcohol testing; or 6. has an alcohol test result indicating an alcohol concentration of 0.02 or greater or tests positive for one or more drugs. 5.1 Consequences of a Driver Failing a Test— 5.1.1 If a driver has an alcohol test result indicating an alcohol concentration of 0.02 or greater, but less than 0.04, the driver shall be prohibited from performing a safety sensitive function: 1. for a minimum of 24 hours; and 5E-10 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 11 2. until the driver has undergone a return-to-duty alcohol test with a test result less than 0.02. 5.1.2. If a driver has an alcohol test result indicating an alcohol concentration of 0.04 or greater or tests positive for one or more drugs, the driver may not perform a safety sensitive function until: 1. the driver undergoes evaluation by a substance abuse professional; 2. a substance abuse professional determines that the driver has successfully complied with any required rehabilitation; and 1 the driver undergoes a return-to-duty alcohol test with a result of less than 0.02 if the conduct involved alcohol or the driver undergoes a return-to- duty drug test with a verified negative result if the conduct involved drugs. 5.1.3 A driver shall not be paid for the period of time the driver is prohibited from performing safety sensitive functions. In addition to the other consequences provided in this section, a driver who tests positive for drugs or an alcohol concentration of 0.02 or greater is subject to disciplinary action, including termination, during any stage of the process. 6.0 Notices 6.1 Notice of Requirements - Before performing an alcohol or drug test under the requirements of the U.S. Department of Transportation regulations, the driver being tested shall be notified that the alcohol or drug test is required by 49 C.F.R. Part 382. 6.2 Notice of Results - The City shall notify an applicant or a driver of the results of a pre- employment drug test conducted under this policy, if the applicant or employee requests such results within 60 calendar days of being notified of the disposition of the employment application. The City shall notify a driver of the results of reasonable suspicion and post-accident tests, and notify drivers of the results of random tests, for drug conducted under this policy if the test results are verified positive. The City shall also inform the driver which drug were verified as positive. 6.3 Notice to Contact MRO -The CDR shall make reasonable efforts to contact and request each driver who submits a specimen, regardless of the driver's employment status, to contact and discuss the results of the drug test with a MRO who has been unable to contact the driver. 5E-11 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 12 7.0 Testing Requirements All alcohol and drug testing will comply with the procedures of Title 49 C.F.R. Part 40. 7.1 Pre-employment Testing 7.1.1 An applicant driver shall not perform a safety-sensitive function until the driver has undergone testing for alcohol and drugs and has achieved an alcohol test result indicating an alcohol concentration of less than 0.04 and has achieved a drug test result from the MRO indicating a verified negative test result. If a driver has an alcohol concentration of 0.02 or greater but less than 0.04, the driver shall not perform a safety-sensitive function until the start of the driver's next regularly scheduled duty period but not less than 24 hours following administration of the test. 7.1.2 As a condition of employment, a person applying for a position requiring the performance of a safety-sensitive function shall provide written authorization for previous employers to release to the City any and all test results, including records of the individual's refusal to test, administered in accordance with the Federal regulations concerning drug and alcohol use and testing. 7.1.3 An employee who seeks to move into a driver position must undergo pre- employment alcohol and drug tests. The alcohol test must indicate a concentration of less than 0.04. The drug test result from the MRO must indicate a verified negative result. If the test results do not meet these standards, the employee shall be disqualified from further consideration for the position. 7.1.4 If the City learns that an applicant for a safety-sensitive position tested positive for drugs or alcohol or refused to test while at a previous employer, the City shall verify the information, obtain proof that the applicant has completed a rehabilitation program and the return-to-duty test. The City shall not use a driver the City knows has tested positive for drugs or with an alcohol concentration of 0.04 or greater, and has not been re-certified and tested negative in return-to-duty testing. 7.2 Random Testing 7.2.1 At least 25% of the average number of the City's driver positions shall undergo random alcohol testing in each calendar year, or the number of drivers equal to an annual rate not less than the minimum annual percentage determined by the Federal Highway Administration Administrator. 5E-12 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 13 7.2.2 At least 50% of the average number of the City's driver positions shall undergo random drug testing in each calendar year, or the number of drivers equal to an annual rate not less than the minimum annual percentage determined by the Federal Highway Administration Administrator. 7.2.3 The selection of drivers for random testing, the timing and frequency of random tests, and the number of drivers to be tested on any given day shall be determined by the City. The selection of drivers for random testing shall be made by a scientifically valid method. Each driver shall have an equal chance of being selected for testing each time selections are made. 7.2.4 Random alcohol and drug tests shall be unannounced and shall be spread reasonably throughout the year. 7.2.5 A driver who is notified of selection for random alcohol or drug testing shall be required to proceed to the test site as instructed. 7.2.6 A driver, when randomly selected, may be required to submit to either an alcohol or drug test, or both. 7.2.7 In the event a. driver who is selected for a random test is not at work that day, another driver will be selected. 7.2.8 A driver shall be subject to random alcohol testing only while the driver is performing a safety-sensitive function, just before the driver is to perform a safety-sensitive function, or just after the driver has ceased performing a safety- sensitive function. 7.3 Reasonable Suspicion Testing 7.3.1 A driver shall promptly submit to an alcohol and or drug test whenever a trained supervisor or trained City official has a reasonable suspicion to believe that the driver has violated the alcohol or drug prohibitions of this policy. 7.3.2 After the period of the work day that the driver is required to be in compliance with this policy. 7.3.3 After determination of reasonable suspicion, the alcohol test shall be administered within two hours unless the supervisor or City official prepares and maintains on file a record stating the reasons the test was not administered within that time. The test may be conducted up to eight hours after the 5E-13 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 14 reasonable suspicion determination is made. If the test is not administered within eight hours after the determination, attempts to administer the test shall stop and the supervisor or city official shall record and maintain on file the reasons why the test was not conducted. 7.3.4 After determination of reasonable suspicion, the drug test shall be administered within 24 hours unless the supervisor or City official prepares and maintains on file a record stating the reasons the test was not administered within that time. If the test is not administered within 24 hours after the reasonable suspicion determination, attempts to administer the test shall stop and the supervisor or City official shall record and maintain on file the reasons why the test was not conducted. 7.3.5 A trained superviso, or trained City official who makes the determination that reasonable suspicion exists to conduct an alcohol or drug test shall not conduct the alcohol or drug test of the driver. 7.3.6 The trained supervisor who made the observations shall make and sign a written record of the observations leading to a drug reasonable suspicion test within 32 hours of the observed behavior or before the results of the drug test are released, whichever is earlier. 7.3.7 The trained supervisor who made the observations shall make and sign a written record of the observations leading to an alcohol reasonable suspicion test within 24 hours of the observed behavior or before the results of the alcohol test are released, whichever is earlier. 7.4 Post Accident Testing 7.4.1 A driver shall be subject to post-accident alcohol and drug testing as soon as practicable following the accident. 7.4.2 A driver subject to post-accident testing shall be subject to a breath alcohol test not later than eight hours following the accident and to a drug test no later than 32 hours following the accident. 7.4.3 If an alcohol test is not administered within two hours following the accident, the trained supervisor or trained City official shall prepare and maintain on file a record stating the reasons the test was not administered. If an alcohol test is not administered within eight hours following the accident, the trained supervisor or trained City official shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. If a drug test is not administered within 32 hours following the accident, the trained supervisor or 5E-14 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 15 City official shall cease attempts to administer a drug test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. 7.4.4 A driver who is subject to post-accident testing shall remain readily available for such testing or shall be deemed to have refused to submit to testing. Nothing herein shall be construed to required the delay of necessary medical attention or to prohibit the driver from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident, obtain necessary medical treatment for injured people, or to obtain materials necessary to secure the accident site. 7.5 Return-to-Duty Testing - A driver who has an alcohol test result indicating an alcohol concentration of 0.04 or greater or has a confirmed positive test for drugs, may at the City's discretion, be permitted to return to work subject to the following: 1. The driver has been evaluated by a substance abuse professional who has determined what assistance, if any, the driver needs in resolving problems associated with alcohol or drug use and the driver has successfully completed any prescribed rehabilitation; 2. if the driver has violated the alcohol prohibitions, the driver has undergone return-to-duty testing with a result indicating an alcohol concentration of less than 0.02; 3. if the driver has violated the drug prohibitions, the driver has undergone return- to- duty testing with a verified negative result for drug use. 7.6 Follow-up Testing -The driver shall be subject to such follow-up testing for either or both alcohol and drug use as recommended by the substance abuse professional. 1. The number and frequency of such tests shall be determined by the substance abuse professional, and shall consist of at least six tests in the first 12 months following the driver's return to duty, but follow-up testing shall not extend past 60 months after the driver's return to duty. 2. The substance abuse professional may terminate such tests at anytime after the first six tests have been administered upon determination that the tests are no longer necessary. I 5E-15 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 16 8.0 Testing Procedures 8.1 Alcohol Tests 8.1.1 A Breath Alcohol Technician (BAT) shall administer alcohol tests using an Evidential Breath Testing device (EBT) except that if the Department of Transportation Federal Highway Administration approves administration of tests by persons other than BATs or approves the use of other methods or technologies for detecting the presence of alcohol, then the administration of tests by such other persons or the use of such other methods or technologies shall be permitted under this policy. 8.1.2 Alcohol testing shall be conducted in acco:dance with the following: 1. A driver directed to undergo alcohol testing shall proceed to the designated test site as instructed. 2. A driver shall follow all procedures and instructions given by the BAT including completing, signing, initialing, or dating any required forms or logbooks. If the driver takes the test but fails to sign the certification in Step 4 of the Breath Alcohol Technician Form, or fails to initial the log book entry, it will not be considered a refusal to test. 3. The testing site shall provide visual and aural privacy to the driver, sufficient to prevent unauthorized persons from seeing or hearing test results. 4. In order to prevent unauthorized persons from seeing or hearing test results, unauthorized persons shall not be permitted access to the testing location when the Evidential Breath Testing Device remains unsecured, or, at any time when testing is being conducted. 5. In unusual circumstances, a test may be conducted at a location that does not fully meet the requirements of paragraph(3) above. In such cases,the driver shall be provided visual and aural privacy to the greatest extent practicable. 6. The BAT shall supervise only one driver's use of the EBT at a time and shall not leave the alcohol testing location while the testing procedure for a driver is in progress. 7. Upon entering the test site,the driver shall be required to provide the BAT with positive identification. Positive identification may take the form of a SE-16 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 17 photo ID card or identification by a supervisor or City official. On request of the driver,the BAT shall provide positive identification to the driver. 8. If a screening test of a driver indicates a breath alcohol concentration of of the driver shall be conducted less than 0.02, no further alcohol testing during this testing event;the BAT shall transmit the result to the City in a confidential manner. 9. If the result of a screening test of a driver indicates a br otu alcohol concentration of 0.02 or greater,the driver shall be required t dergo confirmation test. A 10. If the confirmation test will be conducted by d Tere t BAT, the BeB aT who conducts the screening test shall opl th Alcohol Testing Form and log book entry. The BAT shall provide the driver with Copy 2 of this form. 11. If a BAT other than the one who drivershall be required to provide the screening test is conducting the confirmation test, the above,to the new positive identification in accordance with paragraph(7) BAT and the driver may request positive identification of the new BAT. 12. The driver shall not eat, drink, put any object or substance in his or her mouth and to the extent possible, not belch during a waiting period before the confirmation test. This waiting period begins with the completion of the screening test. 13. The confirmation test shall be conducted within 20 minutes of the completion of the screening test. 14. If a BAT other than the one who conducted the screening test is conducting the confirmation test, the new BAT shall initiate a new Breath Alcohol Testing form. The driver shall then complete Step 2 on the form, signing the certification. Refusal of the driver to sign the certification shall be deemed a refusal to test. 15. The driver's refusal to complete and dtgnt ad the Breath uate amount of breath, or (Step 2)to provide breath, to prove n q otherwise to fail to cooperate with the testing process in a way that prevents the completion of the test shall be noted by the BAT in the "Remarks" section of the form. The testing process shall be terminated and the BAT shall immediately notify the CDR. 5E-17 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 18 16. The driver's refusal to complete and sign the Breath Alcohol Testing Form (Step 2), to provide breath, to provide an adequate amount of breath, or otherwise to fail to cooperate with the testing process in a way that prevents the completion of the test shall be deemed a refusal to test. A driver who refuses to submit to a required alcohol test shall be deemed to have tested at a level of 0.04 or greater for alcohol. 17. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, if practicable, begin a new screening or confirmation test, as applicable, using a new Breath Alcohol Testing form with a new sequential test number. 18. If the driver is unable, or alleges that he or she is unable, o provide an amount of breath sufficient to permit a valid breath test because of a medical condition, the BAT shall again instruct the driver to attempt to provide an adequate amount of breath. 19. If the driver refuses to make the attempt, the BAT shall immediately inform the CDR. 20. If the driver attempts and fails to provide an adequate amount of breath, the BAT shall so note in the "Remarks" section of the breath alcohol form and immediately inform the CDR. 21. If the driver attempts and fails to provide an adequate amount of breath, the CDR shall direct the driver to obtain, as soon as practicable after the attempted provision of breath, an evaluation from a licensed physician who is acceptable to the City concerning the driver's medical ability to provide an adequate amount of breath. 22. If the licensed physician determines, in his or her reasonable medical judgment, that a medical condition has, or with a high degree of probability, could have, precluded the driver from providing an adequate amount of breath, the driver's failure to provide an adequate amount of breath shall not be deemed a refusal to take a test. The physician shall provide to the City a written statement of the basis for his or her conclusion. 23. If the licensed physician, in his or her reasonable medical judgment, is unable to determine that a medical condition has, or with a high degree of probability, could have, precluded the driver from providing an adequate amount of breath, the driver's failure to provided an adequate 5E-18 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 19 amount of breath shall be deemed a refusal to take a test. The physician shall provide to the City a written statement of the basis for his or Ler conclusion. 8.2 Drug Tests- Testing for drugs shall be conducted by a laboratory certified by the U.S. Department of Health and Human Services and in accordance with the following procedures: 1. A driver directed to undergo a drug test shall proceed to the designated collection site as instructed by the supervisor. 2. A driver shall follow all procedures and instructions given by the collection cite person. Failure to do so shall be considered a refusal to test. 3. The collection site person shall collect a urine sample from the driver in accordance with Federal Highway Administration procedures. 4. A driver shall provide at least 45 ml of urine for testing. A driver who fails to provide at least this amount shall be subject to the provisions of paragraph (r) below. 5. The collection site person shall divide the specimen into two containers. One container shall contain at least 30 ml of urine and shall be the primary specimen. The other container shall contain at least 15 ml of urine and shall be the split specimen. 6. Both containers shall be shipped to the laboratory in a single shipping container, together with copies 1 and 2 and the split specimen copy of the chain of custody form. 7. The laboratory shall log in the split specimen with the split specimen seal remaining intact. The laboratory shall store the split specimen securely in accordance with approved procedures. 8. The primary specimen shall undergo a screening test for the presence of drugs. If the screening test detects the presence of a drug, the primary specimen shall undergo a confirmation test to verify the positive test result. 9. If the result of the test of the primary specimen is negative, the laboratory may discard the split specimen. 5E-19 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 20 10. The MRO shall review all primary specimen results. If the result of the test of the primary specimen is confirmed positive for the presence of drugs, the MRO shall notify the driver that the driver has 72 hours in which torequestis aneg test ofve, t evsRO split specimen. If the result of the test of the primaryspecimen is authorized to direct a driver to undergo a retest Ofor has reason to be presence ofeve the rugs if, upon review of the original test results, the � primary specimen has been adulterated. 11. If the primary specimen tests confirmed positive t that or the prthesenct e ofsp drugn be the driver may request, in writing, that the MRO d tested in a different DHHS-certified laboratory in the test of the primary metabolites for which a positive test result was obtained specimen. The MRO shall honor such request if test it imade elwitt. h n 2 hours s ofl the he driver having been notified of a verified positive responsible for any and all costs associated with having the split specimen tested. 12. If the driver has not contacted the MRO within 72 hours,the driver may present to the MRO information documenting thated positivery, inability to test, or other contact the MRO, lack of actual notice of the verifi circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation shall direct that the reae nalys sis of re to contact the MRO within 72 hours, the MR be the primary specimen or analysis of the split specimen, as applicable, performed. The driver may not request a reanalysis of the primary specimen. 13. If the result of the test of the primary specimen is positive, the laboratory shall retain the split specimen in frozen storage for 60 days from the date i not on which the laboratory acquires it. Following the end of the 60-day period, the NIRO that the driver has requested a test of the split specimen, the laboratory may discard the split specimen. 14. If the MRO directs the first laboratory in writing shallplanalyze the specimen to a second DHHS-certified laboratory, the second laboratory split specimen by GC/MS to reconfirm the presence h GC/MS confirmation sh s or1 be ug metabolites found in the primary specimen. Su conducted without regard to the cutoff levels established lish dl r by yiriDHH sample Then laboratory conducting the analysis of the split specimen shalong-term storage for one year, or longer if litigation concerning the test is pending. 15. The result of the test of the split specimen shall be transmitted by the second laboratory to the MRO. 5E-20 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 21 16. If the analysis of the split specimen fails to reconfirm the presence of the drug or drug metabolites found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or un-testable, the MRO shall cancel the test and report the cancellation and the reasons for such to the CDR, the driver, and to the U.S. Department of Transportation. 17. A driver whose primary specimen tests confirmed positive for the presence of drug and who requests, in accordance with paragraph (k) above, that the split specimen be tested, shall not be permitted to return to work pending the outcome of such test but shall be suspended without pay and subject to further disciplinary actic7. If the test of the split specimen does not reconfirm the presence of the drill or drug metabolites found in the primary specimen, the driver shall be paid his wages for all regularly-scheduled shifts the driver would have worked had the suspension not occurred, and shall be reimbursed for the costs associated with having the split specimen tested. 18. If the driver is unable to provide the required 45 ml of urine, the driver shall be instructed to drink not more than 24 ounces of fluids, and, after a period of up to two hours, again attempt to provide a complete sample using a fresh collection container. The original insufficient specimen shall be discarded. 19. If the driver is still unable to provide an adequate specimen, the insufficient specimen shall be discarded, testing discontinued, and the laboratory shall notify the City of the driver's inability to provide an adequate sample. 20. The MRO will then refer the driver for a medical evaluation to develop pertinent information concerning whether the driver's inability to provide an adequate specimen is genuine or constitutes a refusal to test. Upon completion of the examination, the MRO shall report his or her conclusions to the City in writing. 21. If the MRO determines that the driver's inability to provide an adequate sample is not genuine, the driver shall be deemed to have refused to test and shall be deemed to have tested positive for drugs. 9.0 Confidentiality Records of drug and alcohol testing of drivers are subject to the following: 1. All records required to be maintained by 49 C.F.R. §382.401, et seq. shall be maintained in a secure location with controlled access. 5E-21 • Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 22 2. Except as required or permitted by law or expressly authorized or required by 49 C.F.R. §382.405, the City shall not release information that is contained in drug and alcohol testing records. 3. Upon receipt of a written request from a driver, the City shall make records available to a subsequent employer. 4. Upon written request, a driver is entitled to copies of any records pertaining to the driver's use of drugs or alcohol, including any records pertaining to the testing conducted pursuant to this policy. 5. All results of alcohol and .:rug testing conducted pursuant to this policy shall be made available, upon request, to the Secretary of Transportation. 6. The City may disclose information pertaining to the drug or alcohol testing of a driver to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the driver, and including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the driver and arising from the results of an alcohol or drug test. 10.0 Referral, Evaluation, and Treatment Each driver who has a positive drug test or a blood alcohol concentration test level of 0.04 or greater, shall be referred to a substance abuse professional. The substance abuse professional shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol or drug use. A substance abuse professional would ordinarily be available through the driver's health care provider. A listing of substance abuse professionals must be provided in training or posted in work sites. Drivers who do not know what substance abuse services are provided under their health care plan or who do not have a health care plan are encouraged to contact the Human Resources Department Staff. 5E-22 City of Southlake, Texas MEMORANDUM July 21, 2000 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, ext. 716 SUBJECT: Tarrant County Tax Collection Contract Action Requested: Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. Background Information: Since 1982, the Tarrant County Tax Assessor/Collector has collected property taxes for the City of Southlake. The renewal contract has been presented to the 1 :ity for collection of the 2000 taxes for the fiscal year beginning October 1, 2000. Tarrant County charges $.40 per financial transaction, defined as a payment or refund on an account. This is the same per transaction fee as the previous year, and is a very reasonable charge for the service provided. Southlake would spend far in excess of the $5,000 budgeted for this service in personnel costs alone if we collected our own taxes. The working relationship with the Tarrant County tax office has been excellent, and they are responsive to our requests for information. The contract provides for disbursements to be made to the City when daily collections exceed $100, or at the close of the month. Also included in the contract is a listing of the reports provided to the City. The contract provides that the County may invest the collected tax funds in a manner that complies with the Public Funds Investment Act. There are provisions that allow the City to perform an audit of the County's collection process if we choose to do so. Financial Considerations: If the contract is not approved the City would have to make provisions to collect taxes for ourselves. This would cost significantly more than the cost for Tarrant County to collect the City's taxes. Citizen Input/ Board Review: There is no requirement for citizen or board review of the contract with Tarrant County for tax collection. Legal Review: The contract has been reviewed by the City Attorney. Alternatives: The City could assess and collect taxes for ourselves at a significantly higher cost than what is proposed by Tarrant County. cf - Billy Campbell, City Manager Tarrant County Contract July 21, 2000 Page 2 Supporting Documents: Contract for Tax Collection with Tarrant County Staff Recommendation: Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. STATE OF TEXAS § § Agreement For The Collection Of Taxes COUNTY OF TARRANT § Agreement made this day of , 2000, by and between the Tarrant County Tax Assessor-Collector, hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY,both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Southlake, hereinafter referred to as CITY,whose address is 1725 E Southlake Blvd,Southlake,TX 76092. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the CITY. NOW THEREFORE,in consideration of the mutual promises herein contained,the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on ta.;able property upon which the CITY has imposed said taxes. The ASSESSOR/COLLECTOR shall PERFORM THE SAID SERVICES IN THE SAME MANNER AND FASHION AS TARRANT COUNTY COLLECTS ITS OWN TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to: receiving information from the Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto; providing mortgage companies, property owners and tax representatives,tax roll and payment data;providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and rapid deposit payment processing. All CITY disbursements, made by check or by electronic transfer (wire), for collected tax accounts will be made to the CITY on the day the COUNTY Depository Bank indicates the mandatory assigned"float"period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement will be withheld until the cumulative total of taxes collected for the CITY equals one hundred dollars($100.00),or at the close of the month. IL REPORTS The ASSESSOR/COLLECTOR will provide the CITY the following reports,if requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report(Summary) Monthly: Tax Roll Summary(Totals Only) Month End Report Detail Collection Report(Summary) General Ledger Revenue&Expense Report Agriculture Rollback Collection Report Delinquent Tax Attorney Tape(Exhibit A) Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll The ASSESSOR/COLLECTOR will provide additional reports as follows: Other requested reports that require programming: $ 25.00 per hour Other reports requiring computer run-time: $350.00 per hour Page 1 of 4 s-F -3 HI. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR,compensation for the services rendered is a rate of forty cents ($.40) per financial transaction. A financial transaction occurs when a CITY account is credited with a payment or debited for a refund. IV. AUDITS The ASSESSOR/COLLECTOR will provide to the CITY auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the CITY auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. If the CITY elects to have its auditors conduct a "computer system assurance review audit" requiring assistance from ASSESSOR/COLLECTOR system's programmers and accountants, the fee is $660.00 per day, which will be deducted from the CITY's current collections at the end of the month. V. TAX RATE REQUIREMENT The CITY will provide the ASSESSOR/COLLECTOR, in writing, their newly adopted tax rate nd exemption schedule to be applied for assessing purposes no later than 2:00 p.m.,Thursday,September 14,2000. Under ai.hority of Section 31.01 (h)of the Property Tax Code,any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the CITY. If the CITY wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates,as well as the total rate. The tax rate and the exemption schedule for each of the last five(5)years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VL COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES,AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes,final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control,the ASSESSOR/COLLECTOR shall immediately notify the CITY of that fact and the reasons therefor. VIL DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the CITY shall be promptly transferred to the account of the CITY at their depository bank. Electronically transferred funds incur an additional fee, which will be charged back to the CITY and deducted from those collected funds. If the CITY desires its tax disbursements to be made by electronic transfer of funds (wire) the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the electronic transfer of the CITY's funds from the COUNTY Depository to the CITY's designated depository. Page 2 of 4 VIIL INVESTMENT OF FUNDS The CITY hereby agrees that the COUNTY,acting through the COUNTY Auditor,may invest collected ad valorem tax funds of the CITY during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the CITY all interest or other earnings attributable to taxes owed to the CITY,ASSESSOR/COLLECTOR agrees to deliver to the COUNTY Auditor all ad valorem taxes collected on behalf of the CITY for investment on a timely basis. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the CITY. IX REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the CITY of changes in the tax roll which were mandated by the Tarrant Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five(5)years are provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit"B". All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31 '1 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting • with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the CITY's jurisdiction. The proportional share is based upon the CITY's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. X DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the fifteen percent (15%) collection fee pursuant to Sections 33.07, 33.08 and 33.48 of the Property Tax Code,when allowed. The ASSESSOR/COLLECTOR will disburse the amount directly to the CITY for compensation to a Firm under contract to the CITY. If the delinquent collection Attorney contracted by the CITY requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the CITY and will be added to the collection expenses and charged to the CITY. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided °3 the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit"B". XL TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out,and shall continue in effect during the 2000 tax year, unless sooner terminated by providing sixty(60)day written notice,as outlined in paragraph XI. XIL NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail,registered or certified,postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. I Page 3 of 4 XIII. MISCELLANEOUS PROVISIONS r This instrument and Exhibits"A" and"B"hereto contain the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County,Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid,illegal,or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed ,n the day and year first above written,Tarrant County,Texas. BY: JUNE GARRISON DATE TAX ASSESSOR/COLLECTOR TARRANT COUNTY FOR THE CITY OF SOUTHLAKE: BY: DATE TITLE: FOR TARRANT COUNTY: BY: TOM VANDERGRIFF DATE TARRANT COUNTY JUDGE APPROVED AS TO FORM AND CONTENT BY: DISTRICT ATTORNEY'S OFFICE DATE Page 4 of 4 �� r �Y City of Southlake, Texas MEMORANDUM July 28, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Agenda Item No. 5B Approval of a professional services agreement with Cheatham & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25`h Program Year (1999) Community Development Block Grant (CDBG). Each year since 1994, the City has participated with Tarrant Co my to install infrastructure improvements within areas designated as qualified target areas under the Community Development Block Grant program. The City has two such areas, which are Sutton Place and the Oak Lane Addition. The infrastructure improvements include installing sanitary sewer lines, water lines, drainage, and paving facilities. The City completed installing these improvements to Sutton Place this year. The projects in Sutton Place were spread out over a four-year period with each improvement (sewer, water, drainage, & paving) being installed as part of a separate CDBG project year. This allowed the City to take advantage of CDBG funds each year, thus lowering the City's contribution. The City's contribution of each project totaled the amount that exceeded the CDBG funds. Now that Sutton Place is complete, it is time to construct the same improvements to the Oak Lane Addition. For the 25`h Program Year (1999) CDBG, sanitary sewer will be constructed. The water, drainage, and paving improvements will be installed in the next three subsequent CDBG program years. The professional services agreement is for the design and engineering of the sanitary sewer. The estimated cost to design and construct the sewer is $383,870. The estimated CDBG for this year is $93,000. Therefore, the City will be required to contribute the remainder of the project cost that exceeds the CDBG portion, which is estimated to be $290,870. The professional services agreement totals $32,075, which is part of the project cost which will exceed the CDBG portion. The CIP budget has appropriated $300,000 for the City's contribution to the sewer project. If you have any questions, please call Assistant City Engineer Shawn Poe. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 2 of 17 Agenda Item No. 5C Approval of a professional services agreement with Wiss, Janney, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisions. This professional services agreement is for the engineering and design of construction plans to rehabilitate the distressed pavement in Timberlake and Southview. Wiss, Janney, Elstner Associates, Inc. completed the investigative report and subsequent construction plans to rehabilitate the distressed pavement in the Timarron Bent Creek subdivision. Those improvements were completed in June 1999. There are several areas in the City with the same type of distressed pavement caused by the same trench soil migration phenomenon identified in the Timarron Bent Creek subdivision. Assistant City Engineer Shawn Poe briefly explains the trench soil migration phenomenon in his memo. The City plans to budget funds each year in the CIP budget to rehabilitate, in phases, the numerous affected areas. This professional services agreement for the engineering and design of construction plans to rehabilitate the distressed pavement in Timberlake and Southview totals $22,700. The FY 99-00 CIP budget allocated $600,000 for the engineering and rehabilitation of the pavement in the Timberlake and Southview subdivisions. If you have any questions, please call Shawn Poe. Agenda Item No. 5D Resolution No. 00-81, Amending the Personnel Policies Handbook to include the Drug and Alcohol Testing Policy for employees driving commercial vehicles. (This item was included in last week's Consent Items packet; however, the item number has changed and a correctly numbered copy is attached. The content has not changed.) The City is required to comply with the Omnibus Transportation Employee Testing Act of 1991 as amended, and the regulations promulgated by the U.S. Department of Transportation. The Act requires employers to test these employees who drive commercial vehicles (CDL licenses drivers) as part of their job duties, for the use of alcohol and drugs. The purposes of the provisions of the Act and the regulations are to deter misuse of alcohol and drugs and to protect the public from the damage such misuse can cause. The Act requires that CDL licensed drivers be randomly tested for drugs and alcohol, tested for reasonable suspicion, tested after an accident, and tested before occupying a position that requires Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 3 of 17 driving a commercial vehicle. To implement the federal requirements, it is recommended that the City adopt and implement this policy. If there are any questions about this policy, contact Lauren Safranek. Agenda Item No. 5E Tarrant County Tax Collection Contract. (This item was included in last week's Consent Items packet; however, the item number has changed and a correctly numbered copy is attached. The content has not changed.) This item is the request for Council to approve another year of our cont act with Tarrant County for the assessment and collection of taxes on behalf of the City of Southlake. Tarrant County has assessed and collected taxes for the city since 1982. The county's fee remains the same as last year at $0.40 per transaction. The anticipated annual cost for this service is $ 5,000. The cost for the City to assess and collect on its own would greatly exceed the cost to contract with the county. The contract has been reviewed and approved by the City Attorney. If you have any questions, please contact Sharen Elam. Agenda Item No. 5F. Award of bid to Gra-Tex Utilities, Inc. for the construction of sanitary sewer improvements along North Carroll Avenue. This project is for the conversion of an existing abandoned force main into a gravity sewer line. The force main was constructed in 1991 to serve Carroll Middle School. A lift station located at the middle school previously pumped the sewer from the school in the force main to a gravity line along North Carroll. The lift station at the middle school and the force main along Carroll, have since been abandoned. The force main along Carroll was constructed such that it could be converted and used as a gravity line with the addition of minor improvements. As stated in the memo by Assistant City Engineer Shawn Poe, this project was originally included as part of the abandonment of the Dove Creek lift station project (item 5G). However, the project was bid out separately to facilitate a more rapid completion. This sewer line must be placed in service prior to the homes being completed under construction in the Carroll Meadows subdivision. Funding of this project is dependent upon using money from two projects in the CIP plan not yet constructed, because the money originally set aside to construct this project has been spent on the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 4 of 17 cost overruns for other projects for the Dove Street pressure system. The money for the two projects will not be required until FY00-01, therefore additional money for constructing the two projects will be included in the FY00-01 CIP budget. Shawn's memo outlines the two and explains the delay in construction. Because this project was originally included with the Dove Creek lift station abandonment project, there was not a cost estimate produced just for this project. However, the estimate to construct this project along with the Dove Creek lift station abandonment project is $600,000. The total cost to construct both projects is $462,620. The only bid to construct this project is $97,200 from Gra-Tex Utilities, Inc. The small scope of this project primarily contributed to the reason only one bid was received. Construction is anticipated to be complete by the end of October. If you have any questions, please call Shawn Poe. Agenda Item No. 5G. Award of bid to Saber Development Corporation for the construction of sanitary sewer improvements along North Carroll Avenue for the abandonment of the Dove Creek lift station. This project is the last project to be constructed as part of the Dove Street pressure system to satisfy the TRA Diversionary Agreement, which states that the City will eliminate the diversion of sewer from the north drainage basin to the south drainage basin, by November 2000. Currently, the Dove Creek lift station pumps sewer from the north basin to the south basin. This project is for the construction of an 18-inch gravity sewer line along Carroll to the existing N-3 gravity line. Once this line is constructed and placed in service, the Dove Creek lift station will be abandoned. As explained in the memo by Assistant City Engineer Shawn Poe, funding for this project will have to use existing money for two projects not yet constructed, because the money originally set aside to construct this project have been spent on cost overruns for other projects associated with the Dove Street pressure system. The two projects have been delayed due to right-of-way and timing issues and will not be constructed until the FY00-01. Therefore, FY00-01 CIP budget can appropriate funds for these two projects since the previous funding for the two projects will be utilized for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 5 of 17 Dove Creek lift station abandonment project. The memo by Mr. Poe outlines the two projects along with the explanation behind the delay of the construction. Because the North Carroll force main conversion project (item 5F) was originally included with the Dove Creek lift station abandonment project, there was not an estimate produced just for this project. However, the estimate to construct this project along with the North Carroll force main conversion project is $600,000. The total cost to construct both projects is $462,620. The low bid to construct this project is $365,420 from Saber Development Corporation. Construction is anticipated to be complete by the end of November. If you have any questions, please call Shawn Poe. Agenda Item No. 5H. ZA 00-070, Plat Revision for proposed Block 2R, Southlake Town Square, Phase I. This property is located on the northeast corner of North Carroll Avenue and Main Street. The purpose of this plat is to abandon an easement for municipal utilities. There are no utilities within the easement. This block contains the Container Store building. On July 20, 2000, the Planning and Zoning Commission recommended approval (6-0). If you have any questions regarding this item, please contact Dennis Killough. Agenda Item No. 5I. ZA 00-071, Plat Revision for proposed Block 3R, Southlake Town Square, Phase I. This property is located on the north side of Civic Place across from Town Hall. The purpose of this plat revision is to abandon of an easement and right-of-way for Reserve Street, which will rededicated in a different alignment. The new alignment shown for Reserve Street is in compliance with the conditions of approval for revised preliminary plat which included the post office site (Block 10). It should be noted that no city infrastructure has been constructed within the Reserve street right-of-way proposed for abandonment. This block contains the Pottery Barn and Crate and Barrel stores. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 6 of 17 On July 20, 2000, the Planning and Zoning Commission recommended approval (6-0). If you have any questions regarding this item, please contact Dennis Killough. Agenda Item No. 5J. ZA 00-072, Revised Preliminary Plat for proposed Lots 1&2, Block 23, Southlake Town Square. The property is located in the southeast corner of the Town Square planned unit development, directly west of the Room Store retail site. The purpose of this request is to further subdivide Block 23 of the previously apL roved revised preliminary plat. You may recall that this is the block containing the future Bank One. On July 20, 2000, the Planning and Zoning Commission recommended approval (6-0). If you have any questions regarding this item, please contact Dennis Killough. Agenda Item No. 5K. Authorize the Mayor to execute a commercial developer's agreement for the Southlake Blvd Presbyterian Church. The site plan for Southlake Presbyterian Church, located on the north side of FM 1709 between Peytonville Ave and Southridge Lakes Parkway, was approved by City Council on Sept. 21, 1999. Construction of the church includes the installation of public water lines and appurtenances. The Park Board recommends the church's construction of a trail along its frontage of FM 1709 satisfy the park dedication requirements. Otherwise this is a standard developer's agreement with no other issues. If you have questions, please contact Charlie Thomas. Agenda Item No. 5L.Ordinance No. 480-332, 2' Reading, (ZA 99-139), Site Plan and Rezoning for 114 Kimball Square. This item is tabled until August 15, 2000. Agenda Item No. 5M Resolution No. 00-82, Supporting SH 170 expansion. Metroport Cities has supported a resolution requesting TxDOT to extend SH 170 from Interstate 35W to US 287. The need for the extension is to provide a more direct roadway connection to the west to facilitate truck traffic to and from Alliance. Metroport has asked all of its member communities to adopt a similar Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 7 of 17 resolution in support of the highway extension. For more information, please contact Planning Director Bruce Payne. Agenda Item No. 5N Resolution No. 00-74, Requesting participation by TxDOT for improvements to FM 1938 interchanges at SH 114, and FM 1938.improvements from SH 114 to FM 1709. (This item was included in last week's Consent Items packet; however, the item number has changed and a correctly numbered copy is attached. There are also additional support documents added.) City staff including Greg Last, Bruce Payne, Ron Harper, Charlie Thomas, Chris Carpenter and myself have participated in three public information meetings over the past week to explain the nature of the project and to obtain public input. The first meeting was with the SPIN standing committee, the second meeting was with identified citizens who own property immediately adjacent to the proposed project, and the third meeting was with all citizens who are interested in the project. All three meetings were sponsored by SPIN, were well attended and generated a number of comments, suggestions and concerns. Staff has recorded all relevant comments and intends to mail copies of the comments to the participants of all of the meetings to date. Staff is also working to develop answers to the questions that could not be answered at the above mentioned meetings. Any future meetings will be coordinated by staff with all interested persons. Staff will be prepared to give council a detailed presentation of the proposed project at the Council meeting of August 15t. For more information please contact Planning Director Bruce Payne. Agenda Item No. 7A. Ordinance no. 480-348, 2°d Reading, (ZA 00-053), Rezoning on Tract 3H, Thomas M. Hood Survey, Abstract No. 706, from "AG" to "SF-lA". This request is for rezoning of 2.86 acres located approximately 450' east of the North Peytonville Avenue right-of-way. The Coventry Manor subdivision (PUD #7) is located along the eastern boundary of this tract. The properties to the north and west of this tract are zoned SF1-A. The property to the south is zoned AG. There is an existing 50' road easement serving this lot and the developed residential lots to the south and west of this tract. On July 6, 2000, the Planning and Zoning Commission recommended approval (7-0). Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 8 of 17 On July 18, 2000, the City Council approved (7-0) first reading on consent. During this meeting the City Council also approved a variance regarding "street frontage" on the associated plat. If you have any questions regarding this item, please contact Karen Gandy or Bruce Payne. Agenda Item No. 7B. ZA 00-043, Site Plan for J.I.L. Custom Cabinets on Lot 2, Block A, North Davis Business Park. This property is located at the northwest corner of North Davis Business Park on Greenwood Drive. The site currently has a 6000-square-foot building and proposes another of equal size with this plan. This site is subject to residential adjacency standards due to its proximity to property having medium density residential land use designation. The property is approximately 30 feet from residentially designated property, and the proposed building is approximately 215 feet from residentially designated property. The existing structures on the property were built prior to residential adjacency standards. The following variances are requested: • To allow existing parking spaces to encroach approximately five feet into the north bufferyard. • To allow a separation of 53' from the adjacent driveway to the east where 100' of separation is required. • To allow a trash receptacle with no screening device. • To allow no articulation on the proposed building where all four sides are required to be articulated due to residential adjacency. On July 20, 2000, the Planning and Zoning Commission recommended approval (6-0) subject to the site plan review summary and allowing the variances as requested but requiring the dumpster be screened as required in the industrial district, with a six-foot tall screening device. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 9 of 17 If you have any questions regarding this item, please contact Dennis Killough. Agenda Item No. 8A. Ordinance No. 480-KK, 1st Reading, Amendments to Comprehensive Zoning Ordinance No. 480, as amended, regarding noise regulations in Ordinance No. 480 to remove any conflict with the provisions of Ordinance No. 778. As discussed at your July 18 meeting, this ordinance accompanies Ordinance No. 778 (the next agenda item) to amend noise standards. Ordinance 480-KK eliminates any potential conflicting standards and refers the reader to the most current noise ordinance. The only change recommended by the Commission was that the language found in Section 1 be added to Section 25 of the zoning ordinance, "B-2, Commercial Manufacturing District." This has been accomplished in the draft before you with the addition of a new Section 2 and the renumbering of the remaining sections. If you have any questions regarding this item, please contact Karen Gandy. Agenda Item No. 8B. Ordinance No. 778, Amending Chapter 11 of the Code of Ordinances of the City of Southlake by adding Article III to define certain noises to be a nuisance and prohibit them. Ordinance 778 was originally adopted in June 1988 as a "nuisance" ordinance to address noise related complaints. During the past several years, the city responded to several noise complaint situations and both police services and code enforcement experienced some difficulty in resolving the complaints under the existing ordinance. The existing ordinance also relies heavily on subjective judgement that mandates a much greater degree of evidentiary support than can typically be achieved for successful prosecution. Following extensive research, a draft ordinance was presented to the Council on July 18, 2000, and to the P&Z on July 20, 2000. Based upon input received from SPIN representatives, senior citizen groups, P&Z and City Council, there have been three minor changes to the ordinance for clarification purposes. The definition of a governmental entity was inserted to reflect whether or not home owner associations would be included in the exemptions, and based upon the advice of the City Attorney they were not included as a recognized governmental entity. There was clarification in the exemptions to permit indoor construction on Sundays if no outside noise is emitted. For purposes of seeking a special permit, the distance for notification was extended Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 10 of 17 to all property owners within 200' of the property from which the noise will be emitted. A "redlined" copy of the ordinance is provided to readily identify the changes made. We received several calls in support of the ordinance and no negative responses. For more information, please contact Malcolm Jackson. Agenda Item No. 8C. ZA 00-036, Preliminary Plat for Simmons Addition on Lots 1 and 2. This property is located on the south side of Brookwood Lane approximately 180' east of Raintree Drive. ,-.The plat proposes 13 residential lots on 20.713 acres with a residential density of 0.64 dwelling units per acre. There are two existing residences on the property, which are to remain and are included in the total lot count. The existing zoning is SF-1A. There have been two SPIN meetings held on this item and several meetings with adjacent residents. The primary concern was whether the street within the subdivision would connect to Rainforest Court to the south or Brookwood Lane to the north. A short street stub was platted off of Rainforest Court with the Rainforest Addition plat. The first plat submitted to the City proposed a street connection at this location. Residents of that neighborhood voiced a great deal of concern with the access at that location. The developer revised the plan to have the street connection onto Brookwood, and this version is the plan acted on by the Commission and before you now. This connection would appear to have a lesser impact on the general area since there is an existing gravel road through the center of the property at this location. It also would appear to have less impact on trees and would minimize the number of residences affected by traffic from the subdivision. This change appears to satisfy the Rainforest Addition residents. There have been no negative comments from other adjacent property owners in the area. Other concerns that have been raised are water pressure in the neighborhood, drainage and narrow street widths. The applicant is requesting the following variances: • Only one planned point of access (please see exhibit map) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 11 of 17 • Increased cul-de-sac length • At staff's recommendation, the applicant is offering to relocate any city utilities along the street right-of-way, where possible, to protect trees. The subdivision ordinance requires easements along the perimeter of the property boundary. On July 20, 2000, the Planning and Zoning Commission approved (6-0) this plat subject to the Summary Review No. 3, dated July 14, 2000, granting relief on the number of access points into the neighborhood, the length of the cul-de-sac and allowing the easements to be located in a manner as to preserve trees. If you have any questions regarding this item, please contact Dennis Killough. Agenda Item No. 8D. Preliminary Plat of Worthing Addition. This property is located on the south side of Rainbow Drive across from Sussex Court. It is bounded by Cambridge Place to the north and east and South Hollow to the south and west. The property is zoned SF-20A. The plat proposes 10 lots on 6.5043 acres with a residential density of 1.54 dwelling units per acre. One resident spoke at the meeting with concern regarding the effect on existing trees in the northwest corner of the property. It would appear that the initial lot and street construction would have little impact, however home construction on lots 1 and 2 would appear to have some impact on the trees. There are no significant issues regarding this request. On July 20, 2000, the Planning and Zoning Commission recommended approval (6-0) subject to the plat review summary. If you have any questions regarding this item, please contact Dennis Killough. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 12 of 17 Agenda Item No. 8E Ordinance No. 480-349, ls` Reading, (ZA 00-056), Rezoning and Concept Plan for High Point . This is a proposed 14.654-acre residential development located on the west side of Shady Oaks across from Love Henry Court. It is bounded on the north and west by Southridge Lakes, a SF-20A residential development. The property owner is retaining approximately three acres to the south with an existing residence that will remain zoned SF-1A. The plan proposes 24 lots and three common areas along Shady Oaks, with a density of 1.64 dwelling units per a.:;re. All of the property is zoned SF-1A. The north half is designated as "medium density residential" and the south half is designated as "low density residential" according to the Land Use Plan. The applicant is requesting a variance to the "30,000-square-foot buffer lots" required along the south, adjacent to the SF-lA property. On July 20, 2000, the Planning and Zoning Commission recommended denial (6-0). The general feeling of the Commission was that medium density development would have a negative impact on traffic on Shady Oaks and on Durham Elementary, and that low density development would be more appropriate, serving as a buffer for low density properties to the south and east. Due to a denial by the Planning and Zoning Commission, this item will require an affirmative super- majority vote by the City Council in order to be approved. If you have any questions regarding this item, please contact Dennis Killough. Agenda Item No. 10A. Authorize the Mayor to execute a commercial developer's agreement for CISD No. 6 Addition. This developer's agreement is for the new stadium and transportation facility on South Kimball Avenue In the development of this site, CISD is constructing Silicon Drive from its southern terminus in Cornerstone Business Park to South Kimball Avenue and South Kimball Ave from its western terminus in Heritage Business Park through the Silicon Drive intersection. A Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 13 of 17 portion of the S7 sewer line is being constructed along the east side of Silicon Drive so that the City won't have to tear up that area later this year when the S7 sewer line is constructed. The 12-inch water line also is being constructed along the north side of South Kimball Avenue and the south side of the school property. The 12-inch water line will extended to the north along South Kimball Ave with the construction of the street by the City beginning in the winter of 2000/2001. CISD is requesting reimbursement by the City for the sewer line along Silicon Drive and the water line along South Kimball Avenue, both of which have been budgeted for in the City's CIP. CISD also is requesting credit for water, sewer and roadway impact fees and waiver of administrative processing fees, inspection fees and park fees as on the other school construction projects. If you have any questions, please contact Charlie Thomas. Agenda Item No. IOB. Authorize the Mayor to execute a residential developer's agreement for Crown Ridge Addition 1A & 1B. The final plat for Crown Ridge Addition 1A & 1B, located between White Chapel Boulevard and T.W. King Road and south of Bob Jones Road was approved on June 8, 2000. Crown Ridge Addition is being platted in three phases: Phase 1B covers the subdivision between White's Chapel Boulevard and T.W. King Road but does not include the lots along the long east/west street; Phase 1B covers T.W. King Road and the area west of T.W. King Road; Phase 2 will be platted later and will cover the lots along the long east/west street. This developer's agreement covers the construction of all public infrastructure within the subdivision as well as the off-site sanitary sewer line along the west side of White's Chapel Boulevard and water line improvements along TW King Road There also is a sanitary sewer lift station with force mains being constructed. The developer is requesting credits for sewer, roadway, and water impact fees, as well as some waivers of administrative and inspection fees. The reasons for this request are 1) the off-site sanitary sewer and lift station will serve other properties in addition to Crown Ridge, 2) the City required relocation and reconstruction of T.W. King Road as a collector on the Master Thoroughfare Plan, and 3) the City required construction of more water lines in T.W. King Road that are required to serve Crown Ridge. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 15 of 17 Other Items of Interest Web site "issues" page. In an effort to make the Web site more interactive, and to assist with dialogue between residents and their elected officials, we will add a "Discuss The Issues" page to the site next week. This page will be housed in the Talk Back section, but also will have hyperlink access from each City Council member's profile page. We plan to post up to eight questions or topics for public comment, meaning that each Council member can submit one question/topic and one additional topic will come from those suggested by Web site visitors. Rather than having a real-time message board (such as a news group) that would give us limited control of content, and thus could open the city to liability issues, responses will be delivered by e- mail to James Kunke in the Public Information Office. James will be responsible for posting the responses in a timely manner. James also will forward to you responses to the question or topic you requested. He also will be responsible for changing the posted questions or topics on a regular basis. In order to launch this new feature (something that few cities currently offer), James needs to have question/topic suggestions early next week. We will not launch the page until we have at least three or four items to post. Please call or e-mail James with a question or topic you would like presented to the public so that he can prepare this new service for our residents. Cruelty to Animals and Horse Seizure. On Tuesday, July 25, DPS Police Services executed a warrant to seize 24 horses from Elizabeth Rohr-Saunders and Craig Saunders at 290 West Bob Jones Road for investigation into cruelty to animals. In 1998, Southlake DPS initiated an investigation into cruelty to animals at this same location, but prior to completion of the investigation the animals were relocated to an undisclosed area in Montague County. We have unconfirmed information that during 1999 Montague County conducted an investigation into cruelty to animals, but in which no charges were filed. The Saunders then moved the animals to Wise County, where officials recently initiated an investigation into cruelty to animals. During this investigation, information was developed that indicated the Saunders would be relocating some of the animals to Southlake. A separate call was made to police services about a dead horse at 290 West Bob Jones. Grapevine Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 16 of 17 Animal Control assisted Police Services and approached the owner at 290 West Bob Jones and was allowed to inspect the animals. At that time, the animal control official noted that the animals were confined in a small pen and that what little water was available was stagnant. In addition, the officer noted the sickly appearance of the animals and concluded there was sufficient evidence to support seizing the animals. A seizure warrant signed by Southlake Municipal Judge Campbell was then executed. Twenty horses were seized and transported to Grapevine Ar imal Shelter where they will be cared for until a disposition hearing is held at 3 p.m. on Aug. 2. The department is receiving numerous calls from persons providing information into the criminal investigation as well as calls from persons wanting to adopt the animals or provide assistance in their care. All inquiries regarding adoption and assistance in care are being directed to Grapevine Animal Control. In addition, detectives are working with Denton and Wise County and other officials to determine the appropriate action to be taken in this matter, including the possibility of civil action or criminal prosecution or both. If you have any comments or questions, please contact Director of Public Safety Garland Wilson. New Library Board officers. At their meeting on Wednesday, July 26, the Library re-elected Maria Cameron as chair and elected Marjorie Zielke as vice-chair. If you have any questions, please contact Kevin Hugman. Also attached to my memo: • Memo from City Engineer Charlie Thomas regarding the closure of Village Center at SH 114. • AMS • Calendar of Meetings / Events BC Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting August 1, 2000 Page 17 of 17 Staff Extension Numbers: Campbell, Billy, City Manager, ext. 701 Eaglen, John, Assistant to the City Manager, ext. 806 Elam, Sharen, Finance Director, ext. 716 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext. 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Payne, Bruce, Planning Director, ext. 767 Polasek, Steve, Deputy Director Community Services, ext. 772 Safranek, Lauren, Director of Human Resources, ext. 836 Thomas, Charlie, City Engineer, ext. 814 Wilson, Garland, Director of Public Safety, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 MEMORANDUM August 1, 2000 TO: Billy Campbell, City Manager FROM: Charlie Thomas, City Engineer, extension 814 Gz" SUBJECT: Closure of Village Center at SH 114 TxDOT has informed the Public Works Department that as of Wednesday August 2, 2000, Village Center will be closed at SH 114 for a period of approximately 4 weeks. When the reconstruction of Village Center is complete, it will connect to the new eastbound frontage road of SH 114. Message boards will be placed on east and westbound SH 114 and on northbound Village Center to inform the public in advance of the closure. AGENDA MANAGEMENT SCHEDULE - Draft Date: 7/28/00 2:40 PM City Council Meeting—August 15, 2000 City Council Meeting—September 5, 2000 Forum: Forum: Consent: Consent: Minutes 1. Minutes from 8-15-00 CC Mtg. 2. Authorize IA w/CISD for natatorium-KH 2nd Reading/Pub Hearing&Related Items: 2nd Reading/Pub Hearing&Related Items: 1. Ord.#778,Noise Ordinance-MJ/ 1. Ord. 783,Municipal Court of Record 2. Ord.No.480-KK Noise Regs-KPG 2. Ord. No. ,Abandonment of utility easement on Lot 12B,Blockl, 3. Ord.#783,Amending Art II,Ch 8 of the Code of Ord. Relating to Cedar Oaks. Municipal Court of Record-SL 3. Ord. No.480- ,Tracts 3&3F,Rees Price Survey,24.414 ac. (ZA 4. ZA 99-139,RZ/SP 114 Kimball Sq. 00-024). 5. Res.No 00-79,(ZA 00-78),Specific Use Permit for a shade structure 4. Ord.480-_,ZA 00-023,Lot 4,Block 1 Kimball/1709 Addition. for Mirage Car Wash located at 955 N.Davis Blvd. 5. ZA 00-082,Lowe's(outside storage) 6. ZA 00-068,RSP Christian Men's(PH) 6. ZA 00-083,Rockenbaugh Elementary School 7. ZA 00-073,SP Consultants in Radiology(PH) 7. ZA 00-056,RZCP High Point 8. ZA 00-086,Site Plan,Bob Jones Park(PH) 9. ZA 00-087,Prel Plat,Bob Jones Park **Pending P&Z action **Pending P&Z action 1st Reading&Related Items: 1st Reading&Related Items: 1. Ord. , Revisions to Ord.480,pertaining to outside storage. 1. **ZA 00-024,Tr 3&3F,R,Price, "SP-2"&"AG"to "SF-1A" (Calli) 2. Ord. ,waiver of P&R fees. 2. **ZA 00-073,Consultants in Radiology,PA 3. **ZA 00-082,Lowe's 14.726 acres(outside storage) 4. **ZA 00-083,Rockenbaugh Elementary School, 15.357 ac. 5. Ordinance No. , 1st Reading,Abandonment of a utility easement on **Pending P&Z action Lot 12B,Block 1 in the Cedar Oaks Estates subdivision. -SP 6. Ord.#783,Amending Art II,Ch 8 of the Code of Ord. Relating to Municipal Court of Record-SL 7. Bob Jones Concept Plan and Site Plan-KH 8. Ord.480-349.RZ&CP for High Point-(ZA 00-056) **Pending P&Z action Resolutions: Resolutions: 1. Res. No._,Appoint to CCPD Board Consider: Consider: 1. Registration/fee policy for Parks&Rec programs-KH 2. TMB trail width-KH&CT 3. Interlocal Agreement with Grapevine for Library Services-KH Discuss: Discussion: 1 Revicinnc to Ord 4R11 pertaining to nntcide ctnra,ge Executive Session: AGENDA MANAGEMENT SCHEDULE - Draft Date: 7/28/00 2:40 PM City Council Meeting— September 19, 2000 City Council Meeting— October 3, 2000 Forum: Forum: nsent: Consent: Minutes from 9-5-00 CC Mtg. 1. Minutes from 9-19-00 CC Mtg. 2nd Reading/Pub Hearing&Related Items: 2nd Reading/Pub Hearing&Related Items: 1. Ord. ,Revisions to Ord.480,regarding outside storage. 2. Ord. ,waiver of P&R fees. **Pending P&Z action **Pending P&Z action Reading&Related Items: 1st Reading&Related Items: **Pending P&Z action **Pending P&Z action Resolutions: Resolutions: Consider: Consider: Discussion: Discussion: AGENDA MANAGEMENT SCHEDULE- Draft Date: 7/28/00 2:40 PM k Future City Council Meeting Forum: nsent: Fort Worth Water Contract-RH 2. Award bid on handrails Town Hall-RH 3. Auth Mayor to execute letter authorizing TxDOT to change speed limits in construction zone on SH 114-SP 4. Award of Bid to for the purchase of furniture for Town Hall"to the AMS under consider items for September 5,2000? 5. Abndmnt of 15'utility easement on property owned by Fina(S-7)-SP 6. Abndmnt of 15'utility easement on property owned by Explorer(S-7)-SP 7. Permission to advertise for bids for the installation of a traffic signal at the intersection of Davis Blvd.and Continental-SP 8. Authorize the Mayor to enter into a prof servs agr w/JD Wilson and Assoc for development of a strategic plan-SKY 2nd Reading/Pub Hearing&Related Items: 1st Reading&Related Items: 1. Ord.#760,ROW Use Management Ordinance-RH/SKY 2. Ord.483-I,Amendi.ents to Sub Ord No.483,-Park and Recreation Dedication Requirements-CC/KH 3. Ord. No.774,Am, dment to Trail System Master Plan-CC/KH Resolutions: 1. Res.99-16,relating to limiting#of zoning applications-from 3/23 CC mtg Consider: ' Sidewalk/Trail Implementation Plan Prof Services Agreement-Michael Drive(PW-5/4/99) Interlocal Agreement with Grapevine re:North Kimball-RH 4. Auth Mayor to enter into an IA w/NE Tarrant County Regional Water System(NETCRWS)-RH Discuss: 1. Land Conservatory District . 2. Utility Policies&Standards Ordinance 3. Street Standard Ordinance 4. Ord.771,Nuisance Ordinance-MJ 5. **Amendment to Master Thoroughfare Plan-CC 6. Ord. No._,Right of Way Management(City attorney letter date 6/19/2000) 7. Emergency Preparedness Notification Program-GW 8. False Alarm Reduction Program-GW 9. 1997 Uniform Fire Code-GW 10. Revise Landscaped Ordinance to include bufferyards etc.-GW 11. Sign Ordinance Revisions-GW 12. Ordinance Establishing Regulations on Corps' Property-GW 13. Parade and Street Closure Ordinance-GW 14. Substandard Bldg. Ordinance-GW 15. High Grass/Weeds Ordinance revision-GW 16. Residential lighting standards review-GW 17. Mass Gathering Ordinance-GW 18. Elevator Ordinance-GW 19. Tree and Landscape Ordinances-GW 20. E-Court 21. Change Order#1 w/Mid State utilities for 18 in sewer force main along N. Kimball "--ecutive Session: Ju y 31 July 2000 August 2i S _lL_S__YV F 5 zs i 31 1 2 3 4 5 27 2 3 4 s 6 7 8 32 6 7 8 9 10 11 12 A �� 3281 9 10 11 12 13 14 15 33 13 14 15 1617 18 19 " 16 17 18 19 20 21 22 3 3° 23 24 25 26 27 28 29 35 27 28 29 30 31 31 30 31 39 20 21 22 23 24 25 26 Monda ,July 31 Thursday,August 3 City Manager Files proposed FY00-01 budget 6:00pm 7:00pm Bob Jones Park Cleanup Cmte(Community Center) 6:30pm P&Z Meeting(City Hall) Tuesday,August 1 Friday,August 4 7:00pm City Council Meeting(City Hall) 9:00am 11:00am Town Hall Furniture Meeting(Tarrant County Sub-courthouse) Wednesday,August 2 Saturday,August 5 7:00pm 7:30pm Crime Control and Prevention District Board Meeting(Council Chamber) Sunday,August 6 Meetings Events 1 7/28/00 August 7 August September 2000 _S- M _T1NT F S 1 2 3 4 5 35 1 2 32 6 7 8 9 10 11 12 36 3 4 5 6 7 8 9 A �� 33 23 14 75 16 17 18 19 37 17 18 19 20 22 16 3' 20 21 22 23 24 25 26 36 17 18 19 20 21 22 23 35 27 28 "9 30 31 21 39 24 25 26 27 28 29 30 Monday,August 7 Thursday,August 11 1:30pm 3:00pm Regional T•ansportation Council(NCTCOG) 6:00pm 7:00pm JUC meetir g(CISD Admin Building) 6:00pm 6:30pm Joint Chamber Mixer @ Speedway Club,Tx Motor Speedway"Harley Night" Tuesdays August 8 - Friday,August 11 1:15pm Sr.Advisory Committee(Sr. Activity Center) Wednesday,August 9 Saturday,August 1, Sunday,-August:1 Meetings E 7/28/00 REGULAR CITY COUNCIL MEETING: August 1,2000 SLOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City 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 AGENDA 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 551.086. 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. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the Month Betsy Godbold,White Chapel United Methodist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: • A. Approval of minutes of the Regular City Council meeting held July 18, 2000. Regular City Council Meeting Agenda August 1,2000 • Page 2 B. Approval of a professional service agreement with Cheatham & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25th Program Year(1999) Community Development Block Grant (CDBG). C. Approval of a professional service agreement with Wiss, Janny, Elstner Associates, Inc. for the engineering and design of pavement rehabilitation in the Timberlake and Southview subdivisions. D. Resolution No. 00-81, Amending the Personnel Policies Handbook to include the Drug and Alcohol Testing Policy for employees driving commercial vehicles. E. Approval of the car tract with Tarrant County for assessment and collection services for.id valorem taxes levied by the City of Southlake. F. Award of bid to Gra-Tex Utilities, Inc. for the construction of sanitary sewer improvements along North Carroll Avenue. G. Award of bid to Saber Development Corporation for the construction of sanitary sewer improvements along North Carroll Avenue for the • abandonment of the Dove Creek lift station. H. ZA 00-070, Plat Revision for proposed Block 2R, Southlake Town Square, on Block 2, Southlake Town Square, Phase 1, involving 5.624 acres. Location: North side of Civic Place across from Town Hall. SPIN Neighborhood #8. I. ZA00-071, Plat Revision for proposed Block 3R, Southlake Town Square, on Block 3 and Reserve Street, Southlake Town Square, Phase 1, and a portion of Tract 3, Richard Eads Survey, Abstract No. 481, involving 5.640 acres. Location: North side of Civic Place across from Town Hall. SPIN Neighborhood#8. J. ZA00-072, Revised Preliminary Plat for proposed Lots 1 & 2, Block 23, Southlake Town Square, on a portion of Tract 2A, Richard Eads Survey, Abstract No. 481, involving 3.518 acres. Location: North side of East Southlake Boulevard across from Miron Drive. SPIN Neighborhood#8. K. Authorize the Mayor to execute a commercial developer agreement for Southlake Boulevard Presbyterian Church. L. Ordinance No. 480-332, 2nd Reading, (ZA 99-139), Rezoning and Site Ta Plan for 114 Kimball Square, on property legally described as Tract 1B3 8/1 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677 acres. Location: Northwest corner of the Regular City Council Meeting Agenda August 1,2000 Page 3 • intersection of State Highway 114 and Shady Lane. Current Zoning: "C-3" General Commercial District. Requested Zoning: "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses. Owner and Applicant: 114 Kimball Square, Ltd. SPIN Neighborhood #6. PUBLIC HEARING. M. Resolution No. 00-82, Supporting SH 170 expansion. Tabled to N. Resolution No. 00-74, Requesting participation by TxDOT for 8/15/00 improvements to FM 1938 interchanges at SH 114, and FM 1938 improvements from SH 114 to FM 1709. REGULAR AGENDA 6. Public Forum 7. Ordinances, second readings,public hearings, and related items: A. Ordinance No. 480-348, 2nd Reading, (ZA 00-053), Rezoning of Tract 3H, Thomas M. Hood Survey, Abstract No. 706, being approximately 2.86 acres, from "AG" Agricultural District to "SF-1A" Single Family • Residential District. PUBLIC HEARING B. ZA 00-043, Site Plan for J.I.L. Custom Cabinets on Lot 2, Block A, North Davis Business Park, involving 1.38 acres. Current Zoning: "I-1" Light Industrial District. Location: Northwest corner of North Davis Business Park on Greenwood Drive. SPIN Neighborhood# 16. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-KK, 1st Reading, Amendments to Comprehensive Zoning Ordinance No. 480, as amended, regarding noise regulations in Ordinance No. 480 to remove any conflict with the provisions of Ordinance No. 778.Public Hearing set for August 15, 2000. B. Ordinance No. 778, 1st Reading, Amending Chapter 11 of the Code of Ordinances of the City of Southlake by adding Article III to define certain noises to be a nuisance and prohibit them. Public Hearing set for August 15, 2000. C. ZA00-036, Preliminary Plat for Simmons Addition on Lots 1 and 2, S Simmons Addition, involving 20.713 acres. Current Zoning: "SF-1A" Single Family Residential District. Location: South side of Brookwood Lane approximately 180' east of Raintree Drive. SPIN Neighborhood #6. Regular City Council Meeting Agenda August 1,2000 • Page 4 D. ZA 00-057, Preliminary Plat of Worthing Addition on Tract 2C1, J.W. Hale Survey, Abstract No. 803, involving 6 5043 acres. Location: South side of Rainbow Drive across from Sussex Court. SPIN Neighborhood #8. E. Ordinance No. 480-349, 1st Reading, (ZA 00-056), Rezoning and Concept Table to Plan for High Point on Tracts 3A, 3A1B, 3A2, 3E, 3E1, and a portion of 8/15/00 Tract 3A1C, Littleberry G. Hall Survey, Abstract 686, involving 14.654 acres, from "SF-1A" Single Family Residential District to "SF-20A" Single Family Residential District. Location: West side of Shady Oaks across from Love Henry Court. SPIN Neighborhood #13. Public Hearing set for August 15, 2000. 9. Resolutions: 10. Other items for consideration: A. Authorize the Mayor to execute a commercial developer agreement for CISD No. 6 Addition. • B. Authorize the Mayor to execute a developer agreement for Crown Ridge Addition, Phase lA and 1B. C. Request for variance to Sign Ordinance No. 704-A, for Loch Meadow Estates located at 939 North Carroll Avenue. 11. Other items for discussion: A. Disposition of pond at Noble Oaks Park. 12. Meeting Adjourned. S. Regular City Council Meeting Agenda August 1, 2000 • Page 4 D. ZA 00-057, Preliminary Plat of Worthing Addition on Tract 2C1, J.W. Hale Survey, Abstract No. 803, involving 6.5043 acres. Location: South side of Rainbow Drive across from Sussex Court. SPIN Neighborhood #8. E. Ordinance No. 480-349, 1st Reading, (ZA 00-056), Rezoning and Concept Table to Plan for High Point on Tracts 3A, 3A1B, 3A2, 3E, 3E1, and a portion of 8/15/00 Tract 3A1C, Littleberry G. Hall Survey, Abstract 686, involving 14.654 acres, from "SF-1A" Single Family Residential District to "SF-20A" Single Family Residential District. Location: West side of Shady Oaks across from Love Henry Court. SPIN Neighborhood #13. Public Hearing set for August 15, 2000. 9. Resolutions: 10. Other items for consideration: A. Authorize the Mayor to execute a commercial developer agreement for CISD No. 6 Addition. SB. Authorize the Mayor to execute a developer agreement for Crown Ridge Addition, Phase 1 A and 1 B. - C. Request for variance to Sign Ordinance No. 704-A, for Loch Meadow Estates located at 939 North Carroll Avenue. 11. Other items for discussion: A. Disposition of pond at Noble Oaks Park. 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday,July 28, 2000 at 6:00 p.m., pursuant to the Texas GovAM rnment Code, Chapter 551. Xw��l►�turrtti�,� Sandra L. LeGrand k i' � °'F' City Secretary =v r • "" . SIf you plan to attend this public meeting and ve a disability thgi , $uires special needs,please advise the City Secretary 48 hours in advance at 481-558J! ektPnsion .0tAin?reasonable accommodations will be made to assist you. `''49 °°'°" ' � ���urt tittzo.%��`� Regular City Council Meeting Agenda August 1,2000 Page 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 litigations, 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. Carroll/1709 LTD. vs. The Board of Adjustments of the City of Southlake. October 1999. 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 551.086 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may deliberate regarding economic development negotiations. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION. • REGULAR PLANNING & ZONING COMMISSION MEETING AUGUST 3,2000 LOCATION: 667 North Carroll Avenue, 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 meeting held on July 20, 2000. 3. Administrative Comments. CONSENT AGENDA: All items listed below are considered to be routine by the Planning and Zoning Commission and will be enacted with one motion. There will be no separate discussion of items unless a Commission member or citizen so requests, in which event, the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: ZA 00-088, FINAL PLAT OF LOTS 1 & 2, BLOCK 23, SOUTHLAKE TOWN SQUARE, on a portion of Tract 2A, Richard Eads Survey, Abstract No. 481, involving 3.518 acres. Location: On the north side of East Southlake Boulevard across from Miron Drive. SPIN Neighborhood #8. Approval subject to Plat Review Summary No. 1, dated July 28, 2000. REGULAR AGENDA: 5. Consider: ZA00-024, REZONING on Tracts 3 & 3F, Rees D. Price Survey, Abstract No. WITHDRAWN 1207, involving 24.414 acres, from "AG" Agricultural District and "S-P-2" BY THE Generalized Site Plan District for tropical fish distribution and related ancillary APPLICANT uses to "SF-1A" Single Family Residential District. Location: 2929 North White 3 • PLANNING AND ZONING COMMISSION AGENDA AUGUST 3,2000 PAGE 2 Chapel Boulevard being on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street. SPIN Neighborhood#2. Public Hearing. 6. Consider: ZA00-068, REVISED SITE PLAN FOR CHRISTIAN MEN'S NETWORK on Lot 2R1, Block B, Ravenaux Village, involving 3.970 acres. Current Zoning: "S- P-1" Detailed Site Plan District. Location: 251 Countryside Court. SPIN Neighborhood #11. Public Hearing. TABLED TO THE SEPTEMBER 7, 2000, PLANNING AND ZONING COMMISSION MEETING. 7. Consider: ZA00-073, SITE PLAN FOR CONSULTANTS IN RADIOLOGY, PA, on a portion of Lot 1, Block 1, Gorbutt Addition, involving 6.608 acres. Current Zoning: "S-P-2" Generalized Site Plan District with "0-1" Office District uses and the "C-2" Local Retail Commercial District use of ambulatory surgery, imaging center, and associated services. Location: On the south side of East Southlake Boulevard approximately 550' west of Miron Drive. SPIN Neighborhood#8. Public Hearing. TABLED TO SEPTEMBER 7, 2000, UNDER PROVISIONS OF ORDINANCE NO. 480, SECTION 40.2. 8. Consider: ZA00-023, SITE PLAN FOR LOT 4, BLOCK 1, KIMBALL/1709 ADDITION, involving 0.8917 acres. Current Zoning: "C-3" General Commercial District. Location: On the northeast corner of Kimball Avenue and East Southlake Boulevard. SPIN Neighborhood #7. Public Hearing. 9. Consider: ZA00-082, SPECIFIC USE PERMIT FOR OUTSIDE STORAGE for Lot 5, Block 1, Kimball/1709 Addition, involving 14.7181 acres. A Site Plan for Lowe's will be considered with this request. Current Zoning: "C-3" General Commercial District. Location: 201 N. Kimball Avenue. SPIN Neighborhood#7. Public Hearing. 10. Consider: ZA00-083, REVISED SITE PLAN FOR ROCKENBAUGH ELEMENTARY SCHOOL on Lot 1, Block 60, Timarron Addition, Phase 5, involving 15.357 acres. Current Zoning: "R-P.U.D." Residential Planned Unit Development District ( P.U.D. No. 1, Timarron). Location: On the east side of Byron Nelson Parkway across from Parkwood Drive. SPIN Neighborhood#9e. Public Hearing. • • PLANNING AND ZONING COMMISSION AGENDA AUGUST 3,2000 PAGE 3 11. Consider: ZA00-086, SITE PLAN FOR BOB JONES PARK, on Tracts 1, 2, 10, and 11, M. Mahaffey Survey, Abstract No. 916; Tracts 3, 4, 5, and 5A, R.D. Price Survey, Abstract No. 1003; Tracts 2 and 3, H. Throop Survey, Abstract No. 1273; all of the vacated West Beach Addition; and being approximately 200 acres. Current Zoning: "AG" Agricultural District. Location: On the southeast corner of the intersection of North White Chapel Boulevard and Bob Jones Road. SPIN Neighborhood#1. Public Hearing. 12. Consider: ZA00-087, PRELIMINARY PLAT FOR BOB JONES PARK, on Tracts 1, 2, 10, and 11, M. Mahaffey Survey, Abstract No. 916; Tracts 3, 4, 5, and 5A, R.D. Price Survey, Abstract No. 1003; Tracts 2 and 3, H. Throop Survey, Abstract No. 1273; all of the vacated West Beach Addition; and being approximately 200 acres. Location: On the southeast corner of the intersection of North White Chapel Boulevard and Bob Jones Road. SPIN Neighborhood#1. Public Hearing. 13. Consider: Meeting Adjournment. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, July 28, 2000, at 6:00 p.m., pursuant to the Texas Government Code,Chapter 551. \\\uttitiiii / � err, OF SOUT hii �* i:=r Sandra L. LeGrand m City Secretary a-t- .,. ............... '' , :: rig �- ��� If you plan to attend this public meeting and have'iditi#bi t? t requires special needs,please advise the City Secretary 48 hours in advance at 481-5581,extension 704,and reasonable accommodations will be made to assist you. UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE,TEXAS JULY 18, 2000 MINUTES CITY COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern Gary Fawks; Deputy Mayor Pro Tern Ronnie Kendall. Members: Patsy DuPre, Greg Standerfer, Rex Potter, and Keith Shankland. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Human Resources Lauren Safranek; Director of Community Services Kevin Hugman; Director of Economic Development Greg Last; Director of Planning Bruce Payne; Zoning Administrator Karen Gandy; Senior Comprehensi"e Planner Chris Carpenter; Public Information Officer James Kunke; Director of I blic Works Ron Harper; Assistant City Engineer Shawn Poe; Assistant to the Director of Public Works Valerie Bradley; Director of Public Safety Garland Wilson; Chief of Building Services Malcolm Jackson; Fire Chief Ricky Black; Court Administrator Sean Leonard; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:40 p.m. Councilmembers and staff discussed items on the agenda. The work session was audio and video tape-recorded for future reference. Copies are available by request from the City Secretary. ✓ Agenda Item #10-A, Review of progress and service levels of Call A Ride of Southlake, Inc. (CARS), and consideration of additional funding for Fiscal Year 1999-2000. Mr. Dick Johnston of C.A.R.S. supplied council with mid-year statistics to show both increased riders and volunteer participation in this new service. He requested an additional $7,500 from the City. At the April 4, 2000 City Council meeting, the Council approved the initial $15,000 of the requested $22,500 and directed CARS to return in the fourth quarter with a progress report in order to consider further funding. During the presentation Mr. Johnston stated he would come back to Council at a later date requesting $30,000 for next fiscal year funding. Council expressed that they will grant the remaining $7,500 funding for FY 99-00, but did not commit to additional funding for FY 00-01 at this time. This item was placed on the consent agenda at this time. ✓ During the work session, agenda item#10-B was added to the consent agenda. The work session ended at 7:00 p.m. Regular City Council Meeting Minutes of July 18,2000 Page 1 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL REGULAR CITY COUNCIL MEETING Agenda Item#1-A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 7:00 p.m. City Council meetings are video and audio tape-recorded for future reference and copies are available upon request from the City Secretary. Agenda Item#2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086 to seek legal advise from our City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 7:02 p.m. Council returned to open session at 8:10 p.m. Agenda Item #2-B,Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item#3,Invocation The invocation was given by Reverend Scott Berry, the new pastor of First Baptist Church of Southlake. Pastor Berry is serving as Chaplain of the Month for July. Agenda Item#4-A, Mayor's Report Mayor Rick Stacy made the following announcements: • Metroport Cities Partnership will meet Thursday, July 20, 2000 at 7:30 a.m. at the Southlake City Council Chambers. Mayor Stacy will give the opening remarks. • The Texas Municipal League will have a "State of the Cities Symposium" in Austin on September 21-22. The symposium will offer city officials and state legislators the opportunity to meet and discuss issues of importance to both. Councilmembers wishing to attend should contact the City Secretary so arrangements can be made. • Dr. Gillum, superintendent of CISD, and members of the Board of Trustees requested two Councilmembers attend their daylong work session to be held July 28 from 8:30 a.m. to 4:00 p.m. The daylong event will be Regular City Council Meeting Minutes of July 18,2000 Page 2 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL held at the CISD Annex Building at Dove Road and North Kimball Avenue. Let the City Secretary know if you can attend. ■ Mayor Stacy announced that John Eaglen was appointed to the position of Assistant to the City Manager. Mr. Eaglen has worked for the city 4-1/2 years, most recently as the Administrative Assistant in the Community Services Department. John Eaglen stated, "I am glad to be here and plan to do the best that I can. I look forward to working with all of you and Manager Campbell and Shana Yelverton. 1 am looking forward to getting started " City Manager Billy Campbell stated that six internal candidates applied for the Assistant to the City Manager position vacated by Shelli Siemer earlier this year. To objectively assess the candidates, an assessment center was organized by HR Director Lauren Safranek. Candidates were • evaluated on a formal presentation, problem-solving exercise (citizen complaint), written communication and a formal interview. Campbell stated, "I was extremely pleased with the performance of all of our staff members, in fact, the decision was much more difficult than I had anticipated due to the talent of all of these individuals applying for the position." ■ Councilmember Patsy DuPre reported, "Last week, along with Planning Director Bruce Payne, I went to the North Central Texas Council of Governments Regional Transportation Council meeting, which represents Northeast Tarrant County cities on issues regarding transportation. The presentation was regarding a web site, which added a link to the City, called "TIPINS" [Transportation Improvement Program Information System]. It was designed to provide information regarding transportation improvements in the Dallas-Fort Worth area. If you want to find out what kind of TxDOT improvements are being made, go to DFWinfo.com. Hopefully, in the future we will be a "sitting" member of the committee. It was informative, and I will provide this information to Council." • Councilmember Ronnie Kendall reported that Friends of Open Arms Auxiliary would have a meeting at the Timarron County Club a week from tomorrow at 9:30 a.m. Community Services Officer Carrie Fullington would discuss domestic violence issues. Agenda Item#4-B, City Manager's Report City Manager Billy Campbell stated, "As part of the International Rotary Intern Exchange Program, Andrey Karpenkov from Siberia, Russia is visiting the City of Southlake. Andrey is completing a bachelor's degree from the University of Maryland and University of Russia. He will be working in various departments in the City for the Regular City Council Meeting Minutes of July 18,2000 Page 3 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL next four weeks. We are happy to have Andrey with us." Mr. Karpenkov replied, "I am happy to be visiting the City of Southlake and I have met your wonderful staff. I will have a chance to practice my English while here." Billy Campbell also introduced Manual Galaviz from Southlake's Sister City, El Fuerte, Mexico. While in Texas, Mr. Galaviz is staying with Dee and Kiko Ekstrom. Mr. Galaviz said, "Thank you for welcoming me to Southlake." Agenda Item #4-C, SPIN Report Mary McMillian, 3360 Hillside Drive, Southlake. Ms. McMillian stated she was the new representative for SPIN #3. SPIN #3 is comprised of nineteen small neighborhoods and Ms. McMillian said she was happy to be working with the group. Ms. McMillian commented on the following items: > The SPIN booth was well received at the. 4th of July activities at Town • Square. > Standing Committee members will be presented information on F.M. 1938 during a meeting to be held on July 19 at 7:00 p.m. at the Senior Activity Center. > A meeting was held on June 29 whereby 31 people attended regarding the trails at Lonesome Dove. Staff member Steve Polasek presented information. > Homeowners in Carmel Bay have concerns about being in Denton County and their children attending Northeast School District. > Cresent Drive residents have concerns about drainage issues in their area. City Manager Campbell added regarding the SPIN Standing Committee meeting pertaining to F.M. 1938 on June 29, that anyone wishing to attend, may do so. Other SPIN meetings will be held regarding this issue in the near future. Agenda Item #4-D,Park and Recreation Board Report Park Board member Cara White gave the monthly report, noting that she is also on SPDC. She commented on the joint meeting, which was held earlier this month. Ms. White stated the Concept Plan for Bob Jones Park was discussed. The Teen Center/Recreation Center surveys were being distributed at this time and a summary of the results should be ready in the next three to four weeks. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed the audience that "Consent" agenda items, which consist of several items, are considered by one vote. He said if anyone in the audience had a request for an item not to be on the consent agenda, that item would be deleted from that portion of the agenda and considered separately. The consent agenda items were as follows: Regular City Council Meeting Minutes of July 18,2000 Page 4 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL 5-A. Approval of the minutes of the Regular City Council meeting held on June 20, 2000 and the Special City Council meeting of June 26, 2000. 5-B. Resolution No. 00-72, Amending the Employee Handbook, to include Worker's Compensation Wage Continuation Policy. 5-C. Item left intentionally blank. 5-D. Award of bid for handrails at Town Hall located in Town Square. 5-E. Resolution No. 00-73, Amending the current tax abatement agreement among the City of Southlake, Texas, First Security Bank, National Association as owner trustee of the TSG Trust 1999-0, and Sabre, Inc., a Delaware Corporation; authorizing its execution by the Mayor; and providing an effective date. 5-F. Approval of Change Order No. 2 for work at Town Hall. 5-G. Authorize the Mayor to execute a commercial developer agreement for Gateway Plaza, Phase 2, Unit 1. 5-H. Ordinance No. 480-348, 1st Reading, (ZA 00-053), Rezoning of Tract 3H, Thomas M. Hood Survey, Abstract No. 706, being approximately 2.86 acre. Current zoning is "AG" Agricultural District with a request for "SF-1A" Single Family Residential District. 5-I. ZA 00-54, Plat Showing, Lot 17, Thomas M. Hood Survey, Abstract No. 706, variance to Subdivision Ordinance No. 483. 10-A. Review of progress and service levels of Call A Ride of Southlake, Inc. (CARS) and consideration of additional funding for FY 1999-2000. 10-B. Request for a variance to Sign Ordinance No. 704-A for Lowe's Home Improvement Warehouse located at 201 North Kimball Avenue. Motion was made to approve the consent agenda as follows: Items #5-A, #5-B, #5-D, #5- E, #5-F, #5-G, #5-H, #5-I, #10-A, with no additional funding; and, #10-B, approving the variance for sign at Lowe's with 72" for "L" and 60" for the remaining letters in Lowe's [owes]. Motion: Standerfer Second: Fawks Ayes: Standerfer, Fawks, Kendall [voting"no"to Item#10-B], Shankland, DuPre, Potter, and Stacy Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes of July 18,2000 Page 5 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL ADDITIONAL INFORMATION REGARDING CONSENT ITEMS 5-A. Approval of minutes of the Regular City Council meeting held June 20 and Special City Council meeting held on June 26, 2000. The minutes were approved as presented. 5-B. Resolution No. 00-72, Amending the Employee Handbook, to include Worker's Compensation Wage Continuation Policy. The policy ensures that all regular, full-time City employees, who are injured in the course and scope of their employment with the City of Southlake, are afforded the protections guaranteed by the worker's compensation laws of the State of Texas. In addition to the legally required benefits, the City provides a wage continuation program, which offers supplemental earnings to employees receiving worker's compensation benefits from the City. Currently, there is not a policy that regulates wage continuation to an employee for the entire time they are losing time due to an on- the-job injury. This practice provides little incentive for an employee to do what is necessary to return to N, irk as quickly as possible. This policy provides the City with some avenues to reinforce to the employee the need to follow the physician's treatment program and to maintain communication with the City regarding improvement and changes. This policy is for 90 days because this time frame will generally coincide with Family Medical Leave time, and the elimination period for the long-term disability benefits provided for employees by the City. 5-C. No item 5-D. Award of bid for handrails at Town Hall located in Town Square. In December 1999, the City advertised bids for handrails for Town Hall. At that time, bids came in at $250,000 and staff recommended to Council that this item be re-bid. The base bid for metal handrails was $131,700. The construction manager recommended a change of -$17,000 for painted handrails rather than stainless steel. In addition, due to the various heights and drop offs, two alternatives need to be awarded for protective guards in the total of$25,880. This would result in a bid award of$140,580. The construction manager's estimate was $140,000. The total estimate of all handrails was $200,000 versus a recommended bid award of $199,380. Staff recommended that the bid from FCS Millwork be accepted for the wood handrails in the amount of $58,800 and that the bid from Metalbrite be accepted for the metal handrails in the amount of$140,580. 5-E. Resolution No. 00-73, Amending the current tax abatement agreement among the City of Southlake, Texas, First Security Bank National Association as owner trustee of the TSG Trust 1999-1, and Sabre, Inc., a Delaware Corporation; authorizing its execution by the Mayor; and providing an effective date. The current Sabre tax abatement agreement was approved via Resolution No. 99-58, and executed on August 10, 1999. They received their zoning and site plan approvals and have begun construction. We previously discussed the likelihood that the abatement agreement exhibits for the "premises" would need to be Regular City Council Meeting Minutes of July 18,2000 Page 6 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL amended based on the final approved development plan and their construction phasing. The only other change is that the ownership interests were assigned in accordance with provisions of the current agreement. The agreement reflects: entity name change and premises exhibit change. A copy of the memorandum from Greg Last, Director of Economic Development, dated July 7, 2000 is hereby attached to the minutes of this meeting. 5-F. Approval of Change Order No. 2 for work at Town Hall. The audio visual (A/V) portion of this project is currently underway and staff expects that bid notices will be issued within the next 2-3 weeks. The A/V consultant in conjunction with the contractor and city staff, has identified several areas and items of work that need to be done prior to the receipt of bids, in order to coordinate this work with finish work being done. Since there are several walls and ceilings being closed up, it would be advantageous to do this A/V work at this time. This Change Order is in the amount of$45,177. This amount is part of the total A/V systems project and is not part of the base building contract. Funding for this item will come from the next set of TIF bonds to be issued however, funds are available from the existing project funds that have-not yet been expended. 5-G. Authorize the Mayor to execute a commercial developer agreement for Gateway Plaza, Phase 2, Unit 1. The final plat for Gateway Plaza Phase II, Unit 1, was approved on July 6, 2000. The plat included the dedication of right-of-way for Nolen Drive from F.M. 1709 to SH 114 and Lots 1 and 2. This developer's agreement covers the construction of Nolen Drive and the westbound deceleration lane and water and sanitary sewer improvements to serve Gateway Plaza Phase II. The developer is constructing Nolen Drive between F.M. 1709 and SH 114 with four travel lanes and a continuous left turn lane. A westbound deceleration lane is also being constructed on F.M. 1709 at Nolen Drive. The developer is requesting that the Council give them credit on the Roadway Impact Fees for the over width construction of Nolen Drive based upon the fact that Nolen Drive is on the City's Master Thoroughfare Plan as an arterial which requires a wider street than necessary to serve the Gateway Plaza Phase II development. The other issue is the City's reimbursement for oversize water lines in the form of credit for water impact fees. The Roadway Impact Fees are estimated to be approximately $267,226 and the estimate for the cost of the construction of Nolen Drive is approximately $376,980. The cost of the oversized water line is $40,300. The estimate of the water impact fees is approximately $46,400. 5-H. Ordinance No. 480-348, ls`Reading (ZA 00-053), Rezoning of Tract 3H, Thomas M. Hood Survey, Abstract No. 706, being approximately 2.86 acres. Current zoning is "AG"Agricultural District with a requested zoning of"SF-1A" Single Family Residential District. This is a 2.86-acre tract set approximately 450' east of the North Peytonville Avenue right-of-way. There is an existing 50' road easement serving this lot. Owner/Applicant: James E. Glover. Regular City Council Meeting Minutes of July 18,2000 Page 7 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL 5-I. ZA 00-54, Plat Showing, Lot 17, Thomas M. Hood Survey, Abstract No. 706, variance to the Subdivision Ordinance No. 483. This is the same property as in item #5-H. Owner/Applicant: James E. Glover. A one-lot plat showing application was submitted to the City for review. Staff approves one-lot plat showings administratively. Due to the lot not abutting a public or private street, the applicant must seek a variance, which can only be approved by the City Council. 10-A. Review of progress and service levels of Call A Ride of Southlake, Inc. (CARS) and consideration of additional funding for Fiscal Year 1999-00. During the consent agenda, the City Council approved the funding for the remainder of FY 99-00 [$7,500] however, did not commit to additional funding for FY 00-01 at this time. 10-B. Request for a variance to Sign Ordinance No. 704-A, for Lowe's Home Improvement Warehouse located at 201 North Kimball Avenue. Approval was given during the consent agenda, approving the variance for the sign at Lowe's with 72" for"L" and 60" for the remaining letters in Lowe's [owes]. Agenda Item#6, Public Forum Robin Snyder, Southlake Women's Club. Ms. Snyder said she was before the City Council to discuss the dates that the Women's Club was proposing for "Art In The Square" for 2001. The date the group desires is Friday, April 27 through Sunday, April 29, 2000. Ms. Snyder stated they understand these dates are the weekend of early voting, which will be held in the city building once 4t is open. She stated they propose that the SWC post signs on all parking spaces on Main Street in front of the building and on the park side for early voting parking. This would make it easy for anyone wishing to vote to enter from Carroll and exit F.M. 1709. Or voters may come from F.M. 1709 and exit Carroll Avenue to avoid most of the traffic around the Square. She stated that they will make available the number of spaces provided for parking at past early voting sites and that the women's club feels the event may actually increase the number of early voters. They are also considering allowing the artists to begin setting up Thursday evening, as this would ease some of the congestion of Friday created by the artist's arrival and set-up. She asked the City Council for a way that Council could make a commitment to them as they feel they need to advertise at this time in order to get the artists here in April 2000. Ms. Snyder stated she picked-up the information for a Specific Use Permit (SUP) and there was not a provision on the information form that asks for the date of the event. Mayor stated he felt Ms. Snyder had done everything she could do and if Council needs to consider it, this item will need to be placed on an agenda for consideration. Regular City Council Meeting Minutes of July 18,2000 Page 8 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Agenda Item #7-A, Ordinance No. 480-342, 2"d Reading(ZA 00-016) Ordinance No. 480-342, 2nd Reading, (ZA 00-016), Rezoning on property legally described as Tract 3C1 and a portion of Tract 3C situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 1.349 acres. Current zoning is "C-2" Local Retail Commercial District with a requested zoning of"0-1" Office District. Applicant: Wilson& Stonaker, L.L.C. Owner: Southlake Associates Limited Partnership. Senior Comprehensive Planner Chris Carpenter presented this case, noting that the property was a vacant lot, located south of the Walgreen's site, west of Carroll High School, north of the Akard Addition, and east of Green Oaks, Inc. tree farm. Five (5) notices were sent to property owners within the 200' notification area and no comments were received. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-342, 2"d F °ading, (ZA 00-016), as presented. Motion: DuPre Second: Fawks Ayes: DuPre, Fawks, Kendall, Shankland, Standerfer, Potter, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B, Ordinance No. 480-346,2"d Reading, (ZA 00-037) Ordinance No. 480-346, 2nd Reading. (ZA 00-037), Rezoning on property legally described as Tracts 4G1 and 4H situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 4.0 acres. Current zoning is "AG" Agricultural District with a requested zoning of"SF-1A" Single Family Residential District. Owners and Applicants: Andrea Huffstutler, Diana Taylor, Laura Cronin, and Elizabeth Blessing. Senior Comprehensive Planner Chris Carpenter presented this case noting that the property is currently undeveloped, and heavily wooded. The property is bound on the east by 10 developed residential lots of the platted Vista Trails Subdivision. There are three adjacent residences on the west side of the property, on two platted lots and one unplatted tract. Twenty-four (24) notices were sent to property owners within the 200' notification area and one response was received in favor. PUBLIC HEARING: The public hearing resulted in no comments from the audience. Motion was made to approve Ordinance No. 480-346, 2"d reading, (ZA 00-037), as presented. Motion: Kendall Second: Shankland Ayes: Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy Regular City Council Meeting Minutes of July 18,2000 Page 9 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Nays: None Approved: 7-0 vote Agenda Item #7-C, Ordinance No. 480-347, 2nd Reading, (ZA 00-040), Georgetown Park, Phase III Ordinance No. 480-347, 2nd Reading, (ZA 00-040), Rezoning and Site Plan for Georgetown Park, Phase III, on property legally described as Lot 1R3, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, and being approximately 1.554 acres of land. Current zoning is "C-2" Local Retail Commercial District with a requested zoning of "0-1" Office District. Owner and Applicant: Georgetown Monticello Partners, Ltd. Senior Comprehensive Planner Chris Carpenter presented ZA 00-040, noting that the property was currently developed with a two-story office building, pPr a previously approved site plan. All landscaping, parking and other improvements -e currently in place. The building is located on an individually platted lot developed as part of a larger retail/office complex. This is the southern most lot in the development. The Meadow Oaks subdivision is located southwest of the proposed rezoning. The applicant is rezoning to the "0-1" district in order to seek a Specific Use Permit for the addition of a carport. The "0-1" district permits carports as a SUP. The zoning must be in place prior to the SUP approval. Nine (9) notices were sent to property owners within the 200' notification area and three (3) responses have been received: Two in favor from within the 200' area and one (1) outside the notification area. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-347, 2nd Reading (ZA 00-040), subject to the Revised Site Plan Review Summary No. 3, dated June 16, 2000. Motion: DuPre Second: Shankland Ayes: DuPre, Shankland, Standerfer, Potter, Fawks, Kendall, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-D, Resolution No. 00-71, (ZA 00-041), Specific Use Permit for Carport for Georgetown Park Resolution No. 00-71, (ZA 00-041), Specific Use Permit for a carport for a non- residential property per Zoning Ordinance No. 480, Section 45.1 (41) for Georgetown Park, and being approximately 1.554 acres of land. Senior Comprehensive Planner Chris Carpenter presented the SUP to Council. Regular City Council Meeting Minutes of July 18,2000 Page 10 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL.: Steve Isbell, 111 South Main Street, Grapevine. Capital Realty Company. Mr. Isbell was present to answer questions from Council. He introduced a Siberia, Russia exchange student who will be visiting Grapevine for the summer. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 00-71 as presented. Motion: Fawks Second: DuPre Ayes: Fawks, DuPre, Standerfer, Potter, Kendall, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-E, Ordinance No. 480-343,2" Reading (ZA 00-047), Lot 3, Block 1, Corner Addition Ordinance No. 480-343, 2nd Reading, (ZA 00-047), Rezoning and Site Plan for prof sed Lot 3, Block 1, Corner Addition, on property legally described as Lot 2, Block 1, Corner Addition, and a portion of Tract 2, W.R. Eaves Survey, Abstract No. 500; and being approximately 4.054 acres. Current zoning is "AG"Agricultural District and "C-2" Local Retail Commercial District. Senior Comprehensive Planner Chris Carpenter stated, "Portions of this property were zoned"C-2" in September, 1991 and February of 1994. Concept plans for three pad sites within the boundary of the site were approved in September of 1991 and October of 1995. Thirteen (13) notices were sent to property owners within the 200' notification area and three (3) responses were received from outside the notification area. On June 8, 2000, the Planning and Zoning Commission approved (4-0 vote) this item subject to the Site Plan Review Summary No. 3, dated June 2, 2000 and to delete Items #1.a (500' driveway spacing on F.M. 1709) and #1.b (250' driveway spacing on Randol Mill Avenue). The first reading was approved by the City Council on June 20, 2000 [with 7-0 vote.]" PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-343, 2nd Reading, subject to the Site Plan Review Summary No. 3, dated June 2, 2000; with the conditions in the motion made by the Planning and Zoning Commission on June 8, 2000. Motion: DuPre Second: Kendall Ayes: DuPre, Kendall, Shankland, Standerfer, Potter, Fawks, and Stacy Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes of July 18,2000 Page 11 of 27 UNOFFICIAL MINUTES-NOT APPROVED BY THE CITY COUNCIL Agenda Item #7-F, Ordinance No. 480-344, 2nd Reading, (ZA 00-048), Rezoning and Concept Plan,Lot 2R, Block 1, Corner Addition Ordinance No. 480-344, 2nd Reading, (ZA 00-048), Rezoning and Concept Plan for proposed Lot 2R, Block 1, Corner Addition, on property legally described as a portion of Lot 3, W.R. Eaves No. 500 Addition, and a portion of Tract 2, W.R. Eaves Survey, Abstract No. 500; being approximately 0.822 acres. Current zoning is "AG" Agricultural District with a requested zoning of"C-2"Local Retail Commercial District. Senior Comprehensive Planner Chris Carpenter presented this case for second reading, noting that this property is located near the northeast corner of West Southlake Boulevard and Randol Mill Avenue. The site is bounded by an existing Texaco gas station to the west and the DPS West Public Safety facility to the north and east. Five (5) notices were sent to property owners within the 200' notification area and only one (1) response was received from outside the notification area. The Planning and Zoning Commission approved (4-0 vote) this action, subject to the Concept Plan Review Summary No. 3, dai d June 2, 2000, and to delete Items #l.a (500' driveway spacing on F.M. 1709) and • #l.b (250' driveway spacing on Randol Mill Avenue). The owner and applicant for this case is the City of Southlake. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-344, 2nd Reading, (ZA 00-048), subject to the Concept Plan Review Summary No. 3, dated June 2, 2000. Motion: Kendall Second: Shankland Ayes: Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-G, Ordinance No. 480-345, 2nd Reading, (ZA 00-064), Rezoning and Site Plan for Bicentennial Park Ordinance No. 480-345, 2nd Reading, (ZA 00-064), Rezoning and Site Plan for Bicentennial Park, on property legally described as Lot 2R2, L.B.G. Hall No. 686 Addition, and Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2B, 2A1, 2B1, 3C, 3D, 3D1A, and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being approximately 61.61 acres. Current zoning is "AG" Agricultural District; "C-2" Local Retail Commercial District; "CS" Community Service District; and "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses, with a requested zoning of"S-P-1"Detailed Site Plan District with"CS" Community Service District uses to include limited outside storage. Senior Comprehensive Planner Chris Carpenter presented Ordinance No. 480-345 for second reading noting that this request is for the addition of coke vending machines at three locations and new lighting for the baseball fields, north of the tennis courts, at Regular City Council Meeting Minutes of July 18,2000 Page 12 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Bicentennial Park. The park is currently developed with an office housing the Community Services Department for the City, baseball fields, tennis courts, skating area and other recreational uses. Thirty-five (35) notices were sent to property owners within the 200' notification area and five (5) responses were received: One in favor; three opposed; one undecided. Mayor Stacy asked staff where we stand at reviewing the current outside storage ordinance? Director of Planning Bruce Payne responded the revised ordinance is proposed to go forward to the Planning and Zoning Commission in two meetings. Councilmember Gary Fawks asked that it be on the City Council meeting agenda as a discussion before it is forwarded to the Planning and Zoning Commission. Councilmember Greg Standerfer stated, "I am not offended by coke machines in general. I am also not offended by the lighting in the area. I think it is unfortunate that the City is the first ones to request a variance to the outside storage ordinance, and I will also vote "no"during the second reading of this ordinance." • PUBLIC HEARING: No comments were made during the public hearing. Councilmember Rex Potter stated for the record, "The reason for this ordinance is not just because of coke machines. We are trying to get back to enforcing the rules." Councilmember Keith Shankland stated, "I have changed my mind this evening. I think it is best that the City is the first one to come forward asking for a variance to this ordinance. Now we have empathy and we realize that the ordinance needs to be adjusted. Rather than having Lowe's or someone else come forward asking for a [variance to the] ordinance. It is best that the City be the one and it is good that we brought this forward." Motion was made to approve ZA 00-064, subject to the Site Plan Review Summary No. 2, dated June 2, 2000; granting the motion as previously approved by the City Council meeting. Motion: Shankland Second: DuPre Ayes: Shankland, DuPre, Potter, Fawks, Kendall, and Stacy Nays: Standerfer Approved: 6-1 vote Agenda Item #7-H, ZA 00-060, Site Plan for a portion of proposed Lot 4, Block 1, Sabre Campus ZA 00-060, Site Plan for a portion of proposed Lot 4, Block 1, Sabre Campus on portions of Tracts 2A2 and 2A7, U.P. Martin Survey, Abstract No. 1015, and being approximately 25.6 acres. The current zoning is "NR-PUD"Non-Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses which are generally related to communication, computer, and information technologies, Regular City Council Meeting Minutes of July 18,2000 Page 13 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL training and conference centers, parking structures, heliport/verti-port/stop, hotel, restaurant, retail and office uses. Senior Comprehensive Planner Chris Carpenter presented the site plan for a portion of the proposed Lot 4, Block 1, Sabre Campus, noting that this request was for the addition of a retention pond and associated improvements located north of private Kirkwood Hollow Boulevard, west of White Chapel Boulevard, east of T.W. King Road and situated within the Sabre Corporate Campus. The pond and proposed improvements are being incorporated within the open space/recreation areas, north of the first office building and garage structure being constructed on the site. A proposed trail encompasses the pond. The revised site plan is required to extend the area of construction beyond what was originally proposed in the first approved site plan. Three (3) notices were sent to property owners within the 200' notification area and no comments were received. Mike Baker, Vice-President of Corporate Services for Sabre. Mr. Baker commented, "The good thing is that they opened the Kirkwood bridge yesterday. As of yesterday, all construction traffic is o of White Chapel Boulevard and through the Kirkwood bridge. The milestone was completed early and is indicative of the Sabre Campus project and they are progressing nicely." Mr. Baker stated, "Tonight we are presenting a site plan for Lot 4 of the Corporate Campus and on the site Sabre is proposing a construction of a storm water retention structure to collect storm water runoff from Phase 1 portions of Lots 1 and 2. This structure will serve three primary purposes: 1) to reduce the rate and quantity of storm water runoff from developed area; 2) to filter pollutants from the collected storm water; 3) recycled storm water for use in irrigating the landscaped portions of Phase I. Sabre is committed to an environmentally sensitive design and construction for its campus. This includes responsibly managing the runoff of storm water that is generated due to the development of the site." Mr. Baker continued to explain the environmentally sensitive design for the project. Jim Bailey, civil engineer for the Sabre project. Mr. Railey explained the value in having the storm water retention structure. Councilmember Ronnie Kendall commented on the trees that will be cut down in order for the retention structure to be built. She asked how many points have they scored under their tree point system. She stated she felt the environment was suffering a lot with the destruction of trees. She asked if they could reduce the size of the pond and still meet their objective? Councilmember Patsy DuPre commented about the size of the trees, reporting the average diameter of the trees being six inches. She asked about the size of the pond and Mr. Railey responded the size of the pond is being planned for 2-1/4 acres. Mayor Stacy commented that they were doing this to use the retention pond for irrigation of their landscaping and that it would not tax the City of Southlake's water system. Regular City Council Meeting Minutes of July 18,2000 Page 14 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Motion was made to approve ZA 00-060, Revised Site Plan Review Summary No. 2, dated June 30, 2000. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Fawks, and Stacy Nays: Kendall, Shankland, Potter Approved: 4-3 vote Agenda Item #7-I, Ordinance No. 646-B,2"d Reading,Park and Recreation Board Ordinance No. 646-B, 2"d Reading, Amending Ordinance No. 646, Parks and Recreation Board and Southlake City Code, Section 12-77, revising the number of board members and length of terms was presented by Director of Community Services Kevin Hugman. Mr. Hugman stated the ordinance would change the number of members from nine (9) to seven(7) and the number of term years from three (3)years to two (2)years. • PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 646-B, 2"d Reading. Motion: Kendall Second: DuPre Ayes: Kendall, DuPre, Standerfer, Potter,Fawks, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-J, Ordinance No. 787, 2"d Reading, Abandonment of Utility Easement on SH 114, Lot 5, Block 1,Kimball/1709 Addition Ordinance No. 787, 2nd Reading, was presented by Assistant City Engineer Shawn Poe, who explained that several easements were required to install sanitary sewer and water improvements along the south side of SH 114 from North Kimball Avenue to Gateway Plaza, Phase I. The sewer and water improvements were required to relocate existing facilities that were in conflict with the SH 114 reconstruction. The water and sewer improvements have been constructed. The water and sewer improvements crossed the tracts of properties that make-up Gateway Plaza, Phase 2. Gateway Plaza, Phase 2 has been rezoned and platted. The land and title company handling the closing for the tracts discovered that the wrong property owner had inadvertently signed one of the easements. However, the easement were recorded with Tarrant County. In order to clear the title to the land, the easement must be abandoned. The rightful property owner is in the process of executing the required easement. Mr. Poe stated staff recommends Council abandon a utility easement along SH 114 on Lot 5, Block 1 of the Kimball/1709 Addition. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 787, 2nd reading as presented. Regular City Council Meeting Minutes of July 18,2000 Page 15 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Motion: Fawks Second: Shankland Ayes: Fawks, Shankland, DuPre, Standerfer, Potter, Kendall, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-K, Ordinance No. 756-A, 2"d Reading, Revisions to the FY 99-00 Budget. Director of Finance Sharen Elam presented Ordinance No. 756-A, 2"d Reading, Revisions to the FY 99-00 Budget, noting the ordinance reflects the proposed mid-year changes to the adopted FY 1999-00 Budget. The amendments to the budget reflect a decrease in revenues and expenditures of $134,853 and $630,965 respectively. The proposed amendment decreases budgeted revenues and expenditures. It is anticipated that fund integrity will be maintained, as the expenditure adjustments reflect the general fund balance at 15.3%. This is within the adop*Pd Fund Balance Policy, which states a minimum balance of 15% and an optimum ba :nce of 25%. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 756-A, as presented for 2"d Reading. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-L, Ordinance No. 784, 2"d Reading, Establishing a Municipal Court Technology Fund. Court Administrator Sean Leonard presented Ordinance No. 784, 2"d Reading, stating, "During the 76th Legislative Session, Senate Bill #601 was passed amending article 102.0172 of the Code of Criminal Procedure to authorize the City of Southlake to create, by ordinance, a Municipal Court Technology Fund. A defendant convicted of a misdemeanor may be required to pay a fee not to exceed $4 as a municipal court cost. If a person received probation or deferred adjudication, or if the court defers final disposition of the case, the defendant is considered convicted. The money collected by the Municipal Court Clerk must be deposited in a Municipal Court Technology Fund and may be used only to finance the purchase of technological enhancements for the municipal court. These enhancements may include computer systems, computer networks, and computer hardware, imaging systems, electronic kiosks, electronic ticket writers and docket management systems. Based on the current trend of citation issuance, it is estimated that the collection of this fund could result in the collection of$150,000 to $200,000 of revenues to the City of Southlake before this article expires in September 1, 2005. Regular City Council Meeting Minutes of July 18,2000 Page 16 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 784, 2nd Reading. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Fawks, Kendall, Shanldand, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-M, Ordinance No. 785,2"d Reading,Increasing Warrant Fees Court Administrator Sean Leonard presented Ordinance No. 785 for second reading, noting when a sworn complaint or affidavit based on probable cause has been filed before the municipal court, the judge may issue a warrant for the arrest and/or detention of the accused. During the 76th Texas Legislative session, Senate Bill #163 was passed amending Article 102.011 (a) (2) of the Code of Crimina1.Procedure by increasing the fee for executing or processing an issued Warrant of Arrest r Capias Pro Fine Warrant from $35.00 to $50.00 The approved and implementation of this fee could result in the collection of an estimated $15,000 to $45,000 per year in additional revenues to the City of Southlake. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 785, 2"d Reading, as proposed, raising the warrant fees to $50.00. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-N, Resolution No. 00-75, (ZA 00-052), SUP for Gasoline Service Station with a Convenience Store and Car Wash, Lot 1, Block 1, Emery Addition (Texaco) Resolution No. 00-75, (ZA 00-052), Specific Use Permit for a gasoline service station with a convenience store and a car wash on Lot 1, Block 1, Emery Addition, being approximately 0.918 acres. A site plan was considered with this request. The current zoning is "C-3" General Commercial District. Senior Comprehensive Planner Chris Carpenter made the presentation noting this site had been in existence for several years. The following is a brief history: o Light industrial zoning was placed on the property in September 1971. Regular City Council Meeting Minutes of July 18,2000 Page 17 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL o SUP for sale of alcoholic beverages for off-premises consumption in March 1979. o "C-3" Retail Commercial Zoning placed on the property in September of 1989. o Preliminary plat approved in December of 1999. o Final plat approved in March 2000. Plat approval included the common access easement on the adjacent property to the north. On July 6, 2000, the Planning and Zoning Commission approved (7-0 vote) this case subject to the Site Plan Review Summary No. 3, dated June 29, 2000, to delete Item #1 (8' screening device); to show a pass through lane with a possible variance for that request; and to include the tree preservation analysis. Billy Williams, CMPA, representing Dalton's. Mr. Williams outlined the improvements planned for this property, including the front three sides of the building being bricked and the backside of the building being concrete. He noted that currentl",_there was a flat roof on the building and they are putting on a freestanding metal roof. _• PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 00-75, (ZA 00-052); subject to the Site Plan Review Summary No. 4, dated July 12, 2000; acknowledging that not less than 30' curb- cut access easement be placed immediately to the east; acknowledging a 8' pass-through easement be placed in the 25'; Type J landscape bufferyard be placed along southern property line; deleting the 8' screening on the north property line. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-0, Resolution No. 00-76, (ZA 00-080), SUP for Sale of Packaged Beer on Lot 1,Block 1,Emery Addition (Texaco) Resolution No. 00-76, (ZA 00-080), Specific Use Permit for sale of packaged beer for off-premises consumption on Lot 1, Block 1, Emery Addition, being approximately 0.918 acres. A site plan was considered with this request. Current zoning is "C-3" General Commercial District. Senior Comprehensive Planner Chris Carpenter presented the SUP for packaged beer for off-premises consumption on Lot 1, Block 1, Emery Addition. A portion of this lot has an existing SUP for alcoholic beverage sales for off-premises consumption. However, with recent platting of the property, the boundary has changed and no longer matches the original SUP boundary. This is the sole purpose of this request. Mr. Carpenter noted that seven (7) notices were sent to property owners within the 200' notification area and no responses were received. Regular City Council Meeting Minutes of July 18, 2000 Page 18 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 00-76 (ZA 00-080) as presented. Motion: Standerfer Second Fawks Ayes: Standerfer, Fawks, Kendall, Shankland, Potter, and Stacy Nays: None " Approved: 6-0 vote [Councilmember Patsy DuPre was out of the room and did not vote]. Agenda Item #7-P, Resolution No. 00-77, (ZA 00-081), Specific Use Permit for Outside Storage on Lot 1, Block 1,Emery Addition (Texaco) Resolution No. 00-77, (ZA 00-081), Specific Use Permit for outside storage on Lot 1, Block 1, Emery Addition (Texaco), being approximately 0.918 acres. A si*1 plan was considered with this request. The current zoning is "C-3" General Commercia District. Senior Comprehensive Planner Chris Carpenter noted that the purpose of the SUP was to consider outside storage of propane tanks on the property. On July 6, 2000, the Planning and Zoning Commission approved (7-0 vote) this case subject to the Site Plan Review Summary No. 3, dated June 29, 2000; and to delete Item 1/1 (8' screening device); and to restrict the outside storage to 25 five-gallon propane tanks screened in the manner shown on the Site Plan. Billy Williams responded to questions asked by the City Councilmembers. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution 00-77, (ZA 00-081); subject to the Site Plan Review Summary No. 4, dated July 12, 2000; incorporating the recommendation of the Planning and Zoning Commission. Motion: Potter Second: Fawks Ayes: Potter, Fawks, Kendall, Shankland, DuPre, Standerfer, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-Q, Resolution No. 00-78, (ZA 00-069), SUP for Lighthouse Community Church on Lot 4,Block A,North Davis Business Park Resolution No. 00-78, (ZA 00-069), Specific Use Permit for a church (Lighthouse Community Church), on Lot 4, Block A, North Davis Business Park, being approximately 1.085 acres. A site plan was considered with this request. Current zoning is "I-1" Light Industrial District. Regular City Council Meeting Minutes of July 18,2000 Page 19 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Senior Comprehensive Planner Chris Carpenter noted this property was subdivided in. October of 1985 and was annexed into the City of Southlake in March 1986. "L-1" Light Industrial District zoning was placed on the property at that time. Due to the limited scope of this request and the fact that no changes were to be made to the previously approved concept/site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. Up to 100% of the parking spaces required for a church may be used jointly with other uses, within 300' of the building, which do not normally have the same hours of operation. In any case, where the required parking spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned. This agreement must be approved as to form by the City Attorney and shall be filed with the application for a building permit or certificate of occupancy. Omar Rayes, Pastor, Lighthouse Community Church. Pastor Rayes stated the building should be complete by October 1, 3000 and that the congregation had been meeting in a school. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 00-78 as presented. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-R, Resolution No. 00-79, (ZA 00-078), Specific Use Permit for Shade Structure for Mirage Car Wash located at 955 North Davis Blvd. Resolution No. 00-79, (ZA 00-078), Specific Use Permit for a shade structure for Mirage Car Wash located at 955 North Davis Boulevard, being approximately 2.00 acres. A site plan was considered with this request. The current zoning is "C-3" General Commercial District. Senior Comprehensive Planner Chris Carpenter stated regarding the Mirage Car Wash that the only change proposed to the site was the addition of the shade structure. The "Future Personal Services Ship" shown on the plan was part of the original approval but had never been constructed. The property is subject to the Corridor Overlay Regulations. The original site plan and Specific Use Permit for Mirage Car Wash were recommended for approval by the Planning and Zoning Commission (6-0 vote) on June 20, 1995. The approvals preceded the adoption of the corridor overlay regulations. The variance requested was to allow metal support columns where masonry was required. Fifteen (15) notices were sent to property owners within the 200' notification area and one response was received, in favor. Regular City Council Meeting Minutes of July 18,2000 Page 20 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL The Planning and Zoning Commission approved this item on July 6, 2000 (4-3 vote), subject to the Site Plan Review Summary dated June 24, 2000, and to delete Item #1 (masonry support columns) and to approve the SUP for a period of one year. The record reflects that the applicant for this case was not present for the meeting. Councilmember Kendall commented on the carport ordinance as it related to this request. After discussion, Councilmembers Fawks, Potter, Kendall, Standerfer stated they would support tabling this item due to the applicant not being present, but did not feel they would change their minds. Motion was made to table Resolution No. 00-79,to a future Council meeting. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy Nays: ; Kendall Approved: 6-1 vote (to table) Agenda Item #7-S, ZA 00-066, Site Plan for Southlake Chamber of Commerce, Lot 7,Block 6, Southridge Lakes, Phase C-1 ZA 00-066, Site Plan for Southlake Chamber of Commerce, on Lot 7, Block 6, Southridge Lakes, Phase C-1, being approximately 0.458 acres. Current zoning is "C- 3"General Commercial District. The Senior Comprehensive Planner presented this case, noting the site plan proposed a 3,162 square foot one-story office building on a 9.458 acres lot. It is part of the larger Southridge Lakes Development, which includes residential properties to the north, and commercial uses along Southlake Boulevard. On July 6, 2000 the Planning and Zoning Commission approved (7-0 vote) this case subject to the Site Plan Review Summary No. 2, dated June 29, 2000 and to delete Items #1 (dumpster requirement) and #2 (stacking depth). Mr. Carpenter stated the following variances were requested: o Commercial properties shall provide on-site dumpsters o Required stacking depth of 28' when 20 or more parking spaces are provided. Brad Cavener, President of Southlake Chamber of Commerce. Mr. Cavener was present to answer questions from Council. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 00-066, subject to the Site Plan Review Summary No. 3, dated July 12, 2000, deleting Item#1 dumpster, and#3 stacking depth. Motion: DuPre Regular City Council Meeting Minutes of July 18,2000 Page 21 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Second: Standerfer Ayes: DuPre, Standerfer, Potter,Fawks, Kendall, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #7-T,ZA 00-025, Site Plan for Parker's Corner,Lot 5R4-R2 ZA 00-025, Site Plan or Lot 5R4-R2, Parker's Corner, being approximately 1.099 acres of land. The current zoning on the property is "C-2" Local Retail Commercial District. Owner: Drews Realty Group. Applicant: Mike F. Twichell, L.P. Chris Carpenter, Senior Comprehensive Planner, stated this was an application for site plan approval of a one story, 7,145 s.f. retail building on 1.099 acres zoned "C-2" and located at the southwest intersection of Davis Boulevard and Southlake Boulevard. John Drews, Drews Realty Group. Mr. Drews was present and noted that the tenant for the property was ltanley Cleaners. A discussion was held regarding the need for an 8' sidewalk, and Mayor Stacy commented that Council might review the ordinance requiring an 8' sidewalk prior to this sidewalk being built. Mr. Drews stated he would build the sidewalk at whatever width the ordinance states at the time. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 00-025, subject to the Site Plan Review Summary No. 3, dated June 29, 2000; giving consideration to the size of the sidewalk at the time the sidewalk is built. Motion: Standerfer Second: Fawks Ayes: Standerfer, Fawks, Kendall, Shankland, DuPre, Potter, and Stacy Nays: None Approved: 7-0 vote Agenda Item #8-A, Ordinance No. 480-332, lst Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square Ordinance No. 480-332, 1st Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square, on property legally described as Tract 1B3 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677 acres. Current zoning is "C-3" General Commercial District with a requested zoning of "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses. Owner and Applicant: 114 Kimball Square, Ltd. Senior Comprehensive Planner Chris Carpenter presented ZA 99-139 for first reading, noting that the owner of the property was proposing to give the center a "face-lift" while Regular City Council Meeting Minutes of July 18,2000 Page 22 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL adding approximately 4,000 s.f. The southernmost driveway on Shady Lane and the driveway on SH 114 exist. The site has been in existence for several years. The following is a brief history: o SUP (ZA 84-029) renewal of permit for the sale of off premises packaged beer was denied in June 1984. o SUP (ZA 86-050) for the sale of off premises packaged beer was approved in September 1986, under new ownership. o C-3 zoning placed on the property in September of 1989. o Plat Showing was field in May, 2000. Mr. Carpenter stated in the Site Plan Review Summary No. 5, dated July 14, 2000, the following summary of variances were being requested: • Alternate bufferyard locations,widths and number plantings • Allowing parking spaces in the bufferyard • Reduced int' for landscape area and plantings • Allowing reductions in the driveway spacing and stacking requirements • Allowing a commercial driveway on Shady Lane (residential street) • Reduced building line setback on Shady Lane • Increased impervious coverage from 75%to 89% • Allowing exceptions to the articulation requirements • Placing the dumpster too close to residential property The issues that arose at the Planning and Zoning Commission meeting included drainage concerns from neighboring property owners, multiple variances, and tree issues, noted in the landscape administrator's review. Following the P&Z meeting, the applicant obtained a professional engineer to evaluate the drainage and grading of the site. This plan was revised from that submitted to the Commission by reducing the amount of square feet, increasing the bufferyards and reducing the parking. The applicant was seeking "S-P-1" zoning due to the unique conditions of the property. The applicant provided a list of uses, which may be eliminated from the allowed "C-3" uses. [For information, the list is included in the zoning file.] Mr. Carpenter noted that a supermajority vote of the City Council [6 of 7 in favor] is needed as the Planning and Zoning Commission denied this item. Dan Matise, owner/applicant, Post Office Box 12248, Dallas. Mr. Matise was present and explained his plans to the City Council. He stated they went into the upgrade program as the construction was beginning on SH 114. The plans were revised to make the center attractive even though it would be small. He noted they reduced the square footage from that submitted to the P&Z Commission, therefore, reducing the requested variances. He explained to the City Council his reasons for removing approximately thirty-six (36) trees on the north boundary line and bufferyard. Staff commented that the total diameter inches of the trees removed equals to 456" diameter inches. Three hundred seventy (370) inches of the trees removed were of quality and protected trees as Regular City Council Meeting Minutes of July 18,2000 Page 23 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL designated in the Tree Preservation Ordinance. The trees were removed without a Tree Removal Permit. Chief of Building Services Malcolm Jackson stated, "In December 1999, we were first advised of the tree removal at that particular time. At that time, we went down and took measurements and determined that of the identified types of trees, 456-inches of trees were removed and of that total amount, 370-inches were quality trees. We contacted Mr. Matise and explained the issues that surrounded that. We have been working with him since then to address the mitigation of those trees. Essentially, he has several options in terms of mitigation. He can either pay cash payment of the reforestation funds, citations could be issued to him and those funds could be directed to Municipal Court or we could work on replanting at other locations, or a combination of those issues. He had expressed intent to redesign the property and as a part of that he had asked to incorporate that into both an elevated area or raised area to address drainage as well as parking area. We recognize that if he places that and gets an approval for site plan that includes parking area, any place that the parking area rests, is exempt from tree mitigation requirements. That is to say, if you approve a parki, 2 area, any trees that are there can be removed by that site developer without having to replace or mitigate those trees. However, if it is a drainage easement, they are also exempt from mitigation. But, the fact that you chose to change the elevation to address drainage problems does not exempt you from mitigation. There is no way for us to tell at this time which trees would be mitigated. We would have to go on site to see where those trees are. If you look at this site plan, and based on what I am hearing him say, approximately 50% of the surface area where the trees were located would be in parking lot and 50% would be in some type of bufferyard or raised area, the 50% in parking lot would then be exempted from tree mitigation requirements and the other would not. We have talked with Mr. Matise and he has a contract sitting an front of him today to review by his attorney and our plan is to say to him that whatever site plan approval that you get here, will then determine the exact dollar. But, you will pay into the reforestation fund $100 per caliber inch for that 460" or he has now countered to say that he would like to consider off-site plantings. We have agreed to that as a tentative offer." Councilmember Rex Potter stated he felt Council should be looking at what was before the City Council currently, stating, "I am not happy about what happened to the trees, but we let them know that we are not happy." Potter stated, "I see a list of variances that he is asking for and he needs to work them down." Jackson stated, "In working with the City Attorney's we put together a plan that we feel will work best. Mr. Matise has continued to indicate that he will work diligently with us, but we still have a card that we can play to issue citations, should it become a necessity. Mr. Matise is fully aware of that." Councilmember Gary Fawks asked for better exhibits by the second reading of this ordinance. Councilmembers stated the following items should be addressed prior to the second reading of the ordinance: detailed landscaping plans; reduce the parking spaces; the right-of-way landscaping credits [it will change all of the percentages and make the Regular City Council Meeting Minutes of July 18,2000 Page 24 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL site show better if it were colored in everything that will be landscaped in the right-of- way]. Motion was made to approve the first reading of Ordinance No. 480-332, (ZA 99-139), subject to the Site Plan Review Summary No. 5, dated July 14, 2000; granting [on first reading] the variances requested subject to reconsideration of those variance requests at second reading and with the interest of the council of seeing some revised plans coming forward as discussed by Council for the next meeting. Councilmember DuPre noted she would like to see something from the property owners in the area that they are happy with the changes made to the center. Councilmemer Kendall expressed concerns with the amount of time and with changes made since the Planning and Zoning meeting, whether the public was notified that this was coming to council at this time? Karen Gandy stated that no additional notification was made after the P&Z meeting. It was noted that the SPIN meeting was held in September 1999. Motion: Standerfer Second: Fawks Ayes: Standerfer, Fawks, Kendall, Shankland, DuPre, and Stacy Nays: Potter Approved: 6-1 votes Agenda Item #9-A, Resolution No. 00-80, Appointment to Members of Board of Directors for the Tax Reinvestment Zone(TIF)Number One City Secretary Sandra L. LeGrand explained that Resolution No. 00-80, was to appoint members of the City Council to the TIF No. 1 Board for the terms to coincide with terms on the City Council; also extending the term of Susan Logan as CISD Representative for one year. Motion was made to approve Resolution No. 00-80, appointing each of ourselves [City Council members] to the TIF Board for the term of our offices; and reappointing Susan Logan for one year. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, and Stacy Nays: None Approved: 7-0 vote Agenda Item #10-C, Request for Variance to Sign Ordinance for Matarangi Ltd. Located at 325 Miron Drive Chief of Building Services Malcolm Jackson introduced the request for variance to the Sign Ordinance No. 704-A, for Matarangi, Ltd., located at 325 Miron Drive. The subject office building was completed in February of 1999. The owner of the building has placed Regular City Council Meeting Minutes of July 18,2000 Page 25 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL the sign structure at the request of his tenants in what appeared to be an appropriate location, respecting the landscaping; however, it did not meet the required setback. When the contractor was called to make the lettering for the sign the violation was noticed. Other buildings in this development have similarly styled monument signs. Section 16-B of the sign ordinance required monument signs to be set back a minimum of 15 feet from the property line. The proposed sign in the front yard is approximately at the property line. Jackson stated that staff was recommending the variance be granted subject to whatever changes or conditions Council deems appropriate. Motion was made to approve the variance to the sign ordinance for Matarangi, Ltd., at 325 Miron Drive, Southlake. Motion: Potter Second: DuPre Ayes: Potter, DuPre, Standerfer,Fawks, Kendall, Shankland, and Stacy Nays: None Approved: 7-0 vote Agenda Item #11-A, Discussion: Ordinance No. 778 and Ordinance No. 480-KK, Pertaining to Noise Regulations Chief of Building Services Malcolm Jackson presented for discussion revisions to two ordinances relating to noise: Ordinance No. 778, Noise Ordinance and Ordinance No. 480-KK revising the zoning ordinance regarding noise. As background information he stated, "This ordinance was originally adopted in June 1988 as a "nuisance" ordinance. For the purposes of explanation, both the existing and proposed ordinances will be referred to as "noise" ordinances to avoid confusion. During the past severahyears, the city responded to several noise situations and both the police services and code enforcement experience some difficulty in resolving the complaints for several reasons under the existing ordinance. The existing ordinance also relies heavily on subjective judgment that mandates a much greater degree of evidentiary support than can typically be achieved for successful prosecution. The Southlake Department of Public Safety conducted extensive research, including contacting the Rutgers Noise Technical Assistance Center, located in the Department of Environmental Sciences at Rutgers University. In the development of this ordinance, we incorporated both objective standards and subjective provisions within the ordinance to maximize the application and enforcement capabilities." Regarding changes to the Zoning Ordinance, it is necessary to remove the general noise regulations from the zoning ordinance and replace them with appropriate references to Ordinance No. 778. Mayor Stacy asked the City Council to review the ordinances and bring any recommended changes or suggestions to Malcolm Jackson for incorporation into the draft ordinances. This item will be placed on a future agenda for consideration of first reading. Regular City Council Meeting Minutes of July 18,2000 Page 26 of 27 UNOFFICIAL MINUTES—NOT APPROVED BY THE CITY COUNCIL Agenda Item#12, Adjournment Mayor Rick Stacy adjourned the meeting at 12:30 a.m. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Regular City Council Meeting Minutes of July 18,2000 Page 27 of 27 UNOFFICIAL MINUTES NOT APPROVED BY P&Z COMMISSION 1 REGULAR PLANNING AND ZONING 2 COMMISSION MEETING 3 July 20, 2000 4 5 COMMISSION PRESENT: Chairman Dennis King; Vice-Chairman Michael Boutte; 6 Commissioners Kenneth Horne, James Jones, Pamela Muller, and John Terrell. 7 8 COMMISSION ABSENT: Vernon Stansell. 9 10 CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Bruce Payne, Director of Planning; 11 Dennis Killough, Senior Current Planner; Lisa Sudbury, Current Planner; Malcolm Jackson, Chief 12 of Building Services; Angela Turner, Graduate Engineer; and Lori Farwell, Planning Secretary. 13 14 Chairman King called the meeting to order at 6:38 p.m. 15 16 There was no Work Session held. 17 18 AGENDA ITEM#2, APPROVAL OF MINUTES: 19 Chairman King opened discussion of the minutes of the Planning and Zoning Commission meeting 20 held on July 6, 2000. 21 22 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held ?3 on July 6, 2000, as presented. ?4 25 Motion: Muller 26 Second: Terrell 27 Ayes: Terrell, Boutte, Muller, Jones, King 28 Nays: None 29 Approved: 5-0 30 Motion carried. 31 32 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#0018) 33 34 AGENDA ITEM#3, ADMINISTRATIVE COMMENTS: 35 Due to the fact that the Commission does not have a regularly scheduled meeting on August 17, 36 Director of Planning Bruce Payne said that would be the perfect opportunity for staff to conduct the 37 P&Z orientation. The Commission agreed to begin the meeting at 6:00 p.m. on August 17. 38 39 Chairman King said Agenda Item #4 was on the Consent Agenda and will not have a separate 40 discussion unless a Commission member or a citizen requests for it to be removed from the Consent 41 Agenda and placed on the Regular Agenda. No one requested for this item to be removed from the 42 Consent Agenda. 43 44 AGENDA ITEM #4, ZA00-075, FINAL PLAT OF FINAL PLAT OF LOT 1, BLOCK I, Planning and Zoning Commission Meeting Minutes on July 20, 2000 1 UNOFFICIAL MINUTES NOT APPROVED BYP&Z COMMISSION 1 CARROLL I.S.D. NO. 5 ADDITION: 2 Motion was made to approve ZA00-075 subject to Plat Review Summary No. 1, dated July 14, 3 2000. 4 5 Motion: Muller 6 Second: Jones 7 Ayes: Boutte, Muller, Jones, Terrell, King 8 Nays: None 9 Approved: 5-0 10 Motion carried. 11 12 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#0127) 13 14 AGENDA ITEM#5, ZA00-024, REZONING: 15 Motion was made to table ZA00-024 at the applicant's request and to continue the Public Hearing 16 to the August 3, 2000, meeting. 17 18 Motion: Boutte 19 Second: Muller 20 Ayes: Muller, Jones, Terrell, Boutte, King 21 Nays: None 22 Approved: 5-0 !3 Motion carried. !4 25 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #0212) 26 27 Commissioner Horne arrived at 6:45 p.m. 28 29 AGENDA ITEM #6, ZA00-068, REVISED SITE PLAN FOR CHRISTIAN MEN'S NETWORK: 30 AGENDA ITEM#7, ZA00-073, SITE PLAN FOR CONSULTANTS IN RADIOLOGY, PA: 31 ZA00-068 and ZA00-073 were tabled under provisions of Ordinance No. 480, Section 40.2, to the 32 August 3, 2000, meeting. 33 34 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #0231) 35 36 Chairman King moved Agenda Items #8 and#9 to the end of the agenda. 37 38 AGENDA ITEM#10, ZA00-036, PRELIMINARY PLAT FOR SIMMONS ADDITION: 39 Current Planner Lisa Sudbury presented this item to the Commission for a 20.713 acre, 13 lot 40 residential development located on the north side of Rainforest Court. The property is legally 41 described as Lots 1 and 2, Simmons Addition and it currently zoned "SF-1A" Single Family 42 Residential District. The Land Use Category is Low Density Residential and 100-Year Flood Plain. 43 The Owners of the property are John Simmons and Chris and Nanette Lockhart, and the Applicant 44 is Mary Meyer's Enterprises, Inc. Twenty notices were sent to property owners within the 200' Planning and Zoning Commission Meeting Minutes on July 20, 2000 2 UNOFFICIAL MINUTES NOT APPROVED BYP&Z COMMISSION 1 notification area, and seven responses were received with two being in favor and five being opposed. 2 Four responses from outside the 200' notification area were received with all being opposed. 3 4 Fred Joyce (Mary Meyer's Enterprises, Inc.) presented this item to the Commission. 5 6 Commissioner Horne asked Mr. Joyce how he has addressed the water pressure problems. Mr. 7 Joyce said he put gauges on Mr. Simmons' house and the gauges read between 70—72 lbs. He said 8 the City also checked the pressure at a station west of Rainforest Court and it has also been around 9 70 lbs. He does not think the pressure is the problem; it may be a volume problem. 10 11 Chairman King opened the Public Hearing. 12 13 Tim Miller (SPIN #6 Representative) 2509 Rolling Lane, Southlake, Texas, said they have held 14 several SPIN meetings regarding this development; it appears everyone is mostly in agreement. 15 16 Stephen Apple, 2819 Rainforest Court, Southlake, Texas, said the City committed to improve the 17 width and the turning radius of Brookwood Lane. He expressed his concern about there only being 18 one entrance and exit from Shady Lane to approximately 50 to 60 homes. He is very concerned 19 about the access for safety vehicles. 20 21 Senior Planner Dennis Killough said in order to increase the radius at the corner of Brookwood and 22 Raintree, the City would have to acquire more right-of-way. He said Assistant City Engineer Shawn 23 Poe said he was going to talk to property owners to see if it could be acquired. 24 25 Joe Bayer, 2829 Rainforest Court, Southlake, Texas, said he prefers the plan that shows access off 26 of Brookwood Lane. 27 28 Martin Peryea, 2820 Rainforest Court, Southlake, Texas, said he was definitely opposed to this 29 street coming out onto Rainforest Court; more trees would be required to be removed on Rainforest 30 Court than on Brookwood Lane. He said there are too many children on Rainforest Court for the 31 street to connect there. He also expressed his concern about the water pressure. 32 33 Jimana Peryea, 2820 Rainforest Court, Southlake, Texas, said she is pleased with the Brookwood 34 plan; it will have the least impact on the citizens. She said there are ten children under the age of 35 twelve who live on Rainforest Court. She said there are many trees on Rainforest Court that would 36 have to be removed and would have more of an ecological impact. She asked Mr. Joyce to preserve 37 as many trees as possible and keep it as natural as possible. 38 39 Marlene Spady, 2860 Rainforest Court, Southlake, Texas, said when she bought her property, the 40 plan showed Red Rock Road connecting to Brookwood Lane. She supports the plan as it is shown 41 now. 42 43 Graduate Engineer Angela Turner said there are plans in the Fall of 2000 to improve Rainforest 44 Court. She said Brookwood Lane and the streets to the north were improved a few years ago. Planning and Zoning Commission Meeting Minutes on July 20, 2000 3 UNOFFICIAL MINUTES NOT APPROVED BYP&Z COMMISSION 1 Regarding the water problems, she said the problem was not the pressure; it was the volume. She 2 said there was one feed coming from one direction and now there are two. 3 4 Commissioner Muller said the entrance on Brookwood Lane makes more sense because it impacts 5 fewer homes, but it still concerns her to put more traffic on inadequate roads. 6 7 Commissioner Horne said Shady Lane is a narrow street and if there are 40 to 50 additional cars 8 going onto it, then it will begin to look like Kimball Avenue does right now. He asked if there are 9 plans to widen Shady Lane. Ms. Turner said there are no plans. 10 11 Chairman King closed the Public Hearing. 12 13 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #1747) 14 15 Motion was made to approve ZA00-036 subject to Plat Review Summary No. 3, dated July 14, 16 2000, and to allow the variances requested for Items #1.a (two points of access); #1.b (cul-de-sac 17 length requirements); and#2.a(placement of utility easements). 18 19 Motion: Boutte 20 Second: Horne 21 Ayes: Jones, Horne, Terrell, Boutte, Muller, King 22 Nays: None 23 Approved: 6-0 24 Motion carried. 25 26 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#1887) 27 28 AGENDA ITEM #11, ZA00-043, SITE PLAN FOR J.I.L. CUSTOM CABINETS: 29 Current Planner Lisa Sudbury presented this item to the Commission for a Site Plan for Lot 2, Block 30 A, North Davis Business Park, involving 1.38 acres. The Current Zoning is "I-1" Light Industrial 31 District. The Land Use Category is Industrial. The Owner and Applicant is J.I.L. Custom Cabinets, 32 Inc. Eleven (11) notices were sent to property owners within the 200' notification area, and one 33 response was received in favor. 34 35 Rodgers Miller, 8635 Clara Lane, Keller, Texas, presented this case to the Commission. 36 37 The Commission discussed the requested variances. 38 39 Commissioner Muller asked what the dumpster screening material can be in an industrial district. 40 Mr. Killough said if it were outside residential adjacency, it could be 6' solid fence or 6' of dense 41 plant material or any type of a masonry wall with a metal gate. 42 43 Chairman King opened the Public Hearing. No one in the audience stepped forward to speak. 44 Chairman King closed the Public Hearing. Planning and Zoning Commission Meeting Minutes on July 20, 2000 4 UNOFFICIAL MINUTES NOT APPROVED BY P&Z COMMISSION 1 2 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#3094) 3 4 Motion was made to approve ZA00-043 subject to Site Plan Review Summary No. 2, dated July 5 14, 2000, and to allow the variances requested to Items#1 (encroachment of existing parking spaces 6 into bufferyard); #2 (driveway spacing); and#4 (articulation); and to allow the variance requested 7 to Item#3 but require the dumpster screening material as required in the industrial district. 8 9 Motion: Muller 10 Second: Terrell 11 Ayes: Horne, Terrell, Boutte, Muller, Jones, King 12 Nays: None 13 Approved: 6-0 14 Motion carried. 15 16 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #3144) 17 18 Chairman King called for a break at 8:15 p.m. 19 Chairman King called the meeting back to order at 8:30 p.m. 20 21 AGENDA ITEM#12, ZA00-056, REZONING AND CONCEPT PLAN FOR HIGH POINT: 22 Current Planner Lisa Sudbury presented this item to the Commission for a Rezoning and Concept 23 Plan on Tracts 3A, 3A1B, 3A2, 3E, 3E1, and a portion of Tract 3A1C, Littleberry G. Hall Survey, 24 Abstract 686, involving 14.654 acres. The Current Zoning is "SF-1 A" Single Family Residential 25 District and the Requested Zoning is "SF-20A" Single Family Residential District. The Land Use 26 Category is Low Density Residential and Medium Density Residential. The Owner and Applicant 27 is Ross Owen. Twenty-eight(28) notices were sent to property owners within the 200'notification 28 area, and three responses were received with one being in favor, one being opposed, and one being 29 undecided. 30 31 Vice-Chairman Boutte asked if there was a SPIN meeting held. Mr. Killough said he has been told 32 there was not a SPIN meeting. 33 34 Jackey Fluitt, 500 Grapevine Highway, Suite 375, Hurst, Texas, presented this case to the 35 Commission. He said the homes on this property will be approximately 2,800 s.f. and will range in 36 the area of$400,000 and up. 37 38 Commissioner Horne told Mr. Fluitt it is not too late to hold a SPIN meeting. Mr. Fluitt said he 39 would be glad to do that. 40 41 Chairman King opened the Public Hearing. 42 43 Robert Owen, 430 Shady Oaks, Southlake, Texas, said he borders this property and has no opposition 44 to 20,000 s.f. lots. Planning and Zoning Commission Meeting Minutes on July 20, 2000 5 UNOFFICIAL MINUTES NOT APPROVED BY P&Z COMMISSION 1 2 David Stropes, 609 Llano Court, Southlake, Texas, stated his concern about several large oak trees 3 directly behind his property. He suggested that they consider laying out the lots differently because 4 the Llano Court lots back up to two lots as it is currently shown; he questioned if there is some way 5 for each one of these lots to back up to a single lot on Llano Court. He expressed his concern about 6 the drainage. He said he would like to make sure there are strict architectural standards placed on 7 the homes in this development. 8 9 Stephen Weatherspoon, 615 Llano Court, Southlake, Texas, stated his concern about drainage. He 10 asked some questions regarding the processing of this item. 11 12 Doreen Bruton, 583 Shady Oaks, Southlake, Texas, said she is in favor of this subdivision but asked 13 if there is any way to get sidewalks on Shady Oaks from this development to Durham Elementary. 14 15 Chairman King closed the Public Hearing. 16 17 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#3928) 18 19 The Commission discussed the Land Use Plan and the requested zoning. 20 21 Ross Owen, 480 Shady Oaks, Southlake, Texas, said there has been some confusion about the 22 existing zoning on this property. He said the City maps are not correct because they show part of 23 the property zoned and part of it unzoned but actually all of the property is zoned one acre. He said 24 this seemed like the logical plan because it is shown on the City's Land Use Plan as medium density. 25 26 Motion was made to deny ZA00-056. 27 28 Motion: Boutte 29 Second: Horne 30 Ayes: Terrell, Boutte, Muller, Jones, Horne, King 31 Nays: None 32 Approved: 6-0 (to deny) 33 Motion carried. 34 35 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#4770) 36 37 Mr. Killough said case ZA00-056 will move forward to the next scheduled City Council meeting 38 and will require a super majority vote in the affirmative due to the Commission's denial. 39 40 AGENDA ITEM #13, ZA00-057, PRELIMINARY PLAT OF WORTHING ADDITION: 41 Current Planner Lisa Sudbury presented this item to the Commission for a Preliminary Plat on Tract 42 2C1, J. W. Hale Survey, Abstract No. 803, involving 6.5043 acres. The property is located on the 43 south side of Rainbow Drive across from Sussex Court. The Current Zoning is "SF-20A" Single 44 Family Residential District. The Land Use Category is Medium Density Residential. The Owners Planning and Zoning Commission Meeting Minutes on July 20, 2000 6 UNOFFICIAL MINUTES NOT APPROVED BYP&Z COMMISSION 1 are John K. and Michelle M. Wetteland and the Applicant is Talisman Homes. Nineteen(19)notices 2 were sent to property owners within the 200' notification area, and one response was received in 3 favor. 4 5 Dick Blackard, 500 Grapevine Highway, Hurst, Texas, presented this case to the Commission. 6 7 Chairman King opened the Public Hearing. 8 9 Penny Foster, 900 South Hollow Court, Southlake, Texas, expressed her concern regarding the 10 removal of the trees on the property. 11 12 Chairman King closed the Public Hearing. 13 14 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #5335) 15 16 Motion was made to approve ZA00-057 subject to Plat Review Summary No. 3, dated July 14, 17 2000. 18 19 Motion: Muller 20 Second: Jones 21 Ayes: Boutte, Muller, Jones, Home, Terrell, King 22 Nays: None ?3 Approved: 6-0 i4 Motion carried. 25 26 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#5362) 27 28 AGENDA ITEM#14,ZA00-070, PLAT REVISION FOR PROPOSED BLOCK 2R, SOUTHLAKE 29 TOWN SQUARE: 30 Current Planner Lisa Sudbury presented this item to the Commission for a Plat Revision of Block 31 2, Southlake Town Square, Phase 1, involving 5.624 acres. This block is located on the east side of 32 N. Carroll Avenue, north of Main Street and south of Prospect Street and the post office currently 33 under construction. The Current Zoning is "NR-PUD"Non-Residential Planned Unit Development. 34 The Land Use Category is Mixed Use. The Owner of the property is Southlake Venture West, L.P. 35 and the Applicant is Cooper& Stebbins. Six notices were sent to property owners within the 200' 36 notification area, and one response was received undecided. 37 38 Jeff Jones (Cooper&Stebbins) 1411 Cambridge Crossing, Southlake, Texas, presented this case to 39 the Commission. 40 41 Chairman King opened the Public Hearing. No one in the audience stepped forward to speak. 42 Chairman King closed the Public Hearing. 43 44 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#5528) Planning and Zoning Commission Meeting Minutes on July 20, 2000 7 UNOFFICIAL MINUTES NOT APPROVED BYP&Z COMMISSION 1 2 Motion was made to approve ZA00-070 subject to Plat Review Summary No. 2, dated July 14, 3 2000. 4 5 Motion: Jones 6 Second: Muller 7 Ayes: Muller, Jones, Horne, Terrell, Boutte, King 8 Nays: None 9 Approved: 6-0 10 Motion carried. 11 12 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#5549) 13 14 AGENDA ITEM#15,ZA00-071,PLAT REVISION FOR PROPOSED BLOCK 3R,SOUTHLAKE 15 TOWN SQUARE: 16 Current Planner Lisa Sudbury presented this item to the Commission for a Plat Revision for Block 17 3 and Reserve Street, Southlake Town Square, Phase 1, and a portion of Tract 3, Richard Eads 18 Survey, Abstract No. 481, involving 5.640 acres. This block is located directly north of the City Hall 19 and east of the post office both currently under construction. The block is bounded by Civic Place 20 to the south, State Street to the west, Grand Avenue to the east and "future" Town Square 21 development to the north. The Current Zoning is "NR-PUD" Non-Residential Planned Unit 22 Development and the Land Use Category is Mixed Use. The Owner of the property is Southlake 23 Venture West, L.P., and the Applicant is Cooper& Stebbins. Four(4) notices were sent to property 24 owners within the 200'notification area, and no responses were received. 25 26 Jeff Jones (Cooper& Stebbins) 1411 Cambridge Crossing, Southlake, Texas, presented this case to 27 the Commission. 28 29 Chairman King opened the Public Hearing. No one in the audience stepped forward to speak. 30 Chairman King closed the Public Hearing. 31 32 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section#5696) 33 34 Motion was made to approve ZA00-071 subject to Plat Review Summary No. 2, dated July 14, 35 2000. 36 37 Motion: Jones 38 Second: Muller 39 Ayes: Jones, Horne, Terrell, Boutte, Muller, King 40 Nays: None 41 Approved: 6-0 42 Motion carried. 43 44 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #5722) Planning and Zoning Commission Meeting Minutes on July 20, 2000 8 UNOFFICIAL MINUTES NOT APPROVED BY P&Z COMMISSION 1 2 AGENDA ITEM #16, ZA00-072, REVISED PRELIMINARY PLAT FOR PROPOSED LOTS 1 3 & 2, BLOCK 23, SOUTHLAKE TOWN SQUARE: 4 Current Planner Lisa Sudbury presented this item to the Commission for a Revised Preliminary Plat 5 for a portion of Tract 2A, Richard Eads Survey, Abstract No. 481, involving 3.518 acres. The 6 property is located in the far southeast corner of the Town Square planned unit development,directly 7 west of the Room Store retail site. The Current Zoning is"NR-PUD"Non-Residential Planned Unit 8 Development, and the Land Use Category is Mixed Use. The Owner of the property is Carol Jean 9 Peterka and the Applicant is Cooper & Stebbins. Nine (9) notices were sent to property owners 10 within the 200' notification area, and one response was received undecided. 11 12 Jeff Jones (Cooper& Stebbins) 1411 Cambridge Crossing, Southlake, Texas, presented this case to 13 the Commission. 14 15 Chairman King opened the Public Hearing. No one in the audience stepped forward to speak. 16 Chairman King closed the Public Hearing. 17 18 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #5915) 19 20 Motion was made to approve ZA00-072 subject to Plat Review Summary No. 2, dated July 14, 21 2000. 22 23 Motion: Jones 24 Second: Muller 25 Ayes: Horne, Terrell, Boutte, Muller, Jones, King 26 Nays: None 27 Approved: 6-0 28 Motion carried. 29 30 (Planning and Zoning Commission meeting, 07-20-00, tape 1, section #5945) 31 32 AGENDA ITEM #9, ORDINANCE NO. 778: 33 Chief of Building Services Malcolm Jackson presented this item to the Commission. 34 35 (Planning and Zoning Commission meeting, 07-20-00, end of tape 1, section #7102) 36 37 The Commission discussed indoor residential construction on Sundays and agreed to amend Section 38 11-61(7), Offenses, to clarify the language to allow interior work where there is no exterior noise 39 that creates a problem. 40 41 Regarding Section 11-63(5), Temporary Noise Exemption Permits, the Commission agreed to 42 require notification of property owners within 200' instead of only notifying contiguous property 43 owners. 44 Planning and Zoning Commission Meeting Minutes on July 20, 2000 9 UNOFFICIAL MINUTES NOT APPROVED BY P&Z COMMISSION 1 The Commission agreed to add Neighborhood Associations to Section 11-62(3). 2 3 Chairman King opened the Public Hearing. No one in the audience stepped forward to speak. 4 Chairman King closed the Public Hearing. 5 6 (Planning and Zoning Commission meeting, 07-20-00, tape 2, section #0830) 7 8 Motion was made to approve Ordinance No. 778, Noise Ordinance, with the following 9 recommendations: 10 • Section 11-62(3): add Neighborhood Associations; 11 • Section 11-61(c)(7): exclusion of anytime on Sunday for indoor residential construction, 12 remodeling, etc.; 13 • Section 11-63(b)(5), delete the words "contiguous to" and insert"within 200' of'. 14 15 Motion: Muller 16 Second: Jones 17 Ayes: Terrell, Boutte, Muller, Jones, Horne, King 18 Nays: None 19 Approved: 6-0 20 Motion carried. 21 22 (Planning and Zoning Commission meeting, 07-20-00, tape 2, section#1018) 23 24 AGENDA ITEM #8, ORDINANCE NO. 480-KK: 25 Senior Planner Dennis Killough said this ordinance removes all regulations regarding noise and adds 26 reference to the Noise Ordinance. 27 28 Chairman King opened the Public Hearing. No one in the audience stepped forward to speak. 29 Chairman King closed the Public Hearing. 30 31 (Planning and Zoning Commission meeting, 07-20-00, tape 2, section #1080) 32 33 Commissioner Muller said she would like to have reference to Section 25, `B-2" Commercial 34 Manufacturing District, in Section 1. She said she noticed there was no mention of noise regulations 35 in that district and said maybe that was missed the first time around. 36 37 Motion was made to approve Ordinance No. 480-KK including the addition of Section 25, `B-2", 38 of Zoning Ordinance No. 480 into Section 1. 39 40 Motion: Muller 41 Second: Terrell 42 Ayes: Boutte, Muller, Jones, Horne, Terrell, King 43 Nays: None 44 Approved: 6-0 Planning and Zoning Commission Meeting Minutes on July 20, 2000 10 UNOFFICIAL MINUTES NOT APPROVED BYP&Z COMMISSION 1 Motion carried. 2 3 (Planning and Zoning Commission meeting, 07-20-00, tape 2, section #1153) 4 5 AGENDA ITEM #17, PRESENTATION OF PROPOSED UNIFIED DEVELOPMENT 6 ORDNANCE: 7 Director of Planning Bruce Payne presented this item to the Commission. 8 9 (Planning and Zoning Commission meeting, 07-20-00, tape 2, section #2396) 10 11 AGENDA ITEM #18, MEETING ADJOURNMENT: 12 Chairman King adjourned the meeting at 11:09 p.m. on July 20, 2000. 13 14 (Planning and Zoning Commission meeting, 07-20-00, tape 2, section #2405) 15 16 17 i15 20 Dennis King 21 Chairman 22 23 24 ATTEST: 25 26 29 Lori A. Farwell 30 Planning Secretary 31 N:\Community Development\WP-FILES\MTG\MIN\2000\07-20-00.DOC Planning and Zoning Commission Meeting Minutes on July 20, 2000 11 AGENDA ITEM 5-B Approval of a professional service agreement with Cheatham & Associates for the engineering and design of sanitary sewer improvements to serve the Oak Lane Addition as part of the 25th Program Year (1999) Community Development Block Grant (CDBG). This item was sent to you last week as Item 5-B. No documents for this item are included in this packet. AGENDA ITEM 5-C Approval of a professional service agreement with Wiss, Janny, Elstner Associates for the engineering and design of pavement rebahilitation in the Timberlake and Southview subdivision. This item was sent to you last week as Item 5-C. No documents for this item are included in this packet. City of Southlake, Texas MEMORANDUM July 21, 2000 TO: Billy Campbell, City Manager FROM: Lauren Safranek, Human Resources Director SUBJECT: Resolution No. 00-81, Amending the Personnel Policies Handbook to Include the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles. Action Requested: Consideration of Resolution No. 00-81, approving the amendment of the employee handbook to include the drug and alcohol testing policy for employees driving commercial vehicles. Background Information: The City is required to comply with the Omnibus Transportation Employee Testing Act of 1991 as amended (the Act), and the regulations promulgated by the U.S. Department of Transportation, which require employers to test employees who drive commercial vehicles, as part of their job duties, for the use of alcohol and drugs. The purposes of the provisions of the Act and the regulations are to deter misuse of alcohol and drugs and to protect the public from the damage such misuse may cause. This policy applies to: 1. City employees who drive a commercial vehicle; 2. applicants for a position which includes, as a part of the job duties of the position, a requirement that the employee operate a commercial vehicle, either full-time, part-time, casual, intermittently, or occasionally; and 3. City employees who transfer into a position that includes, as a part of the job duties of the position, a requirement that the employee drive a commercial vehicle The Act requires random drug and alcohol tests, tests for reasonable suspicion, tests after an accident and tests before occupying a position that requires driving a commercial vehicle. To implement the Federal requirements, the City recommends adoption and implementation of this policy. 5:D-1 Billy Campbell July 21, 2000 Page Two Financial Considerations: Adopting a drug and alcohol testing policy has minimal financial impact. The City currently conducts drug tests all new employees before hire, and upon reasonable suspicion. Post-accident tests will cost about $40 per incident, and random drug testing will cost about $125 per year to have this administered by an independent third party. Citizen Input: Not Applicable Board Review: Not Applicable. Legal Review: The attorneys have reviewed the policy and addressed any legal issues pertaining to the drug and alcohol testing policy. Alternatives: The alternatives are to not adopt a policy. Supporting Documents: A copy of the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles and Resolution 00-81. Staff Recommendation: Staff recommends placing this item on the August 1, City Council meeting agenda. 5p-2 RESOLUTION NO. 00-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS, AMENDING THE PERSONNEL POLICIES TO INCLUDE THE DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES DRIVING COMMERCIAL VEHICLES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager shall be responsible to the Council for the proper administration of all affairs of the City including the preparation of personnel policies; and WHEREAS, according to the City of Southlake (the "City") Charter section 4.14(9) personnel rules are subject to the approval of Council; and • WHEREAS, the City Manager recognizes the need to update, revise, or add policies to reflect changes in laws or City practice; and WHEREAS, the drug and alcohol testing policy for employees driving commercial vehicles accomplishes the purposes described above in a manner that accommodates the • legitimate interests of the City, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1: The City of Southlake hereby amends the personnel policies to include the Drug and Alcohol Testing Policy for Employees Driving Commercial Vehicles. Section 2: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED 'THIS THE DAY OF , 2000. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand, City Secretary 51)-3 CITY OF SOUTHLAKE PERSONNEL POLICIES Topic: Drug and Alcohol Testing for Employees Section: Drug and Alcohol Testing Driving Commercial Vehicles Effective Date: August 1, 2000 Approved By: Resolution 00-81 Revision Date: 1.0 Federal Mandate The City is required to comply with the Omnibus Transportation Employee Testing Act of 1991 as amended (the Act), and the regulations promulgated by the U.S. Department of Transportation, which require employers to test employees who drive commercial vehicles as part of their job duties, for the use of alcohol and drugs. The purposes of the provisions of the Act and the regulations are to deter misuse of alcohol and drugs and to protect the public from the damage such misuse may cause. To implement the Federal requirements, the City adopts and implements this policy. 2.0 Applicability This policy applies to: 1. City employees who drive a commercial vehicle; 2. applicants for a position which includes, as a part of the job duties of the position, a requirement that the employee operate a commercial vehicle, either full-time, part-time, casual, intermittently, or occasionally; and 3. City employees who transfer into a position that includes, as a part of the job duties of the position, a requirement that the employee drive a commercial vehicle. 3.0 Definitions 3.1 Alcohol — The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. 3.2 Alcohol Concentration(or Content) - means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 3.3 Alcohol Test - Test conducted by a Breath Alcohol Technician, or any other person approved by the U.S. Department of Transportation rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of breath, or 5D-4 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 5 any other test used to detect the presence of alcohol that is approved by the Federal Highway Administration(FHWA). 3.4 Alcohol Use- means the consumption of any beverage, mixture, or preparation, including medication, containing alcohol. 3.5 Breath Alcohol Technician (BAT) - An individual who instructs and assists individuals in the alcohol testing process and operates the evidential breath testing device. 3.6 City - City of Southlake, Texas. 3.7 City-Designated Representative (CDR) - The primary contact person designated by the City to receive all informatior and reports from the Medical Review Officer, the Breath Alcohol Technician, the Substance Abuse Professional and the laboratories. The CDR is also the designated contact person for inquiries regarding this policy. The CDR for the City is the Director of Human Resources. 3.8 Commercial Motor Vehicle—A motor vehicle or a combination of motor vehicles used in a commerce to transport passengers or property if the motor vehicle: 1. has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 2. has a gross combination weight of 26,001 or more pounds; 3. is designed to transport 16 or more passengers, including the driver; or 4. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulation(149 C.F.R. 172, subpart F). 3.9 Confirmation Test 1. for alcohol testing, a second test following a screening test with a result greater than 0.02 that provides quantitative data of alcohol concentration. Confirmation of the screening test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test. 5D-5 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 6 2. for drug testing, a second analytical procedure to identify the presence of a specific drug or drug metabolite which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy. (Gas Chromatography/Mass Spectrometry (GC/MS) is the authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine). 3.10 Driver — Any employee who holds a Commercial Driver's License and is subject to operating a Commercial Motor Vehicle at the direction of, or with the consent of the City including, but not limited to, full-time, part-time, regularly employed drivers, casual, intermittent or occasional drivers, or any person applying to the City for a position, the duties of which include driving a Commercial Motor Vehicle. 3.11 Drug - Includes cocaine, marijuana, opiates, amphetamines, and phencyclidine and any other substance determined by the U.S. Department of Transportation to be a drug or a controlled substance. 3.12 Drug Test - A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 C.F.R. 40. 3.13 Employee - A person employed by the City of Southlake. 3.14 Evidential Breath Testing Device (EBT) - A device approved by the National Highway Traffic Safety Administration (NHTSA) and placed on the NHTSA's Conforming Products List and is used for the evidential testing of breath. 3.15 Follow-up Test—An alcohol or drug test administered to a driver who has violated the prohibitions of this policy and who has been permitted to return to duty after passing a return-to-duty alcohol or drug test. 3.16 Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the City's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 3.17 On-Duty Time - All time spent providing a breath sample or primary urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing as directed by the City. 5D-6 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 7 3.18 Post-Accident Test - An alcohol or drug test administered to a driver following an accident involving a city-owned vehicle or any vehicle used in the performance of City business when the employee was performing safety-sensitive functions with respect to the vehicle and the accident involved a loss of human life, serious injury, or major property damage. 3.19 Pre-Employment Test — An alcohol or drug test administered to a person prior to the first time the individual performs a safety-sensitive function upon appointment to a position requiring the person to hold a Commercial Driver's License. 3.20 Random Test- An alcohol or drug test administered to a driver who has been randomly selected by a scientifically valid method from among the pool of City drivers subject to such tests. 3.21 Reasonable Suspicion Test -An alcohol or drug test administered to a driver as a result of a trained supervisor's or trained City official's reasonable belief that the driver has violated the drug or alcohol prohibitions of this policy. A reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, and/or body odors of the driver. The observations may include indications of the chronic or withdrawal effects of drug or alcohol and any of the following: 1. documentation of unsatisfactory work performance or on-the-job behavior; 2. evidence of the manufacture, distribution, dispensing, possession, or use of drugs, alcohol or other prohibited substances; 3. occurrence of a serious or potentially serious accident that may have been caused by human error; or 4. fights(physical contact), assaults, and flagrant disregard or violations of established safety, security or other work rules. 3.22 Refusal to Submit to a Drug, Alcohol or Controlled Substances Test—When a driver performs any of the following: 1. fails to provide an adequate amount of breath during testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; 2. fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; 5D-7 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 8 3. engages in conduct that obstructs or interferes with the testing process; 4. fails to be readily available for post-accident testing; or 5. fails to report to, and undergo alcohol and drug testing, at a collection site as required. 3.23 Return-to-Duty Test - An alcohol or drug test administered prior to a driver being permitted to return to duty, when the driver has violated this policy. 3.24 Safety-Sensitive Function- A function performed by a driver whenever the driver: 1. begins work until the time the driver is relieved from work including time spent at a facility waiting to be dispatched; 2. is inspecting or servicing the vehicle; 3. is driving or at the controls of the vehicle; 4. is resting in the vehicle; 5. is loading or unloading the vehicle including the performance of any related paperwork; 6. is performing those duties required of a driver involved in a vehicle accident; 7. is repairing or attending to a disabled vehicle; or 8. during all time while providing a breath sample or urine specimen including travel time to and from the collection site in order to comply with testing directed by the City. 3.25 Screening Test (Initial Test)— 1. in alcohol testing, an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system; and 2. in drug testing, an immunoassay screen (or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration. 5D-8 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 9 3.26 Substance Abuse Professional (SAP) - A licensed physician(medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. 3.27 Supervisor- A management or supervisory employee of the City. 3.28 Trained Supervisor or Trained City Official -Any City supervisor or any City management employee who has received the requisite training in identifying the signs and symptoms of alcohol abuse or drug abuse. 4.0 Prohibited Acts 4.1 Prohibitions Regarding Alcohol - A driver shall not: 1. report for duty or remain on duty when the driver's ability to perform assigned functions is adversely affected by alcohol or when the driver's blood alcohol concentration is 0.04 or greater; 2. possess or use alcohol while on duty, or within four hours before reporting for duty; 3. perform safety-sensitive functions for 24 hours following an alcohol test result indicating an alcohol concentration of greater than 0.02 but less than 0.04; 4. use alcohol for eight hours following an accident or until the employee undergoes a post-accident alcohol test, whichever occurs first; or 5. refuse to submit to a pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up alcohol test. A driver who refuses to submit to an alcohol test shall not be allowed to perform safety-sensitive functions. 4.2 Prohibitions Regarding Drugs A driver shall not: 1. report for duty or remain on duty when the driver is using any drug, except when the use is pursuant to the instructions of a physician who has advised the employee 5D-9 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 10 that the drug will not adversely affect the driver's ability to safely perform safety- sensitive functions; 2. report for duty, remain on duty, or perform a safety sensitive function if the driver tests positive for drugs; or 3. refuse to submit to a pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up drug test. A driver who refuses to submit to a drug test shall not be allowed to perform safety-sensitive functions. 5.0 Disciplinary Action A driver is subject to disciplinary action, including termination, if the driver: 1. refuses to sign an employee acknowledgment form for a copy of the City's Drug and Alcohol Testing Policy upon receipt of a copy of the policy; 2. fails to report a conviction for operating a motor vehicle while under the influence of alcohol or drugs; 3. fails to report a conviction for operating a City motor vehicle or a motor vehicle operated in the performance of City business while under the influence of alcohol or drugs; 4. fails to report that the driver has been convicted of violating a statute related to drugs; 5. obstructs, interferes, or refuses to submit with the administration of any drug or alcohol testing; or 6. has an alcohol test result indicating an alcohol concentration of 0.02 or greater or tests positive for one or more drugs. 5.1 Consequences of a Driver Failing a Test— 5.1.1 If a driver has an alcohol test result indicating an alcohol concentration of 0.02 or greater, but less than 0.04, the driver shall be prohibited from performing a safety sensitive function: 1. for a minimum of 24 hours; and 5D-10 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 11 2. until the driver has undergone a return-to-duty alcohol test with a test result less than 0.02. 5.1.2. If a driver has an alcohol test result indicating an alcohol concentration of 0.04 or greater or tests positive for one or more drugs, the driver may not perform a safety sensitive function until: 1. the driver undergoes evaluation by a substance abuse professional; 2. a substance abuse professional determines that the driver has successfully complied with any required rehabilitation; and 3. the driver undergoes a return-to-duty alcohol test with a result of less 1.'an 0.02 if the conduct involved alcohol or the driver undergoes a return-to- duty drug test with a verified negative result if the conduct involved drugs. 5.1.3 A driver shall not be paid for the period of time the driver is prohibited from performing safety sensitive functions. In addition to the other consequences provided in this section, a driver who tests positive for drugs or an alcohol concentration of 0.02 or greater is subject to disciplinary action, including termination, during any stage of the process. 6.0 Notices 6.1 Notice of Requirements - Before performing an alcohol or drug test under the requirements of the U.S. Department of Transportation regulations, the driver being tested shall be notified that the alcohol or drug test is required by 49 C.F.R. Part 382. 6.2 Notice of Results - The City shall notify an applicant or a driver of the results of a pre- employment drug test conducted under this policy, if the applicant or employee requests such results within 60 calendar days of being notified of the disposition of the employment application. The City shall notify a driver of the results of reasonable suspicion and post-accident tests, and notify drivers of the results of random tests, for drug conducted under this policy if the test results are verified positive. The City shall also inform the driver which drug were verified as positive. 6.3 Notice to Contact MRO -The CDR shall make reasonable efforts to contact and request each driver who submits a specimen, regardless of the driver's employment status, to contact and discuss the results of the drug test with a MRO who has been unable to contact the driver. 5D-11 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 12 7.0 Testing Requirements All alcohol and drug testing will comply with the procedures of Title 49 C.F.R. Part 40. 7.1 Pre-employment Testing 7.1.1 An applicant driver shall not perform a safety-sensitive function until the driver has undergone testing for alcohol and drugs and has achieved an alcohol test result indicating an alcohol concentration of less than 0.04 and has achieved a drug test result from the MRO indicating a verified negative test result. If a driver has an alcohol concentration of 0.02 or greater but less than 0.04, the driver shall not perform a safety-sensitive function until the start of the driver's next ; ,gularly scheduled duty period but not less than 24 hours following administration of the test. 7.1.2 As a condition of employment, a person applying for a position requiring the performance of a safety-sensitive function shall provide written authorization for previous employers to release to the City any and all test results, including records of the individual's refusal to test, administered in accordance with the Federal regulations concerning drug and alcohol use and testing. 7.1.3 An employee who seeks to move into a driver position must undergo pre- employment alcohol and drug tests. The alcohol test must indicate a concentration of less than 0.04. The drug test result from the MRO must indicate a verified negative result. If the test results do not meet these standards, the employee shall be disqualified from further consideration for the position. 7.1.4 If the City learns that an applicant for a safety-sensitive position tested positive for drugs or alcohol or refused to test while at a previous employer, the City shall verify the information, obtain proof that the applicant has completed a rehabilitation program and the return-to-duty test. The City shall not use a driver the City knows has tested positive for drugs or with an alcohol concentration of 0.04 or greater, and has not been re-certified and tested negative in return-to-duty testing. 7.2 Random Testing 7.2.1 At least 25% of the average number of the City's driver positions shall undergo random alcohol testing in each calendar year, or the number of drivers equal to an annual rate not less than the minimum annual percentage determined by the Federal Highway Administration Administrator. 5D-12 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 13 7.2.2 At least 50% of the average number of the City's driver positions shall undergo random drug testing in each calendar year, or the number of drivers equal to an annual rate not less than the minimum annual percentage determined by the Federal Highway Administration Administrator. 7.2.3 The selection of drivers for random testing, the timing and frequency of random tests, and the number of drivers to be tested on any given day shall be determined by the City. The selection of drivers for random testing shall be made by a scientifically valid method. Each driver shall have an equal chance of being selected for testing each time selections are made. 7.2.4 Random alcohol and drug tf ts:shall be unannounced and shall be spread reasonably throughout the year. 7.2.5 A driver who is notified of selection for random alcohol or drug testing shall be required to proceed to the test site as instructed. 7.2.6 A driver, when randomly selected, may be required to submit to either an alcohol or drug test, or both. 7.2.7 In the event a driver who is selected for a random test is not atwork that day, another driver will be selected. 7.2.8 A driver shall be subject to random alcohol testing only while the driver is performing a safety-sensitive function, just before the driver is to perform a safety-sensitive function, or just after the driver has ceased performing a safety- sensitive function. 7.3 Reasonable Suspicion Testing 7.3.1 A driver shall promptly submit to an alcohol and or drug test whenever a trained supervisor or trained City official has a reasonable suspicion to believe that the driver has violated the alcohol or drug prohibitions of this policy. 7.3.2 After the period of the work day that the driver is required to be in compliance with this policy. 7.3.3 After determination of reasonable suspicion, the alcohol test shall be administered within two hours unless the supervisor or City official prepares and maintains on file a record stating the reasons the test was not administered within that time. The test may be conducted up to eight hours after the 5D-13 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 14 reasonable suspicion determination is made. If the test is not administered within eight hours after the determination, attempts to administer the test shall stop and the supervisor or city official shall record and maintain on file the reasons why the test was not conducted. 7.3.4 After determination of reasonable suspicion,the drug test shall be administered within 24 hours unless the supervisor or City official prepares and maintains on file a record stating the reasons the test was not administered within that time. If the test is not administered within 24 hours after the reasonable suspicion determination, attempts to administer the test shall stop and the supervisor or City official shall record and maintain on file the reasons why the test was not conducted. 7.3.5 A trained supervisor or trained City official who makes ie determination that reasonable suspicion exists to conduct an alcohol or drug test shall not conduct the alcohol or drug test of the driver. 7.3.6 The trained supervisor who made the observations shall make and sign a written record of the observations leading to a drug reasonable suspicion test within 32 hours of the observed behavior or before the results of the drug test are released, whichever is earlier. 7.3.7 The trained supervisor who made the observations shall make and sign a written record of the observations leading to an alcohol reasonable suspicion test within 24 hours of the observed behavior or before the results of the alcohol test are released, whichever is earlier. 7.4 Post Accident Testing 7.4.1 A driver shall be subject to post-accident alcohol and drug testing as soon as practicable following the accident. 7.4.2 A driver subject to post-accident testing shall be subject to a breath alcohol test not later than eight hours following the accident and to a drug test no later than 32 hours following the accident. 7.4.3 If an alcohol test is not administered within two hours following the accident, the trained supervisor or trained City official shall prepare and maintain on file a record stating the reasons the test was not administered. If an alcohol test is not administered within eight hours following the accident, the trained supervisor or trained City official shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. If a drug test is not administered within 32 hours following the accident, the trained supervisor or 5D-14 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 15 City official shall cease attempts to administer a drug test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. 7.4.4 A driver who is subject to post-accident testing shall remain readily available for such testing or shall be deemed to have refused to submit to testing. Nothing herein shall be construed to required the delay of necessary medical attention or to prohibit the driver from leaving the scene of the accident for the period of time necessary to obtain assistance in responding to the accident, obtain necessary medical treatment for injured people, or to obtain materials necessary to secure the accident site. 7.5 Return-to-Duty Testing - A driver who has an alcohol test result indicating an alcohol concentration of 0.04 or greater or has a confirmed positive test for drugs, may at the City's discretion, be permitted to return to work subject to the following: 1. The driver has been evaluated by a substance abuse professional who has determined what assistance, if any, the driver needs in resolving problems associated with alcohol or drug use and the driver has successfully completed any prescribed rehabilitation; 2. if the driver has violated the alcohol prohibitions, the driver has undergone return-to-duty testing with a result indicating an alcohol concentration of less than 0.02; 3. if the driver has violated the drug prohibitions, the driver has undergone return- to- duty testing with a verified negative result for drug use. 7.6 Follow-up Testing- The driver shall be subject to such follow-up testing for either or both alcohol and drug use as recommended by the substance abuse professional. 1. The number and frequency of such tests shall be determined by the substance abuse professional, and shall consist of at least six tests in the first 12 months following the driver's return to duty, but follow-up testing shall not extend past 60 months after the driver's return to duty. 2. The substance abuse professional may terminate such tests at anytime after the first six tests have been administered upon determination that the tests are no longer necessary. 5D-15 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 16 8.0 Testing Procedures 8.1 Alcohol Tests 8.1.1 A Breath Alcohol Technician (BAT) shall administer alcohol tests using an Evidential Breath Testing device (EBT) except that if the Department of Transportation Federal Highway Administration approves administration of tests by persons other than BATs or approves the use of other methods or technologies for detecting the presence of alcohol, then the administration of tests by such other persons or the use of such other methods or technologies shall be permitted under this policy. 8.1.2 Alcohol to ing shall be conducted in accordance with the following: 1. A driver directed to undergo alcohol testing shall proceed to the designated test site as instructed. 2. A driver shall follow all procedures and instructions given by the BAT including completing, signing, initialing, or dating any required forms or logbooks. If the driver takes the test but fails to sign the certification in Step 4 of the Breath Alcohol Technician Form, or fails to initial the log book entry, it will not be considered a refusal to test. 3. The testing site shall provide visual and aural privacy to the driver, sufficient to prevent unauthorized persons from seeing or hearing test results. 4. In order to prevent unauthorized persons from seeing or hearing test results, unauthorized persons shall not be permitted access to the testing location when the Evidential Breath Testing Device remains unsecured, or, at any time when testing is being conducted. 5. In unusual circumstances, a test may be conducted at a location that does not fully meet the requirements of paragraph(3) above. In such cases, the driver shall be provided visual and aural privacy to the greatest extent practicable. 6. The BAT shall supervise only one driver's use of the EBT at a time and shall not leave the alcohol testing location while the testing procedure for a driver is in progress. 7. Upon entering the test site, the driver shall be required to provide the BAT with positive identification. Positive identification may take the form of a 5D-16 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 17 photo ID card or identification by a supervisor or City official. On request of the driver, the BAT shall provide positive identification to the driver. 8. If a screening test of a driver indicates a breath alcohol concentration of less than 0.02, no further alcohol testing of the driver shall be conducted during this testing event;the BAT shall transmit the result to the City in a confidential manner. 9. If the result of a screening test of a driver indicates a breath alcohol concentration of 0.02 or greater, the driver shall be required to undergo a confirmation test. 10. If the confir, .ation test will be conducted by a different BAT, the BAT who conducts the screening test shall complete and sign the Breath Alcohol Testing Form and log book entry. The BAT shall provide the driver with Copy 2 of this form. 11. If a BAT other than the one who conducted the screening test is conducting the confirmation test, the driver shall be required to provide positive identification in accordance with paragraph(7) above, to the new BAT and the driver may request positive identification of the new BAT. 12. The driver shall not eat, drink, put any object or substance in his or her mouth and to the extent possible, not belch during a waiting period before the confirmation test. This waiting period begins with the completion of the screening test. 13. The confirmation test shall be conducted within 20 minutes of the completion of the screening test. 14. If a BAT other than the one who conducted the screening test is conducting the confirmation test, the new BAT shall initiate a new Breath Alcohol Testing form. The driver shall then complete Step 2 on the form, signing the certification. Refusal of the driver to sign the certification shall be deemed a refusal to test. 15. The driver's refusal to complete and sign the Breath Alcohol Testing form (Step 2)to provide breath, to provide an adequate amount of breath, or otherwise to fail to cooperate with the testing process in a way that prevents the completion of the test shall be noted by the BAT in the "Remarks" section of the form. The testing process shall be terminated and the BAT shall immediately notify the CDR. 5D-17 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 18 16. The driver's refusal to complete and sign the Breath Alcohol Testing Form (Step 2), to provide breath, to provide an adequate amount of breath, or otherwise to fail to cooperate with the testing process in a way that prevents the completion of the test shall be deemed a refusal to test. A driver who refuses to submit to a required alcohol test shall be deemed to have tested at a level of 0.04 or greater for alcohol. 17. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, if practicable, begin a new screening or confirmation test, as applicable, using a new Breath Alcohol Testing form with a new sequential test number. 18. If the driver is unable, or alleges that he or she is unal a, to provide an amount of breath sufficient to permit a valid breath test because of a medical condition, the BAT shall again instruct the driver to attempt to provide an adequate amount of breath. 19. If the driver refuses to make the attempt, the BAT shall immediately inform the CDR. 20. If the driver attempts and fails to provide an adequate amount of breath, the BAT shall so note in the "Remarks" section of thebreath alcohol form and immediately inform the CDR. 21. If the driver attempts and fails to provide an adequate amount of breath, the CDR shall direct the driver to obtain, as soon as practicable after the • attempted provision of breath, an evaluation from a licensed physician who is acceptable to the City concerning the driver's medical ability to provide an adequate amount of breath. 22. If the licensed physician determines, in his or her reasonable medical judgment, that a medical condition has, or with a high degree of probability, could have, precluded the driver from providing an adequate amount of breath, the driver's failure to provide an adequate amount of breath shall not be deemed a refusal to take a test. The physician shall provide to the City a written statement of the basis for his or her conclusion. 23. If the licensed physician, in his or her reasonable medical judgment, is unable to determine that a medical condition has, or with a high degree of probability, could have, precluded the driver from providing an adequate amount of breath, the driver's failure to provided an adequate 5D-18 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 19 amount of breath shall be deemed a refusal to take a test. The physician shall provide to the City a written statement of the basis for his or her conclusion. 8.2 Drug Tests - Testing for drugs shall be conducted by a laboratory certified by the U.S. Department of Health and Human Services and in accordance with the following procedures: 1. A driver directed to undergo a drug test shall proceed to the designated collection site as instructed by the supervisor. 2. A driver shall follow all procedures and instructions given by the collection site person. Failure to do so shall be considered a refusal to test. 3. The collection site person shall collect a urine sample from the driver in accordance with Federal Highway Administration procedures. 4. A driver shall provide at least 45 ml of urine for testing. A driver who fails to provide at least this amount shall be subject to the provisions of paragraph (r) below. 5. The collection site person shall divide the specimen into two containers. One container shall contain at least 30 ml of urine and shall be the primary specimen. The other container shall contain at least 15 ml of urine and shall be the split specimen. 6. Both containers shall be shipped to the laboratory in a single shipping container, together with copies 1 and 2 and the split specimen copy of the chain of custody form. 7. The laboratory shall log in the split specimen with the split specimen seal remaining intact. The laboratory shall store the split specimen securely in accordance with approved procedures. 8. The primary specimen shall undergo a screening test for the presence of drugs. If the screening test detects the presence of a drug, the primary specimen shall undergo a confirmation test to verify the positive test result. 9. If the result of the test of the primary specimen is negative, the laboratory may discard the split specimen. 5D-19 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 20 10. The MRO shall review all primary specimen results. If the result of the test of the primary specimen s confirmed positive for the presence of drugs, the MRO shall notify the driver that the driver has 72 hours in which to request a test of the split specimen. If the result of the test of the primary specimen is negative, the MRO is authorized to direct a driver to undergo a retest for the presence of drugs if, upon review of the original test results, the MRO has reason to believe the primary specimen has been adulterated. 11. If the primary specimen tests confirmed positive for the presence of drug, the driver may request, in writing, that the MRO direct that the split specimen be tested in a different DHHS-certified laboratory for presence of the drug or drug metabolites for which a positive test result was obtained in the test of the primary specimen. The MZO shall honor such request if it is made within 72 hours of the driver having been notified of a verified positive test result. The driver shall be responsible for any and all costs associated with having the split specimen tested. 12. If the driver has not contacted the MRO within 72 hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the driver's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the primary specimen or analysis of the split specimen, as applicable, be performed. The driver may not request a reanalysis of the primary specimen. 13. If the result of the test of the primary specimen is positive, the laboratory shall retain the split specimen in frozen storage for 60 days from the date on which the laboratory acquires it. Following the end of the 60-day period, if not informed by the MRO that the driver has requested a test of the split specimen, the laboratory may discard the split specimen. 14. If the MRO directs the first laboratory in writing to forward the split specimen to a second DHHS-certified laboratory, the second laboratory shall analyze the split specimen by GC/MS to reconfirm the presence of the drugs or drug metabolites found in the primary specimen. Such GC/MS confirmation shall be conducted without regard to the cutoff levels established by DHHS. The laboratory conducting the analysis of the split specimen shall retain the sample in long-term storage for one year, or longer if litigation concerning the test is pending. 15. The result of the test of the split specimen shall be transmitted by the second laboratory to the MRO. 5D-20 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 21 16. If the analysis of the split specimen fails to reconfirm the presence of the drug or drug metabolites found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or un-testable, the MRO shall cancel the test and report the cancellation and the reasons for such to the CDR, the driver, and to the U.S. Department of Transportation. 17. A driver whose primary specimen tests confirmed positive for the presence of drug and who requests, in accordance with paragraph (k) above, that the split specimen be tested, shall not be permitted to return to work pending the outcome of such test but shall be suspended without pay and subject to further disciplinary action. If the test of the split specimen does not reconfirm the presence of the drug or drug metabolites found in the primary ; Iecimen, the driver shall be paid his wages for all regularly-scheduled shifts the driver would have worked had the suspension not occurred, and shall be reimbursed for the costs associated with having the split specimen tested. 18. If the driver is unable to provide the required 45 ml of urine, the driver shall be instructed to drink not more than 24 ounces of fluids, and, after a period of up to two hours, again attempt to provide a complete sample using a fresh collection container. The original insufficient specimen shall be discarded. 19. If the driver is still unable to provide an adequate specimen, the insufficient specimen shall be discarded, testing discontinued, and the laboratory shall notify the City of the driver's inability to provide an adequate sample. 20. The MRO will then refer the driver for a medical evaluation to develop pertinent information concerning whether the driver's inability to provide an adequate specimen is genuine or constitutes a refusal to test. Upon completion of the examination, the MRO shall report his or her conclusions to the City in writing. 21. If the MRO determines that the driver's inability to provide an adequate sample is not genuine, the driver shall be deemed to have refused to test and shall be deemed to have tested positive for drugs. 9.0 Confidentiality Records of drug and alcohol testing of drivers are subject to the following: 1. All records required to be maintained by 49 C.F.R. §382.401, et seq. shall be maintained in a secure location with controlled access. 5D-21 Drug and Alcohol Testing for Employees Driving Commercial Vehicles Effective Date: August 1, 2000 Page 22 2. Except as required or permitted b; law or expressly authorized or required by 49 C.F.R. §382.405, the City shall not release information that is contained in drug and alcohol testing records. 3. Upon receipt of a written request from a driver, the City shall make records available to a subsequent employer. 4. Upon written request, a driver is entitled to copies of any records pertaining to the driver's use of drugs or alcohol, including any records pertaining to the testing conducted pursuant to this policy. 5. All results of alcohol and drug t, sting conducted pursuant to this policy shall be made available, upon request, to the Secretary of Transportation. 6. The City may disclose information pertaining to the drug or alcohol testing of a driver to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the driver, and including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the driver and arising from the results of an alcohol or drug test. 10.0 Referral, Evaluation, and Treatment Each driver who has a positive drug test or a blood alcohol concentration test level of 0.04 or greater, shall be referred to a substance abuse professional. The substance abuse professional shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol or drug use. A substance abuse professional would ordinarily be available through the driver's health care provider. A listing of substance abuse professionals must be provided in training or posted in work sites. Drivers who do not know what substance abuse services are provided under their health care plan or who do not have a health care plan are encouraged to contact the Human Resources Department Staff. 5D-22 r- • City of Southlake, Texas 1 MEMORANDUM July 21, 2000 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, ext. 716 SUBJECT: Tarrant County Tax Collection Contract Action Requested: Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. Background Information: Since 1982, the Tarrant County Tax Assessor/Collector has collected property taxes for the City of Southlake. The renewal contract has been presented to the Ci;r for collection of be 2000 taxes for the fiscal year beginning October ;1, 2000. Tarrant County charges $.40 per financial transaction, defined as a payment or refund on an account. This is the same per transaction fee as the previous year, and is a very reasonable charge for the service provided. Southlake would spend far in excess of the $5,000 budgeted for this service in personnel costs alone if we collected our own taxes. The working relationship with the Tarrant County tax office has been excellent, and they are responsive to our requests for information. The contract provides for disbursements to be made to the City when daily collections exceed $100, oar at the close of the month. Also included in the contract is a listing of the reports provided to the City. The contract provides that the County may invest the collected tax funds in a manner that complies with the Public Funds Investment Act. There are provisions that allow the City to perform an audit of the County's collection process if we choose to do so. Financial Considerations: If the contract is not approved the City would have to make provisions to collect taxes for ourselves. This would cost significantly more than the cost for Tarrant County to collect the City's taxes. Citizen Input/ Board Review: There is no requirement for citizen or board review of the contract with Tarrant County for tax collection. Legal Review: The contract has been reviewed by the City Attorney. Alternatives: The City could assess and collect taxes for ourselves at a significantly higher cost than what is proposed by Tarrant County. - Billy Campbell, City Manager Tarrant County Contract July 21, 2000 Page 2 Supporting Documents: Contract for Tax Collection with Tarrant County Staff Recommendation: Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. STATE OF TEXAS § § Agreement For The Collection Of Taxes COUNTY OF TARRANT § Agreement made this day of , 2000, by and between the Tarrant County Tax Assessor-Collector, hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY,both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Southlake, hereinafter referred to as CITY,whose address is 1725 E Southlake Blvd,Southlake,TX 76092. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the CITY. NOW THEREFORE,in consideration of the mutual promises herein contained,the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR a -ees to collect the taxes due and owing on taxal,.e property upon which the CITY has imposed said taxes. The ASSESS DR/COLLECTOR shall PERFORM THE SAID SERVICES IN THE SAME MANNER AND FASHION AS TARRANT COUNTY COLLECTS ITS OWN TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to: receiving information from the Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto;providing mortgage companies, property owners and tax representatives,tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and rapid deposit payment processing. All CITY disbursements, made by check or by electronic transfer (wire), for collected tax accounts will be made to the CITY on the day the COUNTY Depository Bank indicates the mandatory assigned"float"period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement will be withheld until the cumulative total of taxes collected for the CITY equals one hundred dollars($100.00),or at the close of the month. II. REPORTS The ASSESSOR/COLLECTOR will provide the CITY the following reports,if requested: Daily: General Ledger Distribution Report • Weekly: Detail Collection Report(Summary) Monthly: Tax Roll Summary(Totals Only) Month End Report Detail Collection Report(Summary) General Ledger Revenue&Expense Report Agriculture Rollback Collection Report Delinquent Tax Attorney Tape(Exhibit A) Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll The ASSESSOR/COLLECTOR will provide additional reports as follows: Other requested reports that require programming: $25.00 per hour Other reports requiring computer run-time: $350.00 per hour Page 1 of 4 SE -3 IIL COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of forty cents ($.40) per financial transaction. A financial transaction occurs when a CITY account is credited with a payment or debited for a refund. IV AUDITS The ASSESSOR/COLLECTOR will provide to the CITY auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the CITY auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. If the CITY elects to have its auditors conduct a "computer system assurance review audit" requiring assistance from ASSESSOR/COLLECTOR system's programmers and accountants, the fee is $660.00 per day,which will be deducted from the CITY's current collections at the end of the month. V. TAX RATE REQUIREMENT The CITY will provide the ASSESSOR/COLLECTOR, in writ:.g,their newly adopted tax rate ar stucault; it)bc applied for assessing purposes no later than 2:00 p.m.,Thursda• September 14,2000. Under authority of Section 31.01 (h)of the Property Tax Code,any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the CITY. If the CITY wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund,then the notice advising of the new tax rate must set out the separate rates,as well as the total rate. The tax rate and the exemption schedule for each of the last five(5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VL COMPLIANCE WITH APPLICABLE STATUTES,ORDINANCES,AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes,fmal Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control,the ASSESSOR/COLLECTOR shall immediately notify the CITY of that fact and the reasons therefor. VII. DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the CITY shall be promptly transferred to the account of the CITY at their depository bank. Electronically transferred funds incur an additional fee, which will be charged back to the CITY and deducted from those collected funds. If the CITY desires its tax disbursements to be made by electronic transfer of funds(wire)the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the electronic transfer of the CITY's funds from the COUNTY Depository to the CITY's designated depository. Page 2 of 4 VIIL INVESTMENT OF FUNDS The CITY hereby agrees that the COUNTY,acting through the COUNTY Auditor,may invest collected ad valorem tax funds of the CITY during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the CITY all interest or other earnings attributable to taxes owed to the CITY,ASSESSOR/COLLECTOR agrees to deliver to the COUNTY Auditor all ad valorem taxes collected on behalf of the CITY for investment on a timely basis. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the CITY. LAG REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the CITY of changes in the tax roll which were mandated by the Tarrant Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five(5)years are provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit"B". All refunds of ovcrpayr.....ts or eliwieous payments due, but not requested, and as describc.I in Section 31.1 -of the Texas 'Property Tax Code, will after three years from the date of payment,be proportionately dish; .sed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the CTTY's jurisdiction. The proportional share is based upon the CTTY's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. x DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the fifteen percent (15%) collection fee pursuant to Sections 33.07, 33.08 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will disburse the amount directly to the CITY for compensation to a Firm under contract to the CITY. If the delinquent collection Attorney contracted by the CITY requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the CITY and will be added to the collection expenses and charged to the CITY. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided *3 the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit"B". XL TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out,and shall continue in effect during the 2000 tax year, unless sooner terminated by providing sixty(60)day written notice,as outlined in paragraph XL XIL NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail,registered or certified,postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement,but each party may change this address by written notice in accordance with this paragraph. Page 3 of 4 S£ -- G." XIIL MISCELLANEOUS PROVISIONS This instrument and Exhibits"A"and"B"hereto contain the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of'he State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County,Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid,illegal,or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed or,the day and year first above written,Tarrant County,Texas. BY: JUNE GARRISON DATE TAX ASSESSOR/COLLECTOR TARRANT COUNTY FOR THE CITY OF SOUTHLAKE: BY: DATE TITLE: FOR TARRANT COUNTY: BY: TOM VANDERGRIFF DATE TARRANT COUNTY JUDGE APPROVED AS TO FORM AND CONTENT BY: DISTRICT ATTORNEY'S OFFICE DATE Page 4 of 4 55 - C� • City of Southlake, Texas • MEMORANDUM July 28, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Assistant City Engineer, extension 846 SUBJECT: Award of bid to Gra-Tex Utilities, Inc. for the construction of sanitary sewer improvements along North Carroll Avenue Action Requested: Staff seeks Council award the bid Gra-Tex Utilities, Inc. for the construction of sanitary sewer improvements along North Carroll Avenue in the amount of$97,200. Background Information: The construction of these sanitary sewer improvements includes converting an abandoned force main into a gravity sewer line (see attached project map). The force main was installed in 1991 to provide sanitary sewer service to the Carroll Middle School (at the time, the school was Carroll High School). The force main was abandoned following the • construction of the force mains along Dove Street. Now that the force main is abandoned, the sewer line can be converted into a gravity line that will provide sanitary sewer service to the residences along N. Carroll. There was only one bidder for this project. The City presumes that the reason there was only one bidder was due to the small scope of the project and/or that the utility contractors are busy constructing other jobs. The bidder was Gra-Tex Utilities, Inc. of Whitesboro, TX in the amount of $97,200 (see attached bid tabulation). Gra-Tex Utilities, Inc. has satisfactorily constructed two other projects for the City. The contractor will have 45 calendar days to complete the project. This project was originally going to be included as part of the Dove Creek lift station abandonment project, which is also on the August 1, 2000 agenda for award of bid (see item 5G). However due to timing issues of both projects, staff decided to separate the projects so that both could be constructed concurrently. This project must be completed by the fall in order to provide sewer service to the Carroll Meadows subdivision, which was recently approved by the City Council. The subdivision is currently being constructed and the developer intends on applying for certificate of occupancies for the homes in the fall. • 5F-1 City of Southlake, Texas Financial Considerations: The funding of this project initially was included as part of the Dove Street pressure system project. The Dove Street pressure system project consisted of several sewer lines to be constructed, including this project. The individual sewer lines that make up the Dove Street pressure system were bid-out and constructed separately due to timing and right-of-way issues. The CIP budget allocated $4,702,500 for the construction of the Dove Street pressure system projects. As of date, the total cost of the Dove Street pressure system projects previously bid amounts to $4,814,349. The cost overrun has been funded using funds that existed from projects constructed under budget. The costs exceeded the estimated amount for several reasons. First, the economy of scale increased because the projects were constructed separately. Second, there were changes to the projects resulting from negotiations with the homeowners for easements. Some of these changes were additional installation of the sewer lines by boring, additional grass sodding, and alignment revisions of the sewer line. And last, the cost to purchase several of the easements was not included in the original estimate. Since the total cost of the Dove Creek pressure system projects already • exceeds the budgeted amount, staff recommends using funds for two projects not yet constructed in order to construct this project (as well as the Dove Creek lift station abandonment project). One project is a 12-inch water line along Dove Street from White's Chapel to Carroll. The FY99- 00 CIP budget appropriated $277,200 to construct this water line. The water line project is substantially designed however there are numerous easements that will have to be acquired to build the water line. Staff estimates that it will take several months to acquire the easements. Therefore, it will not be constructed until the FY00-01. The other project is a 12-inch water line along Continental Blvd. and S. Kimball. The FY98-99 CIP budget appropriated $416,500 for the construction of this project. Staff has been acquiring easements for this project for the last year. There are three easements left to acquire. Furthermore, the construction of this water line along S. Kimball has been delayed until the design of the S. Kimball reconstruction is complete. Until the plans for the S. Kimball reconstruction are substantially designed, the depth of the water line cannot be determined. This project will also not commence until the FY00-01. If you combine these two projects, there is $693,700 available to construct the N. Carroll sanitary sewer improvements as well as to construct the proposed 18-inch gravity sewer line and abandon the Dove Creek lift • station (separate project on the August 1, 2000 agenda for award of bid). 5F-2 City of Southlake, Texas • The FY00-01 will budget for the 12-inch water line along Dove and for the 12-inch water line along Continental and S. Kimball. The estimated cost to construct this project and the abandonment of the Dove Creek lift station along N. Carroll was $600,000. The total cost of this project is $97,200 and the low bid of the other sewer line along N. Carroll was $365,420 (see item 5G). The total of both projects is $462,620, which is below the estimated $600,000. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Due to the timing issue of providing sewer to the Carroll Meadows subdivision, staff recommends proceeding with the construction of this project using existing funds for the projects not yet constructed. Supporting Documents: Project Map Bid tabulation S Staff Recommendation: Staff recommends that the City Council award the bid to Gra-Tex Utilities, Inc. for the construction of sanitary sewer improvements along N. Carroll Ave. in the amount of$97,200. Please place this item on the August 1, 2000 Regular City Council Agenda for review and consideration. ec_cAZ SEP/sep • 5F-3 V N. CARROLL SANITARY SEWER IMPROVEMENTS Ill PROJECT MAP 1 / II I / I 1TAYLOR STI I Abandoned e_c Existing Dove Lift Station ;1"�P� Street Force Main CARR p.L J MIDDL 0M 1 1\1\1 SCHOOL , , u . �I EMERN-D 'r ESTATES - , Existing Gravity r; Sewer Line k.\\G'� y Existing N-3 41111( Lift Station p-sr Carroll Meadows Subdivision Proposed Sewer _ 1 Improvements v PRIMROSE LV(PVT) „, ... 7„. / 4 - Existing Gravity Sewer Line 1 Existing Dove / I \, Creek Lift Station III -, P LNG , .., 5F-4 O 0 0 SANITARY SEWER IMPROVEMENTS JOB NO. 001-464 CHEATHAM & ASSOCIATES BID TABULATION SHEET 1 OF 1 OWNER: CITY OF SOUTHLAKE Gra-Tex Utilities,Inc. (Bidder Name) (Bidder Name) 529 County Line Rd. (Street Address) (Street Address) JOB TITLE: SANITARY SEWER IMPROVEMENTS Whitesboro, TX 76273 (City, State,Zipcode) (City, State, Zipcode) ALONG N.CARROLL AVENUE PHONE: 903/564-6776 PHONE: PHONE: PROJ. MGR: ROBERT ROWLEY FAX: 903/564-6917 FAX: FAX: AMT. BID: $97,200.00 AMT. BID: $0.00 AMT. BID: $0 00 BID DATE: July 13,2000 JOB NO. 001-464 ITEM PLAN UNIT UNIT UNIT NO. ITEM DESCRIPTION UNIT QTY. PRICE COST PRICE COST PRICE COST 1 8"SS PIPE(SDR-35)IN 0'-10'TRENCH DEPTH L.F. 294 54.00 $15,876.00 2 CONST.8"BORED CROSSINGS L.F. 108 153.00 $16,524.00 3 CONST.8"BORED CROSSINGS W/20"STEEL CASING L.F. 130 200.00 $26,000.00 4 4' DIA.SS MANHOLES EA. 1 1500.00 $1,500.00 5 EXTRA DEPTH OF STD.4'SEWER MANHOLES V.F. 3 150.00 $450.00 Cii 6 STD.4'SS MANHOLE PER TNRCC REQ. EA. . 4 3000.00 $12,000.00 71 7 REMOVE& REPL. HMAC PVMNT. L.F. 320 35.00 $11,200.00 8 FURNISH&INST. PROJECT SIGN EA. 2 200.00 $400.00 I 9 CORE EXIST. MANHOLE EA. 1 750.00 $750.00 CP 10 TRENCH SAFETY L.F. 500 3.00 $1,500.00 11 EROSION CONTROL SYSTEM L.S. 1 1000.00 $1,000.00 12 PRE-BID ALLOWANCE NTE 1 10000.00 $10,000.00 TOTAL BASE BID AMOUNT $97,200.00 (ITEM NOS. 1 -12) ♦ City of Southlake, Texas MEMORANDUM • July 28, 2000 TO Billy Campbell, City Manager FROM: Shawn Poe, Assistant City Engineer, extension 846 SUBJECT. Award of bid to Saber Development Corporation for the construction of sanitary sewer improvements along North Carroll Avenue for the abandonment of the Dove Creek lift station Action Requested: Staff seeks Council award the bid to Saber Development Corporation for the construction of sanitary sewer improvements along N. Carroll Ave. for the abandonment of the Dove Creek lift station in the amount of$365,420. Background Information: The City has an agreement with the Trinity River Authority (TRA) to eliminate by November 2000 the diversion of sanitary sewer from the north drainage basin to the south drainage basin. This project is the last one required fulfilling the City's obligation to eliminate the diversion of sanitary sewer. Construction of this project is anticipated to be complete • by the end of November 2000. This project involves constructing an 18-inch sanitary sewer line along N. Carroll Ave. from the Dove Creek lift station to the existing N-3 sanitary sewer line (see attached project map). Once the 18-inch sewer line is placed in service, the Dove Creek lift station will be abandoned. Two easements were obtained from two individual property owners. There is a separate sewer project that is indirectly associated with this project. The separate project is for the construction of sanitary sewer improvements along N. Carroll. The improvements are farther north of this project and involve converting an existing abandoned force main into a gravity line. The two projects were originally combined as one but were bid out separately due to timing constraints of both projects. The Council will consider awarding the bid for the separate sewer project as well on the August 1, 2000 City Council agenda(item 5F). There were three contractors that bid this project. The low bidder was Saber Development Corporation of Dallas, TX in the amount of$365,420 (see attached bid tabulation). Saber Development Corporation has satisfactorily constructed several other projects for the City. The contractor will have 90 calendar days to complete the project. OFcmancial onsiderations: The funding of this project initially was included as part of the Dove Street pressure system project. The Dove Street pressure system project 5G-1 City of Southiake, Texas consisted of several sewer lines to be constructed, including this project. • The individual sewer lines that make up the Dove Street pressure system were bid-out and constructed separately due to timing and right-of-way issues. As mentioned in the memo for item 5F, the CIP budget allocated S4,702,500 for the construction of the Dove Street pressure system projects. As of date, the total cost of the Dove Street pressure system projects previously bid amounts to $4,814,349. The cost overrun has been funded using funds that existed from projects constructed under budget. The costs exceeded the estimated amount for several reasons. First, the economy of scale increased because the projects were constructed separately. Second, there were changes to the projects resulting from negotiations with the homeowners for easements. Some of these changes were additional installation of the sewer lines by boring, additional grass sodding, and alignment revisions of the sewer line. And last, the cost to purchase several of the easements was not included in the original estimate. Since the total cost of the Dove Street pressure system projects already exceeds the budgeted amount, staff recommends using funds for two projects not yet constructed in order to construct this project (along with the sewer improvements along N. Carroll project). One project is a 12- • inch water line along Dove Street from White's Chapel to Carroll. The FY99-00 CIP budget appropriated $277,200 to construct this water line. The water line project is substantially designed however there are numerous easements that will have to be acquired to build the water line. Staff estimates that it will take several months to acquire the easements. Therefore, it will not be constructed until the FY00-01. The other project is a 12-inch water line along Continental Blvd. and S. Kimball. The FY98-99 CIP budget appropriated $416,500 for the construction of this project. Staff has been acquiring easements for this project for the last year. There are three easements left to acquire. Furthermore, the construction of this water line along S. Kimball has been delayed until the design of the S. Kimball reconstruction is complete. Until the plans for the S. Kimball reconstruction are substantially designed, the depth of the water line cannot be determined. This project will also not commence until the FY00-01. If you combine these two water line projects, there is $693,700 available to construct the proposed 18-inch gravity sewer line and abandon the Dove Creek lift station as well as to construct the N. Carroll sanitary sewer improvements (separate project on the August 1, 2000 agenda for award of bid). The FY00-01 will budget for the 12-inch water line along Dove and for the 12-inch water line along Continental and S. Kimball. • The estimated cost to construct this project and the sewer improvements along N. Carroll was $600,000. The total cost of this project is $365,420 5G-2 City of Southlake, Texas and the low bid of the other sewer line project along N. Carroll was • $97,200 (see item 5F). The total of both projects is $462,620, which is below the estimated $600,000. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Due to the timing constraints set forth in the TRA Diversionary Agreement, staff recommends proceeding with the construction of this project using existing funds for projects not yet constructed. Supporting Documents: Project Map Bid tabulation Staff Recommendation: Staff recommends that the City Council award the bid to Saber Development Corporation for the construction of sanitary sewer improvements along N. Carroll Ave. for the abandonment of the Dove Creek lift station in the amount of$365,420. Please place this item on the August 1, 2000 Regular City Council Agenda for review and S&—• consideration. SEP/sep • 5G-3 v DOVE CREEK LIFT STATION ABANDONMENT • PROJECT MAP ST I 1 � �� T I i i i • �� a:'1� II SE LV(PVT) I I ( ! °is , PROPOSED 18-INCH ! SANITARY SEWER LINE EXISTING N-3 SEWER LINE ---- i .,NG 4.. I" ____ „, EXISTING DOVE CREEK LIFT STATION _ -c P-�E,S Q PECPS cc 4i o14 - f U JACK D. JOHNSON _ ELEMENTARY :kS SCHOOL N\G• z W PPR - ES 0- Z • 0 0) J • _ 11 2 ..' II lr > 0°, i FAST HIGHLAND ST i 5G-4 t • • • ABANDONMENT OF LIFT STATION JOB NO. 001-438 CHEATHAM & ASSOCIATES BID TABULATION SHEET 1 OF 1 OWNER: CITY OF SOUTHLAKE Saber Development Mid-State Utilities M-CO Construction, Inc. P.O. Box 540186 P.O.Box 1160 6816 Harmonson Rd. JOB TITLE: ABANDONMENT OF LIFT STATION @ DOVE CREEK Dallas, TX 75354 Waco, TX 76703 N.Richland Hills, TX 76180 PHONE: 972/438-3405 PHONE: 254/863-5644 PHONE: 817/589-7601 PROJ.MGR: ROBERT ROWLEY FAX: 972/438-2849 FAX: 254/863-5698 FAX: 817/589-9155 AMT. BID: $365,420.00 AMT.BID: $391,436.00 AMT. BID: $494,345.00 BID DATE: July 13,2000 JOB NO. 001-438 ITEM PLAN UNIT UNIT UNIT NO. ITEM DESCRIPTION UNIT QTY. PRICE COST PRICE COST PRICE COST 1 18"PVC(SDR-26)SS PIPE IN TRENCH 0'-10' L.F. 36 50.00 $1,800.00 90.00 $3,240.00 87.00 $3,132.00 2 18"PVC(SDR-26)SS PIPE IN TRENCH 10'-12' L.F. 162 65.00 $10,530.00 95.00 $15,390.00 94.00 $15,228.00 3 18"PVC(SDR-26)SS PIPE IN TRENCH 12'-14' L.F. 229' 85.00 $19,465.00 105.00 $24,045.00 106.00 $24,274.00 4 18"PVC(SDR-26)SS PIPE IN TRENCH 14'-16' L.F. 357 90.00 $32,130.00 113.00 $40,341.00 122.00 $43,554.00 5 18"PVC(SDR-26)SS PIPE IN TRENCH 16'-18' L.F. 284 105.00 $29,820.00 120.00 $34,080.00 148.00 $42,032.00 6 18"PVC(SDR-26)SS PIPE IN TRENCH 18'-20' L.F. 305 120.00 $36,600.00 131.00 $39,955.00 184.00 $56,120.00 7 18"PVC(SDR-26)SS PIPE IN 30'WELD CASING L.F. 487 265.00 $129,055.00 240.00 $116,880.00 324.00 $157,788.00 8 STAND.4'DIA.MANHOLE EA. 6 1950.00 $11,700.00 1525.00 $9,150.00 2470.00 $14,820.00 9 DROP MANHOLE 4' DIA. EA. 1 2500.00 $2,500.00 1825.00 $1,825.00 3525.00 $3,525.00 0 10 CONST.X-DEPTH OF 4 DIA.MANHOLE V.F. 56 100.00 $5,600.00 90.00 $5,040.00 115.00 $6,440.00 ,I 11 6" PVC(SDR-26)SS PIPE IN TRENCH 6'-8'DEEP L.F. 10 39.00 $390.00 45.00 $450.00 32.00 $320.00 12 CORE EXIST.MANHOLE EA. ' 2 750.00 $1,500.00 1000.00 $2,000.00 1495.00 $2,990.00 13 ABANDON MANHOLES EA. 2 950.00 $1,900.00 500.00 $1,000.00 835.00 $1,670.00 14 ABANDON LIFT STATION L.S. 1 9500.00 $9,500.00 4000.00 $4,000.00 8280.00 $8,280.00 15 4"SEWER SERVICES EA. 4 375.00 $1,500.00 350.00 $1,400.00 820.00 $3,280.00 16 4" PVC(SDR-35)SS PIPE L.F. 100 38.00 $3,800.00 15.00 $1,500.00 31.00 $3,100.00 17 REPLACE CONC. DRIVEWAY EA. 3 750.00 $2,250.00 1200.00 $3,600.00 3240.00 $9,720.00 18 GRAVEL DRIVEWAY RESTORATION L.F. 20 10.00 $200.00 20.00 $400.00 27.00 $540.00 19 HMAC PAVEMENT REPLACEMENT L.F. 770 20.00 $15,400.00 63.00 $48,510.00 79.00 $60,830.00 20 EROSION CONTROL L.S. 1 2500.00 $2,500.00 1300.00 $1,300.00 2460.00 $2,460.00 21 CLEAN UP HALON TRACT AREA L.S. 1 10500.00 $10,500.00 1250.00 $1,250.00 3950.00 $3,950.00 22 CONST.TEMP FENCES L.S. 1 7500.00 $7,500.00 1000.00 $1,000.00 1360.00 $1,360.00 23 BLOCK SODDING L.F. 1,160 8.00 $9,280.00 13.00 $15,080.00 7.70 $8,932.00 24 PRE-BID ALLOWANCE L.S. 1 20000.00, $20,000.00 20000.00 $20,000.00 20000.00 $20,000.00 TOTAL BASE BID AMOUNT $365,420.00 $391,436.00 $494,345.00 (ITEMS 1 -24) zw ----=- 4 . _ City of Southlake L_.._.„4,i thIQke Department of Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-070 PROJECT: Block 2R, Southlake Town Square REQUEST: On behalf of Southlake Venture West, L.P., Cooper& Stebbins is requesting a plat revision of Block 2 ACTION NEEDED: Consider plat revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owners (F) Letters from Neighboring Property Owners (G) Blue Line Copies (for Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-070 5H BACKGROUND INFORMATION OWNER: Southlake Venture West, L.P. APPLICANT: Cooper& Stebbins PROPERTY SITUATION: This block is located on the east side of N. Carroll Avenue, north of Main Street and south of Prospect Street and the post office currently under construction. The purpose of this plat revision is to request abandonment of an easement. HISTORY: The following is a brief development history: • Zoning and concept plan approved January 1997 • Development plan and site plan and preliminary plat approved August 1997 • Final plat approved December 1997 • Revised site plan for this block was approved June 2000 LEGAL DESCRIPTION: Block 2, Southlake Town Square, Phase 1, involving 5.624 acres LAND USE CATEGORY: Mixed use CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development NOTICES: Six(6)notices were sent In Favor Opposed Undecided Attached letters Within 200 Notification Area 1 1 Outside 200 Notification area P&Z SPEAKERS: None P&Z ACTION: July 20, 2000;Approved(6-0)subject to Plat Review Summary No. 2, dated July 14, 2000. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated July 14,2000. There are no variances requested. N:\Community Development\WP-FILES\MEMO\2000cases\00-070PR.doc Case No. Agenda Item Attachment A ZA00-070 5H Page 1 VicinityMap Block 2R, Southlake Town Square _ ,_ .. . . T L____ ■ ipla �o9 Al • - uhF 1411 imUiiiillk fa II IWO c rwinvo will Y. ■■■177:. rYi7 ■.: ■41:7 la MUM •mid\ irmilkang l —.mu. a..1,..... U� ��rmor A_ : unium way it ��`.7m-si ,-.Now virosiwill/Pla m 11\ ilmer11111111M � ri �I■�� ums�y ,'w�■1♦'-a��hg pry■IMMItS Ala NIMPREFTt;min , ■ NEI .Pie_E Fir;"g" 111.11olb ti_1 /V JLüjI1 11161:111411 i El It ip 1' 11 Q . ._---T-,!,-I'm , is givol.pinintiujEK.,:... wk,..->s3uninnunia-,..,!-- ��+ ,i� to 1nlii�. itg0o ���4.'iu■■■..uu.mi I21041% Pri..191I • �• Nor dim 'tonne I muii��r r,,gF 4 •���TTIMI Ti.. 7A - rNIIETI ■►•nfsmitutstre4 E�bill// I1111/1■■I■� s1■ nism���` 1 triiiiirt4rip,i im 111■■■\�0�1♦ 1� 1,— EST ♦ ■ ou •■A::4s 411 orsm_ii . 'itsigintea,11 ls■■\J-. i- II'11 %� t ��0,�._-TN AM •�711�f1 . & ::'' aN-■�am �1 ■ ;mil �lhA�' �:7 \::111 �I�I������ mom!la �iF't j■�is dun► dun.imi r� t�I i„mug — 411:4 4 ;*1„wmpulmuldi■■ .Ai 2000 0 2000 Feet N A W / � E S Case No. Agenda Item Attachment B ZA00-070 5H Page 1 • N CA.tMtNI LINE DATA C1 rI S. �. •...M Milt or.[ „G.t[�.R.n urw NOLe[.f•,TIFIC.TII..G n.r. 31 La O ° GNYGrNL I Gn.r COMM'.FAWN. O [ • O l -� a `"`L¢w: rL.. it r«-r.•.. e. n..., y C I I rte;, �y rrya .»."� 'Y�`'":[".::"........ .......rr.e.,.,.......�..... ._ -a. I,G! 10.......R 1. uc,o�.nono*+.n `.,"`."..","'4...:: r.,":er,,,,...r... IN r , LCONON Noe.Aomori _. :: .,� F. ,u .!; NGrn enGG POW ALL w.Y TICSINI mrtl _ ALCM ▪ r .+,....�w: ".' .:�:..".,ui'.`:...• • [.+▪ s�f.. r..r+�r�.+`.''or.`r n•'�"'r..'��t' <>, 1 ,[ I ,, ,wrxL,ue TOWN au,a ••••r-.:••~ M tl �, CYO A. AL IR w �• w .w I. !i.a, .' AN .vre r.'n..wl�r�'.w*moo.Nokmod AN ram Ow Or • rTn▪...r. "'[[' AO Amid r[T.w1Nr+tr.Mwr ANNAKKA • .r T.r .r.L1 uw, .ro,oQGGRa�r ..+ M • so^.For �.w:..r N oo•t t'05•w L - PROSPECT STREET .T.wr.m • F1 BLOCS 3 h On L e1GR II ., EAST 537.U•.f ca. .zz ." ,our.wG rTa.N MINN .�Rfl.r,1......SCUM,ION MNe II n ::I 1 L Te: ae. A. eL,a[ ,eq ....T.C.T. " 1 1 III`- I I, �\ r.R ll T.G r. STAT%OF J 1 ,., , J 11 1 L aiw«�e.u.,.I.. ,c:o ,`� / i cif+::`..•""`+f.ru�:.r."..r..... uRv[Ya.svaterwtax Ji� .. .s....,r r i. $. s r..... No �+.rG.wrur.[..-..N�«.-rr..T...,.+...,... M le•e9'se• 11. I I L,..:.il.a::e1'S..r c r 1 i`''S-.1 rrr rr`r....[w......`..`.... r.:....+w.......wn..-.....n......,.......�. R-95o.00' h I I 1 1 11 :�"'S::'., w,.,.w, rww rr...+^:'�::°•°~.':.�::'.;:fie..... T•I23.57' \ ;1• 13.---J.L •uw ro.�.,.L .� Gw•unn[[TNANO MOSExG GRIM•••••• Oro ..w•rr�w.•.....nr V.M N 07•35'33•M I `�( --- I S R 1� ,N aria,.N.. CD IP • iLocc a 0-1:- .COMM Or TAIMYR Tln F•M ,r s tti M. :.� r ,`.�, :ra,N1 a�. i�.621 Iwea i li 'E0 M [[I .. WGIR�w�T[..r..... R•r.[rw.,a TCL IeaeA M [.[. 1 s,w.'. \] ,,,..4111 __ jlki[/ ..T.c.t.AN A.SINN'G` CIVIC PLACE r.r..err..w no ONO rwr..s K r "ems 1 (0B RO.RJ GMT IMP.Or NAMO uoaQGarn.rrb+ ComioNrommm AO INN AM N 15•oo•oo•ie .i G ' w •[ ;__-_II1g 133.28' is AI '!,� S7f [n�' . II ry "s rl G �.. .., ,...Gw..,.o rIn = LS TII l 1;-.n--1 .,. .rf. **II �'I I I4PJ Ir�tf �F1111 � 11 or nn • °'°' . 111 ja u.T.e r. ,a,RT.,L.s[rmI eGURE JI, ) 111 I I re'....w, TL.ce ,e n ' I` .I:[ / a_TII IIf 1 ur,ri,`iw"' GUL A. I , _VJ// I I I"It u`r c., ca^ 1 a�1T G .r au I I1 ..rR �'n ca a= 0..., 1 M ale MESTn .. .1 •" n w L d 1 n'n' . 505.IS' z / a' 1....._ .r..ou A. ATTU*. PoINT IEz F T.m p[/ �yy [�et•C.T 1 r,.s.rr, MAIN STREET I• f1Ll/U.�U�_ ,J 1 �1 \1' I I I • .. PLAT REVISION J I • 1 I I I i Illrl '--1 r-•-- BLOCK 2R ! 1 • � 1 ! !! • i �!!! I I / S O U T H L A K E TOWN SQUARE aam[n TOi etLOSlY1� �� CMIION OF 11.011 0 T aras c N , SLCQ, ,G,TGIp rar RouM AIM EON A i AAA OAK_ MI.A KIM damRR T.CT. •Gwe oaf Na N. a. nue A. PK 'g 1'•t0' CITY Of SOur. A.F Tew.NR[Ge1.Y, TFS.4 uu...,n. ...Pi 0.a..«G. I APPROVED!Y!NE PLANNING i SG,IW CawIS341G. G GYELaOER :[ ...R[... Iy'M1( 4"„s`,"".nwr„ COOPER AND STEBBINS. L.P. ..r.r.1w� •' 0.•+wr, ry mr - ... ee� nnre I [.. .n IS 0..1 RILED • Pat NOONAN ti. r w.. ...,r n..�r�r w�wm�. .wnnrr e.n..n. w_ .NgMEO BY T,[CITY COUNCIL Y[.[••,FWINEEN 14111 ~nR n [....,.r..nln r...r.r..L...r.n�n, .,,..�....�n. I.. '••'LI n lv f[deru„ OM ©�il•'�9R I f.25i'C '�.r' " mSLI,6 ei��s a n.WHs ' (� •n.,CASErr .: ZAOQ-Oro'`•<-ten cra C ._. (''' • PLAT REVIEW SUMMARY Case No.: ZA00-070 Review No.: Two Date of Review: 7/14/00 Project Name: Plat Revision - Block 2R, Southlake Town Square, Phase 1, being a revision of Block 2, Southlake Town Square, Phase 1, being 5.624 acres out of the Richard Eads Survey, Abstract No 481 APPLICANT: Surveyor: Cooper& Stebbins Graham Associates, Inc. 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 Attn: Brian Stebbins Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/07/00 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 - . 1. 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. * Denotes Informational Comment Case No. Agenda Item Attachment D ZA00-070 5H Page 1 . Surrounding Property Owners Block 2R, Southlake Town Square maw. MI no elinglidlEN 0uuI1LI 1I1II ioluflhIUl12 I ■ 1 ipallillitTaif Patilv MEEMM 8 A i..! _,_ S iiiiimill . _ 1 6 ti;: a \ \ I 1 ___3 J P St; Al I Mal \ 7 1 Pip 11!!!1U1M."""I'I Property Owners Zoning Land Use Description Acreage 1. The Fechtel Group 1. "NR-PUD" 1. Mixed Use 1. 2.66 acres 2. The Fechtel Group 2. "NR-PUD" 2. Mixed Use 2. 2.97 acres 3. The Fechtel Group 3. "NR-PUD" 3. Mixed Use 3. 5.20 acres 4. The Fechtel Group 4. "NR-PUD" 4. Mixed Use 4. 0.69 acres 5. The Fechtel Group 5. "NR-PUD" 5. Mixed Use 5. 0.81 acres 6. The Fechtel Group 6. "NR-PUD" 6. Mixed Use 6. 5.46 acres 7. The Fechtel Group 7. "NR-PUD" 7. Mixed Use 7. 0.26 acres 8. J. Strunck 8. "AG" 8. Medium Density Residential 8. 3.36 acres 9. Mendez Ltd. 9. "AG" 9. Medium Density Residential 9. 3.21 acres 10.B.Paulsen 10."SF-20A" 10. Medium Density Residential 10. 0.54 acres 11.M.Wright 11."SF-20A" 11.Medium Density Residential 11.0.47 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-070.doc Case No. Agenda Item Attachment E ZA00-070 5H Page 1 REFERENCE NO.: ZA 00-070 I am (in favel_uf) (oppesed-to) undecided about the request for the following reasons: Y�vas(iletts1-5 I C1 f.{te) TWiS NUTtGE /-2E IN S t< rii(.i Ly i of v k-Ti V -- 7p A-1-1 ) war tU OFIV2. tN112Ww'O GOWvykteviS• t S TUa Sim Alf_70 6"-- 1LIsit6 Dtf-R. VLSIW LS nvLcVidAleD. MA1W I DO Ma-Vt4042 SIGNATURE: Ik 5Tei1M/K - v (Please Print Name) ✓ U EQ5e fJ ST12UNJCK ADDRESS: 2.0 0 NI. ( O LL / CD J U L o 2000 PHONE: �81-> t-3681 ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** / S 4 ' STk L'PI.hNmibi 1 P1`h v T t-€ cavietwv1 SS1 �f.6T�Sl De2. `' Vt i��1�/ Y�L y . I Ca t 1t?la �� l°�� t ( C, 'fl I n.(f e bwfl 3L 1 o I r ii w I t VWAy w 1 T a$dO 1O P f?4 Pam' v v1SSO`i P2oL�SSES 13�e.�' 'ilk �'''t fJS1 "rviK� Case No. Agenda Item Attachment F ZA00-070 5H Page 1 . 1 41 City of Southlake ' •ultilake Department of Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-071 PROJECT: Block 3R, Southlake Town Square REQUEST: On behalf of Southlake Venture West, L.P., Cooper& Stebbins is requesting a plat revision of Block 3, Southlake Town Square ACTION NEEDED: Consider plat revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owners (F) Blue Line Copies (for Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-071 51 , I BACKGROUND INFORMATION OWNER: Southlake Venture West, L.P. APPLICANT: Cooper& Stebbins PROPERTY SITUATION: This block is located directly north of the City Hall and east of the post office both currently under construction. The block is bounded by Civic Place to the south, State Street to the west, Grand Avenue to the east and"future"Town Square development to the north. The purpose of this plat revision is to request abandonment of an easement and right-of-way for Reserve Street. The easement and right-of-way are being rededicated in a different alignment. The new alignment shown for Reserve Street is in compliance with the conditions of approval for revised preliminary plat which included the post office site (Block 10). It should be noted that no city infrastructure has been constructed within the Reserve street right-of-way proposed for abandonment. HISTORY: The following is a brief development history: • Zoning and concept plan approved January 1997 • Development plan and site plan and preliminary plat approved August 1997 • Final plat approved December 1997 • Revised site plan for this block was approved February 2000 LEGAL DESCRIPTION: Block 3 and Reserve Street, Southlake Town Square, Phase 1, and a portion of Tract 3, Richard Eads Survey, Abstract No. 481, involving 5.640 acres LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD" Non Residential Planned Unit Development NOTICES: Four(4) notices were sent In Favor Opposed Undecided Attached letters Within 200 Notification Area Outside 200 Notification area P&Z SPEAKERS: None P&Z ACTION: July 20, 2000; Approved(6-0) subject to Plat Review Summary No. 2, dated July 14, 2000. Case No. Agenda Item Attachment A ZA00-071 51 Page 1 f STAFF COMMENTS: Attached is Plat Review Summary No.2, dated July 14, 2000. There are no variances requested. Case No. Agenda Item Attachment A ZA00-071 5I Page 2 N:\Community Development\WP-FILES\MEMO\2000cases\00-071 PR.doc t Vicinity Map Block 3R, Southlake Town Square - _V 1 1 1 1 1 1 - I IF • . - — F G._:, \ I • 11, •■ ! ' D 11.4-r / _, I t a • ►.A-. _ 1 _, .''1N1' .' . p minim 1 %II/111)4/0pd - ,C dila r� as I ^ C V7,7011711 as �:r�!r�T: l r�aP�:Ian .... i n1 �tl�� �K GR� I LJG� w� ^1 L J� SJ F Olin Au -----r FR i1iit; ' s - IN 0 1- El NI --F- ,r____., Ityrsimpisiwk Them: *smillti _PRingt,It.,Inntellgiss in NEL a i___, —.1.2—.4..„„,., minniavm, „It, ,,,Trwriwzr . r iii, 11111 ra..,:„,. .0 ff lsi ! z a�. L RE. �uf.�y.ffgf �' II ,..., „,„„„, _ .,, ,1 7 e_ , ....,..� ♦111P:m...in. NWT EST . ara1ra�.:����/�� EM fry eft tel. -�.�11 - �� ���������y� -�\1111 :•11 v.;:2 dr AM 11 I��NINI �s-■fa AA �1 311�1111 Till l=1a o:1e 1 'iii,•'M"111111 I ssi mg Imirwit-ri� Ms�m v 11E 11 I I 1 I Vr ILA • 2000 0 2000 Feet N \ /- W / \ E S Case No. Agenda Item Attachment B ZA00-071 5I Page 1 Nn OAD 6.12'43'27' O .. R.260.50' CURVE DATA L.60.IS I I O T.30.10' i f Q T,,',°l I LC•59.97' N .r� �/ N 62.27'12'E 1c. 1 r or.:.i • �(_ \lingAIIK z i a ,r �� �... :). i I::^ ::a . n„ i , "'T ,I / / EASEMENT LINE DATA vx 11A.-N► !!! a / / . Is w a 64 / y• ' 3.1 w' e. .• n/\. n3L Atl,, q , :per 1 Oltlnitll M60 Y , ,'jM -\T; G%TGT. �iM os Co-f �Fi ,, 00.00. M'ao .. BLOCK 110.1TNLEICE TWO€4410 I s Ps F �. RRf.TII L P. G.' A.ION ACIW ,/6/A/�J,\b.• / , 1Y...,--. M� ax I I ' , CIO I / ;m�� r`3I is 1_ '."':....��/ / ox•f 96 Or �� ods I� AD PROSPECT STREET /�/ ' 10 06- 119.5, M•~r (US'RAW.) 6: �\\1 � ,...........1 ,...., /�,/ ��o us ro .e f.'n.���` `-0 �.�y�X ..* ''� a sos ao 4 14 DO \ .4 •,....GR.' t w\ — —J ___[..=i_ .�...$ aka u f,s.~Lea s �� T ., 001.111159112 TO.SW..i .011M1-412 SLIER TT WRAPS CAM A. I i( MEST 202.79' / POINT OF BEGINNING CIVIC PLACE (WI R.O.N.) • PLAT REVISION BLOCK 3R AREA SUMMARY ( r- I SOUTHL AKE TOWN SQUARE M.O.X.OEJICATIM 3.SAS S.F./0.1])AC. t L 0 C% I I S.M. M 1 0.0C%Y. 235.713 S.F./9.90]AC. I STATE I �� a TEM&WARE ) GRAND I �pj_ ^x R�sfo� s .[ TOTaL • 349.561 9 F./9.640 AC • GLA A. tLIDI AARR ry.f . r.•. �+..ors• STREET AVENUE ... .... 1. rN_ a.LT.c T. n ma .� ,,.waram:m.',.. Lr ••••1,1 n1i,,, 1 = I CITY OF SQITILARE SC.LE.1'.A0' TARAf1T COUNTY. TEXAS 0A1C 22 NI.MO DEVELOPER APPROVED SY THE PLANNINY.EMIN0 0@MI969IM COOPER ANO STEBBINS. L.P. .f rnN rams ....,,.,n-r.c.c . LTE.E..Ns[.sfrtT 1444,1 i .CABINET 4. OM 1 sourr1296• rr i0.Musx A.n ' .0 wxP 4xic.rs THIS MAT FILED r.,41414161.0. Mir f(�{� y�';F �* ....................u.•o,,,,,.o n ,7 u.., •..s ro.nr. 0o0.rE00Brsi«s�0.:i.-- .AA.... n M.714- i li ice• 0 7 IOC ^, ..... 1 . r 96,;M 51,EN0INEEP �j M+.•I r N.+......1•.•M.... +.,—"Ill,...,.�w.nw u...�. ••• ear.... APPROVED BY THE CITY COUNCIL Gral-n3m Ass iBtes.hc. .,M.�N. 4�s.��. WE OM COALT.G BA3.E$S 6 PUMES f. r r..�..rr r•Nnin....ea w._w r.u..N. C14r MAU. ®mmr1 M10.'CASE 1046 04176011 A00-0x,n 9,5-n» 21: et - CM 1,-..A n V PLAT REVIEW SUMMARY Case No.: ZA00-071 Review No.: Two Date of Review: 7/14/00 Project Name: Plat Revision-Block 3R, Southlake Town Square,Phase 1, being a revision of Block 3, and Reserve Street, Southlake Town Square Phase 1, being 5.640 acres out of the Richard Eads Survey, A-481 APPLICANT: Surveyor: Cooper& Stebbins Graham Associates, Inc. 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 Attn: Brian Stebbins Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/07/00 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 DENNIS KILLOUGH AT(817)481-5581,EXT. 787. 1. Correct the discrepancy between the distance in the 5th call from beginning in the written description and the graphic label. 2. Change "proposed" easements to "dedicated by this plat". 3. 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. * An additional fee of$20.00 is required for each additional plat sheet. * 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. * Denotes Informational Comment Case No. Agenda Item Attachment D ZA 00-071 5I Page 1 Surrounding Property Owners Block 3R, Southlake Town Square 1 i 1111H1 III . 6s L 11 .iiiidL� PROSPECT I 6 4 IIL5MAIM Ili Ed ilEAA z - I I - 1ff Property Owners Zoning Land Use Description Acreage 1. The Fechtel Group 1. "NR-PUD" 1. Mixed Use 1. 2.97 acres 2. The Fechtel Group 2. "NR-PUD" 2. Mixed Use 2. 30.79 acres 3. C.Peterka 3. "NR-PUD" 3. Mixed Use 3. 49.76 acres 4. Southlake Central Venture 4. "NR-PUD" 4. Mixed Use 4. 5.39 acres 5. Southlake Central Venture 5. "NR-PUD" 5. Mixed Use 5. 0.69 acres 6. Souhlake Venture West 6. "NR-PUD" 6. Mixed Use 6. 5.60 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-071.doc Case No. Agenda Item Attachment E ZA00-071 5I Page 1 v.: _zrz L.- City of Southlake Southlake Department of Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-072 PROJECT: Lots 1 & 2, Block 23, Southlake Town Square REQUEST: On behalf of Carol Jean Peterka, Cooper & Stebbins is requesting to revise the preliminary plat for Lot 1 & 2, Block 23, Southlake Town Square. ACTION NEEDED: Consider revised preliminary plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owners (F) Letters from Neighboring Property Owners (G) Blue Line copies (for Council Members Only) • STAFF CONTACT: Dennis Killough (Ext. g 787) • Case No. Agenda Item ZA00-072 5J BACKGROUND INFORMATION OWNER: Carol Jean Peterka APPLICANT: Cooper& Stebbins PROPERTY SITUATION: The property is located in the far southeast corner of the Town Square planned unit development, directly west of the Room Store retail site. The purpose of this request is to further subdivide Block 23 of the previously approved revised preliminary plat. HISTORY: The following is a brief development history: • Zoning and concept plan approved January 1997 • Preliminary plat approved August 1997 • Site plan and revised preliminary plat approved May 2000 LEGAL DESCRIPTION: A portion of Tract 2A situated in the Richard Eads Survey, Abstract No. 481, involving 3.518 acres LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD"Non-residential Planned Unit Development NOTICES: Nine (9) notices were sent In Favor Opposed Undecided Attached letters Within 200 Notification Area 1 1 2 Outside 200 Notification area P&Z SPEAKERS: None P&Z ACTION: July 20, 2000; Approved (6-0) subject to Plat Review Summary No. 2, dated July 14, 2000. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated July 14, 2000. There are no requested variances. N:\Community Development\WP-FILES\MEMO\2000cases\00-072PP.doc Case No. Agenda Item Attachment A ZA00-072 5J Page 1 Vicinity Map Lots 1 &2, Block 23 Southlake Town Square ---------,. HICi}MANr J J �7 JJ1II 61 I I ___1:__±,_t_y_F_Aally Orl_•S4 Its ....t. _ r'- --, ■■ IG; ■-• 'at- 111111111k4 j_i Irt-=MIS -116 Ili _ 1 L,-- surf 4 ii Wei :.� /►.�iii ins - ,F. MOIL \IliIII� �/ Itiitr .,,,A,41milord "hi WISI mi. Alpip maw ft 1aillm11 T 4'a IIIIFT —■ ■ •. . .. 1 it 1.. .�t kai 7411111110.1 ips T- Witigis .:.i... . . :.lilt all . -,..11 gni • ___ b!IIIIII _ 4�'7e , cnuIM!Ir i II11 \ I■Sinn• I o4gi1 9e A 11[�Tt -♦ 011 1111 Milli _"III • � 4P -: ,,.„„gp...,,,,,n4 _ •..„:,:., i A♦O it vivr •'nM11 ��rr ♦ . 1111 . ■ IN � IMO' 41 tit �i■t:ny,�►�d-Esrmor, r________I A,•: __ . ..�.y.- \I /� 1 i 1 I I I I q�' aCErl!13ui-T.1172 In w. ��■1� its -,r, ilr AM r■r�r:: a�i�m�i soma■us„mann ■ '0�1��Al:Pm► dune mot _�;;—rill Nnc � `y_ 1 IIIYYI mrAti. D — tna y■ S' r licoln... ► I 'Ai"' i��L mk..� - �r I T 5 D ii._ ♦1 • J..r..a��.2♦s1''''':h.11IN- .t .1.Ti':;l' I u/ 1111111 7 illYggir oo a 1.0g• _ K1MBA� 2000 0 2000 Feet N /_ W / \ E S Case No. Agenda Item Attachment B ZA00-072 5J Page 1 MIL N (') o = sl„L W,EY,. • u••,••C..... W.TMmOR..POW&UNI N,NEO raaE.n ( 41CYMERS 1 MAT...�...•.Is••two MYL.w•Trwx�W WNW MWty o 'In N - ,r .^^�-rl CAROL JEAN PE ifpc• v0..0516. PO 595. O.P.I.C.T. • (1TMYVtAANM! 1 •.•.r.rrrryrrrr.•rx IIEEEAE'AL<r=W I.ww w.r LEA.w w........r n. r•^•r^�•rw�rwuirrr.u-r.r.r•. �r .L� LWNIE•.BECIt r11.9799. PD.1213 D.A.r.C.l. -9 .rINV ir�w.r.�r•r..•P..I..«,.rw am.rw„I: N [-�1! •C.� LEA IE Y.xLIMGMaM VOL.9)99. a0. 1204.O.P.1.C.T. rwrti lnLur...y r•^•.4rr.1•rr•wp...ry ' ; K.•.M m000wO K•r••as&WA Is M•..•.w lW.I .r 1•-wrr ALL 010 ST xp011ES4E5 T M11.r•• ,:•• •W 1 n•v.ms.,prws,vr S1 r ( C/0 COOPED I STE90INS L.P 1256 MAIM'1 MITE 2. 0 .r '•°•"'r.••r...•r waV SOITMLAAE,TEXAS E092 10171 329-900 .. YolNlY or Y MITI 251 9717 E. �, aal w'1..l��sw Wy-r�rx W I •v,v,,w.n.ncrrwrr a woo`1w:...w.a r_.a�-rNV•1�rr�-• L I - u��..''/ .,S .� We r.i«•�.rr^^'...�.d.«••',io:io.x. «W.rrr ow.x�,�-�..rrrwMrr. r vicinity NED aLOC%55 p.24.29./1' A.24'29'41' Si u M.w WWII.W.T.M.•wnWa:w r...•.••KM.1,r• WPYA•rr—w.• ATt1RdE afYELOP�MT N.I00.ow 8.100.00' 'p , +.m.ew. Wvol n Aw r•Lv T.21.71' 1.21.71' i1was uusR ums:x••wrmv..x..W�a•w�,..Mr_r..e.w.n.� Mx.raw • I �,,,�. L.42.75' L.42.75' •'•' j 'i='Y'i'—•1 .Wuor.nlxl S LC.45'10'E S 77•45'10•E q Ka'..•....a.,Mnx.,".v: r...r..a.•...... LC•12.13' LC-12.13' :y mu/.ole...W.u.11I«iwwx. ..r..1.a..•-..�.,.,a..r EAST i. ea na.YLEtir.......nw ne.............r...r....• wMr,Wavwt uow.uurMn Pass rersrar. 11.68• sr.. . V s%[ `I W \a 1..¢.W." nwa E.:s~•I:Eam•im ...r•rx.1••n«• ..^ur w. `rnw.. I.a. EAST u 386.50' x MS rr\, }I�..i.2 -//_ �_ - ILIEN1 s sod woo........au„r..n.x..r.••r•• r..�.r..ow../o.n..tVw.wv.v wsm. .,........« .00•.• .. 253.50' �. 66.0U'M—JY 2' ^« _ � 1/ "IN• .•W Mrrw :7 ....2. ii u¢naE......o.«..x..v1 r....,r..•r.i'm..�"...r io r AO. .I.c... �b,,�I I • ,-"i'- 1 / f(I a~ v..d- :v.r-iL.r i.aiu*.os r....a..r.• r W. .1.<.r. :":",l—~IP.. I /—' I I �S 1 1l1 Lome w u.. 1•r•••• \ nxr=7.1.W e..*..r.�r....e.a•«r. TV a — TWa rR,r .11 MOM " w .N K « = x,na„LLn•Irr A.. .r ""• ` :�.�.R9;:NO.. r. Damosool CO V iL00K 71 i 82.268 S.F. / 1.889 AC. UMW 2' � COURIT a I I I MON ALLOW RV INIONLESEXIL v LOT 1 Is wu•so ►1 I' ( 50.1890 S.F. / 1.168 AC. 1 .- )f w=w..rr� ••.-m..ram. Wrr.owWu c.r , 1 Gr 1 71 r' I I i _i 'advv ..r0Wer U.�-..�Mw �alr.... no* W «a ow Mcr ww.wr: �� WEST 1 °! �nuac•a a**rr w.WZ Awr,.Irr.1wLIALW W Av.•..l..a.."E.r on. .A..••4rw 1~' 3W.13. 1 i �- I i 3 W maw.Ow...W via. .w•rw�...r rr.:..•�.Y r.e...r.«r.� .raErr•nr 4... 1 �`rr`M r Mw�IN 11r•t t (n 1a-71 xT•.. ^— +1 1 n r[ ,c,nora. .r•r •....�r.r—d-.,•r.r r� rrr'•r.r•a•.r 1 I 1rW NOIIIN -� ,,,,,,rEwl.M •r•..r r-•••w.OA .ur i••w•w.r.a.r.•Y Y1 .Ws.w.,•s.1 r I .�mow a•r .•r.•.Y_l •�.r is _ ==-vae:==s==_ - 98.81'\ _ —I I I MOSEYS r^r W.•^+rx r"+. .r r.�.•�.�•. by MIN. F.F. wrtyr UM ow,M�.r�.•sow r..w.uOmi*ma AIS �� x RW sE WP,rri•I•sEK.. I✓ ELE9. 619.25 " .-• • . _r r.r r -_YLL } =n .L. 2 'A"'�.1.r w•rrw Ws et u.alw••.•.al•••vm•r•r•••wear �•W LW NOW*. �" $r..rar-==sa J1_ ' IIodm I r.••rr•••r•�•.•«••..••••d.r kw —1. — 1 w.rw- x,r x 00. 3L1.84' ^.... rIMIrYI .� .. ...". 132.38' N 89.39'55'M I i-* e•YKu1 y�w `s tWou wr�� -Kr r r 5f 1.21. 1 ....w• .^rrr ...rx1r-.,..•Ir•r.�..«. aI..�ia POINT OF ,..T-w ow.r,rr r rrr s„y �,. r•r.rr...u•r iCBEGEMIING ror.rrrrw Tow l.. GIVEN ER WI ILVIO AN w WILE.*.*____End — =,ICAWTI.KY-2 — — — — — SOUTHLAKE BLVD. (F.M.-1709)— —1- ------ 6 1,•_a.•• _ TIO MIS.•wrlr0aI...•LA..•/WWW0IrArM•00rMK rrrr .._ ........._�.r._.,.........rr. - . I`rLLx.1w •.•T.c.,. r.. I •w.w..vcL1Kms. »' • W » w•••,•^ FINAL PLAT Ru.nW ATS Or 525 I a•1 c r i ....1C'. r.. Y,.x.LL L ..xr LOT 1 C LOT 2, BLOCK 23 . q SOU T H LAKE TOWN SQUARE w:= r.r...r .ar�r...rr...•1 r• i i 9 e,..OM N•..Cr 2I•IN .r`�.�.-r.A..=w. �1EvTT aPSIal .o. •11 So.m.NSW,..a K , +. -war - VOL Ew•EM Fa I• CAN A. •. K.M•u COMM RI,K avow ho word•.�•r•r rr,rr• r.8.T. r. • rcr .... C TI 07 401. 7(0 —_n— 9CNE:f'•p I COIWTY. ERAS ON. II or ONO ,AI•r NO WEI I 0 I r_Wm • DEVELOPER W..x..r.., •w..•r,x,T«ILYA „1, x„x�,*,r COOPER ANO STEBBINS. L.P. rV w•r .r..«..Wun.a — r..s^•. .wn• APPIp9EO ST IIE RAINING G i01116 C01•ISSSIa MIS K AT FILED swr. :Apr U L- O 7 /o) • nos RIR 1 • * W. .r • _• MS .. •• ru EMG.IA-E-EP-`- G. �• PmwnW asrwr.or rar q..r rrw.•rwMM•. �•• W_•r, r*r -M-` — two CLIO - ©Graham Ar,3BOC.'19t@5pho n •"^^,^ CM s.a.lwT w1c- Q}8LING B4 C RA%PS6 .0 .....•....uo...•r vow,.....w r M..... WI.L r' c1SS.,.I I1•I.. ( .r..r-I••dw. GIS 1•00w In iALAM. o ova 1 0K0 ow., WIN • 4 OaUSE rip er) QQ 1=et, •1 Ir1 A PLAT REVIEW SUMMARY Case No.: ZA00-072 Review No.: Two Date of Review: 07/14/00 Project Name: Revised Preliminary Plat-Lots l&2,Block 23, Southlake Town Square,being 3.518 acres out of the Richard Eads Survey, Abstract No 481 APPLICANT: Surveyor: Cooper& Stebbins Graham Associates, Inc. 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 Attn: Brian Stebbins Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/07/00 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 tll Ol/JYO l-JJO 1, L'A1. /O/. 1. Change title to "Revised Preliminary Plat...". 2. Easements must be provided in accordance with approved construction plans. 3. Provided adjacent off-site easement recording information prior to final plat filing. * It appears 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. Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * 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. Final Plat must be approved prior to approval of the Developer Agreement. * Denotes Informational Comment Case No. Agenda Item Attachment D ZA 00-072 5J Page 1 Surrounding Property Owners Block 23, Southlake Town Square Sly 994 1 \ iiii C==IC 1 2 3 MAIN I I__ 1 � it I El SOUTHLAKE II Lai_._\_.i WE"TM INF Property Owners Zoning Land Use Description Acreage 1. C. Peterka 1. "NR-PUD" 1. Mixed Use 1. 31.54 acres 2. C. Peterka 2. "NR-PUD" 2. Mixed Use 2. 8.00 acres 3. The Shamrock Pipeline Corp. 3. "C-3" 3. Retail Commercial 3. 1.00 acres 4. First Secruity Bank,NA 4. "C-3" 4. Retail Commercial 4. 4.69 acres 5. 98 HM Southlake,LP 5. "C-3" 5. Retail Commercial 5. 2.27 acres 6. G. Miron 6. "C-2" 6. Office Commercial 6. 0.51 acres 7. Z&E Land LLC 7. "C-2" 7. Office Commercial 7. 1.03 acres 8. P. Bruton 8. "SP-2" 8. Office Commercial 8. 1.00 acres 9. D.Ewan 9. "0-1" 9. Office Commercial 9. 1.52 acres 10.Texas Health Resources,Inc. 10. SP-2" 10.Office Commercial 10. 12.62 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-072.doc Case No. Agenda Item Attachment E ZA00-072 5J Page 1 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS t REFERENCE NO.: ZA 00-072 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Revised Preliminary Plat for Lots 1 & 2,Block 23, Southiake Town Square on property described as a portion of Tract 2A situated in the Richard Eads Survey, Abstract No. 481, being approximately 3.518 acres. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, July 20, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southiake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southiake, Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southiake, Texas, 76092. REFERENCE NO.: ZA 00-072 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: i / / 4J Je `��-tf ,:i ;�..,�%h.:t;jf S'`r.1�7 t` ,.;r✓ / �� •t�r�c'� Jy,��,'•�.�r'�+-'r9.�%t�r' %'`I�i.�C'F'.c�,r��t A a ,y, i) t:"Ae° . _ I %1 /,/ . < !/) / ,/LJ y, SIGNATURE: (Please Print Name) / v .}�' ��jr, �`i!�./'t: �'r4/% r) ADDRESS: P 'L . (?C x ( /? !' r;• +r 11,)( = '"1 PHONE: ;� (. TcJ 72 - - 4 /7 , ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** FM JUL i t)ti° Case No. Agenda Item Attachment F ZA00-072 5J Page 1 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-072 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Revised Preliminary Plat for Lots 1 & 2, Block 23, Southlake Town Square on property described as a portion of Tract 2A situated in the Richard Eads Survey, Abstract No. 481, being approximately 3.518 acres. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, July 20, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. REFERENCE NO.: ZA 00-072 I am (in favor of) {opposed to) (undecided about) the request for the following reasons: C c` fl(/c ` -c - /i • f:�f • C;\, YLC_ )1 'C"! e /3,41 (//f,c `Cl /4 , /,J ,` Gc//A 7 ytydge 4nri<jr/L) SIGNATURE: . . Ins. &-/C (Please Print Name) 1� C7cx4'V ADDRESS: G2-.7 17�/�L/L" /,1/ ./ /• j ZiVf /i/ /!/T C2 V S. PHONE: j73.. Zc4`6T' t 7 ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** FEcDJUL 172000 Case No. Agenda Item Attachment F ZA00-072 8J Page 2 r City of Southlake, Texas 111 MEMORANDUM July 26, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Authorize the Mayor to execute a developer's agreement for Southlake Boulevard Presbyterian Church Action Requested: Authorize the Mayor to execute a developer's agreement for Southlake Boulevard Presbyterian Church. Background Information: The site plan for Southlake Boulevard Presbyterian Church was approved on September 21, 1999. The construction of the church includes the installation of a public water line and appurtenances. This developer's agreement covers the construction of that public infrastructure. There are no other issues in this developer's agreement. Financial Considerations: None Citizen Input/ Board Review: On July 10, 2000, the Park Board recommended acceptance of credit for the construction of 425 linear feet of public trail as meeting the park dedication requirements for this development. Legal Review: This the City's standard commercial developer's agreement drafted by the City Attorney. Alternatives: Approve it, deny it or modify it. Supporting Documents: Agreement Plat Exhibit S 5K-1 Staff Recommendation: Please place on the August 1, 2000 City Council agenda for Council consideration and approvalaet.44_t_D Charlie J. Thoma-' City Engineer S • 5K-2 §ram y �' rt .. COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Southlake Boulevard Presbyterian Church, hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the • City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City Commercial Developer Agreement 5K-3 • acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: • 1. Developer agrees to paythe following: P g 9 a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; Se. Any charges for retesting as a result of failed tests; Commercial Developer Agreement 5K-4 • f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard): b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After • fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or • delayed. Commercial Developer Agreement 3 5K-5 • I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan. Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON-SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. • Commercial Developer Agreement 4 5K-6 • C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control • Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. • Commercial Developer Agreement 5 5K-7 • It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. • E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. • Commercial Developer Agreement 6 5K-8 • F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. • 4. Developer Agreement must be executed. Commercial Developer Agreement 7 5K-9 . 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A Pre-Construction Meeting to be held with all Contractors, major Sub-Contractors. Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING S OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER; ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. 1110 Commercial Developer Agreement 8 5K-10 • or other C. Approval by the Director of Public WorksCityemployee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own S expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the S commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. Commercial Developer Agreement 9 5K-11 • F. Workperformed under the Agreement shall be completed within o 9 P two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE SEWER C. OFF-SITE WATER D. PARK FEES The required land dedication for this development is 0.10 acres, I,,128 in fees in lieu of land dedication, The Parks and Recreation Board voted C to recommend :i acceptance of credit for the four hundred and twenty-five linear fro`: t25') of public trail as meeting the park dedication re w � .... a this development. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Southlake Boulevard Presbyterian Church By: • Title: Commercial Developer Agreement 10 5K-12 • Address: STATE OF COUNTY OF On , before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary . Date: Commercial Developer Agreement 11 5K-13 • REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding S10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. • 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. S Commercial Developer Agreement 12 5K-14 • City of Southlake, Texas MEMORANDUM • July 11, 2000 TO: Charlie Thomas, City Engineer FROM: Kevin Hugman, Director of Community Services SUBJECT: Recommended Park Dedication Requirements — Southridge Lakes, Lot 3, Block 6 (Southlake Presbyterian Church) At their July 10, 2000 meeting, the Parks and Recreation Board considered the park dedication requirements for credits and fees in lieu of park land dedication for Southridge Lakes, Lot 3, Block 1 (Southlake Presbyterian Church), a 5.16 acre non-residential development. The required land dedication for this development is 0.10 acres or$4,128 in fees in lieu of land dedication. Section 7.05 (A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The petitioner, Southlake Presbyterian Church, requested consideration of credits for four hundred and twenty-five linear feet (425') of public trail six feet (6') in width, at an • estimated value of $5,992.50. Applying the public value multiplier (1.2 additional credit) to the trail increases the allowable maximum credit for the trail to $7,191.00. The Parks and Recreation Board voted 6-0 to recommend acceptance of credit for the four hundred and twenty-five linear feet (425') of public trail as meeting the park dedication requirements for this development. Please contact me if you have further questions. Please note that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affects the fee criteria, if any. KH CC: Malcolm Jackson, Chief of Building Services Bruce Payne, Director of Planning i 5K-15 • 0 • . . • _ •�•+•� No. 19476P _..__.,,.. Grt11os1• mod,.. MI! DI 3" Lord l/.b r1 r.N.f. i "'��`i�51�:'P jy. . 5/i ha Pl.F.rd.i q "'gN� i ce �«Y.. �.3:;n r •% •• r. I� =t I I I l`1•i°"A+w _ice ..4.i a mad Hc.• sr"i+ �.l y a 1.y r r ..tar:A 11.11al•o~�,.Aa.. .aw.`'Tai`=a`ha F..•,i` 'l. \_ F- EsRe mad am../J Y am .d.prd+ .eL•v.•w IN,70 o..,n..1 Tani Cam,T� �i amok I • -1}-}I- ITS 0 VZ i Pln Fwd dLk a.i.�I.... �r'7 maw... �u c'f.w r " - La 75 ./�` B� «L.d•AREn sUtfE Its •,W.W.I r..� .i I:i i.,.i ,, ,,,.,rI,U_..;..t 4 h,hf bi b'A. \.. wnic.i-.ws~ I.. nr..a r..,. l.at 26 ule lire. - r-+r.,_• I �:....,.... Iqiiiill S I L01 23 n t. r..6r•Y.. d959Ir M•eT ti �6,�,,Mg, bQ I'. Let 24 �I Cr.6 .r..l�6 v4.L...vwu_.a fey to a �..dr�u.�r.+1.w "�••1"'Y • t'ht••• O I DI�E�1. /\ \ Derr .ha�iIJ.A_'VwV"a--C•I.••4. ccolti•I. 0J G♦ I /s \'. awn.a ��.li+...�J tlw lG^F.1 nl�o4�V19001 1G. ..n..ilrr fat li j,.�lM 6.. N i9'26 0 ate w ti Ira,..�I r�e�w�.Ali tb f�r..s.e f4=..��-r-1 �. L l \ \ i.,...a.nmy�«ram.. 1 _ /P.O.B ,pW ` La 72 / �"6 CaW i�.ir7>.f:ir,r lida��.+irla u.+....«'r far w TO'Dr.w A Ud Faa r9avf I =• . d /O\ 7�,a�i.sa n.dir�ai+.d°,wnfom I n�a.,tea+•c+lr -�'" {--. / , r P :\ 7S UE \ I/ } Car,lia 5..xw v.o.to,.,a, l 9ne c NI% ee \ r V f rl j 1 ...gr..w �L1 DNS IC'Ir • - - Est N e4'ReN E ' ♦i`and n..ma rye ,f`ore v7�a rti w....al•Caw, ul' SD.91 Lot 3 R. - / // Y naf rot a. .rd9.m1 r.� lal 6.r. ,p f \ -� attn..•a r. .data a"°.to to t•rth d•N t.7. .lg \ / ' ' I _._ yr o w .:•d'•I,.NC L.w t.t fat s � I L°td O , ' d P �� y F wµ.. te fr•Yr/.1L I..r.HE ha 0 50 Rf0 °N« y' / L«20 • 4 \ iof V r...� �••t yi.f�.i n rr: r ra jly tru.I�Y..J d• •.�F 6. • .•a tlr O * ° • I Lm! •..I... r�d.flW21r�N•Yl://w11.w 3 • d•..I.i 1...63 rr...4.to 4y.. 6.• Orn•r!D•v•lop•r ai / 6wx w a..*r..•Y..d anl..NNrrr,,�4. Gro<• .r••byl•r' r4� / ;wdT.rldL.dd.M u�. fJ�tfra,i..11.M Pr..6y i•• Church tUSAI ><v, \�'. I `_ .tiyu`n„jt:al.:e.wn.w.L..ui7r`�c.,..a..�... eODU JoA. W. Car F _ uil 1i"a'•r, Dallas. TX 75247P ••y• J,N 6f(• x E 30209 .0 16171 431-5110 _._�a,-_ _ 1-2414 y Q -- na..'r sari r'w'»c%a t•no� Lae i a.w '�j�`'/ utility Ea __ `iD lM ra. a..•N u A WOK.IN.Mum u.naiad I, Engin••r o I, s n '� -_ ,. i.wrt;r 110.410d�sd"".:ar�•a..r du.aa q` • S It93309-f112079 '-4\ yy .b„ 0 Ci g Eare�� �i..Sr. John L••1tt. P.E. cg Ea.* 1F2. y' N. ,I.....I� ° I� J F. L••ilt E.9i Inc. $ Y .\\\, '- ;/5.��..r568'30U'W Q6.02�� Mrr.•••• ma's u.r.r.a....�Iy..w p�.ry. V 1 726 ft.•once 11.. Salt° 104 ,t's > r �'"2 I. .0 mat._5• hl i•. TX 76092 ;.4 ) �. 1 Tit �•� - ,./A0•1 a ,w if.IMAM t 017t1 454-3313 , T�yurvy Tr•Are11d Ent.- .' t • I. _ 'mar � w O Lot ~ � To M,6vWMN'PV i I 4.. 1..q i tr4�I:��. r��i.a lai Law ww I sar..y°r h 8 g ``1 I . I ., ,.1.._1 ao•4.,��.� Roger r. Hart. R.P.L.S. I _ E 6 D• __. .. al Ar.o Srr.. loc. -i t IN�54-E 46.49 �' `+ 102•W. T y'"II Str••f UWE." Lot 3 �. o`11 ,t..,.1ar..1 F Worth. Tx 76140 Ie171 293-56e4 __ uE I _ c� - last �° �-- , Note.: 6uteyr.l TiUE IxQ Block 6 I I.,� ..�.":: w..,=''r,s,.°s.:,.:�tr.'�,t".:'�a�;p' I. f•Itl.i.H.tl...t..y L.I .•4 ..__ T" ./ 225.144 Sy. Ft. .0 o Lot 2 �.` �...1..J..,..l•I.a.,.a.i aim...ir a•...aia w y.h •I..1..br..4.1.I•.iy.•.•• 1 1..n4. I...I.I.ti.••t stay. 1'. 'ut �I 3 I L....4 ctt(6r41.......461 I J .n v O AaMl/ 11 In nw•etc Yn •w u..w_.....ay•f_- v_... 6 .blot. .. 1•.. .4 Ith•14re. I ' ` '' I C' :. i1 Ulta•. •11.I Idly p.ru... • ` e•1...i 4 u.a.11.. e.6e' ,y -24.05 �g; 8 a•:•• w•;.ia..e r•wt...n,� e..ri. f E... II..•/L.t• q9 n I att. ]a It.p•.rl... �o�,� ,f Q F•ro y: '/' L--r E' o I 56 L.a Lam,.1.NL:J.6. A/prer.d By The cny Canned I .4..,• w.aL. I , _---50 ada1 Lit 9v''g- - --- - ---- �'`• _ Southridge Lakes .. 20iva Vlt Eat p' y�'r•'r - - Pharr C-1. Ity. ___ .. _dr .. 5 69'33E6 M 45653 Ni A71-1n bonbony ,ow.r „-I 02.3 J.Co,rlon Roca.&Utity Eortant `.1. .2 C that•J u.o par: !aoufl LaF..Phu•Cl an Aadtion to Ow West Southlake Boulevard Aba Na sz� Coy I S„a04A. T,rrcot County.Tonal accardny To 6»pie -E- _AA Fr•..ul_Stray -_ 8 ,__ saes__ _--. ..,.r Jv;l n(".tan..l A Side 657.PM R.cn6.Torras CwIN. R.1 Pad.Srwy iv.it Mif.Ir v t7M1 Abe Na,L755 ru.�n'nd r.4i. -1.062 cn of Lad n fh.A A Fi+F$1I.N _ I ',14(`:EY.AN'.FftnrT No.571 n the Cny of Souffddt. Approved By Th. /tardily .. harem!Cow,"Tam i Zeol a CoomoledOri VT ew La r�r.4 Tl Ono Lot .. .r_._..-._...-._. . I.,1P1 of prig n.: --.. _ 6lMyr Ea..rr____ Y.• a.ed April 5. 1999 _ ---- -_ - --! 0�11D. .nJ.d April 26.1999. �� Lot l Mod l(i1Ih011 1e61 SCHOOL AD 514n0 Cdirt A Sib 1460__-- _ Jun. 16. 1999 b Val Lkl4 _ _ r a35 nvyv.f 2. 1999 r. ...... 50'taiit0 Lin I 9 J ARIA SURVLTING• INC. n.1E __-__. ...fiairin 10111.0=4:r.�L]..-/I1.04141 • • REC.') iaU(3. 0 21999 1 Southlake Blvd . Presbyterian Church \ I__-/>7--'--- -' -r i F-- illoplir ai* • el* 6 i v-4 1' hit 4v-N41 Ir - '1 IliTi , , •jtes wititOt 414pli k T. - - -.1* 'ot 41i ■, �;.... loti.dellittlit► 14. �►AI 4 Nemisimi 4 ii• ,44 ---- h -A, NI �i�� iv. Ak..,4*0 OF Fri , . AT _ "lila_ , , . - _ .14ivw tiiiit aivA , 010 Aill a , , - '',r-..-- • .v# -kg i k i .---- &lc a .1: -, '-:-__F -- ----,, _ „ . WEST SOUTHLAK��LVD r- , I 1 lak , , -_ , I s _ i v. , 4 Alia% _ s .- ,,,,,. it > - , 2 isp , : _ H - s• iris _ C ►441 ► E5 1 ,1 ^ . - PP'FILM MAL Ifr:444"::**41 'I BIG 6f NO COVE A. 1 1 4 Alliji L __\- ' ' • 11,1110414 lir tillBrd �z,t NESN VI 7611114111PH 2WG GE vVNfTE OPK CI.EP �{I` •�.._ 7 _-.__.....____.__._. 1-__ ..._.__ ._ _._.. I__i� _ �_ _- , N Southlake Blvd. Presbyterian Church 5K-17 MEMORANDUM July 27, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Resolution No. 00-82, Requesting Participation by the State of Texas Department of Transportation for the Extension of State Highway 170 from Interstate 35 West to US 287. Action Requested: Approval of Resolution No. 00-82, Requesting Participation by the State of Texas Department of Transportation for the extension of State Highway 170 from Interstate 35 West to US 287. Background Information: Fort Worth Alliance Airport is emerging Ls one of the leading International Trade Centers and inland ports in the United St: tes. The facility has become a center for manufacturing, assembly, corporate headquarters, and regional distribution centers for several Fortune 500 firms and other enterprises. Alliance's location along the Interstate 35 Trade Corridor and supporting reliever routes like SH 170 allow manufacturers and distributors to reach 92%of the U.S. market within two days by truck. The extension of SH 170 will provide a reliever route from US 287 to Interstate 35 which will facilitate the flow of international trade truck traffic to the west. The extension of SH 170 not only maximizes existing transportation infrastructure but also targets new investment in a coordinated manner, combining modern manufacturing and distribution facilities with multi-modal transportation, advanced telecommunications and materials handling systems, and state of the art logistical support services. Enhancing the operations of emerging International Trade Centers such as Alliance facilitates the seamless flow of international goods, helps reduce congestion along U.S. borders, and strengthens the Texas and U.S. edge in the global, competitive marketplace. At their meeting on June 15th, 2000, Metroport Cities Transportation Committee passed a resolution supporting the extension of State Highway 170 from Interstate 35 W to US 287. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: None. 5m_ , Alternatives: None. Supporting Documents: Resolution No. 00-82; State Highway 170 Information Sheet; Map and Project Data. Staff Recommendation: Approve Resolution No. 00-82. 5Th - � RESOLUTION NO. 00-082 A RESOLUTION OF THE CITY OF S OUTHLAKE, REQUESTING PARTICIPATION BY THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION FOR THE EXTENSION TO STATE HIGHWAY -170 FROM INTERSTATE 35 WEST TO US 287 WHEREAS, the implementation of Phase One of the State Highway 170 program was one of the fasted projects ever developed in cooperation with the Texas Department of Transportation and is a component of the infrastructure netwcrk responsible for attracting between $4 and 5 billion in private sector investments to the region and creating over 17,000 new jobs; and WHEREAS, the proposed extension of State Highway 170 from its current terminus at Interstate ,3.5 `Feet to US 287 will continue to attract and support growth in the region and -: _, support the City of Southlake's economic development programs; . qd WHEREAS, the proposed extension of State Highway 170 provides a reliever route to Interstate 35, facilitating the flow of international trade truck traffic, alleviating congestion and improving regional air quality; and WHEREAS, the proposed extension of State Highway 170 will better serve the needs of the Burlington Northern Santa Fe Intermodal Hub Center, FedEx Southwest Regional Sort Hub and other Alliance region businesses by providing direct access to US 287 and removing truck traffic from local and county roadways. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTHLAKE that the City of Southlake urges the Texas Transportation Commission to designate the extension of State Highway 170 from Interstate 35 West to US 287 and to direct staff to initiate the process as quickly as possible to ensure the accelerated development of this strategic, critical improvement. PASSED AND APPROVED on this the day of . 2000 by the City of Southlake. APPROVED: Rick Stacy, Mayor ATTEST: Sandy LeGrand, City Secretary 511 -3 State Highway 170 Gateway to the Alliance International Trade Center Located along the Interstate 35 Trade Corridor, Fort Worth Alliance Airport is emerging as one of the leading International Trade Centers and inland ports in the United States. Fortune 100 and 500 manufacturing,assembly,corporate headquarter,and regional distribution centers continue to be drawn to this inland port's most powerful incentives:direct intermodal air, rail,and roadway access. FedEx,American Airlines,Hewlett Packard,JCPenney,Valeo Electronics,Galaxy Aerospace,NOKIA,Kraft Foods,and Nestle all have chosen Alliance for its superb intermodal — and increasingly international — connections. A critical link in the connection is State Highway 170 which has become a catalyst for growth and expansion and one of the key reasons why Alliance is becoming one of the leading International Trade Centers in the country. SH 170 is a key component of the intermodal/multimodal corridor connecting the Dallas/Fort Worth International Airport with Fort Worth Alliance Airport. DFW and Alliance now form a unique "global transportation complex" that is unmatched by any other state or natior The Fort Worth/Dallas Metroplex—served by approximately 150-regular-route common carriers— is the largest trucking center in the Southwest and together with Alliance forms the transportation hub of North America. Alliance's strategic location along the Interstate 35 Trade Corridor and supporting reliever routes like SH 170 allow manufacturers and distributors to reach 92% of the U.S.market within two days by truck. Two of the busiest rail freight operations in the United States— Union Pacific and Burlington Northern Santa Fe— operate main north-south rail lines through Fort Worth Alliance Airport and give Alliance users connections to markets in every corner of the U.S.,Mexico,and Canada. Burlington Northern Santa Fe's $115 million,735-acre Intermodal Hub Center and Automotive Facility is the fifth largest in North America and is one of the finest examples of efficient,intermodal goods transfer in the nation. The Intermodal Hub Center,located just north of the proposed extension of SH 170,currently handles over 425,000 trailers and specialized containers per year on BNSF's 48 miles of track at Alliance. Sixty-five percent of the Intermodal Center's freight originates in the Pacific Rim and enters the U.S.through the Ports of Los Angeles and Seattle. Expansion of Alliance's regional,national,and increasingly international distribution and manufacturing facilities also is due in part to SH 170. NOKIA,with prime access to SH 170,is doubling its manufacturing and assembly capabilities. The new FedEx Southwest Regional Sort Hub at Alliance—only one of three in the nation — recently added a day shift,increasing the number of packages handled daily and nightly to 175,000. The facility currently is being expanded to better facilitate FedEx's increasing global operations. BNSF also is constructing a new 60-acre maintenance and storage facility on'the west side of the Intermodal Hub Center. These and many other facilities at Alliance would benefit immeasurably from the direct Interstate access and improved regional circulation that the extension of SH 170 would provide. The extension of SH 170 not only maximizes existing transportation infrastructure but also targets new investment in a coordinated manner,combining modern manufacturing and distribution facilities with multimodal transportation,advanced telecommunications and materials handling systems,and state of the art logistical support services. Enhancing the operations of emerging International Trade Centers such as Alliance facilitates the seamless flow of international goods,helps reduce congestion along U.S.borders,and strengthens the Texas and U.S.edge in the global,competitive marketplace. sP) - y The State Highway 170 Extension Program FO'(!SRTH Al•) CE S.N. 170 EXTENSION 4- WESTPORT PINY. y �1• ,ART Q AVONDALE HASLET RD. • a 80AZ RD.I j W • TRAVIS CT. y 1 3 4 A BLUE MOUND RD. / State Highway 170 Extension Project Significance • Supports the specific goals of Sections I 118 and 1 1 19 of TEA-2I by facilitating vehicle and cargo movements related to international trade, reducing travel time through a major international facility, leveraging Federal funds with the use of innovative financing,and facilitating the flow of international truck-borne commodities through each state. • Provides direct access to Fort Worth Alliance Airport, Burlington Northern Santa Fe Intermodal Hub Center, FedEx Southwest Regional Sort Hub,and new International Trade Center and Air Cargo facilities at Alliance. • S.. --rts the recommended Trade Focus Strategy identified in the 1-35 Trade Corridor Study prepared by the six Interstate 3 de Corridor State DOT's by providing a reliever route and additional capacity to support the Alliance multimodal transportation hub and respond to increased NAFTA-related truck and rail traffic along the Interstate 35 Trade Corridor. • Continues development of strategic Metroplex intermodal/multimodal roadway to enhance integration and connectivity of the different transportation modes for moving freight and people. • Supports the general goals of national surface transportation policies by encouraging economic development,enhancing land uses,connecting critical trade and defense ports, improving air quality,and developing transportation facilities that are intermodal and multimodal. Project Description and Cost • Included in City of Fort Worth Thoroughfare Plan and North Central Texas Council of Governments 2025 Long Range Plan. • Proposed as a divided,four lane "superstreet" on A200' of right-of-way. • Designed for future expansion to six lanes,as traffic warrants. • Planned as an at-grade facility,with railroad bridges and grade-separations at US 287, FM 156 and Intermodal Way,with connection to existing Interstate 35 West interchange. Project Costs Environmental Impact Statement/Schematics $.5 million Plans,Specifications & Estimates (PS&E) $2.5 million Right-of-Way Maps Right-of-Way Acquisition $4.0 million Construction $46.0 million TOTAL $53.0 million 51r1 —5 MEMORANDUM July 27, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Resolution No. 00-74,Requesting Participation by the State of Texas Department of Transportation for improvements to FM 1938 Interchange at SH 114, and FM 1938 Roadway Improvements from SH 114 to SH 1709. Action Requested: Approval of Resolution No. 00-74, Requesting Participation by the State of Texas Department of Transportation for improvement to FM 1938 Interchange at SH 114, and FM 1938 Roadway Improvements from SH 114 to SH 1709. Background Information: Over a period of several months, city staff met with Trophy Club representatives to develop a solution to the closing of Kirkwood Blvd. However, no alternative presented itself that would be acceptable to all parties involved, which included Fidelity, Sabre,Maguire Partners, TxDOT, and the cities of Southlake, Trophy Club, and Westlake. Through the efforts of the Metroport Cities Partnership (MCP) a recommendation to request the State's assistance in participating in an interchange at FM 1938 and SH 114 appears to be a viable solution agreed to by all neighboring cities and corporate businesses (Fidelity, Sabre and Maguire Partners). The issue of constructing an extension of FM 1938 from SH 114 to FM 1709 was discussed by the Metroport Transportation Committee on July 5, 2000. The committee agreed that given the pending completion of both the Fidelity and Sabre complexes, the issue of constructing FM 1938 should be put forward. A proposed resolution was distributed to the participating communities for their endorsement. The primary concern is that the existing road system simply cannot accommodate the anticipated traffic demand that will be created by these two developments as well as future development that is likely to occur along the SH 114 corridor. Financial Considerations: None at this time. Participation in the project will be a collection of municipal and corporate funding. Southlake's financial contribution is expected to be limited to it's fair share of the design and engineering costs. Citizen Input/ Board Review: City staff including Greg Last, Bruce Payne, Ron Harper, Charlie Thomas, Chris Carpenter and myself have participated in three public information meetings over the past week to explain the nature of the project and to obtain public input. The first meeting was with the SPIN standing committee, the second meeting was with identified citizens who own property immediately adjacent to the proposed project, and the third meeting was with all citizens who are interested in the project. All three meetings were sponsored by SPIN, were well attended and generated a number of comments, suggestions and concerns. Staff has recorded all relevant comments and intends to mail copies of the comments to the participants of all of the meetings to date. Staff is also working to develop answers to the questions that could not be answered at the above mentioned meetings. Any future meetings will be coordinated by staff with all interested persons. Staff will be prepared to give council a detailed presentation of the proposed project at the Council meeting of August 15tn Legal Review: None. Alternatives: None. Supporting Documents: Supporting documents include the following items: • Resolution No. 00-74 • FM 1938 Q&A Summary dated 7/26/00. • C'py of notes from all F.M. 1938 Meetings • Copy of article "Area population expected to rise 2.8 million by 2025" in the July 28, 2000 Dallas Morning News (Hard copy and website version). • Copy of article "Population forecast calls for more growth; Study sees big gains for Keller, Flower Mound and Southlake" in the July 28, 2000 Fort Worth Star Telegram (Hard copy and website version). Staff Recommendation: Approve Resolution No. 00-74. gN4. RESOLUTION NO. 00-74 A RESOLUTION OF THE CITY OF SOUTHLAKE, REQUESTING PARTICIPATION BY THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO FM 1938 INTERCHANGE AT STATE HIGHWAY 114 AND FM 1938 ROADWAY IMPROVEMENTS FROM SH 114 TO FM 1709; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE WHEREAS, State Highway 114 and FM 1709 represent primary east-west means of access for all cities in northeast Tarrant and southern Denton County; and WHEREAS, State Highway 114 and FM 1709 do not have an adequate north- south c)nnection to serve increasing commercial and residential development demands; and WHEREAS, the State of Texas Department of Transportation has long recognized the need for a north-south connector for SH 114 and FM 1709 by designating FM 1938, known locally as Precinct Line Road in Keller, a section of Randol Mill Road in Southlake and Precinct Line Road in Westlake as the preferred north-south connector route; and WHEREAS, the commencement of construction on the Fidelity Investments Regional Headquarters in Westlake, initially employing 1,800 people and ultimately employing at least 2,500 people, and the commencement of construction of Sabre, Inc. Headquarters in Southlake initially employing 2,000 people and ultimately employing as many as many as 10,000 people, require immediate additional north-south access to prevent dangerous traffic loads on existing north-south residential streets in Westlake, Southlake and Keller; and WHEREAS, private support from Fidelity Investments, Sabre, Inc., Hillwood Development Corporation, Maguire Partners and many others have committed support for the completion of FM 1938 Interchange and FM 1938 roadway by performing design work, dedicating right-of-way or committing funds to support the project; and WHEREAS, public support of the project has already been received in the form of dedicated right of way necessary to construct the project and the necessary adjacent right-of-way dedication for the NETCRWS water line to provide necessary water supply to Southlake, Keller, and Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTHLAKE: pJ.3 SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the City of Southlake fully supports and encourages the construction of the FM 1938 interchange and FM 1938 roadway. SECTION 3: That the City of Southlake fully supports the installation of unimpeded "Texas U-turns" to facilitate east and westbound traffic at the FM 1938/State Highway 114 interchange. SECTION 4: That the City of Southlake formally requests the timely dedication of discretionary funds by the Texas Department of Transportation to complete the design, engineering and construction of FM 1938 Interchange and FM 1938 roadway from State Highway 114 to FM 1709. SECTION 5: If any provision of this Resolution shall be held invalid or unconstitutional, !hen the remainder of such resolution shall remain in full force and effect as if separately enacted. PASSED AND APPROVED on this the day of . 2000 by the City of Southlake. APPROVED: Rick Stacy, Mayor ATTEST: Sandy LeGrand, City Secretary FM 1938 EXTENSION SUMMARY OF QUESTIONS AND ANSWERS Following is a summary of questions that have been raised regarding the potential extension of FM 1938 as it impacts Southlake, Keller and Westlake. The questions are generally organized by groups of similar topics. It is anticipated that this list will be updated frequently as new questions arise. Additional questions and/or answers can be added to this list by faxing them to 488-9370. MISCELLANEOUS ACRONYMS/DEFINITIONS: 1. TxDOT: Texas Department of Transportation 2. Right-of-Way: Abbreviated (R.O.W..), an area set aside for the construction of road driving lanes and installation of utilities. It is wider than the street width and includes areas called "parkways" between the edge of street pavement and the R.O.W.. line. The R.O.W. line is also the property line for the adjacent property owners. 3. NCTCOG_ Abbreviation for North Central Texas Council of Governments, the Metropolitan Planning Organization (MPO) charged by federal law to administer regional transportation planning. BACKGROUND INFORMATION: 1. How is the potential F.M. 1938 extension mentioned in historical local planning studies? Answer: The City of Southlake designated the extension of F.M. 1938 on its plans as follows: 1969—Major Thoroughfare ending at city limits; 1975—Principal Collector with realignment near Dove intersection; 1984 -State Highway Extension to S.H. 114; 1991 —Major Arterial to S.H. 114; 1997 — Major Arterial to city limits. (Plan was revised to eliminate areas not within the jurisdiction of Southlake) The City of Keller designated Randol Mill Avenue, from F.M. 1709 to S.H. 114, as a six-lane undivided boulevard on its 1988 Thoroughfare Plan. The current Thoroughfare Plan shows a six-lane arterial to S.H. 114. Westlake shows Randol Mill Avenue from F.M. 1709 to S.H. 114 as a Major Boulevard section which will accommodate a six-lane divided section. 2. How is the potential F.M. 1938 extension mentioned in historical regional planning studies, as in perhaps those done by NCTCOG? Answer: The F.M. 1938 extension has been included in the NCTCOG Regional Thoroughfare Plan as a principal arterial since 1977. In 1994, the extension received a regional arterial designation as part of the NCTCOG Regional Thoroughfare Plan. The extension is duly noted as a regional arterial in the Mobility 2010 Plan Update, Mobility 2020: The Metropolitan Transportation Plan, and Mobility 2025. For more information see the following documents: . Thoroughfare Plan for North Central Texas, NCTCOG, 1977 . Regional Thoroughfare Plan, NCTCOG, 1994 . Mobility 2010 Plan Update, NCTCOG, 1995 . Mobility 2020: The Metropolitan Transportation Plan, NCTCOG, 1997 . Mobility 2025, 2000 FM 1938-Question and Answer Summary Draft D 0 :01 p.m. Page 1 of 6 ENTITIES INVOLVED: 1. Who or what is Metroport? Answer: Metroport Cities Partnership is a non-profit corporation, which is comprised of eight (8) area cities, Tarrant County, four school districts, area chambers of commerce, public utilities, large and small business enterprises, and other related organizations. The purpose of the partnership is to work collectively on public and private initiatives affecting the Northeast Tarrant County (Metroport) region. It has been the practice of Metroport Cities Partnership to participate together whenever possible in providing public services such as radio communication, public safety, water and sewer service, and highway construction. The Metroport Cities Partnership has been incorporated for twelve years. 2. What cities are involved in the extension of FM 1938? Answer: The following cities are involved in the process. The principal contact person for each city is also provided. City of Southlake City of Keller City of Westlake Attn. Billy Campbell Attn. Lyle H. Dresher Attn. Trent Petty City Manager City Manager Town Manager 667 N. Carroll Ave P.O. Box 770 3 Village Circle, Suite 207 Southlake, TX 76092 Keller, TX 76244 Westlake, TX 76262 PH: 481-5581, ext. 702 PH: 431-1517 PH: 430-0941 FX: 329-1747 FX: 431-5867 ldresher@home.com 3. What other entities are involved in the extension of FM 1938? Answer: Following are additional entities involved and their contact people. Texas Department of Transportation (TxDOT) Burton Clifton, P.E. Fort Worth District P.O. Box 6868 Fort Worth, TX 76115 PH: 817-370-6542 FX: 817-370-6759 Tarrant County Glenn Whitley, County Commissioner, Precinct 3 Jeanne Green, ROW Agent 100 E. Weatherford, #401 Fort Worth, TX 76196 PH: 884-1177 FM 1938-Question and Answer Summary Draft Dat 6 0 - :01 p.m. Page 2 of 6 North Central Texas Council of Governments ban Kessler Assistant Director of Transportation 616 Six Flags Drive, Suite 200 Centerpoint Two Arlington, Texas 76005-5888 PH: 817-695-9248 Parsons Transportation Group Rod Kelley, P.E. 5485 Belt Line Road, Suite 199 Dallas, Texas 75240 PH: 972-991-1900 FX: 972-490-9261 Town of Trophy Club Attn: Donna Welsh City Manager 100 Municipal Drive Trophy Club, Texas 76262 817-430-1911, Ext. 107 4. Who can I contact for updated information? Answer: The City Managers of Keller, Southlake and Westlake. PROCEDURAL QUESTIONS: 1. What would the development schedule be for eventual construction? Answer: The preliminary anticipated development schedule at this time is as follows: . December 2000: Texas Transportation Commission Delegation Appearance . 2nd Qtr. 2001: Texas Transportation Commission Project Authorization . 4th Qtr. 2001: Environmental approval/public involvement process. . 2nd Qtr. 2002: Design/Right-of-Way Plans. . 4th Qtr. 2002: Right-of-Way Acquisition. . 4th Qtr. 2003: Construction complete. 2. Why is this roadway being scheduled for widening now? Answer: . To improve north/south traffic flow in the area by developing transportation links between the population and employment activity located in the F.M. 1938 Davis Corridor with activity centers south of F.M. 1709, east and west along the F.M. 1709 Corridor, and north to the S.H. 114 Corridor, including major new employment centers of Fidelity, Sabre and Maguire Partners; . To secure the needed right-of-way in advance of development and to improve the roadway in conjunction with anticipated development, thereby better serving both existing and future traffic; 45V• FM 1938-Question and Answer Summary Draft Date: 07/26/00 -4:01 p.m. Page 3 of 6 . To improve the roadway now at a much lower cost than it would be to construct the improvements in the future after anticipated development has occurred; . To take advantage of funds from the Texas Department of Transportation. 3. How much traffic is anticipated to use the improved F.M. 1938 extension? Answer: Traffic forecasts prepared by NCTCOG for the year 2020 estimate that 25,000 to 30,000 cars per day are anticipated in this project area. NCTCOG traffic forecasts are based on demographic forecasts prepared by NCTCOG in 1996, and may not take into account both recent announced and proposed developments in the corridor. This traffic volume warrants a four-lane roadway with the capability of expanding to a six-lane roadway in the future. 4. Where are we now in the process and what are the next steps? Answer: . Affected cities receiving input from citizens and considering Resolutions of Support . Metroport Cities Partnership supports project . TxDOT delegation appearance in Austin is anticipated in December 2000 5. How does a person who supports or is oppi.sed to this project voice their opinion? Answer: Concerns can be raised through multiple means. . Participation in local neighborhood and city-wide public meetings. . Written correspondence to each City Representative. . Written correspondence to Councilmembers of each city. . If the Transportation Commission approves the project, there will be several formal Public Hearings held by TxDOT. TOWN OF WESTLAKE'S PLANS: 1. What about the construction of the new roadway's intersection with S.H. 114 in Westlake? Answer: A project to construct a new interchange at S.H. 114 near Precinct Line (FM 1938) is currently under design and will be constructed simultaneously with the F.M. 1938 extension project. The S.H. 114/Precinct Line intersection and the northern two-fifths of the F.M. 1938 extension will be constructed as a part of a separate intersection improvement in the Town of Westlake's development regardless of the outcome of the joint effort by Westlake, Tarrant County, Southlake, and Keller on behalf of the entire F.M. 1938 project. The additional vehicular traffic using this improved section will most likely add to the traffic congestion and hazards along the unimproved section. RIGHT-OF-WAY ACQUISITION: 1. From which side of the existing road will the most right-of-way be taken from? Answer: . Varies in attempt to reduce the number of properties affected, and the exact alignment will be determined in the Design and ROW Phase (8-12 months), but preliminary plans call for a majority to come from the west (Keller) side in the Southlake/Keller area nearer F.M. 1709 due to less impact on existing structures. 2. Is there a map or drawing available showing where the proposed right-of-way will be? Answer:A map is available at city halls in So hlake, Westlake and Keller. FM 1938-Question and Answer Summary Draft Date: I i I. - p.m. Page 4 of 6 3. What happens if certain homeowners do not agree to selling portions of their property as right-of- way? Answer: Following the completion of the ROW acquisition process conducted by Tarrant County, if an agreement is not reached one may file suit in the District Court. Contact Tarrant County's R.O.W. Dept., who will explain the procedures in more detail. 4. Who is responsible for negotiating the acquisition of right-of-way? Answer: The R.O.W. acquisition would be the responsibility of Jeanne Green who is a long-term R.O.W. agent for Tarrant County. 5. Explain what happens to properties that have homes on or very near the expected new right-of- way line. Answer: See No. 3 above. 6. Will the ROW needed for the extension be purchased rrom the landowner? Answer: If the FM 1938 extension project continues to go forwarded and is funded by TxDOT, all necessary ROW will be purchased for the fair market value of the property. If the project does not go forward at this time the ROW will not be purchased at this time. Note, however, that should any building permit be requested or development occur on properties adjacent to Randol Mill, each city will require the dedication of ROW from the adjacent property without compensation as a part of the development process. This acquisition will, however, be limited to the ROW required by the respective city's Master Thoroughfare Plan. 7. How are land values determined when property is acquired? Answer: The most recent comparable land/like property sales are evaluated through an extensive appraisal process. 8. How are relocations handled? Answer: Relocations are handled by TxDOT and not by Tarrant County. Agents use the closest approximate property values as well as consider factors specific to the situation. 9. How close does a residence or building have to be to the R.O.W. before relocation will be used? Answer: The residence or building must intersect or be inside of the acquisition area. 10. Is there compensation for the devaluation of property as a result of roadway improvement? Answer: No. 11. If some of my property is taken and the value decreases, will my taxes go down? Answer: If the appraised value of a property decreases, there will most likely be a decrease in taxes, assuming the tax rate itself has not increased 12. If R.O.W. acquisition takes all or a portion of the property's septic system, does the County reimburse the expense? Answer: Yes. The cost of a new system, if necessary, will be provided 61441 FM 1938-Question and Answer Summary Draft Date: 07/26/00 -4:01 p.m. Page 5 of 6 ENGINEERING & DESIGN CONSIDERATIONS: 1. What is the intended roadway design? Answer: Initially, a four-lane, concrete roadway with a landscaped median is planned with the purpose of creating a parkway having ample greenspace and trees. Turn lanes and traffic signals will be installed to ensure protected vehicle turning movements. The roadway will be designed and constructed to accommodate two additional lanes, if warranted, in the future. 2. If the new R.O.W. line appears to be very close to a residence, will sound barriers be used or constructed? Answer: As part of the environmental studies performed for this project, traffic noise impacts will be considered, and if warranted, sound barriers will be constructed. If the project is approved, there will be opportunities for public hearings during the preliminary geometric design phase to address this item more specifically. 3. When are specific items such as lane configurations, roadway materials, landscaping, traffic signals, drainage, etc., finalized? Answer: Beginning with the preliminary geometric design, public hearings will be conducted by TxDOT to determine the roadway design most acceptable to all affected parties. Prior to TxDOT's plan submission for construction bidding, the respective cities will also coordinate public meetings to present proposed construction plans. 4. When will the final roadway alignment be approved or known? Answer:Approximately two years. 5. How long will it take to complete the R.O.W. acquisition and determine compensation? Answer:Approximately three years. 6. Who will enforce the speed limit on the new F.M. 1938 extension? Answer: The city having jurisdiction in any particular area of the road will enforce the speed limit. The roadway will be constructed through the city limits of Southlake, Keller and Westlake. FINANCIAL & COST CONSIDERATIONS: 1. How much is it expected to cost? Answer: The construction cost estimate is approximately $14,800,000. The R.O.W. acquisition estimate is$S,000,000-$10,000,000 2. Who will pay for the widening? Answer: TxDOT pays for the construction. Tarrant County purchases the R.O.W. 3. Will there be an adjacent landowner paving assessment by the cities if the project is done with city funds? Answer: No SN•(0 FM 1938-Question and Answer Summary Draft Date: 07/26/00 -4:01 p.m. Page 6 of 6 Notes From All F.M. 1938 Meetings Notes from 7-19-00 Standing Committee Meeting: Questions/Concerns Noted: 1. When would project begin, if approved, and what is the approval process? 2. Has the city discussed this project on a one-to-one basis with the impacted residents? 3. Is there a planned trail, and if so is there trail planned on the Southlake side or would it be outside the city limits? 4. Where is the drainage going to go? 5. Concerns raised over the utilization of an expanded 1938 by construction vehicles. Can the city regulate truck routes on state roads within the city limits. 6. How will turning lanes be handled on the proposed roadway? 7. What will happen to existing trees? 8. How will noise be addressed and abated if necessary? 9. What will happen at the street intersections with Davis? 10. Out of multiple road projects, why was this one identified to move forward with the history regarding this project? 11. Specific issues regarding the impact of the project have not been covered in the presentation. Will these issues be addressed—will there be more detail? 12. What is the impact of the road on property values, as there are case studies that show a positive impact when access is increased. 13. Are there plans for a portal location similar to the ones under consideration at ether locations throughout the city? 14. Is there a regular analysis of traffic counts in the city—and has city estimated the impact of expanding this road regarding east-west traffic? 15. Will other cities develop east-west thoroughfares (Glade Road, Cheek Sparger, etc.), as a lot of traffic on 1709 comes from other cities. 16. What is the status of Cheek Sparger and Mid-Cities road improvements? 17. What would the road expansion have in regards to westbound 114 traffic? 18. Who would be coordinating/managing the actual construction in this project? 19. Concerns raised over lack of detail regarding the project. r+Piill 2000 Neighborhood Meeting 4Er spiN 33A Report Form b� V SPIN Neighborhood # 15 & 16 Meeting Date 07/25/2000 Meeting Topic: Randol Mill Reconstruction Description: Opportunity for property owners adjacent to Randol Mill Road to receive information from the City Planning Departmer (Bruce Payne) on the proposed reconstruction of Randol Mill Read from FM 1709 to Hwy 114. Featured Speakers: Billy Campbell, city Manager, Bruce Payne Director of Planning and Greg Last, Director of Economic Development. Number of neighbors attending: 38 Location of meeting: Southlake Sr. Activity Center Notification Process: Letters were sent via first class mail to each adjacent Southlake property owner by city staff on Friday, July 21, 2000. Follow-Up Information: Please see the attached recap of the issues raised by the adjacent property owners attending the meeting. Personal comment: Many residents were frustrated by the "rush" of this project. I suggest tabling this upcoming city Council consideration item until mid August. Please contact me with any further questions you may have at(817) 329-3063 or mobile at (817)917-7120. Michael C. Conrads ♦ PIN Chairperson Notes from 7-25-00 Adjacent Property Owners Meeting: Questions /Concerns Noted: 1. What are the environmental impacts (animals, wildflowers) 2. What will happen to property values along Davis, particularly those that front on the future roadway? 3. How can the speed limit remain low and how can it be enforced? 4. What facilities, if any, would slow down traffic on FM 1938 (e.g. signs, lights) 5. What types of traffic signs or lights will be utilized along 1938? 6. Will the zoning and land uses on South Davis be the same on N. Davis? 7. Can you do 2 lanes in some critical areas and widen to the north? 8. Comment: Owner at the corner of Johnson and Davis is losing ROW on both sides of his lot. 9. How will existing side streets access the"new" Randol Mill? 10. How will intersections be handled in the design? 11. W' 1 there be turn lanes? 12. Will there be an opportunity for additional road changes in conjunction with this project? (Lovegrass and Kingwood mentioned specifically.) 13. With little communication to the residents,what is driving the urgency of this issue at this time? 14. Comment: Please keep the community informed earlier in the process and provide more information. 15. Going forward, what will be the process to keep the community informed and those most impacted involved along the way? 16. Will the most impacted property owners meet with the design consultant? 17. What is the process for involving owners in engineering design? 18. Are there other alternatives that should be considered before this one (i.e. 377, 121, SH 114)? 19. What flexibility do landowners have to get the state/County to acquire their entire property for fair market value? 20. What are the expected noise levels and how can they be minimized? 21. Comment: Engineering considerations are vague in the summary, need more detail. 22. What considerations are there for lighting? [Look at directional lighting, lower height against residential, less spill-over] 23. What is the funding allocation of this project(State, City, others?) 24. What impact will the city have over the final design? Can the city influence the final layout? 25. Does the city have any budget planned for landscape enhancements, irrigation in the median, etc.? 26. How will the"look and feel" of Southlake be maintained? 27. While the roads are all torn up, is the city going to put in sewer and water lines? 28. How will drainage be addressed? 29. Timing issue, a lady anticipates having her house taken, what is the process and how long before the ROW will be acquired? 30. When they start ROW acquisition, how long will it take for the construction to be completed? 31. Impacts on Johnson road? Currently resurfacing for 3 lanes? 32. Any ability to limit truck routes on 1938? 33. Any ability to lower speed limits? Who has final say, city or state? 34. Can the trees on the west ROW be incorporated into future median? N•13 35. Who represents the community in Austin to TxDOT? 36. Design Consideration: Safety of children in backyards and a concern over trucks/vehicles penetrating wood fences. 37. What is the distance between the fence at Myers Meadow and the future back of curb? 38. What would it take to privatize Myers Meadow? 39. Can the portion in Southlake be widened (like Westlake) and actually help the values of adjacent properties, particularly if most ROW is coming off the west side? 40. What is the distance relationship between the centerline of existing roadway and the proposed roadway? 41. How would the vertical elevation of the roadway change? • Bruce Payne committed to mail-out notifications for all meeting notices or plan changes based on the address list sign-up sheets, etc. • Notes taken by Greg Last with additions/modifications by Mike Conrads. 11Q11dsuews.l U111. lv1Clro ragc i Ul Professional Serviced Business . Health Care 3 b `r Computers 0 corn. Search Now) Financial Services f �. Business information without the clutter. Finding business information just got easier. %PorninO NIS TO ADVERTISE Metropolitan: D-FW cull 214. 977. 8861 �I he Front Page . I QUICK READ NMI S TICKER CLASSIFIEDS DFIN DIRECTORY Area population expected to rise 2.8 million Advertising by 2025 My 07/28/2000 weather FREE personal alerts By Terri Langford/The Dallas Morning News An additional 2.8 million people—roughly three times the current Test Drive 40 population of Dallas—are expected to squeeze into North Texas by a New 2025. Oldsmobile`4 :-'�" That's the forecast laid out Thursday in a new study by the North Central Texas Council of Governments. LJ re It's where to go The 30-year demographic predictions focused on Related story Movies s•' population and employment shifts from 1995 to •DFWfuture.com 2025 for cities in nine counties surrounding Dallas and Fort Worth. Town Hall Dallas and Tarrant counties will continue to fuel the region's economic engine, and by 2025 should account for 70 percent of the area's anticipated job growth,the study says. And the suburban housing boom is expected to generate still more impressive growth rates—all urban counties except Dallas and Tarrant will at least double their 1995 number of households. Stories "Households are going where there's access to jobs," said Rocky Gardiner, the council of governments' manager of research. "I think Metro: D-FW the economy is so healthy, it's not jobs leaving Dallas and going to Collin County. Both of them are having healthy growth." Columnists Metro areas: But economic experts warn that Dallas and Tarrant counties should D-FW not become complacent and rest on their job base, which is expected Arlington to grow by 1.1 million jobs. The suburban counties, which are Denton County expected to gain 500,000 jobs, already are working hard to gain Garland/Mesquite employers to woo their commuter populations back home. Metro Plus Northeast Tarrant Park Cities "They better not get lazy about being the only game in town," said Dr. Plano Lyssa Jenkens, senior researcher for the Dallas-based M/PF Research • 1N•is http://dallasnews.com/metro/119709J,opulation_28m.h 7/28/00 LLu11uall..vY J.�.Ulll. 1V1<.L1U rags z Ul J Inc., a real estate consulting group. "Because they have real Other news: competition—from Collin and Denton counties in particular." DISD news Education Texas Lottery Some smaller cities that expect to see the biggest population Obituaries increases, such as McKinney in Collin County, are devising plans to Traffic report lure back commuters. TAAS results database 'The next bubble' Your views "We're certainly the next bubble in the Dallas-Fort Worth area," said John Kessel, McKinney's director of planning, whose office is already Metropolitan forum looking at how to create a 4,200-acre employment area similar to Legacy business park in Plano or Addison Circle. Feedback Thoughts?Suggestions? McKinneyis expected to add 98,480 people by2025, a dizzying 362 Contact the the Web desk Percent inrease.The number ofj jobs here is expected togrow editors or Web site P J P by editors 28,600. "One of the things you have to think about in the next 20 to 30 years ... as population grows in the central business districts of Dallas,the commutes just get more and more difficult," Mr. Kessel said. To arrive at its 30-year forecast, the council of governments used 1995 as a starting point. Researchers spent the last three years studying housing and job data for nine urban counties: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant. The analysis took into account growth trends over the last five years, location of vacant land and how it could be developed, its proximity to utilities, and good roads and highways. The study did not factor in an economic downturn. "I don't have a crystal ball," Mr. Gardiner said. After scanning the data for trends, the statisticians estimated population, household and employment increases. The study is available on the Internet at www.dfwfuture.com, which will allow users to create maps and reports from the data. By 2025, the nine-county area's population is expected to grow by 2.8 million residents—nearly 69 percent—to 7.08 million people. Tarrant and Dallas counties make up 49 percent of that increase. Collin constitutes 20 percent of that growth, followed by Denton with 16 percent. Researchers at the Texas State Data Center at Texas A&M University, looking at the 16-county region that makes up the council of governments, earlier estimated that the area will grow to 10.7 million people by 2030. The council of governments' study found that Dallas and Tarrant htt ://dallasnews.com/metro/119709 o ulation 28m.htm P P _ N 7/28/00 uauawucwJAu11i. 1ViGL1V rLigu .J W. 3 counties will retain their hold on regional population and employment. "Their lead is so strong that even if they grow by 1 percent and the suburbs grow by 100 percent ... [Dallas-Fort Worth] will add more jobs," Dr. Jenkens said. Airport's role Most of the growth, as reported earlier in similar population studies, is tied to Dallas/Fort Worth International Airport, which more than 25 years after it opened has grown into a major economic force. It has boosted population and jobs in the suburban reaches and the central business districts of Dallas and Fort Worth. "Downtown Dallas is no longer the center of this world," said Dr. Jenkens, who earned a doctorate in economics. "The Dallas/Fort Worth Airport is." In Fort Worth, there's the added factor of Alliance Airport, on the city's northern side, which is expected to help fuel the city's estimated 70 percent job increase. "It's just been a great draw," Mr. Gardiner said. [Metro: D-FW I Metro columnists I Dallasnews.com] ©2000 The Dallas Morning News This site is best viewed using Netscape 4.0 or IE 4.0. http://dallasnews.com/metro/119709 population_28m.html 7/28/00 J lal-1G1Gpalll.V.0111 I LVGal 1VGwS 1 a6G 1 vl 'T • AARCHIVES 1ISUBSCRIBE IHELP MFEEDBACP SEARCH Updated:Thursday,Jul.27,2000 at 23:20 CDT Population forecast calls for more growth; Study sees WIPPRIP big gains for Keller, Flower Mound and Southlake GED ARCHIVES Bryon Okada METROPLEX NEWS: By rY •FORT WORTH Star-Telegram Staff Writer •ARLINGTON •NE TARRANT •HOMETOWN STAR Keller will have a population of 58 750. Southlake will have TEXAS NEWS P P r AP NATIONAL NEWS 32,550 residents. And Flower Mound, which has 51,300 AP WORLD NEWS GOVERNMENT NEWS residents, will build out at a whopping 88,650. •ELECTION 2000 •RESOURCES TECH NEWS By 2025, the Metroplex and surrounding counties will swell to 7 NEWS AUDIO WEATHER rr'illion residents from 4.9 million today, and some of the biggest ROESTRES RELLA WA RRIOR jlns would be in Northeast Tarrant and southern Denton LA LA counties, according to a population forecast issued yesterday by BUSINESS - the North Central Texas Council of Governments. _1, . _I , CAREERS STOCKS "The trend is continued abundance and all the good and bad that FUTURES COMMODITIES comes with that," said Bob O'Neal, director of research and ECONOMIC UPDATE information services for the council of es governments. "Challenges MORTGAGE RATES g for local governments will be to find the resources to build the SPORTS infrastructure for the 2 million people that are coming to North FAN CENTRAL: Texas in the next 20 years." •COWBOYS •MAVERICKS •BRAHMAS Cities such as North Richland Hills will have more than 80,000 •STARS residents, up from 56,250 today. •RANGERS •COLLEGES THE SPORTSL GOLF Fort Worth, which has 516 150 residents, wi!! have a population THE ZONE r P P RECREATIONAL of 675,600, according to projections. RODEO THE LINE Some forecasts, such as those for Colleyville and Keller, made LIFE&ARTS city officials cringe. WEDDINGS era NETROPLEXH NEWS "They may be using old assumptions, before the changes were TRAVEL made to the master plan," said Clayton Husband, Colleyville FAMILY DAY development coordinator. "Now, the citywill put a lot more land PUZZLES&GAMES P FOOD into the commercial category." HOME&GARDEN JUST GO&STARTIME •ENTERTAINMENT The council of governments' bursting-at-the-seams growth •TV LISTINGS •BOOKS projection, a study that covers 1995-2025, takes into account •D N• MNG the "remarkable recovery and reinvention of the regional •HOROSCOPES economy in the late 1990s." •SOAP OPERA NEWS •PERSONALS LOTTERY Also accounted for is that population forecasts in recent years TODAY IN HISTORY RELIGION have not matched reality. OPINI• ONS They were not even close. EDITORIALS ENDORSEMENTS LETTERS With all that growth and the drive to make Dallas the site of the CHEERS&JEERS 2012 Olympics, planners need as much fair warning as possible. http://www.star-telegram.com/news/doc/1047/1: 0 100.html 7/28/00 D1a1-1 CIC�1a111.1..U111 I LUl:a1 INCWS rag'C L 01 Y CYBER-COLUMNISTS COMMUNITYThe council of governments figures are used by municipalities to •.•- plan for future roads, waterlines and sewer lines. Forecasts also CLUBS&ORGS are used as justification for funding. U.S. Census population CECD GARAGE SALES VIRTUAL TEXAN estimates are taken once every 10 years. Council of SPELLING BEE governments estimates, which are updated eachgive USER'S GUIDE ,p BIRTHS planners a status report on where they stand. WEDDINGS OBITUARIES "We don't have a perfect crystal ball," O'Neal said. "We don't RESOURCES know how wide-ranging changes in technology will affect the NEWS STAFF way people work, where developers will have a large-scale ONLINE STA STAFF development. What we do know is here's how people have lived CONSUMER and worked in the past, where the vacant land is, and the RESOURCE policies and plans local cities have in place." EVENTS HOMEPAGES JOBS For municipalities such as Flower Mound, the population MAPS/DIRECTIONS projection fits nicely with town sentiments. MARKETPLACE N.I.E. NEW HOME NEWSLETTER NETWORK "It sounds like COG's figures are in line with our projections," PHOTOSALES Mayor Lori DeLuca said. "The land use portion of the town's PRESS PASS START WITH US! master plat, was adopted in 1999. At that time, the town SYSTEM STATUS projected that future population would be between 87,000 and DFW.COM 92,000." TOOLBOX ' S. INTERNE EXPLORER p In Grapevine, projections the are in line with what cityofficials NE REALPLAYER G2 have been saying for several years. Grapevine's current VIEWING TIPS population is estimated at 39,300 and by 2025 it is expected to be 43,650. City officials said that Grapevine will reach residential "built-out" in about five years, after which residential growth will be nominal. The city has vast amounts of undeveloped acreage, but most of it is pegged for commercial and industrial development. Southlake officials projected that their city will grow a little faster and a little bigger than the council of governments estimates. Southlake was the fastest-growing community in , M — Tarrant County for most of the 1990s. The city grew by more ImproveNet than 10 percent a year during most of the decade, to about 22,500 today from 7,200. City officials estimate that Southlake's population will be 35,580 in 2018. Council of governments estimates a population of 32,550 in 2025. By the city's estimate, Southlake will surpass the council's projection in 2010. "It looks like they're underestimating it. Of course, all that's subject to change from one year to the next," said Greg Last, economic development director. Officials from other cities said that some of their policy changes {a< -:, have not been taken into account. ,; Sisontmg the Oci lord For example, in Keller, new land use and zoning policies project a build-out population in the low 40,000s. The council of governments' projections show a 2025 population of 58,750. acessl Keller has a current population of 26,300. http://www.star-telegram.com/news/doc/1047/1:N 52 .html 7/28/00 Star-Telegram.Com l Local News Page 3 of 4 "No way, not as long as I'm involved," said Pat McGrail, Keller mayor pro tern. McGrail did say that what Keller wants now may not always be the case. "Let's face it, I'm not going to be around forever," McGrail said. "Someone could come in and change our land use plan." According to the council of governments report, Colleyville will grow to 37,550 residents by 2025 from 17,750 today. But Colleyville officials said that number might be based on old data. The city updated its master plan in 1998 and changed some land use areas from housing to commercial development. Many of those areas are in northeast Colleyville. Beforethe change in the master plan, the population was expected to be 35,00r or more, city officials said. But with the changes, Colleyville is planning fewer houses and expects population to max out at 25,500. The council of governments' estimates reflect what municipal plans show on the ground at the time of the study, O'Neal said. Policies change, which is why a new long-range forecast should be expected in about three years. "A city may in its own wisdom change its policy on density and change the outcome," he said. "We've had that in other cities, like Southlake and Flower Mound, who said unrestrained growth is not good." Staff writers Gordon Dickson, Monica Mendoza, Mike Lee and Mitch Mitchell contributed to this report. Bryon Okada, (817) 685-3853 Send comments to okada_©star-telegram.com WHAT DO YOU WANT TO SAY? SEND US YOUR THOUGHTS.) 501 Please type your e-mail address here SEND " INCLUDE YOUR ENA3lADDRESS II YOU WOULD LIKE A REPLY. 11 .ARCHIVES SAO2 srtrucrnrnr http://www.star-telegram.com/news/doc/1047/1:NE52/1:NE520727100.html 7/28/00 3La1-I C1GgId111...U111 I LULdl 1VGWS rage U1 '+ V VDV VAS YL iiHELP i1FEEDBACK Send this page to a friend 'Type your address her'To:[Type recipient addres '`Mail It! I From: For home delivery of the Star-Telegram,dial(817)DEL-IVER. ©2000 Star-Telegram,Fort Worth,Texas—Terms and Conditions Serving the online community since 1982! ;NO 12, http://www.star-telegram.com/news/doc/1047/1:NE52/1:NE520727100.html 7/28/00 In the year 'i Population f2025orecast Population estimates for selected Metroplex communities. 1995 2025 fArlington 279,100 438,500 calls or more rowt Bedford 45,700 55,400 Colleyville 16,200 37,550 Euless 39,750 62,550 Flower Mound 29,550 88,650. Study sees big gains for Keller, 4.9 million today, and some of the biggest Fort Worth 458,150 675,600 gains would be in Northeast Tarrant and Grapevine 32,850 43,650 Flower Mound and Southlake southern Denton counties,according to a pop- Haltom City 33,350 38,250 ulation forecast issued yesterday by the North Hurst 35,450 39,300 BY BRYON OKADA Central Texas Council of Governments. Keller 18,100 58,750 Star-Telegram Stan Writer "The trend is continued abundance and all N.Richland Hills 50,300 82,750 Keller will have a population of 58,750. the good and bad that comes with that,"said Richland Hills 7,800 11,650 Southlake will have 32,550 residents.And Bob O'Neal,director of research and informs-; Southlake 13.350 32,550 Flower Mound, which has 51,300 residents, tion services for the council of governments. WataugaTraphy Club 4,000 8,900 will build out at a whopping 88,650. "Challenges for local governments will be to 21,000 28,550 pp g g By 2025, the Metroplex and surrounding fmd the resources to build the infrastructure SOURCE'North Central Texas of Governments counties will swell to 7 million residents from (More on GROWTH on Page 25A) • GROWTH figures are used by municipalities after which resi-ential growth Keller wants now may not to plan for future roads, water- will be nominal.The city has vast always be the case. lines and sewer lines. Forecasts amounts of undeveloped acreage, "Let's face it, I'm not going to, From Page IA also are used as justification for but most of it is pegged for com- be around forever,"McGrail Said, funding. U.S. Census population mercial and industrial develop- "Someone could come in and the 2 million people thatestimates are taken once every 10 ment. change our land use plan." for are years. Council of governments Southlake officials projected According to the council-of coming to North Texas in the next 0 to estimates, which are updated that their city will grow a little governments report, Colleyville: Cities such as North Richland each year, give planners a status faster and a little bigger than the will grow to 37,550 residents by, "'ls will have more than chland80,000 report on where they stand. council of governments esti- 2025 from 17,750 today. ,. K ` "We don't have a perfect crys- mates. Southlake was the fastest- But Colleyville officials said . idents,up from 56,250 today. tal ball," O'Neal said. "We don't growing community in Tarrant that number might be based on''• Fort Worth,which has 516,150 know how wide-ranging changes County for most of the 1990s. old data. The city updated,its`'. residents, will have a population in technology will affect the way The city grew by more than 10 master plan in 1998 and changed of 675,600, according to projec- people work, where developers 'percent a year during most of the some land use areas from hous- lions. will have a large-scale develop- decade, to about 22,500 today ing to commercial development. ' Some forecasts, such as those ment.What we do know is here's from 7,200 in 1990. Many of those areas are in north for Colleyville and Keller, made how people have lived and City officials estimate that east Colleyville. - city officials cringe. worked in the past, where the Southiake's population will be Beforethe change in the'mas They may be using old vacant land is, and the policies 35,580 in 2018. Council of gov- ter plan, the population w ,aesu : weremmades, before th o the eec pageslan," and plans local cities have in ernments estimates a population expected to be 35,000 or.tire, place." of 32,550 in 2025. Bythe city's cityofficials said. But wi the°• said Clayton Husband, Col- y�, _ 4 For municipalities such as estimate, Southlake will surpass changes, Colleyville is plat>tt% leyville development coordinator."Now,the city will put a a lot more Flower Mound, the population the council's projection in 2010. fewer houses and expects popula- .' " o into the commeut catego- projection fits nicely with town "It looks like they're underes- tion to max out at 25,500. , sentiments. timating it. Of course, all that's The council of governments' ry "It sounds like COG's figures subject to change from one year estimates reflect what municipal The council of governments' are in line with our projections," to the next,"said Greg Last,eco- plans show on the ground at the, bursting-at-the-seams growth Mayor Lori DeLuca said. "The nomic development director. time of the study, O'Neal said. projection, a study that covers land use portion of the town's Officials from other cities said Policies change, which is whyar. 1995-2025, takes into account master plan was adopted in 1999. that some of their policy changes new long-range forecast should the "remarkable recovery and At that time, the town projected have not been taken into account. be expected in about three years. reinvention of the regional econ- that future population would be For example, in Keller, new "A city may in its own"wis- omy in the late 1990s." between 87,000 and 92,000." land use and zoning policies pro- dom change its policy on density- Also accounted for is that pop- In Grapevine, the projections ject a build-out population in the and change the outcome," he. ulation forecasts in recent years are in line with what city officials low 40,000s.The council of gov- said. "We've had that in other have not matched reality. have been saying for several ernments' projections show a cities, like Southlake"and Flower They were not even close. years. Grapevine's current popu- 2025 population of 58,750. Mound, who said unrestrained, With all that growth and the lation is estimated at 39,300 and Keller has a current population of growth is not good." drive to make Dallas the site of by 2025 it is expected to be 26,300. Start'writers Gordon Dickson,Moei the 2012 Olympics, planners 43,650. "No way, not as long as I'm lea Mendoza,Mike Lee and Mitch d as much fair warning as City officials said that involved," said Pat McGrail, Mitchell contributed to this report.: >sible. Grapevine will reach residential Keller mayor pro tem. It The council of governments "builtgram.com -out" in about five years, McGrail did say that what ryondo(kada,iB` 685-3853 • toe F i w = ,. ..______ ... .... , . - City of Southlake L--___ - Department of • thlake p Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-053 PROJECT: Tract 3H, Thomas M. Hood Survey,Abstract No. 706 REQUEST: James E. Glover is requesting to rezone 2.86 acres from "AG" to "SF-1A" ACTION NEEDED: Consider second reading of the rezoning request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners (D) Ordinance No. 480-348 STAFF CONTACT: Karen Gandy (Ext. 743) Case No. Agenda Item ZA00-053 7A BACKGROUND INFORMATION OWNER/APPLICANT: James E. Glover PROPERTY SITUATION: This is a 2.86-acre tract set approximately 450' east of the North Peytonville Avenue right-of-way. There is an existing 50' road easement serving this lot, and the developed residential lots to the south and west of this tract. The Coventry Manor subdivision(PUD#7)is located along the eastern boundary of this tract. The property to the north and west of this tract are zoned"SF1- A". The property to the south is zoned"AG". HISTORY: This parcel is contiguous to the east of the Burger Addition which was platted in 1980 creating a one acre lot as a"gift of love." It is our understanding that Mr. Burger owned the platted lot and the unplatted parcel under consideration,which he sold to Mr. Glover in 1997. LEGAL DESCRIPTION: Tract 3H situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 2.86 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District NOTICES: Nine (9) notices were sent In Favor Opposed Undecided Letters with Comments Within 200 Notification Area Outside 200 Notification area P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other 1 P&Z ACTION: July 6, 2000; Approved (7-0). COUNCIL ACTION: July 18, 2000; Approved(7-0) First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a concept plan review by staff. Staff is currently processing a plat of this tract(ZA00-054). N:\Community Development\WP-FILES\MEMO\2000cases\00-053Z.doc Case No. Agenda Item Attachment A ZA00-053 7A Page 1 Vicinity Map Tr 3H, Thomas M. Hood Survey, Abstract No. 706 411N■ 111 10-\\\ awn— I m_ L 4■■•■■■n �■� �! .��■■■■■■►�ii■■■■bI-_-,4 . J 11 11,■■Mini .■■■■■■:��111l11119111 :( �1�-- 3■■:�" ! ' lLI::::raNriVX ML Mimi 1.11IMAWVIIV■1174-adiedzini- . Ng, .9 isamm._ -,z. Dim inkowom— _kik witqw/lia..---M..aIrmir,''•4* Ammo=1111W 1' gip. Mgt IlkillallitN0111m4". k OMEN mmimile •`---.TOPMIlirik . ots 1116AP' alli 9.1k1.:2— 4111111111IM7r ii ' ' Iimi Mir n'I' - 1111 !VW ir VIM am I li AZ i.-- 'Z' 111111111111116441.14ibirillill -1110 2 : ■ma ,o tr tefimio�r_ �.�T1'�mtwr pi riff 1! V _:va:illy.■►timeiv.•`:' AlIllkdillIllm tan. mliginamoss Min t .�4•$#u.im ,..:s Auurl'vi IiJLI . . �. � �II BS�M � ��.� __1M11 - ::' ; :i�► .E o�: : ►, ,• m .r.111 ♦ �� � � ��n 90 • o : : ;41• %Tu �; 2000 0 2000 Feet N A‘... W - � E S Case No. Agenda Item Attachment B ZA00-053 7A Page 1 Surrounding Property Owners Tr 3H, Thomas M. Hood Survey, Abstract No. 706 1.11 MB -��illp rST AK � �ON1 114111111111111 illi Sill .imm.ice Irlik ► .111PridWMINNINEEN MI MOUE IIII 4111F"- t., 'Pug*'.11.W 4,11=1 . fill NNW KAMM Mill MI B Millio 4 II. 9 6 7 sn= 11 n lOori 1111 lit ► At III *.?_4 _.WaL ■ A.mulleipill, i ,inim, ,• '-c- 1 V----- . Property Owners Zoning Land Use Designation Acreage 1. D. Moilan 1. "SF-1A" 1. Low Density Residential 1. 1.00 acres 2. W.Lake 2. "SF-1A" 2. Low Density Residential 2. 2.94 acres 3. London Green Inc. 3. "R-PUD" 3. Low Density Residential 3. 1.00 acres 4. D. Spickler 4. "R-PUD" 4. Low Density Residential 4. 1.00 acres 5. A.Perales 5. "R-PUD" 5. Low Density Residential 5. 1.00 acres 6. G. Edelman 6. "R-PUD" 6. Low Density Residential 6. 1.00 acres 7. P. Boitmann 7. "AG" 7. Low Density Residential 7. 3.66 acres 8. J.Glover 8. "SF-IA" 8. Low Density Residential 8. 1.86 acres 9. R.Bradley 9. "SF-IA" 9. Low Density Residential 9. 1.00 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-053.doc Case No. Agenda Item Attachment C ZA00-053 7A Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-348 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 3H SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 2.86 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Agenda Item Attachment D ZA00-053 7A Page 1 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 Case No. Agenda Item Attachment D ZA00-053 7A Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic,and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large,the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 3H situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 2.86 acres, and more fully and completely described in Exhibit Case No. Agenda Item Attachment D ZA00-053 7A Page 3 "A" from"AG" Agricultural District to "SF-1A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Agenda Item Attachment D ZA00-053 7A Page 4 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. Agenda Item Attachment D ZA00-053 7A 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 ,2000. MAYOR ATTEST: CITY SECRETARY Case No. Agenda Item Attachment D ZA00-053 7A Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Agenda Item Attachment D ZA00-053 7A Page 7 EXHIBIT "A" PROPERTY DESCRIPTION: - Tract I: Lot A-R, Block 1, BURGER ADDITION, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1516, Plat Records, Tarrant County, Texas. Tract II: Being a lot, tract or parcel of land in the T. M. Hood Survey, Abstract No. 706, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 5/8" iron pin found, said point being, by deed call, East 24.0 feet, South 1585.7 feet and North 89 degrees 20 minutes 30 seconds East 445.95 feet from the Northwest corner of said T. M. Hood Survey, said point also being the Northeast corner of said Lot A-R, Block 1, Burger Addition; THENCE South, at 281.96 feet a 1/2" iron pin found at the Southeast corner of said Lot A-R, in all 306.96 feet to a 1/2" iron pin found for corner; THENCE East, 397.37 feet to a 1/2" iron pin set for corner; THENCE North 02 degrees 07 minutes 56 seconds East 311.88 feet to a 1/2" iron pin found for corner; THENCE South 89 degrees 20 minutes 30 seconds West 409.0 feet to the POINT OF BEGINNING and containing 2.86 acres of land, more or less and being the same Vo lume of land recorded in 6024, Page 608, Deed Records, Tarrant County, Texas. TOGETHER WITH THE INGRESS/EGRESS EASEMENT DESCRIBED ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. F15. Case No. Agenda Item Attachment D ZA00-053 7A Page 8 w _ __z__... . . City of Southlake - Department of •uthlake p Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-043 PROJECT: J.I.L. Custom Cabinets REQUEST: J.I.L. Custom Cabinets, Inc., is requesting a Site Plan in order to construct an additional 6,050 square foot building on Lot 2, Block A,North Davis Business Park. ACTION NEEDED: 1. Conduct public hearing 2. Consider Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer Comments (F) Surrounding Property Owners (G) Blue Line copies (for Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-043 7B BACKGROUND INFORMATION OWNER/APPLICANT: J.I.L. Custom Cabinets, Inc. PROPERTY SITUATION: Lot 2 is situated in the northwest corner of North Davis Business Park on Greenwood Drive. It is approximately 224 feet east of Davis Boulevard. It is adjacent to agriculturally zoned property to the west and north. Southlake Woods Phase III, a medium density residential development, is located approximately 800 feet east of the northeast corner of the property. This site is subject to residential adjacency standards due to its proximity to property having medium density residential land use designation. The property is approximately 30 feet from residentially designated property. The proposed building is approximately 215 feet from residentially designated property. HISTORY: In March 1986, Ord.No. 324 was approved annexing North Davis Business Park into the city. While in the city's extraterritorial jurisdiction, the final plat was approved in February 1986. The property has been zoned Industrial since annexation. The original construction was conducted in 1997 prior to residential adjacency regulations and was not subject to City Council approval. LEGAL DESCRIPTION: Lot 2, Block A,North Davis Business Park, being approximately 1.38 acres LAND USE CATEGORY: Industrial CURRENT ZONING: "I-1" Light Industrial District NOTICES: Eleven(11)notices were sent In Favor Opposed Undecided Attached letters Within 200 Notification Area Outside 200 Notification area P&Z SPEAKERS: None P&Z ACTION: On July 20, 2000, the Planning and Zoning Commission approved (6-0) subject to Site Plan Review Summary No. 2, dated July 14, 2000, and allowing the variances as requested but requiring the dumpster be screened as required in the industrial district,with a six-foot tall screening device. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated July 28, 2000. The following variances are requested: • To allow existing parking spaces to encroach approximately five feet into the north bufferyard. Case No. Agenda Item Attachment A ZA00-043 7B Page 2 • To allow a separation of 53' from the adjacent driveway to the east where 100' of separation is required. • To allow a trash receptacle with no screening device. • To allow no articulation on the proposed building where all four sides are required to be articulated due to residential adjacency. N:\Community Development\WP-FILES\MEMO\2000cases\00-043SP.doc Case No. Agenda Item Attachment A ZA00-043 7B Page 3 ., VicinityMap J . I . L. Custom Cabinets - u m►�� 11 6 aim . .1 W0 1 11 4a1fi ►�• .4 . 4 lj Sw■ c. c� em - � 156, L as r 3ftI ''''.%Ali _4 • ,;Ir II EiElt I, -:,:r=ig 7 i. jail liar 7 • -v... wail l'. in apm, gi, 4..... - 1111 Immirmpi .....- 1; �� um /I����rlval I1��� it ry•i., o01w11s1a1l iMk I orwM*i: ifI•Io Man11p0- N► ■ ,►//•► tn.!/ law- IIP 1 ill ,,; ..glint ni&Nth:iiMicwit- fimelatliriva:mbinaidardelleilpio go 3 -11• 1•1M w filFzrrclrer;fit o • r.: OOD 1■■E.m aE:\■I■\�■\�k1��##�� i ice` 1pa Minn ■9 .40 t ■■■♦■as♦i,%• •♦•► _ ■e ■� •' 2 �•■ 101,4i M►1•r.I:a�:i!,:Tiro psi = r Jlr�il 1111► ■�� 1 .. 1 ;1;2 - ip.,m,v,. .04...r. Awn n on KELLECITY OR mumII""wl*'� mesh• ,•�1��.1,4 .musey,4? Air 11111r CITY OF COLLEYVILLE 2000 0 2000 Feet N A19:.............W / E S Case No. Agenda Item Attachment B ZA00-043 7B Page 1 LAD.•AXED USE /11� 210M10•AGRICULTURAL N l 1 LOT.TR IA MIST GAu O M(d6a) . To TMS 6'TALL mice /EXI5TAID PAFKMtl O �� / fD`AGECJC AAV rrelrvY914T: , 'I r. x L ._ __--- �� _/ / _-- ego �, N M•4Tp0'G 31SA4' 'N and Q_ ...a_ _L_1——_— Y.. — —_ �T` I / 7 FIRE 3FRI/K1.6t f b53 -0'L 175i a ( 1 ya '\ i -,"CONMECTIGN,-- / "$ -1014 11Y91 :. 4 EXISTING BUILDING : i 1 1 1 - I — I 6f2 0 O L� 'I' IC 15.-6.x 12S-4. (OPE STORY) 9.464 S.F. 1► 9 .::f I I ; MXISTING BUILDING y ;i / I Q-1,1t '��y6llyi cusrO9 GA91FEr FABRICATION COMPANY M F- F I' ' FF..664'J' �j O ry o g✓ III:, ASSEI$Y.STORAGE AND OFFICES EA ::k wD.• INDUSTRIAL N F / \- _I Z Z i ] y� uNla I j-C Z ..J3 ... W M1 t �. ZOIMNB•I I INDUSTRIAL R 1 l6 , < , --1� a) • O Q p LLD.•AXED US! Rg (] •,[ LOT 5.BLOCK A,NORTH 0A .(. ZZ S 1. l41 �$ ZpSNB•/dRKAL.I,AL / 9'x IS.rYP. EXISTIN1S MALL M0.NTED::: DAVIS BUSSES PARK It `t LOT,TR SS '" PARKINS SPACE AREA LISNT,rYPK.AL 9S I O SO EXCIV.NBE LIMITED ravxR) $' 651 511 24R C 1 /. I 2 �„� ``IQ 1 �l1 I IAA / -mayg. vi „�:::' HE i aMe LOT 2 CLEANOUT I::::� I „ (� �,M1° EwsnNS CONCRETE PAVms �1\ . n 1�/El Q ...I I BLOCK A I::::E ' 8 / ---'-- _S/aFPI N6AMDE0 IC F=R //�� - \ OF NORTH DAYS i __ _/ O _ L aueReee PARK I ODZ I, I PIPE SPRI KIHR/� �4 I� n 35>� I ... I I O 9 `y I .r i J. y /Y'coraecnoN d \ I`I' Q B SPACES / 651 _. �� adite r aA`sSTec '�• � •••• A ''F=.". E109i1N6 / alp ' 4.is 110,0' / I \ .: 1 OS0� �4 I "trail-�`�/81 COIYRGTE PAVING -� ■_A.s4 = -DRIVE �J _ K g F. rR,01'OeGD BUILDING 6°R: 1'' A —.� Slow+SHADED "�r u `. y BOLDING Mg1NT•• 32 55'x 110' (ONE STORY) 6050 SP. I I` y e EXTERIOR LIMI ,", tT CUSroM GAd1ET FABRICATOR COMPANY J EwsTweo 649 '� rR01'OStD BUILDING w /y `"6's. M1<Y M1 Q; .. 7 A56@'BLY.STORPEE AND OFFIC05 1 °ft '�'"S T` �" �.I 1� / / 5S'O' f FP. • •6515' Jr W A�• ••• RESIDENTIAL ADJACENCY REWIRES In R=50' Z MASONRY CONSTRUCTION. ERICK TO I a�n L=1'T30' grip 0 �. . MATCH EJOSTINS IS PROPOSED i w�me p 1.-"----- I MIMES ^^"�'f z y: -- - -- +" 6RQNFIOOD DRIVE z — _64 64e — , i .4' 7„ ° _ 647— ` FIRE SPRINKLER LML INS A Use ;45.W WSW R=50' i0o. WIDTH VARIES N 51.51'45'W 18136' - VMA.T Lot .A6RKALTWAL N D'1• L=4130' Ioo'DIAMETER CUL-DE-SAC a q 1 i I toM.1 I^ SITE PLAN E rr n 6RADINSNTILITY PLAN \� ! I"c 20' LAD.• MDU5TRIAL I'c 20' `�` I 8010 A FORRRI DAVI* \ IER V�AL1 F t O 10 20 30 PARK - p .J eLANrace HILL(oreay /LED.• SR SPECIAL/ F -e a 1 DOISM•pD1PJ1RlK i LOT PC BLOC NORTH DAVIS n K 4 SITE DATA SYMBOL LGOGND EuSIMBe CURDS KI (01.04 SUMMARY CHART-BUFFeRYARDS APPLICANT NO P110PEtTT'CRIER. RODeERS MILER BBLDMB Af1FA IS754 5t. rc pcnovon LAO 91 SPACE(GRASS)AREA LOCATION 1-ENBTN TYP! CMIOPY ALGBR SIRIB6 FENCE WARREN*B PROJECT NAME 11O ERS MI O,ApK19 C-• I WM TREIM WSW 1 MATERIALS JIL-2001 EMSTIN9 BALDRB AREA 9464 SP ]BO•ImiRCOD DRM PROPOSED 161 BULDIN6 6,454 SF. G'/;i LAl75GAPE fSATEt YARD NORTH RECURBJ ID4' 10 TYPE f-1' 6 12 N, SOSTPC 6'FENCE REASIAIA rn"-A R•7FXA7'b09] PAM)N6 QrOE(1,900) I 1 N6I PAVMb FRONDED EH 1a TYPE -T • I2 M TO REMAIN SITE (Of')GNU 421- PAX GNU 421-]041 1`]USTAC 62S SP. EAST REQUIRED 161' S'TPE'A' 2 { N NO! PROPOSED USE, CUSTOM GARNET r81 I P - — 1 TNRY I0SISER44 PROVIDED IDI' S.TYPE'A' 2 4 16 PAORIGATICS TOTAL 2XX0 5P. 1 SPACES —x— II DENGROBO HATER LII! E)99TNB ZCNSK. I I.Ilpl'TRIK SC ITN ED MO 5'TYPE'A" 2 4 16 •'PRICE EXISTMB ON i E REE HAREM IWASSISSLY 11.1000) PROVIDED ITV 5'TYPE'A' 2 4 16 ADJACENT PROPERTY MICM`IS-E W100D LLD. ADUSTRIAL !MST. SAGA SP. BENCH MARK 5!0o GROSS,I NET 19O ACRES, b0221 SP. WM 5029 SP. 61.5 14010 90 NO.42 PEST REQUIRED 296' ICY TYPE F-I' 1 M 21 EXIST6tl 6'14910E 011111 R OP BUILDS*SITE COVERAGE 26 R TOTAL 130'J6 SP. 14 SPACES LOCATED 1125'NORM CP T!INTERSECTION OF PROVIDED 226' 1Y TYPE 4.4' T M T TO REMAIN AREA Q OPEN SPACE 0250 SP. MICR PARKINS RECORD 21 SPACES HPVATION• •ULR•6 ' BLVD.AIO DAVIS BLVD. LA 09000!APP'ERYAR0S 19IJ.B!METALLED ACC.ORDMB TO CITY REDARROTS. RCP OPEN SPADE AREA 62• PARK616 R1W1p® ]I SPK1'S xT 6RE$IBRIAR INFERNO*COVERAGE, 54 N 52561 SP. SITU NOTGa: SUMMARY CHART-INTMIOR LANDBGAAG F! LOADINS SPACES PROVIDED 2 SPAG S-ID x So SUPPER TARO PROVIDED 5.406 SP. 2 54704 0-NT x 25' I. 1RAFFIG ANALYSIS I PACT HAS 8E01 MANED BY REOARED OR LADSCAP! R OF ARCA IN CAMP! ACCENT SERBS BROAD I.L utuON C'H 'II ID TM!IN TQ IMNS YARDS AMIGIPATED 001450/104<00141 P PLA STAPP P RON0r0 AREA SOFT. FRONT or ELM TRIBES S TREES COVER S'TYPE'A`WIDE YARDS ��Pam_ $TART TN]00.7,END II/Ir1DOp 2. TREE 9R`iEY 11pT RKAATim.T11S SIZE DOES NOT HAVE REOIIIRED 5gT SP. 15S REOBRED REQUIRED MOORED RSSARED DATA INTERIOR CANT MECUM" ANY SPECI1451 TREES.ANY EXISTS*TREES PIKED ON Yti 4 5/00 SALO91I ISM ORbRN_SITE CONSTRICTION HLL R IAgSTUaDED, PARKINS e ♦)2D Z. 1RaOGATED OR(rl3'LAf$l. PROVIDED 50T 9P. TSIA PROVIDED PROVIDED PROMO® PROVIDED SITE LOCATION MAR' NMGR SALONSS. NO SALONS NSW.ARE PROPOSED AT TMS TM:.ANY FUTURE ca..e.5 Tow. 5JT SP. EIILDI"e OR SITE 5101Vne MU.er AN calr0I5'WCCt MTN CITY N.T.S. TOTAL PRDVIDE� 5527 SF. S16N ORDINANCE REGUIR8-BRS AT'MAT TT.. 290 IIP O4 LAOSCARIO T se PE PARKIVIDEDNS T!R 19AS.REor)LOCATED M P PROVE YAIaD /� T j' AD 2316(420 9P.MN LOCATED M RE PARKRN6 AREAS.TI!f�N6oHt OP M SITE , ` GO�I (`i���Y' ►�9 4. EXTEINOR LENTS*HU BE axon S NORM,AEA USN'S. OPEN AREA SE ORA65 AREA MOO sr.). �4 10 ! j P fry iC' SP -I . 1[CD A1' _. 0 2VC0° ]NET n SITE PLAN REVIEW SUMMARY Case No.: ZA00-043 Review No.: Three Date of Review: 07/28/00 Project Name: Site Plan—J.I.L. Custom Cabinets, Inc. APPLICANT: ARCHITECT: J.I.L. Custom Cabinets, Inc. R. Victor Blood, Jr. 2150 Greenwood Drive 530 Bedford Rd., Ste 108 Southlake, TX 76092 Bedford, TX 76022 Phone: (817) 421-2097 Phone: (817) 282-3606 Fax: (817) 421-4740 Attn: Rodgers Miller Fax: (817) 282-3603 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/10/00 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 DENNIS KILLOUGH AT(817)481-5581,EXT. 787. General Development Standards Applies Comments Corridor Overlay Regulations N Residential Adjacency Y See Comments No.4 Building Articulation Y See Comment No.4 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comments No. 1 Interior Landscape Y Complies Driveways Y See Comments No.2 Lighting Y Complies 1. Existing paved parking spaces encroach approximately five feet into the required ten-foot north bufferyard. (Variance Requested) 2. The centerline of the existing driveway is located 53' from the centerline of the adjacent driveway to the east. Driveway Ordinance No. 634 requires a separation of 100'. (Variance Requested) 3. There is no screening shown for the trash receptacle. It is required to be screened with an 8' masonry wall, similar in appearance to the primary structure, and a metal gate. (Variance Requested) Case No. Agenda Item Attachment D ZA00-043 7B Page 1 1 4. All four sides of the proposed building are required to be articulated due to being located within 400' of a property having a residential land use designation. No articulation is provided. (Variance Requested) P&Z Action: July 20, 2000:Approved(6-0) subject to Site Plan Review Summary No. 2, dated 7/14/00, allowing the requested variances and requiring that the dumpster be screened as required in Industrial Zoning Districts, with a six-foot screening device. * The trash receptacle and several parking spaces are shown in a 20' Access and Utility Easement along the west property line. Should the improvements interfere with the use or function of the easement, a party with legal right to utilize the easement could require the encroaching improvements to be relocated at the property owner's expense. * Although not required by ordinance, staff would appreciate placing the City case number"ZA00- 043" in the lower right corner for ease of reference. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Rodgers Miller VIA FAX: Above Victor Blood VIA FAX: Above L:\COMDEV\W P-FILES\RE V\#SPLAN-l.WPD Case No. Agenda Item Attachment D ZA00-043 7B Page 2 JIL CUSTOM CABINETS, INC. 2150 Greenwood Dr. LTIL Southlake, Texas 76092 (817) 421 -2097 VARIANCES REQUESTED: 1. Building Articulation All sides of the new structure are required to be articulated because one tract zoned residential is near this property. We are requesting a variance to this requirement because: a. The building owner does not want a building that does not match his existing building. b. The property on either side and the other sites in this development are non- articulated buildings. c. The new building will have very little visibility from the residential tract. d. This property is not on a major thoroughfare. It is located within an existing industrial district surrounded by industrial buildings. 2. Driveway Separation The driveway to this property is located less than 100' on center from the adjacent driveway to the East. a. The driveway to this property is existing and was paved before the adjacent driveway. b. The street frontage of this lot is located on what is essentially a cul-de-sac and any location on the property will be less than 100' on center from the adjacent driveway. 3. Dumpster Screening The ordinance requires an 8' tall masonry screen with a solid metal door. a. The dumpster is located so that it is in the rear of the site and is not visible from the street. b. The existing industrial uses in this development do not have unscreened dumpsters which are visible from the street. c. Dumpster size requirement is minimal for this site at this time. 4. Parking in North Buffer Yard The 4 parking spaces in the North buffer yard are existing concrete paving and were approved when the original building was constructed. E'DJUN 302000 Case No. Agenda Item Attachment E ZA00-043 7B Page 1 Rodgers C. Miller, II 2150 Greenwood Dr. Southiake, Texas 76092 April 10, 2000 To Whom It May Concern: Within the past 3 years our company, JIL Custom Cabinets, has experienced some growth. The proposed building to be located at 2150 Greenwood Dr. would be helpful for future expansion & storage. Thank you for your time. Sincerely, Rodgers C. Miller, II JIL Custom Cabinets, Owner Case No. Agenda Item �C A p R 10 2t9 1chment E ZA00-043 7B [1C Page 2 Surrounding Property Owners J.I.L. Custom Cabinets L _i__ . 0 ....... ,... ,,,,\,. „tcre,,,,i,d i . , __, a aI 3 I 4llf kFL J 10 4 RE+NWO•t I -7-3 nor go,. -71: - - I -- ______ n___ MTA 7---1 t, ,s, Property Owner Zoning Land Use Designation Acreage 1. P. Goldsberry 1. "AG" 1. Mixed Use 1. 0.50 acres 2. B. Dudley 2. "AG" 2. Mixed Use 2. 0.36 acres 3. P. Calhoun 3. "AG" 3. Mixed Use/Medium Density Residential 3. 13.3 acres 4. SLJ Exchange Ltd. 4. "I-1" 4. Industrial 4. 1.15 acres 5. C. Kidwill 5. "S-P-1" 5. Industrial 5. 0.79 acres 6. Davis Industrial Partners,Inc. 6. "S-P-1" 6. Industrial 6. 0.79 acres 7. C. Hill 7. "I-1" 7. Industrial 7. 1.28 acres 8. M. Hall 8. "AG" 8. Mixed Use 8. 1.03 acres 9. B.Zvonecek 9. "AG" 9. Mixed Use 9. 0.59 acres 10.B.Calhoun 10. "AG" 10. Mixed Use 10. 0.98 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-043.doc Case No. Agenda Item Attachment F ZA00-043 7B Page 1 ffig MIN ' L--___-7--, --A' MilCity of Southlake • thlake Department of Planning STAFF REPORT July 28, 2000 PROJECT: Noise Ordinance Amendment ORDINANCE NO: 480-KK REQUEST: Consider an amendment to Ordinance No. 480, intended to remove the general noise regulations from the zoning ordinance and replacing them with appropriate references to Ordinance No. 778 ACTION NEEDED: Consideration of First Reading, Ordinance No. 480-KK ATTACHMENTS: (A) Background Information (B) Ordinance No. 480-KK STAFF CONTACT: Karen Gandy(Ext. 743) Ordinance No. Agenda Item 480-KK 8A City of Southlake, Texas J MEMORANDUM July 25, 2000 TO: Honorable Mayor and City Councilmembers FROM- Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: First Reading, Ordinance No. 480-KK, regarding noise provisions in the Zoning Ordinance Action Requested: Consideration of proposed Ordinance No. 480-KK regarding noise regulations in the zoning ordinance. Background Information: The Building Department proposes Noise Ordinance No. 778 to replace the current noise/nuisance ordinance. The purpose of the new ordinance is to establish measurable and enforceable criteria with respect to noise to provide for the protection of the residents and the enjoyment of their property from auditory nuisances. As a result of these changes, an amendment of Ordinance No. 480, as amended, is necessary to remove the general noise regulations from the zoning ordinance and replace them with appropriate references to Ordinance No. 778. Legal Reviews: The City Attorney's office has reviewed the current draft. Financial Considerations: Not applicable. Alternatives: May recommend such changes or conditions to the ordinance as deemed appropriate. Supporting Documents: Draft 2 of proposed Ordinance No. 480-KK which reflects the change recommended by the Planning and Zoning Commission, creating a new Section 2 of this amendment. Staff Recommendation: Present to the City Council on August 1, 2000 for consideration. Ordinance No. Agenda Item Attachment A 480-KK 8A Page 1 City of Southlake, Texas 4 P&Z Action: July 20, 2000; Recommended approval (6-0) subject to amending Section 25.5 "Development Regulations for the B-2, Commercial Manufacturing adding in the noise provision found in Section 1 of this amendment. Ordinance No. Agenda Item Attachment A 480-KK 8A Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-KK AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING CERTAIN PROVISIONS REGARDING NOISE; 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 Texas 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. Sections 24.10, 26.8, and 27.8 of Ordinance No. 480, as amended, are hereby amended by revising paragraph (a) thereof, respectively, to read as follows: "a. Noise. All uses or activities conducted within this zoning classification shall conform to the maximum noise levels and requirements of the current noise Ordinance No. Agenda Item Attachment B 480-KK 8A Page 1 ordinance, as amended." SECTION 2. Section 25.5 of Ordinance No. 480, as amended, is hereby amended by adding paragraph(j) thereof to read as follows: "j. Noise. All uses or activities conducted within this zoning classification shall conform to the maximum noise levels and requirements of the current noise ordinance, as amended." SECTION 3. Section 40.4c of Ordinance No. 480, as amended, is hereby amended by revising paragraph 4 thereof to read as follows: "4. The impact of noise, glare from vehicular or stationary lights, or any other applicable performance standards on adjacent properties, as determined by any reports or studies which may be reasonably required to determine compliance with these applicable performance standards." SECTION 4. Section 43.13 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (j), to read as follows: "j. Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended." SECTION 5. Section 4 of Ordinance No. 480, as amended, is hereby amended by deleting the definition of decibel. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. Agenda Item Attachment B 480-KK 8A Page 2 SECTION 7. 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 8. 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 9. 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 10. 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 No. Agenda Item Attachment B 480-KK 8A Page 3 ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 11. 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. SECTION 12. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY Ordinance No. Agenda Item Attachment B 480-KK 8A Page 4 PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ordinance No. Agenda Item Attachment B 480-KK 8A Page 5 City of Southlake, Texas MEMORANDUM July 28, 2000 • TO: Billy Campbell, City Manager FROM: Garland Wilson,Director of Public Safety(Ext. 730) SUBJECT: Ordinance No. 778, 1st Reading, Amending Chapter 11 of the Code of Ordinances of the City of Southlake by adding Article III to define certain noises to be a nuisance and prohibit them. Action Requested: City Council consideration on first reading of proposed Ordinance No. 778. Background Information: This ordinance was originally adopted in June, 1988 as a"nuisance"ordinance. During the past several years, the city responded to several noise complaint situations and both the police services and code enforcement experienced some difficulty in resolving the complaints for several reasons under the existing ordinance. The existing ordinance also relies heavily on subjective judgement that mandates a much greater degree of evidentiary support than can typically • be achieved for successful prosecution. The Southlake Department of Public Safety conducted extensive research, including contacting the Rutgers Noise Technical Assistance Center, located in the Department of Environmental Sciences at Rutgers University. In the development of this ordinance we incorporated both objective standards and subjective provisions within the ordinance to maximize the application and enforcement capabilities. Based upon input received from SPIN representatives, senior citizens group, P&Z and City Council, there have been three minor changes to the ordinance for clarification purposes. The definition of a governmental entity was inserted to reflect whether or not Home Owner Associations would be included in the exemptions and, based upon the advise of the City Attorney, they were not included as a recognized governmental entity. There was clarification in the exemptions to permit indoor construction on Sundays if no outside noise is emitted. For purposes of seeking a special permit, the distance for notification was extended to all property owners within 200' of the property from which the noise will be emitted. We received several calls in support of the ordinance and no negative responses. Financial Considerations: Not Applicable • 8B-1 Billy Campbell July 28, 2000 Page 2 Citizen Input/ Board Review: We have discussed the general issues with several persons in Myers Meadows as a result of the recent Tetco noise complaint. In addition, we have submitted a draft copy to the SPIN group representatives and several developers for their input and comment. A copy has also been forwarded to DFW Airport at their request. No other formal group input has been received. This item was also presented to the Planning and Zoning Commission at the July 20, 2000 meeting. This item is not subject to any other Board review. Legal Review: This ordinance was reviewed by City Attorney D'Ann Drennan, who has approved the ordinance under consideration by City Council. Alternatives: Not Applicable Supporting - Documents: Revised draft Ordinance 778. Staff Recommendation: Place Draft Ordinance No. 778 on the August 1, 2000 City Council meeting agenda for first reading. GW/mwj 8B-2 ORDINANCE NO. 778 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE BY ADDING ARTICLE III TO DEFINE CERTAIN NOISES TO BE A NUISANCE AND PROHIBITING THEM; PROVIDING DEFINITIONS; REPEALING ORDINANCE NOS. 306, 424, AND 435; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council recognizes that some noises are of such volume, intensity or duration as to constitute a danger to the physical health of persons or a breach of the peace, quiet, and solitude to which citizens are entitled; and WHEREAS, the city council declares such noises to be a nuisance and desires to prohibit such nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION (a) That Chapter 11 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by adding Article III, which shall read as follows: "III. NOISE NUISANCES. Sec. 11-60. Definitions. All terms not defined in this Article shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. (1) A-weighted Sound Level means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The sound pressure level so read is designated in dB(A) or dBA. (2) Clearly Audible means sound that can be heard without the assistance of any device. N:\DPSWDMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-IST- RDG.DOC : E 7 6 00 DRAFT.DOC(6 30 00)_ Page 1 8B-3 (3) Commercial means property used for purposes other than residential or agricultural regardless of whether the property has a commercial zoning designation. (4) Construction means any phase of the on-site erection or removal, including, but not limited to, excavation, demolition, alteration or repair of any building or structure conducted on that site. (5) Daytime means the daylight hours from one-half hour before sunrise to one- half hour after sunset with exact times of sunrise and sunset as designated by the U.S. Naval Observatory for this regional time zone. (6) Decibel (dB) means a unit of sound pressure level on a logarithmic scale measured relative to the threshold of audible sound by the human ear, in compliance with the American National Standards Institute (ANSI) Standard S1.1-1960, or the successor thereto. (7) (7) Director means the Director of the Southlake Department of Public Safety or the Director's authorized representative. (8) Governmental entity means any department, board, committee, or unit of the school districts within the City of Southlake, the Southlake municipal government, or the State of Texas or the federal government, including but not limited to the school board, joint-use committee, city council, planning & zoning commission, park board, SPIN committees, and city departments. (98) Immediate Vicinity means any distance within 100 feet of the noise source, or any area within the property line of the parcel or lot upon which the source of noise is emanating, whichever is the greater distance from the noise source (109) Nighttime means the dark hours from one-half hour after sunset to one-half hour before sunrise with exact times of sunrise and sunset as designated by the U.S. Naval Observatory for this regional time zone. (1110)Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. (1244)Person means any individual, corporation, business or other entity. (134a)Repetitive incident of noise means a recurrence of any sound from the same source which repeats itself three or more times per day, whether at routine cyclical periods or random periods. (1444)Residential means any property used for temporary or permanent dwelling purposes. N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-1ST- RDG.DOC : CES\NOISE ORDINANCE _ Page 2 8B-4 (151-4)Sound means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in ANSI specifications for sound level meters. When the frequency weighting employed is not indicated, the A-weighting shall apply. (1615)Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy. (1716) Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals. This Sound Pressure Level is expressed in Decibels. Sec. 11-61. Offenses. (a) Tampering with Sound Instrument. It shall be unlawful for any person to remove or render inaccurate or inoperative any sound level meter or any similar monitoring instrument or device positioned for the purpose of enforcing the provisions of this Article. It shall be unlawful for any person to provide false readings of any sound instrument. (b) Noise Nuisance. A person shall not create, assist in creating, permit or continue any excessive or unnecessary noise of a volume, intensity, or duration that is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of ordinary sensibilities beyond the immediate vicinity of the noise. Such noise shall be a violation of this Article. (c) Prima Facie Violation. The following acts of noise are prima facie evidence of a violation of this Article: (1) Permitting an unreasonably loud, harsh, or prolonged sounding of any horn, alarm, or other signal device on any vehicle, unless: (i) necessary to ensure safe operation as authorized by state law, or (ii) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the noise made by the horn, alarm, or other device. (2) Playing or use of any sound producing or amplifying device, speaker, or instrument, including a musical instrument, in such a manner or in such loud volume or intensity, at any time or place, so as to disturb, destroy, or endanger the peace, comfort, repose, or rest of persons of ordinary sensibilities beyond the immediate vicinity of the noise or disturbance or when such noise exceeds the dBA levels shown in Table 1. (3) Creating a loud noise or disturbance in or with a motor vehicle or any appurtenance to such vehicle, including without limitation, a bed, trailer, or other equipment connected in any manner to the vehicle, so as to disturb, destroy, endanger the peace, comfort, repose or rest of persons of ordinary sensibilities beyond the immediate vicinity of the source of the noise. N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-IST- RDG.DOC 00)_ Page 3 8B-5 (4) Operating a motor vehicle that is not equipped with a muffler in good working order and in use at all times. (5) Using any mechanical device operated by compressed air, unless the noise is effectively muffled and reduced to the dBA levels shown in Table 1. (6) Permitting any loud, harsh, or prolonged sounding of any burglar or fire alarm or other distress signal on any dwelling, commercial building, or other premises, unless: (a) authorized by law, or (b) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the noise made by the alarm or other device. (7) Operating any heavy equipment, machinery or apparatus used in any exterior or outdoor construction, repair, remodeling, demolition, drilling, excavation, grading, earth moving, paving, cement laying or pouring, or other work of any nature during the nighttime or anytime on Sunday within 1,000 feet of any residential property, unless otherwise indicated in 11-62 exceptions. (8) Creating any loud or raucous noise within 1,000 lineal feet of any school building or court that is in session or adjacent to any hospital building or similar care facility, provided that conspicuous signs located on the premises identify the premises. (9) Operating, as a part of any business, any equipment or machinery, including, but not limited to, combustion engines, fans, blowers, grinders, welders, loaders, washers, winches, lifts, and hoists, whether independent or attached to a motor vehicle, during the nighttime within 1,000 lineal feet of any residential dwelling which equipment or machinery is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of a reasonable and prudent person of ordinary sensibilities. (10) Discharging into the open air the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle engine or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (11) Conducting any commercial or industrial trash or waste pickup within 1,000 lineal feet of any residential dwelling during the nighttime. (12) Conducting or permitting any activity that produces a dBA level beyond the immediate vicinity that exceeds the dBA levels specified in Table 1. TABLE 1 PRIMA FACIE MAXIMUM ALLOWABLE NOISE LEVELS Property receiving sound Daytime Nighttime Sundays Residential 60 dBA 55 dBA 55 dBA N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL100801NOISE-ORDINANCE-1ST- RDG.DOCM:\DOCUM OC(6 30 00). Page 4 8B-6 Commercial 70 dBA 65 dBA 65 dBA Sec. 11-62. Exceptions. The following activities are exempt from the provisions of this Article: (1) Emergency work immediately necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore public utilities, or to protect persons or property from imminent danger; (2) Sounds made to alert persons to the existence of an emergency, an imminent danger, or an attempted crime; (3) Parades, concerts, festivals, fairs or similar activities specifically approved by the City Council or sponsored by or on behalf of a governmental body; (4) Athletic, musical, or cultural activities or events, including practices and rehearsals, conducted by or under the auspices of public or private schools; (5) Sound created by animals or livestock kept or maintained by persons on agriculturally zoned parcels w"vvhich—exceed-1-0—ac;es ;n—sizc where such animal or livestock is a part of an bonafide agricultural operation; (6) Sounds created while conducting yard work or lawn maintenance during the daytime, including, but not limited to, lawn mowing, leaf blowing, brush clearing, and use of chain saws; (7) Sounds created as a part of new construction, remodeling or maintenance activities on a building or structure during the daytime, excluding Sundays; or new construction, remodeling or maintenance activities indoors on Sunday during the daytime and which do not produce any clearly audible noise outside of the immediate vicinity. (8) Sounds authorized under a temporary noise exemption permit as provided in this Article; (9) Sounds created during construction, maintenance, or repairs conducted by or on behalf of a governmental entity providing basic utility services or roadway projects approved by the City Council; (10) Sounds created by agricultural operations when such operations are related to activities directly associated with agricultural business, including raking, baling, plowing, planting, harvesting, milking, feeding, and mowing; and (11) Sounds created by typical roadway noises from traffic flow. N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-1ST- RDG.DOC RDINANG€S1N9 - Page 5 8B-7 Sec. 11-63. Temporary Noise Exemption Permits (a) Permit generally. A person may apply for a permit to engage in any activity that creates a noise that would otherwise constitute a nuisance or be a violation of this Article. A person must apply in writing to the Director at least ten calendar days prior to the requested issuance date and time, unless the Director determines that unforeseeable circumstances justify a shorter amount of time. (b) Application for permit. The application for a permit shall be on a form prescribed by the Director and must include the following: (1) the name, address, and telephone number of the applicant for both daytime and nighttime contact; (2) a description of the type, duration, and location of the noise, specifically including the date and time the noise will occur; (3) the reason the noise level is expected to exceed the provisions of this Article; (4) the name, if different from the applicant, of the owner of the property on which the noise will occur and a written letter of permission from the owner and any tenants or other persons occupying the property from which the noise will occur; (5) a statement from the applicant that all property owners within 200" lineal feet sonfigucos-to the property upon which the noise originates will be provided written notification within 24 hours of making the application of their right to respond directly to the Director to voice support or opposition to the application; and (6) a copy of the notification(s) sent to any such property owners. (c) Filing fee. A filing fee must be submitted with the application for a permit, in an amount prescribed in a fee schedule adopted by the City Council, or $25 in the absence of such fee schedule. No such fees shall be assessed to any governmental entity or any person conducting activities on behalf of the governmental entity. (d) Duration of permit. The duration of such permit shall not exceed two (2) calendar days. (e) Grounds for granting or denying permit. In determining whether to grant or deny the permit, the Director may consider the following factors, among others: (1) the safety of the persons that will be subjected to the noise, whether voluntarily or involuntarily; (2) the number of persons that will be involuntarily subjected to the noise; (3) the reasonableness of the time, place, and manner of the noise and the duration of the noise; and (4) any other factors necessary to determine the impact on the public health or safety and the disruption of the peace that the noise may cause. (f) Notice of Director's decision. The Director shall, within five calendar days following N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-IST- RDG.DO _ Page 6 8B-8 the date of the application, notify the applicant of the Director's decision either to grant or deny the permit. If the Director denies the permit, the Director shall state the reasons for the denial in a written notice provided to the applicant. If the Director grants the permit, the Director may place reasonable time, place, and other restrictions on the activity authorized by the permit. (g) Appeal. Upon receiving such notice from the Director, the applicant may appeal the Director's decision, including restrictions placed on the activity authorized by the permit, to the city manager. Within one working day of receiving the appeal, the city manager shall consider the application, the basis of denial, or any restrictions placed on issuance of the permit. Based on standards stated in subsection (e) of this section, the city manager may: (1) uphold the decision of the Director; (2) approve or deny the issuance of the permit as applied for; or (3) modify or delete restrictions placed on the permit. (h) Permit. The permit shall be in a form prescribed by the Director and shall be displayed in the immediate vicinity of the source of the noise at all times during the commission of the noise. The permit shall include the following: (1) the date and time that the permit shall begin and end; (2) the name of the permit holder and who will be generating the noise; (3) a description of the basic nature of the noise; (4) the specific location of the noise; and (5) any special limitations or restrictions placed on the permit. Sec. 11-64. Variances. The City Council may authorize a variance to any restriction set forth in this Article or any other aspect involved in the permitting process. Before granting a variance, the City Council must determine that a literal enforcement of this Article would 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 Article. A person may request a variance from this Article by filing the request with the City Secretary. 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, or $100 in the absence of such fee schedule. SECTION 2 REPEAL Ordinance Nos. 306, 424 and 435 are hereby repealed in their entirety. N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-1ST- RDG.DOCM4DOCUME AFT.DOC(6 30 00)_ Page 7 8B-9 SECTION 3 CUMULATIVE 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 ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section 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 5 PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense related to public health and sanitation, and Five Hundred Dollars ($500.00) for any other offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provision of any other ordinances affecting nuisances caused by noise that 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 7 PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice sitting 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 N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801 NOISE-ORDINANCE-1 ST- RDG.DOCM O96UME-NT\QRDINANCES\NO1SE ORDINANCE 7 6 00 DRAFT.DOC(6-30-00)_ Page 8 8B-10 days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801NOISE-ORDINANCE-1ST- RDG.DOC Page 9 8B-11 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2000 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney N:\DPS\ADMINISTRATION\BOBBYE SHIRE\WORD FILES\CITYCOUNCIL\00801 NOISE-ORDINANCE-IST- RDG.DOCM:\DOCUM€N�l Page 10 8B-12 _ _=__ . _ _. . .. 1. 1.1 ......„A City of Southlake ihlake Department of Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-036 PROJECT: Simmons Addition REQUEST: On behalf of John Simmons and Chris and Nanette Lockhart, Mary Meyer's Enterprises, Inc. is requesting approval of a preliminary plat for 13 residential lots. ACTION NEEDED: Consider preliminary plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Tree Preservation Analysis (F) Developer Comments (G) Surrounding Property Owners (H) Letters from Neighboring Property Owners (I) Blue Line copies (for Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-036 8C BACKGROUND INFORMATION OWNERS: John Simmons and Chris and Nanette Lockhart APPLICANT: Mary Meyer's Enterprises, Inc. PROPERTY SITUATION: This is a 20.7 acre, 13 lot residential development located on the north side of Rainforest Court. The property is bound on the east by Jones Branch Creek and the City of Grapevine. Rainforest residential neighborhood is on the west and southwest side of the property and unplatted residential properties are located to the north. All adjacent properties within Southlake are zoned"SF-1A". The property is heavily wooded.There are two residences on the two existing platted lots. These residences are to remain. HISTORY: A brief history of activity on this property includes: • Final Plat (ZA85-004) was filed in January, 1985. The property was zoned AG at the time • SF-1 was placed on the property in September, 1989 LEGAL DESCRIPTION: Lots 1 and 2, Simmons Addition, involving 20.713 acres LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: "SF-1A" Single Family Residential District NOTICES: Twenty(20) notices were sent In Favor Opposed Undecided Attached letters Within 200 Notification Area 2 5 7 Outside 200 Notification area 4 4 P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other 2 3 P&Z ACTION: On June 8,the Planning and Zoning Commission tabled this item.The issues discussed at that meeting included drainage concerns, location of street access, water pressure in the area, and existing narrow streets. Several neighborhood meetings have been held to discuss this proposal. On July 20,2000, the Planning and Zoning Commission approved(6-0)this plat subject to the Summary Review No. 3, dated July 14, 2000, granting relief on the number of access points into the neighborhood,the length of the Case No. Agenda Item Attachment A ZA00-036 8C Page 1 cul-de-sac and allowing the easements to be located in a manner as to preserve trees. STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated July 14, 2000. The applicant is requesting the following variances: • Only one planned point of access, please see Exhibit Map • Increased cul-de-sac length • At staff's recommendation, the applicant is offering to relocate any city utilities along the street right-of-way, where possible, to protect trees. This is in conflict with the Subdivision Ordinance No. 483, requiring a variance. N:\Community Development\WP-FILES\MEMO\2000cases\00-036PP.doc Case No. Agenda Item Attachment A ZA00-036 8C Page 2 i Vicinity Map Simmons Addition I *Ay, - ---,---[ 4 , 0 hurl ,. ,. t 73 Ili IN Er E TiRT AD > 41 .1t 11 •EW • t(S _ ask simallaL 1 p " I enTUIMINkil ' E r—H-- All _ _ !WM , wA - CITY OF �" 211 GRAPEVINE r�1I�� T: INV"SOMA —r ill fiP2RI3I �� 111.111111►Iiba• grap / h012� fill Whim, II.-II. . CAE NTI I f UUIhIIKNOLL 1 III III ri �.� 2000 0 2000 Feet N Ni4j. ‘111••••...._ W -..."17 r E S Case No. Agenda Item Attachment B ZA00-036 8C Page 1 P e H Q nn n mr wWptRn O 1 ,,.r 'e=o;:w.eN[ asrawrnx W 0 �( .>r a n`»r .x(rc6 aw s.mYS 1 al.•M N aw. o.rt nawn n w • s r 1,V Pa. end .074 tar e a 1 w" w f war s ii spec,56 n J,wmf,(Ib.:a,M la w M,ow•r. CON 1;71%N n I no 11 PE ▪ e..• mow. r r Ca. ,,.r•a e.•a'•*•. WOOS 5 as nun.17 «io.«wm c.6.»IM•e wr wa'a.^\ /` '- « 1 I 1 per e5r.m'r ✓a'h en Aea9u, rw IA,.ar S Ol mar«W nw.n r0 O(10 i.M a u w»wn: PRO'r ^� n\ ,, ..,• *WPC w.90xr�+•wN w. P. 1 Y I i 1s ..' • n a> +w ww n.a.s n n v wr C.nw I la an wrt r 1 ( =a vey S6. 4c f.:M M.. k.m. ym.5 it M'^5r*aft 50 xrN a!IE. ar wM 0. � ': �__-y ' I _ w I w IIII I eH .e ev my s I n 4rl m xw.m.oe Amos s it maw,rl corn io w.w,a 11..rl IM on a•wr o.ot B• ..m 1,19 - •a a's I {•.a YI- I ••'•• �, w IF I' s.N my«,t. a.r«JS ma.p la M ro w.wa, ram.s n wpm IJ M•ees 45•oca.m,E.40e5I soma 1 p ` xxS•'r ` F• inaw'n m,.c u.. Neon 5 15 s.e moan JO moods E 50.00 WI ape e s n?sty a. a I la•w 6 00 dep.,'59 nAs L.lino IM 10 I•e post 4. I I I ,1'' �r ne 5 61 pen M�,�.4n+J s..wm M St 11 M mpr \ lI :... - m,R-� _'s- sr^.�P21tl,_ , N 7 //tltttlt"'1--- it s n r t liar ba mrw,is - 55 nwa.E. r M ra a rang.wr�.r ,•aae$1e a,.sr,enMn SO,«wm r r01x Me to ea an,point ergs w ..-S.sp. en d. (f I ryXf ]Ow4 4r-. 1) y• 11 .'^3 ro v r.,..e rm I4..a;1 mar.,Jr.os*o OS....as R,N ti kW Iv w r.yr- ta a.,Rh / 5 n a" r/ .w I I\\\III "wt� .1..` �e!>.,r, m M4[0 tJ9H a Bw.awo In(a 60' Ma..JS a U o u eqN W �. ,, epm,.J�.w 55 a«K.. AsaI1 I 7 \\ + 0011 s n my ie E. 9 w aMNTome 5 a e,a,«.....:ro asmm.52e6 M er,0.: LOCATION MAP' �. S-1 -'--, I y,�'- '' ..w \, \Y'-;WmrWrA`r;0 M.S RO 'Mar 1 Y moms w OS mow[FJf I wYM -_. t�(I •i.'..II 3 L.x n.w:yr i if noun rnamr w 1r 1 r ��� I ,w.H • I ( ,�1 )•1 -4 T.a. .Ja'r,a.,J_ .m rw.a....: 1. w mwn%y,ero v.a•MB noun s rs am, a...ww W (mar awN paw. • C`� / ; ' • • T rt w �''" / ,y 'Ma .660 OE rt.. 5,wp m E'00..1 Iv°beM iron rm Norte 5 l5 N J 01. M on.cant • /- Kr I / 100 a rune;en fool n 5,l.‘rayN a n.,x,19009 5. ,n w,0.,,' •-I '�Y\ ,a�I 57!ftlNl(1/1:lty- Mve'S 89 warn S 'n W,wmn(165.5 Awl a066.5 30 mwM • W a M v soolloo l.n. s1 T t0'1 wf/' 11.1 C.\ M<enr • most u 1 ,mI .r \ I. .I\. 1 ` R tOr s` r ` No.5 89 eras,11...M noun('anti WI.a lo.:on.m r.wa.x M bare,J. In W arw,b R.)MSS 4N v \ \ ''''M)mp1 I a'N \ \ \\ /• \ ) ' Nan[ 5 N ma.n 46 MIMS M:.cw 0 E 145.12 rw.la a ran.Yon M w cots,Menne x m p 9 n W men,s E.iSe T...r a 1a FOR P WOW qq 65>Y '2 It -/ \ 4 S \ `" ' Y•r tor ' 'w' {1 BrUmuF or r...:0 r1 sc.a..r w(..;93.0,AMA /]swc Y1-• '0'{° _ 1� era. .t Mr«w no..:s x:a.,(ro.0 IM 1"a raw.,n rw ma.a , ' \ \ ✓ Aa aNvn IF uv ri ` I �.a� -�` ' `° s5 (�S� -,; SITE DATA \ \\ • F a .a m .. \ - rM;wTw.16 ea.w,s5 x V. ,aa.41 r.Ire +en nee w I. - T �`.t, �' A1SJ1.\'6 ZONING SPI-A \\ 'I I �. 4 ' -O..0026 ME TM•. 9. ,11 n et 65.0.« LV D 'LOW DENSITY RESIDENTIAL- /V/9D6 / /� \\ a r..n A \ a r..T-\' 5"+w t1I• -iw ' 'I Sr rr CROSS ACREAGE :0 t1.CRES Ny \ �jG� 'm >rt•, \Y • I - Y LP�EmL S -'war w,0 w9•«,J....fed a3 r.0 w r 126.63'M b o r°W mn.v! NET ACREAGE /an ACRES Bey • IOr•, \ MxwO:6,.5 Iw.e.m TOTAL LOTS IS 00 M I'= . ��-��:. z.w 1r. -I 'u 6 \\ ,� 1.^ StY CONTtlUR PROPOSED DENSITY 0..6 LOTS/GROSS.ACRES E I Tmtr R tt w9•wc r5.wk,t5 vn'wm(5,1.feet m e fowl wan rod W �� • wu.(Jet ia1 cra;9 f� ` A ANT- -�'Tl - I '.A�aS °�r 700. Dw+.it My ,1m An.5 a . IT1.9 Iw1 or w.0 rani 1 �\ :M(0:Yr_. -i� I ' i t w peon. I _ _ 7017 ,' , I .w+.a•n.n •Mr x el Moo.06..•ohs.0 xenb(r61y Mel re•M1N+an. el) 1 OP BEG/1IRINC ,I _ ar B I Ad•a �i TI I I 1 p1 / S 5 00.0 K00.m 0.00 ei 1a rM a a.w.w.u.mW I_. 1 .00 I 1 I / wrr Mara wnmo .[ ail rMroe. umaa A 1 ' j e _;� i I= .,� a PRELIMLVARY PLAT % .�a�l, • I I is•. pr R p• 1•I '� hn ,Mvtls 0,0.0.Rohs lO.«wn r.•r9.1.rs ro m•oe )S ma5 ou1ro. ;` " .'1 OF I x K'Aar' �iI ( w D +w IMae 5..m9....04.:..In 35 sw.nm..0952.M. w.m SIMMONS ADDITION 1 • I M,„,,5.1-. no -•w�' .'.n - row mw ew rtn rod i t7. r1-. °^ �1�I % I /�t(_ : I •y rrla..s.5 li Oe en a .i5,wino r..z.6 feel•e A 20.71 ACRE TRACT ,w l a --- ` I Rurlr.', 1.7":',.` ,` Ie IOp..s 16 Oro.n..6.n swawr c 1ni.5e M 1.a a.ro am.w LOCATED IN THF. • r I l • V 03.1 /s•:;e` oe-e9 um(cc;,,•'� anole1m40.N70.Om,. J. WHITMAN SURVEY, ABSTRACT NO. 1593 r • r. -I noon CONSISTING OF 1�glll \S 4 I I •.<'! I 1•a,.. s m arwe0 .tb i•'M to n a�9rr vM1: _. 'J a.... h I. �a Y I 1 'v�,x� nano la..'•.,,n'o,nano..s.a9..e a a.w-'r mw: $' :. i -17+_;�l'/ law 5 13 RESIDENTIAL LOTS -m.a I 0-A l l .I ro..5 wan« M re a wg n 1N THE S�� \l I I'' `' < , -Ma.5 la maw: m E. 1a9•M la n aya awe: CITY OF SOUTNLAKE m I „> ' ,' I\ ',,,,,.. i9w N A.ae 5.5 wire,. .nnaM l5,.. Ss.M.a w wpe poor. - �«. �,.b., 1m w r M. TARRANT COUNTY, TEXAS / X. I (rt5'v aK1IM0) 7 m....69...,, a woo. .9 et M to . r !. \ ////"' To.,.s la w9.w s 6. M e en91.root ?A ',J iYi $• ( p... $ r-/. ' /--�`'ro'sA' IM.w s 11 mr.n n,n E.n » ww w+: OWNERS: «-i Y/ a.,..,,, \}( • is Il f'n..� row.....56 wPw - ,wm c a9.MO 1a w:,,r,w.+: ° %� , �� .":.ao'1>r ..•• `_!�`y9/�a�/7� ,M,•s m,.aws 1.•...,m,10,.. l a.a.P.9w: J.W. SIMMONS CHRIS mid NANETTE w, l, • 1 S Y1)•Y IMa.s ne apr0 a nw✓n Ja a aM G.19 M le n wye porn: sauna Rurr°0Ar'er00 i`iha PARKER LOCKHART i�LL -Tr•pv ". ,• I -/ 1/ (01:)wr N1a0 a.>aR00Rr00Y u.5'R � � .•y1e�,�!'- � y J w 1,.wr s eJ wow,:l...w.m s. u r«a m en,Nan: s611rRURn.rcxr rwsa I1 -rr na _ T'K r 1.L51- (al;l a19-9sn I �-- •.. � �tl ,_T s..ars amaw,Wn.:.w,su x. Esoot,Manwyr.a•: _�L.i1w:\p•er,=.•,n s I O n r:m ' ( / 1.6 s 69 mrr0 St apu.n w we.r.25.6 M le n a,Met .n..i. \ B ENaN'xR SNRKIaR: I' •^ s'AD N OANS ��- ' J WASHI.NGTON k ASSOCIATES STEVE.MILLER LAND SURVEYING 4hry OARS a Kw AW 1 W x / <\awn ENEINEERS-MANNERS REISTERO PUBLIC SURVEYORS ( :aM11.1*'m We i° °sr,-A ( I I / SOO GMEM.HWY.SUITE Ti 110 ROUX RIVE MIRE 9W 6-75 'F•• NURST fENE O O. NC'.AST 1E1AS'60i5 ��� �© 1• (en).n-wm NE11t0/Oe-Soli ur.)282-7e60 ��:1t(1]H0y]� 1 fIY MAS 06 26 A ��.. Y .L j 2000 te SN .'FA V.,. APR1L 16.?O00 I� M , - EVEA��® 0 a9. •...+nuw N+w 1.rr.An WO _ PILE NAME. Pylet-71 1-00/ A _ --_- •wi�at J:r. e ...ro.a O. 1.rwee,.c;e CASE NO.:EA 00-036 crc / a i Page 1 of 3 PLAT REVIEW SUMMARY Case No: ZA 00-036 Review No: Three Date of Review: 07/14/00 Project Name: Preliminary Plat—Simmons Addition,being 20.71 acres out of the J. Whitman Survey, Abstract No. 1593 APPLICANT: SURVEYOR: Mary Meyers Enterprises,Inc. Steve Miller Land Surveying 1608 Hart Court, Suite 301 1240 South Ridge Court Southlake,TX 76092 Hurst,TX 76053 Phone: (817)481-3516 Phone: (817)282-7860 Fax: (817)481-4593 Attn: Fred Joyce Fax: () CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/12/00 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed regarding right-of-way: a. Provide two planned points of access. (5.01-C)The primary entrance serving this area is off Shady Lane, serving the Raintree Subdivision and several unplatted tracts, approximately 45 lots. This preliminary plats creates 11 new lots from the existing two platted lots. The eastern side of this area is bounded by floodplain. (See Exhibit Map) (Variance Requested)(P&Z Action 7/20/00:Allow access as shown) b. Revise Simmons Court to meet the cul-de-sac length requirements. (5.03-I). The subdivision ordinance recommends a maximum length of 1000' and a maximum number of 20 lots on a cul-de-sac, but provides that mitigating conditions such as topography and configuration of the tract may vary these requirements. This preliminary plat proposes approximately 1600 feet. (Variance Requested) (P&Z Action 7/20/00:Allow cul-de-sac as shown) 2. The following changes are needed regarding easements: a. Where adjacent property is unplatted or platted showing a 5'U.E.,provide a 5'U.E. along the property line; if adjacent property is platted and shows no easement,provide a 10'U.E. along the interior of the property line. Staff recommends locating easements in a manner to minimize the impact on trees. (Variance Needed) (P&Z Action 7/20/00:Allow easements to be relocated) b. Provide easements for water, sewer and/or drainage as required by Public Works. P&Z Action: July 20, 2000:Approved(6- 0)subject to Site Plan Review Summary No. 3, dated 7/14/00 and as noted above. Case No. Agenda Item Attachment D ZA00-036 8C Page 1 Page 2 of 3 P&ZAction. June 8, 2000: Table (4-0) at the applicant's request and continue the Public Hearing to the July 20, 2000, Commission meeting and waive the 30-day rule. * Areas within and below the 572 contour must be designated as a flowage easement on the final plat. * Staff recommends adding the following note on the final plat: No access allowed to Rainforest Court. * A Plat Vacation of the Simmons Addition will need to be processed and recorded in the Tarrant County Plat Records, prior to filing a final 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. * Denotes Informational Comment cc: N:\Community Development\WP-FILES\REV\2000\00-036PP3.doc Case No. Agenda Item Attachment D ZA00-036 8C Page 2 Simmons Addition Preliminary Plat ZAOO-036 This area has one point of access / r,/ _ �; --= %% ';!max serving 45+/-existing lots, 11 more j -'" ` are proposed,total of 56+/-. Eastern I '41 portion of this area is in flood plain. Ad 7 17— —-:— - - ,--r- oP- 1 lil.i��S , 'p' ,;�r ,./ „.---7 iip.7,- i��0.1 ._ R ATRFF SIMMONS / 4tF ADDITION %`d 0 2 existing lots proposing 11 more,total of 13. RnT.I.NG p IJ f ,. . . 2000 0 2000 Feet I N A ......._W / � E S Case No. Agenda Item Attachment D ZA00-036 8C Page 3 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 00-036 Date of Review: 3 —06 - 00 Number of Pages: 1 Project Name: Simmons Addition (Preliminary Plat) OWNER\DEVELOPER PREPARED BY: J. W. Simmons Washington & Associates, Inc. 2845 Brookwood Lane 500 Grapevine Hwy., Suite 375 Southlake, TX 76092 Hurst, TX 76053 Phone: (817) 481-0190 Phone: (817) 282-7860 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant submitted an aerial photograph with the development imposed. The photograph is not very clear and in black and white, but I am familiar with the area so I will try to make it work. 2. The entire site is heavily wooded except for the existing unpaved road in the middle of the property. The proposed road is slightly offset along the west side of the existing road. Additional trees would need to be removed for the construction of the R.O.W.. 3. There are deep natural drainage ditches that are located on Lots 4, 5, 6, 8 and 10. To enable homes to be built on these lots, portions of these drainage ditches may need to be filled and compacted by the developer. This is to enable a sound foundation to be built by the builder of the home on the lot. The applicant has been working with City staff to help design the subdivision to avoid removing an excess amount of trees within the drainage areas. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. Case No. Agenda Item Attachment E ZA00-036 8C Page 1 FRED JOYCE - MARY MYERS ENTERPRISES, INC. 1608 Hart Court, Suite 301 Southlake, TX 76092 Office Phone: 817 481-3516 ,June 2, 2000 City Staff City of Southlake Attention: Lisa Sudbury Re: The Simmons Addition Plat Review Summary Dear Ms. Sudbury: We have no problems with the Plat Review Summary except we are asking for a variance on Items la, b and 3a for the following reasons. 1. This piece of property is bordered on all sides by existing homes or flood plain. 2. There are two possible entrances to this property, i. The one we are using (approximately 60 foot wide strip of land owned by the Simmons' and is being used as a private entrance for their home and their daughter and son-in-law home. ii. There is another access from Rainforest Court which is 60 foot of frontage on Rainforest. The first plat that we submitted used this access. We and the staff received so much opposition from the residents of Rainforest Court that we decided to submit this plat with the entrance from Brookwood. The access from Rainforest would reduce the cul-de-sac length, but would not make it 1,000 feet or less. 3. The ordinance provides that mitigating conditions such as topography and configuration of the tract may vary these requirements. I believe that the facts that this property is bordered by existing residences and flood plain, and has limited access and an unusual shape meets this requirement. 4. Regarding 3 a we will work with the staff to locate easements where needed and in a manner to minimize the impact on trees. If you have any questions please call. Yours tr , redJoy e Case No. Agenda Item Attachment F I ZA00-036 8C Page 1 Surrounding Property Owners Simmons Addition i I H i .A STL= 1 sl . 121314161 = _ II Olt% 151719 l !ik ! iR� ( 44 6 15 hI�QUIG 4 3 - R.DLLIIVG2 I I , J i 1 Property Owners Zoning Land Use Description Acreage 1. D. Dowd 1. "SF-1A" 1. Low Density Residential 1. 3.63 acres 2. G. Gooden 2. "SF-1A" 2. Low Density Residential 2. 1.77 acres 3. J. Depue 3. "SF-1A" 3. Low Density Residential 3. 1.49 acres 4. S.Apple 4. "SF-1A" 4. Low Density Residential 4. 1.00 acres 5. J. Darnell(TAD records) 5. "SF-1A" 5. Low Density Residential 5. 1.13 acres M.Peryea(new owner) 6. J. Bayer 6. "SF-1A" 6. Low Density Residential 6. 1.00 acres 7. S. Parker 7. "SF-1A" 7. Low Density Residential 7. 5.50 acres 8. D.Jablonsky 8. "SF-1A" 8. Low Density Residential 8. 1.15 acres 9. D. Spady 9. "SF-1A" 9. Low Density Residential 9. 1.04 acres 10. D.Carpenter 10. "SF-1A" 10.Low Density Residential 10. 1.42 acres 11. B. Hubbard 11. "SF-1A" 11. Low Density Residential 11. 0.80 acres 12.K. Farquhar 12. "SF-1A" 12.Low Density Residential 12. 1.17 acres 13.A.Zaba 13. "SF-1A" 13.Low Density Residential 13. 1.50 acres 14.J.Weber 14."SF-1A" 14.Low Density Residential 14.0.74 acres 15.K. Itzla 15. "SF-1A" 15.Low Density Residential 15. 0.80 acres 16. B.Cannella 16."SF-1A" 16.Low Density Residential 16. 0.71 acres 17. E. Brown 17. "SF-1A" 17.Low Density Residential 17. 0.66 acres 18. D.Walsh 18."SF-1A" 18.Low Density Residential 18. 1.43 acres 19.D.Walsh 19."SF-1A" 19. Low Density Residential 19. 2.56 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-036.doc Case No. Agenda Item Attachment G ZA00-036 8C Page 1 Joe Bayer & Associates, Inc. 751 E. Southlake Blvd., Suite 120 * Southlake, Texas 76092 (S17) 416-9950 * FAX (817) 416-9951 * Wats (800) 421-9221 May 4, 2000 Ms. Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Southlake, Texas 76092 Dear Ms. Gandy: As a taxpaying citizen of Southlake and a resident on Rainforest Court I am writing to express concerns regarding the proposed Simmons Addition east of my house. The overall opinion within our neighborhood expresses deep concerns regarding this addition. An addition to the number of homes on our dead end street makes for a dangerous intersection. This is not to mention the fact that when exiting the Simmons Addition car headlights will shine directly into my bedroom. Keep in mind my home is 5,700 sq. ft. sitting on a 1.3 acre lot and the Simmons Addition proposal calls for 3,000 sq. ft. homes. This is not why I moved my residence and business to Southlake. I would welcome an opportunity to meet with you to discuss this matter and would appreciate your considerations on addressing our concerns. Sincerely, • ,!Joe Bayer JB/ss Case No. Agenda Item Attachment H ZA00-036 8C Page 1 Joe Bayer & Associates, Inc. 2829 Rainforest Court Southiake, Texas 76092 (817) 329-1769 My concerns regarding the current plan for the Simmons Addition: Road Safety - connecting the planned 13 home addition to Rainforest Court, which is a cul-de-sac of 10 homes. The proposed egress from Simmons is on a blind curve. The planned road violates the limit of 1,000 ft. dead end access. Raintree is a narrow, long, dead-end road with three adjoining dead-end streets. Currently there are 40 homes (more than the maximum) with only one entrance/exit to Raintree. Raintree already far exceeds the 1,000 ft. limit and is already non-conforming as well as Rainforest Court. The planned new street will only compund this situation and adds even more concerns regarding emergency vehicle access. Sewer Construction — After 2 years of constructions Rainforest Court is still waiting for repairs promised by the City. More traffic will only add damage to the road. Drainage/Trees — Simmons property adjoins the floodway, which there are many houses planned for construction in the 100-year flood plan, which has drainage problems already. Standing water is somewhat better with the installation of sanitary sewer, but is still severe in heavy or continued rain. To develop the Simmons Addition, trees will have to be removed and this will only contribute to runoff, not to mention ruining habitat. Privacy — My 5,700 sq. ft. home on 1.3 acres should allow for some privacy, however with the planned new street it will require exiting vehicle to shine their headlights directly into our bedroom. Water Pressure — We have inadequate water pressure as is and one can only imagine with this addition the problems that will exist. Variances — It is not in the City's best interest to grant variances. It is the opinion of our neighborhood that this development is not in the best interest of our neighborhood or the City. Why add to our existing problems? Case No. Agenda Item Attachment H ZA00-036 8C Page 2 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-036 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat for Simmons Addition on property legally described as Lots 1 and 2, Simmons Addition, an addition to the City of Southlake,Tarrant County,Texas, according to the plat recorded in Volume 388-181, Page 70, Plat Records, Tarrant County,Texas, and being approximately 20.713 acres. The property is located on the north side of Rainforest Court approximately 700' southeast of the intersection of Rainforest Court and Raintree Drive. The request is being submitted by the Applicant, Mary Meyer's Enterprises, Inc. The Owners of the property are John Simmons and Chris and Nanette Lockhart. The Current Zoning is "SF-1 A" Single Family Residential District. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, May 18, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southlake,Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. REFERENCE NO.: ZA 00-036 I am (in favor of) (oppeee e) (undecided about) the request for the following reasons: i \V1t.,t✓ 1ttt — 5Ot1..4 oN0J/ f) 4Pf1. 5 . SIGNATURE: D1 . (Please Print Name) C l-si A 0-t,Li-s v . 'PA(Z 65-2_ ADDRESS: _L; 80 17 OU Q (4 PHONE: V — 4 C3 ( - Case No. Agenda Item Attachment H ZA00-036 8C Page 3 REFERENCE NO.: ZA 00-036 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat for Simmons Addition on property legally described as Lots 1 and 2, Simmons Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-181, Page 70, Plat Records, Tarrant County, Texas, and being approximately 20.713 acres. The property is located on the north side of Rainforest Court approximately 700' southeast of the intersection of Rainforest Court and Raintree Drive. The request is being submitted by the Applicant, Mary Meyer's Enterprises, Inc. The Owners of the property are John Simmons and Chris and Nanette Lockhart. The Current Zoning is "SF-IA" Single Family Residential District. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, May 18, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake,Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. REFERENCE NO.: ZA 00-036 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: °)RbOad S : 1411 dead e41c1 S'tm1#5 (Pdinire4 7loo° ; eal►'Irr2s-t- >loco'), InlCt 4� ( • i Drauras�c.1 s :Too c.1.ose -Road pl y • ,arm.i s Wei; re navi PULACtitS SIGNATURE: .),:f4 - (Please Print Name) S f ephem � mt.-) ' p- E ADDRESS: 28 I S QL.Lt..t')'� X CD Lula- PHONE: SOLI k¢„_ iX 76,052 - S544 ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** Roe I t; RVC:T) MAY -I i Case No. Agenda Item Attachment H ZA00-036 8C Page 4 May 2, 2000 City of Southlake Planning and Zoning Commission 1721 East Southlake Blvd, Suite 100 Southlake, Texas 76092 TO: Mike Sandlin, Chairman, Planning & Zoning Commission Pam Muller, Commissioner C.D. Peebles, Commissioner Michael Boutte, Commissioner Kenneth Horne, Commissioner Dennis King, Commissioner SUBJECT: Simmons Addition Dear City Representatives: We are writing to express our concerns about the current plans for the Simmons Addition. We live on Rainforest Court, below the proposed development. While we recognize Mr. Simmons' legal right to develop his property, as neighbors we have specific concerns about road safety, drainage and trees, and expected variances. 1. Road Safety Fred Joyce, the developer, is proposing a new road to connect the Simmons Addition, planned for 13 homes, to Rainforest Court, a cul-de-sac with ten homes. There is a 60' easement, platted prior to the City's traffic ordinances,between two existing homes on Rainforest Court. This proposed egress from Simmons addition is on a blind curve. • First, the planned road violates the limit of 1000 ft. dead end access. Raintree is a narrow, long, dead-end road with three adjoining dead-end streets: Rainforest, Brookwood, and Hillcastle. Raintree far exceeds the 1000 ft. limit and is already legal non-conforming. There are currently in excess of 40 homes (more than double the 20 maximum) with only one entrance/exit to Raintree. Rainforest Court itself is over 1000 ft. and is also legal non-conforming. The planned new street will compound this situation by adding a third level of non-conformance, connecting to Rainforest, which connects to Raintree, and adds another 11 homes. We have serious concerns about emergency vehicle access. • Second, there are twelve children total in five of the eight occupied homes on Rainforest Court. We are concerned about the safety of these children with a connecting road on a 2t.f 3 RECD MAY 10 2000 Case No. Agenda Item Attachment H ZA00-036 8C Page 5 blind curve that will put more traffic on our street than we do ourselves (13 homes v. 10 homes). • There is an existing road from the two homes in the Simmons Addition with access to Brookwood. • Finally, it has been two years since sewer construction on Rainforest Court and we are still waiting for repairs promised by the City. More traffic will only damage the road more. 2. Drainage and Trees The Simmons property adjoins the floodway and there are many houses planned for construction in the 100-year flood plain. This area has had drainage problems at least since we moved here in 1989. • Standing water problems have been somewhat mitigated by the installation of sanitary sewer, but are still severe in heavy or continued rain. In a typical rainy season, many parts of this neighborhood and some of the homes on Rainforest Court,have standing water. We don't want the recent year of dryness to dim the City's recollection of the reality of normal rain and where it goes/doesn't go in our neighborhood. • In order to develop the Simmons property, hundreds of trees will have to be removed, which will contribute to the runoff, as well as destroying habitat(for road runner, fox, and owl, among others) and so many trees. Building the new road to Rainforest Court, versus using the existing road to Brookwood, will destroy even more trees. 3. Variances The current configuration shows several lots requiring a variance. We do not believe it is in the City's best interest to grant these variances. We believe this development is not in the best interest of the neighborhood or the City. We really don't want this road connecting to Rainforest Court, exacerbating existing problems and creating more. We, and our neighbors, are meeting with Mr. Joyce to express our overall concerns and specific objections to the planned road. The purpose of this letter is to go on record with you, our representatives at the City, with these concerns. Sincerely, Stephen and Karen Apple 2819 Rainforest Court Southlake, Texas 76092-5544 Case No. Agenda Item Attachment H ZA00-036 8C Page 6 - Lill 1 1\Vl L. i I 'J VYNtKS REFERENCE NO.: ZA 00-036 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat for Simmons Addition on property legally described as Lots 1 and 2 Simmons Addition,an addition to the City of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-181, Page 70.Plat Records, Tarrant County, Texas, and being approximately 20.713 acres. The property is located on the north side of Rainforest Court approximately 700' southeast of the intersection of Rainforest Court and Raintree Drive. The request is being submitted by the Applicant, Mary Meyer's Enterprises,Inc. The Owners of the property are John Simmons and Chris and Nanette Lockhart. The Current Zoning is "SF-1A" Single Family Residential District. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, May 18, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, The following form may be filled out and mailed to the City of Southlake, Plann ng and Zoning Commission 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. ' REFERENCE NO.: ZA 00-036 I am (in favor of) posed to) about) the request for the following reasons: t t t"t =Hkx L11?11 I t= SIGNATURE: • • (Please Print Name) ' ADDRESS: PHONE: ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND 14 fNe, I oF3 2000 Case No. Agenda Item Attachment H ZA00-036 8C Page 7 May 12,2000 City of Southlake Planning and Zoning Commission 1721 East Southlake Blvd., suite 100 Southlake,TX 76092 To: Mike Sandlin, Chairman, Planning& Zoning Commission Pam Muller, Commissioner C.D. Peebles, Commissioner Michael Boutte, Commissioner Kenneth Horne,Commissioner Dennis King, Commissioner RE: Proposed Simmons CT Addition Reference no. ZA 00-036 Dear City Representatives: The purpose of this letter is to express our concerns over the proposed development of Simmons Court. We live on Rainforest Court and our property backs up to the proposed development. Due to the significant issues involved in the development of this property we feel that it would not be in the best interest of Southlake and its citizens to fully develop this property. Our concerns are centered around road safety; flooding and drainage problems;massive destruction of trees and wildlife and expected variances. Road Safety: The developer has proposed a street coming into Rainforest Court, a cul-de-sac with ten existing houses. This street would come into Rainforest between two existing houses at the bottom of two hills and enter onto Rainforest at a blind curve. Because there are a proposed 13 houses (11 new, 2 existing)the traffic would more than double on our street. As the parents of 2 of the 12 young children on the street we are extremely concerned about the safety of the location of this street on the blind curve, especially considering that ten of these children have lived here for five or more years since they were all very young and are not accustomed to that amount of traffic. The survey that we obtained when we bought our house shows an existing street named Red Rock Road that comes into Brookwood, which although not completely desirable is now used by the two existing homes, is in a safer location and would not require the destruction of hundreds of trees. Another problem with the street is that it would be a dead-end street off of a dead-end street that is already off of a dead-end street. There are already 40 or more homes off of Raintree and all the dead-end streets that feed into it. An additional 11 homes would further compound this potentially unsafe situation of so many homes having only a single access. The additional traffic would also only further damagethe street surfaces of Rainforest and Raintree which are already desparately in need of repair. Flooding and Drainage: When we moved into our house in May 1995,the wooded property behind our house and as well as much of our yard had standing water. At that time because of Case No. nAtgeltitih:item Attachment H ZA00-036 - 8C Page 8 the amount of visible water that we saw in the woods, we thought that it was a creek off of Jones Branch. Even after the two recent drought years our next door neighbor's yard continually stays under water. The house is now vacant and the realtor told me that the house will probably not sell due to the drainage problem. Before our neighbors moved they tried several strategies to correct the problem to no avail. Our concern is that with the massive destruction of trees,the addition of a road and eleven new houses,the drainage would become such a serious problem that the houses would not be marketable. We are also fearful that because much of the property is in an existing flood plain, when we do have a couple of rainy years that much of Simmons Court would itself be flooded as we have been told has happened in the past. Destruction of trees and wildlife: In recent months due to the hwy 114 project, the addition of Lowe's and the new Gateway Plaza, hundreds of trees have already been destroyed in our neighborhood. Everyday, I see dead animals which have lost their homes. The woods in Simmons Court are a refuge for roadrunners, owls, hawks and many other animals and wildlife. With the proposed road and 11 new houses, driveways, pools, etc. thousands of more trees will be destroyed along with the habitat. The City should encourage development in areas where the massive destruction of trees is not an issue. Our fear is that Southlake will lose these wooded areas to developers and that our town will be indistinguishable from others that are not blessed with some of the natural beauty that makes Southlake attractive. As previously mentioned this destruction of trees will also only multiply the already existing drainage problem. Variances: The current drawing shows several lots which require variances. We believe that granting these variances would make Simmons CT addition out of character with the remaining neighborhood and would therefore not be in the best interest of the City or neighborhood. In summary, because of the already existing flooding and drainage problems,the dangerous proposed road,the destruction of the natural beauty and wildlife and the variances requested that this development is not in the best interest of the City of Southlake and is even a likely future problem to the City and its residents. Thank you for carefully considering the consequences of approving this development. Sincerely, Jim and Nancy DePue 2810 Rainforest CT Southlake,TX 76092 Case No. Agenda Item Attachment H ZA00-036 8C Page 9 • May 8, 2000 City of Southlake Planning and Zoning Commission 1721 East Southlake Blvd, Suite 100 Southlake, TX 76092 To: Mike Sandlin, Chairman, Planning&Zoning Commission Michael Boutte, Commissioner Kenneth Home, Commissioner Dennis King, Commissioner Pam Muller, Commissioner C.D. Peebles, Commissioner Dear Planning and Zoning Chairman and Commissioners, I am writing to you to express concerns regarding the proposed planned community, "The Simmons Addition" and highlight some serious issues that need to be taken into consideration. We have spoken to Mr. Fred Joyce, Dennis Killough and Charlie J. Thomas and have made our concerns known. They have been very informative and forthcoming and we look forward to careful analysis and solutions to these problems. • My main concerns focus on: Traffic hazard Emergency access Water pressure Drainage Issues in the flood plain Minimum proposed homes size The developer is proposing to access this new residential community through Rainforest Court. The March 2000 proposal is a change from the April 1999 proposal where a developer intended to direct the traffic through the already existing gravel road. Originally platted as Red Rock Road (1980's). Rainforest Court aptly describes this tucked away, no outlet cul-de-sac street with many trees and 10 beautiful homes ranging in price from $400,000 to $900,000. Rainforest Court is a haven to 12 children, 10 of which are under the age of 11. The traffic from thirteen additional homes is proposed to be funneled onto Rainforest Court which would double the amount of vehicle traffic. A traffic hazard will exist if the proposed road is allowed to enter Rainforest Court at its present location. The proposed road is at the center of a s-curve and at the bottom of a hill. The current plat does not render the topography of the area — it does not give a clear picture of the dangers of this proposed intersection. The city engineer, Charlie Thomas, has stated that it would be safer for vehicle traffic and pedestrians if the access to the new addition was from Brookwood Rd. i f Case No. Agenda Item Attachment H ZA00-036 8C Page 10 There are more than 90 homes whose only access out of the community is through Shady Lane. We practically live on a dead end street that starts at Shady Lane. If an emergency situation occurred at the intersection of Shady Lane and Raintree, there would be no emergency access. Can our community safely handle 11 additional homes in an already bottlenecked area? I would like city to investigate the flood plains and determine if the current 100-year flood plain is correct. These flood plains are not always brought up to date due to the rapidly development of new communities and the increase in water runoff associated with them. Long time neighbors talk about the Simmons property being flooded. In the past few years we have experienced drought-like conditions and the property though still muddy, looks dry. In 1989, people in the entire neighborhood were trapped when high waters flooded Shady Lane. Simmons Addition was underwater. Another area of concern is adequate supply of potable water. We currently have a marginal water supply system on Rainforest Court. The previous owner of our house indicated that the water pressure has decreased significantly since he built in 1983. I am concerned that the additional 11 new homes would even further reduce the water pressure. There is no currently plans or method to bring another water supply line into this area due to the nature of being landlocked. Finally, I am concerned about the size of the proposed homes. The developer was proposing a minimum size of 3,000 sq. ft. A house of this size would not be comparable to the homes located on Rainforest Court, which range from 4,000 to 9,000 sq. ft. As a new resident to Southlake, I am very impressed at the attention to detail that P&Z and the City Council give to proposed developments in our community. It is my hope the same detailed consideration is given to all the ramifications regarding the Simmons Addition. Sincerely, Martin A. Peryea im . Peryea 2820 Rainforest Court Southlake, TX 76092 2CJ Z Case No. Agenda Item Attachment H ZA00-036 8C Page 11 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-036 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat for Simmons Addition on property legally described as Lots 1 and 2.Simmons Addition,an addition to the City of Southiake,Tarrant County.Texas.according to the plat recorded in Volume 388-181,Page 70,Plat Records.Tarrant County,Texas,and being approximately 20.713 acres. The property is located on the north side of Rainforest Court approximately 700' southeast of the intersection of Rainforest Court and Raintree Drive. The request is being submitted by the Applicant,Mary Meyer's Enterprises,Inc. The Owners of the property are John Simmons and Chris and Nanette Lockhart. The Current Zoning is "SF-IA" Single Family Residential District. A public hearing will be held by the City of Southiake Planning and Zoning Commission on Thursday, May 18, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southiake, Texas. At this time, you may submit your views on the matter in person, by writing,or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason,has not received a copy of this letter,it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southiake,Texas The following form may be filled out and mailed to the City of Southiake,Planning and Zoning Commission, 1721 E. Southiake Blvd.,Suite 100,Southlake,Texas,76092. REFERENCE NO.: ZA 00-036 I am (in favor of) opposed o5 (undecided about) the request for the following reasons: '/ /lx'a te:. ' . ec c'�����.� l!£ e Ltr kc 45 U �'�-�SD. �,01(.�� Cf t:'1W s r' �' r✓ -w cis� t�t��? Lai? t�,Gt�i�c'te Gu. Clot I Lc GL z c 7� 2 + )t l { , e Z v,,., .. a-.7l.�� l.ii l .0/1/: ijil' �" ), P ui,'2 '. c � 'D � J ,th, i? /, ►rZ� C2? t 'L rC e ' tJ 1 L L- /�J YY\ L k Jc. ' -c- J r 1. ! I L/ J SIGNATURE: / ,� �,r L fir'? ! r (Please Print Name) l',%/,9r!'/ / C' , ; ,q = ADDRESS: 49. C/ 6/ rC.Jt t.-� _ 1-i �r`)_.A-1f r>//7 (1' 9 5 %f1` PHONE: / ' `{>/ 'r: S' 9,FN. ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** t�. e;'),li'-' /7.4 21G?_ f/1: ) 7�1 j / i; ) 1'�` 'AJo 1p' 1l1.K� !i �S-1; •• 5/../,17/Si� � Case No. Agenda Item Attachment I ZA00-036 8C Page 12 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-036 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Nat for Simmons Addition on property legally described as Lots 1 and 2,Simmons Addition, an addition to the City of Southlake,Tarrant County Texas,according to the plat recorded in Volume 388-181,Page 70,Plat Records.Tarrant County,Texas,and being approximately 20.713 acres. The property is located on the north side of Rainforest Court approximately 700' southeast of the intersection of Rainforest Court and Raintree Drive. The request is being submitted by the Applicant,Mary Meyer's Enterprises,Inc. The Owners of the property are John Simmons and Chris and Nanette Lockhart. The Current Zoning is "SF-1A" Single Family Residential District. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, May 18, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing,or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who,for any reason, has not received a copy of this letter,it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake,Texas The following form may be filled out and mailed to the City of Southlake,Planning and Zoning Commission, 1721 E.Southlake Blvd.,Suite 100,Southlake,Texas,76092. REFERENCE NO.: ZA 00-036 I am (in favor of)eposed to) (undecided about) the request for the following reasons: U-) 9.44 A`f-c•SIA- (.t, V7tl1 &, e,";/='-el 76) 1?;46Z 14. r r r _ (9-vt..e. lr'v" L'��L L v 1-' �y -- 1. /1-4.<' "lf1L16Ci-Z.'Y , �� ) f4-N.e _ rqa v.-:. ��,,.L*✓Y_;':� �1d T �I.. 1 /,.�.�.L %i-r.-(� G; � .C�• .r;,�C f('-' i Tc`,��.. SIGNATURE: (Please Print Name) :L F'. :).,; l7 H. '� T . , ADDRESS: r5 j' ' /�\rr(-..; I, (ei C,r S. `tY PHONE: y % %It 4/ ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** ' f1 Lt-14.,11.( d ! a E'.1 7 44-Y'ap.te TIP a L',-; Case No. Agenda Item Attachment H ZA00-036 8C Page 13 We would like more information. We do not have sufficient information to know whether there is an issue with this proposal. We are concerned about privacy and property values. We paid a substantial premium for our lot to ensure privacy, and we would like to be assured that our privacy and investment will not be affected. When we receive additional information about the proposal we will evuiuuue irie proposal fairly. We reserve the right to have our issues addressed at that time. jR r' di' o Or .. t1\ 21.17'�Y /. ! e, ._,,..1....//K 7 L' < V A61 1 7.) Li --- 671 eS'd i Ka) M AY I ? ZOOO Case No. Agenda Item Attachment H ZA00-036 8C Page 14 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-036 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat for Simmons Addition on property legally described as Lots 1 and 2, Simmons Addition, an addition to the City of Southlake,Tarrant County,Texas, according to the plat recorded in Volume 388-181,_Page 70,Plat Records,Tarrant County,Texas, and being approximately 20.713 acres. The property is located on the north side of Rainforest Court approximately 700' southeast of the intersection of Rainforest Court and Raintree Drive. The request is being submitted by the Applicant, Mary Meyer's Enterprises, Inc. The Owners of the property are John Simmons and Chris and Nanette Lockhart. The Current Zoning is "SF-1A" Single Family Residential District. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, May 18, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake,Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. REFERENCE NO.: ZA 00-036 I am (in favor of) (opposed to) (undecide about), the request for the following reasons: . )� �• LtG t ?• ,C Z") /11tcif fi c �1e4 -�' ' " .4/ rsl!1d.. st...l�,..C_ (.r9 C.1<M—. i.•C.-f.e./L.L•4' LL)./ e r'�- '' c'et t':f',..t:.� ..{...,, , �:,4_4: Y 7— SIGNATURE: /1.,"?.. (Please Print Name) ° ,f, f A/ist/ .4I ! A7 4A./,1/ = .t i ADDRESS: 49 ;ce) 25}/e() AY Z l lY PHONE: / . I `7) ,47. /- .? s, Case No. Agenda Item Attachment H ZA00-036 8C Page 15 t � � �-- �� City of Southlake •uthlake Department of Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-057 PROJECT: Worthing Addition REQUEST: Talisman Homes, on behalf of, John K. and Michelle M. Wetteland is requesting approval of a preliminary plat ACTION NEEDED: Consider preliminary plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Tree Preservation Analysis (F) Surrounding Property Owners (G) Letters from Neighboring Property Owners (H) Blue Line Copies (for Council Members Only) STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-057 8D BACKGROUND INFORMATION OWNER: John K. and Michelle M. Wetteland APPLICANT: Talisman Homes PROPERTY SITUATION: This 6.5 acre tract is situated between other SF-20 properties with Cambridge Place to the north and east and South Hollow to the south and west. There is a scattering of trees in the northwest corner of the property. HISTORY: The following is a brief history: • SF-20A zoning was placed on the property in September, 1989. Prior to that time it was zoned AG LEGAL DESCRIPTION: Tract 2C1,J. W. Hale Survey, Abstract No. 803, involving 6.5043 acres LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "SF-20A" Single Family Residential District NOTICES: Nineteen (19) notices In Favor Opposed Undecided Attached letters Within 200 Notification Area 1 2 3 Outside 200 Notification area P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other P&Z ACTION: Approved(6-0)subject to Plat Review Summary No. 3,dated July 14,2000. STAFF COMMENTS: Attached is Revised Plat Review Summary No. 3, dated July 28, 2000. As submitted,the plat is in compliance with the Subdivision Ordinance No.483. N:\Community Development\WP-FILES\MEMO\2000cases\00-057PP.doc Case No. Agenda Item Attachment A ZA00-057 8D Page 1 Y Vicinity Map Worthing Addition , ,, „D.A.,M , a rill 1.d1�'II AM' unit: '---------77 1.1. ° Ilint111411 oil— I) / /7-___1•.1• Ali 1 14...4. ,•,IMl e,.� 1� III -..■■...■■■■■I i ORTHWOOD eR !N/r �♦1�1Tot-cr:Tr-rr/ '1■ ■ w 4 II i i11.■■V1 ORI I■ / At_4� — ■��rrra: r•,,.Iqj,vnge111■ r� �" �� �1I== ■INloo :...Sq•4^ .T mi nrr!la■■ilms -•W E:el:44 'i 1■Emu - _/r ��II■1110mn Ti 1.- . ',!..®4-._• PPTIARI ■ m ..' M Imo.-■:v,■ �1�■■�� 1_^� -.• .► .rr' •-----•� any .. ■■41 ■:.. �l. "10 1■4A, 14 N ��\It 3 �Z••1!�I!,riy ter+ /c sk hi 1 ■a.1 ■ i ►■■■► Tom\peras ilinn �` � ■■mm. P. Ha ■,u►�%� •�['-0-k-z 11,,a■■n.�,1 Vinr.1..i:r:ills Egg.lIT!f cime•!..■..� • 41 {.vre 1!i �� �1111r tr■• ■i■■■■■■u■■\ .\III._ .raria!:T RR*AI aurimmin WAN Ni. Thalri:I�mnMUre O■ -ram■�= P' men r.,mimm .� to / ■ I ;� '�.�o,. �i p a CITY OF =t'== �I� l GRAPEVINE pr rile`` . �: 's r e S. toll 2000 0 2000 Feet ........... N W � � E S Case No. Agenda Item Attachment B ZA00-057 8D Page 1 r to y ,r::2, ! -S' !.U'10', — able or Tees Nevus All ... 0 _ _' _ •suety or Sarno! • aw,e,Ye• I Ieee to: i I I CAMBRIDGE PLACE, ITT III 1 *EREAS J..o.t...and a swife.d Michele M.Wettela.a are the ( he lane la c � WHET A""""" r" � 1 I I 1V sole awe . ailwin M seat a O . _—.. __..——__.__-_-____ __—_ 9 y- 1 I. .— I tnel t.,'let.tract a parcel or lane situated In the I.noi V' rf='a'= ALL SURVEY.ABSTRACT MD.603.Tarrant County:situated and biting t a I I t�?P_;wAro�srur wYlrlerune ar7. ...le ct iieima described .b.� to :on, K. Tel Yedescribed na and d _ r O. K.Poe. Ix. Dana he m..yi in oimN : 01 `' A .�9012� vva » bs°*.i.:and bee ailw.:°° pain.w purl larl 4 Q. B K Pt I t U BL C I 2 C) C6.4 xclmtrc e a s/R6 inch capped eta.l run atm..'CARTER a BURGESS- le'Pt R aos I I aH was ter the• thee•t c er et..1d delta)Me tract. .010 rod -�1-n� barna an loner earner 1 Lot 1.Bloch 3,Sou.Hollow.Phase I.an . I I me stew I.. 1.PC.vs,6.srcr.. '' w0lllon to the City of SootnlY..Tarrant County.Leas as reaawed b�•i.v prM N N.ds O ,n Cabinet A.Slue 3091.Piet Re....Terre.,Eeentl. ' 4 w`INCRfaPO�J0.NJA.f f�1.r7-'1 I I rl NrMr METE GN0SCAPS J • �,f_ ., ,N,w\. ..___--__--}—. — cd 6Y7— , _1 •. __ .—_—"__-- THENCE NORTH alth b9 wester lr bounder,line of Her.R.u•lana tract L i.IP� end with the......lr boundary line a South Hollow.Pno•e _____ �� —mot _� _4_— —_—•--.— hoeing n and for as. Inch wrote steelh .ea her of 'CARTER Ji .. _ f na err edr tit. steeped said South i �.—SWAP— --�—� 1.-- — Fie IY T Phase l continuing l dies u°N•utAss a.l c fort rHewa.ere leaf to o . -stow S.N.S. a"� H Hallow, erne Ilex nun. ret1. _Secs ..—deb=-_==w -- ,�E ._.r-- steel all —: - �J�it SmW IAG1 tract,ns•la•point i being in the wotherlyco right-el-way line of *_ ) 'M H 1 bon H O. (S T "} Role.* e /' C.) 910CE South e. 35 ml 36 second* East ,MWs�'R�ICHT•-MY 1 —.—. eel b_ -µLS1*� I I northerly bounaor tier inol.•maid wetter.. awi o e s hen • r y ' •��-ion i seethe,'elghl-oo ta+ey I • 1553.1.trace w ail/x Iola :I ;r© ; / / / ~�� -IJ•L Jr RE. copped r el steells steeped an'MOAK SUED NC t for the R II ' •' s'[' •j'" ` / _ _ ' THENCE South OO Be,einatee le second.reel.n the eeeeeely I al.e+e .RiI i I 8 FE _ ^ \` I LTlR3EJQ W717� ,°vu axis Duna of e•lt•laed twat a aietwc of with ex loot to 11//pp[[ fi I southwest cores of Lot Y,Bloch 3.Cambridge '• re MrEN I �I ''' _ i :IC}-'.--- rt. .,3 II- Place.anlAeditian In the Clly of Sam.ate of recorded in Cabin. 10'Y.L� y f �' �.- _ - i'ofi „�`�� �r.J•Y.d. A. Sllae 2e23..aid Plat Records,•ale dale Mine tun northeast 0 BL01 I( ' •r'e f FI Inosy r of Lot of Seel rrrrr ex rec,alitIn Cabinel10, a A.a.BI.SI Ind M„Ion to the ia Plat S iIII`I Rtwrds: L n,tIII I,, �F'�7{L� �pp .b 4mor I THENCE South BB wgrttfc40 minute•gx seconds 11.1 continuing eilh lal r 1 F, :M V —i ` , \ tn•brly bounda boundary al line of a list..a l 135.499 lei.toha c/l • ,-a w/ta `.sl/l, �, p ��-t C westerly inch capped.•bI roe l•t wti.I.GnY�'t,oetEsi•rM a°wing the RIIF`f/ I dttb.aelwt 3.wi°Savli,toiler.Pita.°. ai BL••cK " ' Ih.a, w.n.r all ewe DEICE North cell degrees L w flutes et •w w°.t Mel ith and with tthe he _ rR 1` r" rI.,: ��j • CAMBRIDGE P 'CE, PHASE nwu::ly erg line bl sold 3.Soule—.g w r e�__ —_If _' err I'Il lIY;�a.rt. EeV/ :T-.� M CASBET A. 7B]3.PRRT a:.t c.al,s��.i fun leer n PLILEs 6 BFCUHIIM6«a'eonVni TeaL 7P�I .� e.5Bi3 acre a low• 'i•e Cie ...area w he gwawn br Ca.a }•�� _—_ t � ,It Ia ,, li° Bavid C.Moak s ion.in Ills eon.•l Mrii ROW A.B.: V~ 1 F Lie'Y.L Ifi/'/j /'`I/' NOR.MREFORE,PNpr KL BEN BM T ESE PKSENTS: = _ ,- t\. 3 7 /s\11`J 1�1, 0 BLOC' 3 0 THAT John K. NNetlena w° wla.Michele M.wu•Iwd do hereby OC = II U\ `b en IU ' r..,.•, __/I i bet "I II M eaaLO this RU 1 w.lCna1. WORTHlw dtDnald,Don A°dition toPethe W C. JrJ. 1 ,`(Y_, I LOTS 1 s pi m.HOCK iwe,e ` t \ t #.N' I A-the I Cit, I South.,Tarrant Count Texas M bar..adicele '` I`L3�JL` • t l�? • 1 ,1 Nl` I to he public ell ts w°ge• a.there kerwn. O Qi Ni,„....\ if ;;` ris1Ess our honM.1 Seathioka Tarrant county.Teen INi. I l (n II i \tea;___ Mr° xtxw A.B.'r CD M.Y.c—I \ \\ , , I r�. BLO 1 D NyR \ \h� `\` ,\ v •t ,,.n:R• ;` II ,E John E.N.H... Michele M.Well.land \1 • e �6. 0040E a TONS \ I I , �% `/ `s h` '\t s \ \` /\ OKRn OF TARRANT '\ /••e*Fen. 1 —��, q�/ • ( I 1-7 BEFORE tE.the un°.ragn•°onathor.,a Notary Pabnca awe for O .:`\.. 1 tg- ^ \ b 4"•"• I ` I*I^ iB'MNG'L9IT maid Caonk, and Stale this dale peersonnel,web as Jahn h. • l .>S \ \ E•' \ \ II Ar hem.Iea.°Michel.arM. MettelanJd. oneo em t ntia he pars.' b.R. J1.0q^. he/.awn w for the nee= �\Ie.111 Y \ .\ `\ `�I�r —�—.--JO Yl-_.-------. PMPe..and ,Mr.t one herein deer end the can t ion 6. / ib�T1-�- -`�� .--`..-�`,�rn\\ut \\, '. I 1 Notary PvhI I<ler tit.SIeI•el Te.o. ____LC—14IAF-- rL7'd Jd , c ` —�PO OF 'GPPED Y.R.f. PrInIN sr C 1 f.Y rJ•u.c BEGI ING I I ry GRrcr r ttl Mg ca,,.i..iw REIcD jut 2 0i HOC yyBL DwPn s.Rs. J Lc laaar Mv..Ns I;> �' SOUTH HOLLOW, PHASE II (CMrzwr BSPSESSI I I fiL.ET A SURE.1 se.PRrcr PRELIMINARY PLAT O I I BLOCK 3 I"' ,.I w 11EO�>a LOTS 1 THRTJ F1O. BLOCK 1, 0 0 I I 0 0 0 =� r. 0 BLo�K 3 0 WORTHING ADDITION I I ADDITION TO TIR CITY OF OOUTR).AAIIH.TARRANT COUNTY.TEXAS S �JTH HOLLOW, PHASE I roc ens°Ycumr'17.rer. I I BEING II . 1•rRRr �` 6.5043 ACRES OF LAND I tech W,„ OUT OF THE SOUTH HOLLOW DRIVE I I PONDEROSA 11AY J. W. HALE SURVEY, ABSTRACT NO. 803 I TARRANT COUNTY. TEXAS CONSISTING OF 10 LOTS SOUTHLAKE CASE NO. IA 00•-OS7 OWNERS: Hots JoHN K. HETTELAND AND WIFE, w mwr i.ir M the Ilr..a.rre,M R-.,ire a rid mre ty Cie r H11M.d. MICHELE b. WETrELAND ,IAIar H„„u 100 HARVARD DRIVE OLNCIe1Rh: SOIARE Cul OV SWTANCSE CT 50 Or INLET 11 rs Pa[wrnsS,wt xslcaesNc'Im i..ccbO.He. Tx us*1 to wHn.HAa VOUTHLAKE. TEXAS 70092 ewe Hd nsn SOUTH SIOL OF RAINBOW API,SO't LAST rN OOa [SSCA r[CVATIOV-BM..Y P. Ca',M.N. _ APPLICANT:'* vH.ru tam a apse,' --- pUAATRAtIVE LAND USE SCHEDULE TALISMAN• HOMES ! PETE CLINE. AGENT Br :Mtn I1_rg'•a•m`D'n`'n; 1. P,.�¢E r uR..c GOER tN•N VALE •1609 LE OAK !KNOLL DRIVE ,0�i"'•`rSJ 2...... 12z...o muMREN of o.nS.HTv A ,,,S :ass A,.REK:g TEXAS 1 Te)0 LLslla * DAVID ors, ito Reuel /uess err couxTA•u.It. e..e t F-sb .a II. K. ,,,HT4 ate b Trl ltlt T)eT1-Ysed PAX (B Ir)OTa-Soo* W.wr.y0sys: Snrvay ors, i.'40 tt����ppll oHHgnyHK E-,INTPT eWS h. oe�mnu MSc 0.0 • PO.Pot e,�,1 _ -- o NerCw ih[rLHu aTAVL an,H,HrriRr lit,ra1t�r VAT,•01 the.•-iv�I5..0 IiDYON VAD fD Y Ie.r ____.—_—_ Yp!s_!L nC.1"H ..... 0.4 n PLAT REVIEW SUMMARY Case No.: ZA00-057 Review No.: Three Date of Review: 07/14/00 Project Name: Preliminary Plat—Worthing Addition(formerly submitted as Brighton Addition), being_ 6.5043 acres out of the J. W. Hale Survey,Abstract No 803 APPLICANT: Surveyor: Talisman Homes David C.Moak Surveyors,Inc. 1609 Oak Knoll P.O.Box 1034 Colleyville,TX 76034 Hurst,TX 76053 Phone: 817-571-9554 Phone: 817-268-2211 Fax: 817-571-6665 Attn: Pete Cline Fax: 817-282-0401 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/23/00 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 LISA SUDBURY AT(817)481-5581,EXT.862. P&ZACTION: July 20, 2000, Approved(6—0)subject to Review Summary No. 3, dated 7/14/200. 1. Correct the density shown in the summary chart to 1.54 du/ac. * Sidewalks are required along the internal street. * 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. * Denotes Informational Comment cc: Pete Cline,Talisman Homes VIA FAX: ABOVE Dick Blackard VIA FAX: 817-281-1365 David C. Moak Land Surveyors, Inc. VIA FAX: ABOVE Case No. Agenda Item Attachment D ZA 00-057 8D Page 1 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 00-057 Date of Review: 7— 13 -00 Number of Pages: 1 Project Name: Worthing Addition (Preliminary Plat)Resubmittal Review #3 OWNER: APPLICANT: John K. Wetteland and Wife Talisman Homes 100 Harvard Dr. 1609 Oak Knoll Drive Southlake, TX 76092 Collyville, TX 76034 Phone: Phone: (817) 571-9554 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant submitted a Tree Survey that meets the requirements of the Tree Preservation Ordinance. All of the existing trees are located on lots 1, 2, 10 and 6. No trees should need to be removed for the development of the subdivision street and utilities. Some trees will have to be removed for the construction of homes on the lots. 2. Residential Subdivision: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Ordinance, but not to the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Ordinance. * All requirements and regulations of the Tree Preservation Ordinance 585-B, apply to the entirety of this site. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-B. Case No. Agenda Item Attachment E ZA00-057 8D Page 1 t Surrounding Property Owners Worthing Addition Jill -, 44 .--1 it 1IN$M t.•y ,.. mill SIM Milli 21111.011141111P,i, � . 111 1 36S�� . .2 4 6 8 10 ii 111 PIN kr� ium I 0 ttfri..11111 IGF111 III 11111,111111 1jhijhk 14 111 20 19 18iii N oilliim --Ailliala INIGII Mr WI____- 1-- !II __ _ rnr 1 1 1 7 I 4J I 1f I Property Owner Zoning Land Use Description Acreage 1. Terra/Cambridge Ltd. 1. "SF-20A" 1. Medium Density Residential 1. 0.52 acres 2. Terra/Cambridge Ltd. 2. "SF-20A" 2. Medium Density Residential 2. 0.55 acres 3. Terra/Cambridge Ltd. 3. "SF-20A" 3. Medium Density Residential 3. 0.55 acres 4. Terra/Cambridge Ltd. 4. "SF-20A" 4. Medium Density Residential 4. 0.55 acres 5. Randy Bollig Builder,Inc. 5. "SF-20A" 5. Medium Density Residential 5. 0.57 acres 6. Terra/Cambridge Ltd. 6. "SF-20A" 6. Medium Density Residential 6. 0.55 acres 7. Harrell Custom Homes,Inc. 7. "SF-20A" 7. Medium Density Residential 7. 0.46 acres 8. Terra/Cambridge Ltd. 8. "SF-20A" 8. Medium Density Residential 8. 0.48 acres 9. Terra/Cambridge Ltd. 9. "SF-20A" 9. Medium Density Residential 9. 0.46 acres 10.V.Patrick Gray Custom Homes 10."SF-20A" 10.Medium Density Residential 10.0.46 acres 11.Terra/Cambridge Ltd. 11."SF-20A" 11.Medium Density Residential 1 I.0.50 acres 12.T.Carr 12."SF-20A" 12.Medium Density Residential 12.0.83 acres 13.T.Knipper 13."SF-20A" 13.Medium Density Residential 13.0.50 acres 14.Terra/Cambridge Ltd. 14."SF-20A" 14.Medium Density Residential 14.0.80 acres 15.R.Hubbs 15."SF-20A" 15.Medium Density Residential 15.0.80 acres 16.J.Riley 16."SF-20A" 16.Medium Density Residential 16.0.46 acres 17.A.Senor 17."SF-20A" 17.Medium Density Residential 17.0.46 acres 18.M.Stallo 18."SF-20A" 18.Medium Density Residential 18.0.52 acres 19.J.Keller 19."SF-20A" 19.Medium Density Residential 19.0.46 acres 20.G.Hibbard 20."SF-20A" 20.Medium Density Residential 20.0.46 acres 21.M.Dumas 21."SF-20A" 21.Medium Density Residential 21.0.60 acres 22.Pulte Home Corp of TX 22."SF-20A" 22.Medium Density Residential 22.0.46 acres 23.D.Atkinson 23."SF-20A" 23.Medium Density Residential 23.0.70 acres 24.T.Foster 24."SF-20A" 24.Medium Density Residential 24.0.80 acres 25.R.Bartley 25."SF-20A" 25.Medium Density Residential 25.0.72 acres 26.D.Newman 26."SF-20A" 26.Medium Density Residential 26.0.72 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-057.doc Case No. Agenda Item Attachment F ZA00-057 8D Page 1 , CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-057 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat of Worthing Addition on Tract 2C1, J. W. Hale Survey, Abstract No. 803,being approximately 6.5043 acres. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, July 20, 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. REFERENCE NO.: ZA 00-057 ti I a (in favor o9 Opposed to)--(undecided about) The request for the following reasons: t'-cl f(a-b-ly e-&(e, a)- 7 eq---frt- eZ.4,4Ul 7 SIGNATURE: �t •' el f C if�!i�%!lL'���J// (Please Print Name) /,b tv51 tZ9 ADDRESS: c 2 T G AT-' .) /4:5-..c 76osi PHONE: O /' 7 `$I ' 5 __s ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** RED jut_ I 2 2000 Case No. Agenda Item Attachment G ZA00-057 8D Page 1 va. . V 1 L%_ V 1 111.-/L111L NOTICE TO INTERESTED PROPERTY OWNERS • REFERENCE NO.: ZA 00-057 Dear Property Owner: An application has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat of Worthing Addition on Tract 2C1, J. W. Hale Survey, Abstract No. 803,being approximately 6.5043 acres. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, July 20, 2000,at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing, or by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commission, 1721 E. Southlake Blvd., Suite 100, Southlake, Texas, 76092. REFERENCE NO.: ZA 00-057 I am (in favor of) opposed to (undecided about) the request for the following reasons: ,/V :` w A �' i F i_ii r,Q vc,w. 1 iv, 1 1,.j i llet 7 " l\(C t-�' CiAtZ. +t`, &;.��,) bv.,de. wallr }e)-J IP/ c. c S'A° Ci s ti� ILL, te,.i s!--:_-i a„,3 > . W i k.\ p (�f 0S 0 z.„-"r,G \)O r l eAla;,\ Ill" it a '-- 2 ( (Q S`'-( } ' e V.. k04^e.)1 \,° C'.C`l „Is. '1 r. Vl d S i K Q c. l.�'-"�ti-� G,/ G C/T ti e 1;\-- �G w-,Q V C1,R f I#L -vL^ '` -S ! SIGNATURE: 6-. ( r. � I�S�'`` \�-�.. J. t / �'2�- (Please Print Name) C'.i.}1 C1 !� , 1 V��3 irtA e,i ' 0 r; I(S V\ A, 0.Q tA);4A61,,,, ADDRESS: 'VcC) t p_vot 16rl CI ..> C+tr i .D re,,., '! telQ 71- 166Z PHONE: (1, ***THIS NOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** s C,14-c,,,r." L) 4-Le.(A, j% �ki i �C`:-�. C'Vc --tz ) C\ /'� r ` `-Ci S 1 1" {�7,P Qte l Vv,.. 4--"j kttA)9 Cv+Z -$2- to-c:.)' `�? Cyr�Q,.Q.try c 4. c - Cet,"- J� r 1\ it��l �L+_ ii In �-,1, lc C V'� ' S I Jl c, .'l..'1 is V. j t-..Q,_ J``• i (V\ ..ce` S'`� C7�3-" Cc'v „....4t.vi " �-i io i Q tiQ iL.r 1 ( Q-00?;-(\." I`1 1 c:- , \et_SkD t-v k t4...\ + ( V�-e_., --, 0, 1 0 "1` 0-44e. S 1 Lc . , C cA) p l o o C s �"..O r„\),.4_r ( Ca a-•No. r Ag enda Item , Attachment ZA =O'57=-�'Vv'`"t vtll 'C-c I ° e- \ ,. Page 2 RFen " !ill t il innn JUL-20-2000 10:47 FROM CITY OF SOUTHLAKE TO 4889370 P.01 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 00-057 Dear Prope�ty Owner: An applicaton has been filed with the City of Southlake Planning and Zoning Commission for a Preliminary Plat of Worthing Addition on Tract 2C1,J. W. Hale Survey.Abstract No. 803.being approximatgly 6.5043 acres. A public hearing will be held by the City of Southlake Planning and Zoning Commission on Thursday, July 20. 2000, at 6:30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. At this time, you may submit your views on the matter in person, by writing,or try representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. If you knout of any interested property owner who,for any reason,has not received a copy of this letter,it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas The following form may be filled out and mailed to the City of Southlake, Planning and Zoning Commissiork,, 1721 E. Southlake Blvd.,Suite 100,Southlake,Texas,76092. REFERENCcrE NO.: ZA 00-057 I am (in favor of) (opposed to) undecided about) the request for the following reasons: CtiAlt„ 4:t teita22 Wegv €11/ boV4, ,v,./th -6/4 Ap, 51G A I GV JUL 19 2000 (Please Print name) e .v19i2 i49 �-r vn,C ADDRESS. Qf4 D PIa�.��:1R0 f 4 1. ,/ _ fX 19�-� j ..7X 7 D7L PHONE. j 4 /7 ULi y�'/7 ***THIS 4IOTICE HAS BEEN SENT VIA REGULAR MAIL AND CERTIFIED MAIL*** Case No. Agenda Item TOTAL Pttfffhment G ZA00-057 8D Page 3 4✓ +,rj City of Southlake 'outhlake Department of Planning STAFF REPORT July 28, 2000 CASE NO: ZA00-056 PROJECT: High Point REQUEST: Ross Owen is requesting a zoning change to SF-20A and concept plan approval. ACTION NEEDED: Table this item to the August 15, 2000 City Council Meeting ATTACHMENTS: (A) Letter from applicant requesting to table STAFF CONTACT: Karen Gandy (Ext. 743) Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-056 8E 2 /) /;) &4k. Af-2- ized9 w0.5s ave_1,,‘ 7 - .27- po RED J U L 2 7 2000 Case No. Agenda Item Attachment A ZA00-056 8E Page 1 City of Southlake, Texas MEMORANDUM July 26, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Authorize the Mayor to execute a Developer's Agreement for CISD No. 6 Addition (Stadium and Transportation Facility) located on the north side of South Kimball Avenue between Crooked Lane and Heritage Park. Action Requested: Authorize the Mayor to execute a developer's agreement for CISD No. 6 Addition (Stadium and Transportation Facility) located on the north side of South Kimball Avenue between Crooked Lane and Heritage Park. Background Information: The Site Plan for CISD No. 6 Addition was approved on March 7, 2000. This developer's agreement covers the construction of public water, sanitary sewer, drainage (including detention pond) and streets (Silicon Drive and a portion of South Kimball Avenue, from Silicon Drive to Heritage Business Park). In addition to the necessary on-site sanitary sewer improvements, the developer will construct a portion of the City's planned S-7 Sewer line from South Kimball Avenue north along the east side of Silicon Drive to the north property line of the CISD No. 6 Addition. The S-7 Sewer line construction is anticipated to begin later this year. The developer will also construct a portion of the City's planned 12-inch water line along the north side of the future South Kimball Avenue and the south side of the new Transportation Facility. The construction of South Kimball Avenue from Crooked Lane to Heritage Business Park, along with a proposed 12-inch water line is anticipated to begin in the winter of 2000/2001. The developer is requesting reimbursement for the above sewer line and water construction. 10A-1 In the agreement, CISD requests that they be given credit for the following fees: 1. 3% Inspection Fees 2. 2% Administrative Processing Fees 3. Roadway Impact Fees 4. Water Impact Fees 5. Wastewater Impact Fees 6. Park Fees Financial Considerations: The total amount of the credit of fees is approximately $100,000. The cost of the reimbursement for the 8-inch sanitary sewer line along the east side of Silicon Drive is $112,270. The cost of the reimbursement of the 12-inch water line along South Kimball Avenue is $41,710. Funds have been budgeted in the CIP for these costs. Citizen Input/ Board Review: None. Legal Review: This is the City's standard Developer's Agreement, originally drafted by the City Attorney. Alternatives: Approve it, deny it or modify it. Supporting Documents: Agreement Plat Exhibit Staff Recommendation: Please place on the August 1, 2000 City Council agenda for Council consideration and approval. Charlie J. Thomas City Engineer 10A-2 COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake. Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer". of CISD No. 6 Addition, a new stadium and Transportation Center on the north side of the future Kimball Avenue, hereinafter referred to as 'Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of the J uire public facilities ai de {' �1, 461 i5 :�' ij s to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. Commercial Developer Agreement 1 10A-3 These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1 . Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95(3/0 Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; Commercial Developer Agreement 10A-4 e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement andior lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all Developer's propert< ; ;oonr so to ', t • : � . After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City = aM parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developers Agreement within the City regardless of such company's authorization to do business in Commercial Developer Agreement 3 10A-5 Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. !I. FACILITIES A. ON-SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. Commercial Developer Agreement 4 10A-6 C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1 . The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. Commercial Developer Agreement 5 10A-7 It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 6 1 OA-8 F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements. responsibility is turned over to a homoo G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities a$ufa 4a M 1 .Y rys-r -*,;4 L. i..,r4-F.k 4,11' >,,, ...gi tArw,?.sff;; .,� az;_ ,.:,t ; Att A°ri i tn,* ,v •,a The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1 . Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3, All fees required to be paid to the City. 4 Developer Agreement must be executed. Commercial Developer Agreement 7 10A-9 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A Pre-Construction Meeting to be held with all Contractors, major Sub-Contractors. Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Commercial Developer Agreement 8 10A-10 C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. Commercial Developer Agreement 9 10A-11 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE SEWER The City agrees at the time the construction of the sanitary;se . along the portion of Silicon Drive north of the future Kimball Avenue extension along the entire length of CISD property in complete and accepted by the City to reimburse the Carroll ISD for the cost of'the construction, including contractors and engineering fees. TheSe costs are $112,270. C. OFF-SITE WATER The City agrees at the time the construction of the water line along the north side of the future Kimball Avenue extension from CISD's east property line to the location of the Transportation Center along the west side of CI SD's property is complete and accepted by the City to reimburse the Carroll ISD for the cost of the construction including contractors and engineering fees. These costs are $41,710. D. PARK FEES Because many of the proposed facilities are to be shared jointly between the Developer, CISD and the City, no Park Fees will be required `or this project. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Commercial Developer Agreement 10 10A-12 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: STATE OF COUNTY OF On , before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: Commercial Developer Agreement 11 10A-13 CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Commercial Developer Agreement 12 10A-14 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Commercial Developer Agreement 13 10A-15 S\:+ 11 I a111ii1'p 'T LAMA 114 IILA•rA7p-pl Tla - 11/1 tOY iLOfY3 I (.�L;NAN g[� . y `= J,•,;�.,1,,111- T 1 nN.>oitl&c. ►ma A. ' t MN M.w�p r 1.. S I I 1 _ N •�,1I i�- y- �J V `011 DS u r 'I, •!.�' 1w! MI ruvun 4..1.1., cr. >•nlar4 R r•r lair,a awowi I ��ii ~ JV eY n. �' �6i•' \���� I�, �►.r• ..T p. ra LW M[►0"n 1•M sass Pal nu I M Ia.41. I !•I�•rM I..�r■ �u _ -- - - NIC� • W•.a M[. 1 ! N.arm ta1/1 11111.w`[111• 1111wer.T raw I 11 'w f M •1,t "_� -•1 'do��•,`�:; ISMS It 1 AY11n L11 �1 !'MIM 1L RWrIMII.I.[is Y' 'IMY II.1. V4 _. Ili Ij1 L.......110.11. sN[rr/ 1i ...� \Y tl11 1[rl0 W[ Y w1�M I WN 011 r.lel I A D _ I L____._.._---• .0 rlrr[.n 1•.[ r[M[I[a I [sir ado I VI WAS.n rN f I i ri/� vary ssm.I•a a . IOr.M• \' ger:Vat I NLNr�r'•tan.Iar . s ,J f Iq p^J►. I +.arwrr►r.-_. „I �.►,• lu.w' T -- r�ar1 t___, I.eIIr'^I'r` i war uvT-1 ssl.rt I -' ~� T 1 iLk• _� 1 1 1e�4 4 04 NC �ttp i" �. } • r r 7 r N its I um W a Oltliw11a1aulmd[v Taacf= b pRATIM/.1 4{IWLL A..-Ltll aOrS � r✓j 1[T A�1t YIO Mllulla-lf.[f1 oats - 11 1 I I F W UT f-atv 1-1.rl Calf _Its_ V rlt 14 II Mr I L. �_. j I - N IS i ! V i i I 1 J MKT I s�i I� r/.. I rr.t1 W1f• I• I I I • N s 1[ 1. M/w.rM N411�No**all•MM.In.IM trlMalr I.wawa:*OM w 11ry C \ I I 1 i 1 ►1alnl R.1 I' I I I 1. Ilreryr M wrIM1.....Ire wlalYII.IM Is.a.Iwllw.w'M L MMI.MJ.Wl.l.lw M.Ywl••.Iw.11u.y•.r w.N..1 v.wt RL!II I..m r =$tom _ _y -��� r..ri1 w Um Ow r w Ilr w r.1 N rl r N•.6 SIN...•frI Irlwl NM Y C._ �K � I N I.lu.1►.Um Own�w O.N.T�N YI.r N Ynl�IINw flaw.INIa !•�A Y ' J I N L W I1. 1.11.M IYMNIII•MN WHIM•/r...w.M/�•.I...IHMIM M�1�1�1. r'�111T•Y a '� 1 m ; =N .•1 Nffa 1:7 ..�r I.r N II....w.IM N1rI..r Nl llrl�a.YJNIu.ti•Ilw A ;.� IN IC L Uwe Cry.lla Isadore Mr•N...h. 1 ISO I 4 II..»•w•r1bY4a.M 41. I1) 1 I% I Oa \\\ .1C �MI.A' '• = r i ~ IQ'f t)1IcI aUYglu_1O S 01,',w•/vI1 rII } �� 1.1rr I.auryu I•iTl�.(..u.aun.'•1►•'y}l.r Ti..r. •N I.r 1.y.i. a� i. i . d r�.& N1,./.4 1.r..► c.0 No� II? i 1 0�' �.c / �rSs 1." :':T..1"Yw''. T' ".r•T.C.....T;�. .f.T..., aes iig n1 ( , 9 r1[[!1� j!)'7j!' d A.1.1..Irw.►r.l .Nf►!swI '1 [�,{ 1 It I . 1 iYiI�ilam..au1NwS1g1 .• �l ..J� _ _=.R[�_LJ- I ..�.: j c..T.,11.1.1•r. r Pa�ir laal il014 M.InN�y1� �aO+\ `¢ I T• j1 I ■■■ r 1..4wdo.Tr inn rawly.Ira.. _- �. 1.. J1 4 h --_._.. A. I r �'Y ■ 1 M NI..-/M.Ir 1 �aN rMt.c.W'JE• ?A\r' .an 1 d I i I I� .wlarl�11ru Ir.rto\ 'a law 7rlr {.1 !i (.r /.N. MGM 1110.1.116 IV UM W1.0 WIN i-I 12y . I I w+i.11101,dodo[M MIa[R1r.►�LUG r ra, ; \ .1 ir.•. an.Ilfo 11 IN II u..IK ala 1a11.0.1111. 1 H. tt=11 I \! I I ,I 14n L 1 I wawa. a sr..r.rr, \ \`\ 1 _ 1\ 1 0 I t .�As\•1S L�Ir_''_aar� i- - - -- - - FINAL PLAT o-> Rai• ', \\ S 1`{ - \ 1...••S.�'/'� /,// i-t a i.r�.r.utr1.r.T.1 CArwal ISO$O. I ACO1Tla al r 1••TIm1 M.FOE 41\ \ `.` • ` ! I � �" A• •t•h' Ir1 v NW IU IIIE Ile CITY 6 SaU11L►a[ Q 1 �/ 14144w1 COUNTY. TEXAS r.4 rem u.N. r • .I I }' 'd r LO 4!N 1*•" rains 01.Nan[1111 ACAIIIICI NIM u.1u an.s u W ..•1• 4.-� WLY.n Ri.t 1 ' , ) T� �.w a •wr/.11w.r..1Ir\. • / \ +. : ✓� MO M Y111i RCR wit.1 NI...4.1r • •• I� r /'� • \» Illw.11.1 OAT of - NOS rTliuirnus T 761114 usnui wiu.0 wn0T COMM1I 11.0 -I \ '\ / _` _�- i• i11•1r[MIMI NM _ r�•11 'Ti t11A•.rr1 ..0.Y.AL N1lM.Ou u `\ /\ . �.-� " •+ T.aa 11 - 1 aOal A 1 .11 r t Yrl 1. a I.doo.. 1 \ `i 1 (osMll.s6l Wr11lY r11• .l 1 �k' VMS! 'f.IlI.M' Io1aa.caawre'111 Y.U1 dodo p 1[d S 11 /[1tlllrrd DOIEI ".:I f•r 111N.ITa. • 11I 7-1/ ..A111W•Y11C1a1u L .I.rl.la Ia % 1,\ IIIL 1MMOr r. IIA.grNrg 1YlU•R RrM t ZxIEQi a /W 4 1MW lN.sum 10o II•r Y.C.MIOL....I �- %-\ \ Ira►/.n lr. IA a r14r• N� MC \ II I[ CaNMut ISO STaD llr j w[1. II.. A�Ir1..IQN iW11 i..IKa11.MY /rasa �... aZta at•N _ li �NA1O11',{M111My/ um u•-1r11 1� TWO sms 1 1 1 ,/r'._ ��•\\ .M s. .r. i I' do i•C1i11�r1 Wr rOMT.ti.JO�1�.Yr xuWll 11.IM 1t•y ��.. ` ...• ra1 r.u w N[TISI• I vra6:.. C. I .S. D. #6 (Stadium and Transportation Facility I 1 illi*"7,5'T ) , ,<, 4 1111 40., $ rT t - ' . 1111 takt4 ,_ .., . \,...1 ____ __. ____„ ,. „.,,„, , ,,,,„ , (---1 11 I N Stadium and Transportation Center 10A-17 • City of Southlake, Texas MEMORANDUM July 28, 2000 To: Billy Campbell. City Manager From: Charlie Thomas. City Engineer, extension 814 Subject: Authorize the Mayor to execute a residential developer's agreement for Crown Ridge Addition Phase lA and 1B Action Requested: Authorize the Mayor to execute a residential agreement for Crown Ridge Phase 1A and 1B. Background Information: The final plat for Crown Ridge Addition, Phase lA and 1B was approved on June 8, 2000. The public improvements in this addition include rural section (roadway ditches with no curb and gutter) streets, drainage improvements including detention ponds, water lines and sanitary sewer lines. The public improvements also include a sanitary sewer lift station with force mains and off-site sanitary sewer line extending from the TRA lift station to 3500 feet north along the west side of White's Chapel Boulevard to the Crown Ridge Addition. The improvements also include water line improvements in TW King, along the frontage of the Johnson property and extending north of Bob Jones Road to take some Southlake residents off the Trophy Club water system. The developer is requesting the following credits and waivers: 1. SANITARY SEWER—OFFSITE—Sewer Impact Fee credit for the 54 lots in Phase 1A & 1B, and Phase 2, and waiver of 2% Administrative Processing Fee and 3% Inspection Fee in consideration for the Construction of the offsite sanitary sewer line and the lift station and force mains. 2. ROADWAY—Roadway Impact Fee credit for 54 lots in Phase 1A & 1B, and Phase 2, and waiver of 2% Administrative Processing Fee and 3% Inspection Fee in consideration for the reconstruction of TW King Road, which is a collector street on the City's Master Thoroughfare Plan. 1OB-1 . 3. WATER MAINS—Water Impact Fee credit for 54 lots in Phase 1A & 1B, and Phase 2, and waiver of 2% Administrative Processing Fee and 3% Inspection Fee, in consideration of the oversize of the 12- inch water mains and for the total cost of the 12-inch water main in TW King Road along the frontage of Mrs. Johnson's property. Financial Considerations: 1. The developer's construction cost is $156,310 and the estimated Sewer Impact Fee is $48,600, and 5% Fees is $7,815. 2. The developer's construction cost is $85,600 and the estimated Roadway Impact Fee is $64,800, and 5% Fees is $4,280. 3. The cost of the oversize of the 12-inch water line is $15,350 and the developer's construction cost for the 12-inch water line in TW King Road along the frontage of Mrs. Johnson's Property is $4,515, and the estimated Water Impact Fee is $78,300 and 5% Fee is $225. Citizen Input/ Board Review: The Park Board recommended the following proposal and credits as meeting the park land dedication requirement: • 4.67 acres of private open space to be maintained by the Homeowners Association. • Park land dedication to the City of natural and unmaintained open space totaling 1.68 acres. This land is adjacent to the southeast corner of T.W. King and Bob Jones Road and runs along the south end of Bob Jones Road. The Parks Board accepted this donation with the developer's proposal that the Homeowners Association would be responsible for maintaining areas adjacent to Block F, Lots 2, 9 and 10 on Cobblestone Drive. • Construction of an equestrian trail totaling 1,300 feet inside the proposed park land dedication along the southern edge of Bob Jones Road. The proposal calls for this to be dedicated as public trail. • Concrete pedestrian trail along T.W. King totaling 1,150 feet, maintained by the Homeowners Association. Legal Review: This is the City's standard residential developer's agreement, originally drafted by the City Attorney. Alternatives: Approve it, deny it or modify it. 10B-2 Supporting Documents: Agreement Plat Exhibit Staff Recommendation: Please place on August 1, 2000 City Council agenda for Council consideration and approval. det#22 Charlie J. Th:i as City Engineer 1 OB-3 RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Cr.pwg Fide dd'f a .'hastlw ''aaa hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 31 lots contained within the Addition, and the future* Phase 11 and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release -`LW of the lots, _&.', after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Residential Developer Agreement 1 1OB-4 C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, Letters of Credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, Letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, Letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. Residential Developer Agreement 1OB-5 E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City. title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract a ,7, [ gt'e a -, , to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract weTot.RI' Meet, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; Residential Developer Agreement 1OB-6 • e. Any charges for re-testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Residential Developer Agreement 4 10B-7 Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES A. ON SITE WATER • The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8' line. Credit shall be in the forrrj of a credit of water'riiiiaot fees' F all lots in Ph + 1A 1 Phase II, up to the total credl, '15,350. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. Residential Developer Agreement 5 10B-8 D. STREETS 1 . The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. c. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at Residential Developer Agreement 6 1OB-9 substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. City has required Developer to pave T.W. King as shown on the plans. City will credit roadway impact fees for the full cost of the improvements to T.W. King up to the limit of the roadway impact fee total of $64,800 for all the lots in Crown Ridge. Phase 1 A,:1 B, and Phase ll, and 5% Administrative and Inspecfron Fees ,of, 180 E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may Residential Developer Agreement 7 10B-10 cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1 . Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. Residential Developer Agreement 8 10B-11 3. All fees required to be paid to the City. ?. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1 ,000 value to the Addition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, -ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. Residential Developer Agreement 9 10B-12 B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. Residential Developer Agreement 10 10B-13 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151 .309. Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. 1 . The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Residential Developer Agreement 11 10B-14 Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain. roadway and waterline; all lot lives. and tie in tc the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE SEWER, LIFT STATION AND FORCE MAIN The sanitary sewer to serve this addition will also serve otherstj the area. This agreement shall specify the responsibility of both the City and the Developer in building this sewer project. Developers F2esp01sibility a. T ord& ri provide sanitary sewer to the addition. the Developer agrees to pay for the cost of building 'a gravity line in White Chapel from the existing iine north to the entrance of Crown Ridge. The Developer shall also pad, for the lift station at Bob Jones and the force main required. The Developer shall secure the contractor and pay monthly progress payments. 2. City's Responsibility a. The City will waive the Administrative Processing Fee (2%) of$3,126. b. The City shall provide construction inspection with no cost (3%) or $4,689, to the Developer for these improvements. c. The City will give the Developer impact fee credit of $48,600 for all the costs of the off-site sanitary sewer force main and lift station for Phases 1A and 18 and II. B. OFF-SITE WATER The City will give credit to water impact fees for the entire 12-inch water line on T.W. King fronting Mrs. Johnson's property in the amount of $4,512 and 5% Administrative and Inspection Fees,in the amount of $225. Residential Developer Agreement 12 10B-15 C. PARK FEES The Developer agrees to pay the Park Fee of $1,500 per lot, in accordance with the Subdivision Ordiinancn ^ 33 F, Section 7.0. There are approximately lots in the Addition, which°would bring the total cost of Park Fee to $ The required park land dedication for this development is 2.1 acres or $127,500 in fees in lieu of land dedication in accordance with the Subdivision Ordinance No. 483-F, Section '7.O. The proposal approved by the Parks and Recreation Board inc;iuded crew lit for the following items: • 4.67 acres of private open space to.be maintained b Homeowners Association. • Park land dedication tothe City of natural and unrnaintaine• open space totaling 1.88 acres, This land is adj. southeast corner of T.W. King and Bob Jones Rya,'.' along the south end of Bob Jones Road. The Parks -Board accepted this donation with the developer's proposal that'the Homeowners Associaton would be responsible le for maintaining areas adjacent to Block: F. Lots 2, 0 and 10 on CohbleStone Drive. • Construction of an equestrian trail totaling 1,300 feet in side the proposed park land dedication along the southern of Bob Jones Road. The proposal ;calls for this to be dedicated as public trail. • Concrete pedestrian trail along T.W. King totaling 1 .150 feet, maintained by the Homeowners Association. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Residential Developer Agreement 13 10B-16 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Terra Land Development By: Title: President Address: 2740 Fuller Wiser Euless, Texas 76039 STATE OF COUNTY OF On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: Residential Developer Agreement 14 10B-17 CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 15 10B-18 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 16 10B-19 City of Southlake, Texas MEMORANDUM August 13, 1999 TO: Charlie Thomas, Depute Director of Engineering Services FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements—Crown Ridge Addition At its August 9, 1999 meeting, the Parks and Recreation Board considered the park dedication requirements and requests for credits for the Crown Ridge Addition, an eighty-five lot residential development. The required park land dedication for this development is 2.1 acres or$127,500 in fees in lieu of land dedication. The proposal approved by the Parks and Recreation Board included credit for the following items: • 4.67 acres of private open space to be maintained by the Homeowners Association. • Park land dedication to the City of natural and unmaintained open space totaling 1.68 acres. This land is adjacent to the southeast corner of T.W. King and Bob Jones Road and runs along the south end of Bob Jones Road. The Parks Board accepted this donation with the developer's proposal that the Homeowners Association would be responsible for maintaining areas adjacent to Block F, Lots 2, 9 and 10 on Cobblestone Drive. • Construction of an equestrian trail totaling 1,300 feet inside the proposed park land dedication along the southern edge of Bob Jones Road. The proposal calls for this to be dedicated as public trail. • Concrete pedestrian trail along T.W. King totaling 1,150 feet, maintained by the Homeowners Association. The Park and Recreation Board voted 7-1 to accept this proposal of dedications and credits as meeting the park dedication requirement. Please contact me if you have further questions. KH/j e 10B-20 t l 1 u II I_ - • • :r ._._..." �� I II �, ,rrn,r�,. , Y N 31 � 7 T NI kS!/R✓ HIYuw<�rr.':jrwlw _+...._ POMO OF • _l.,•�i 1rJ- 1p 1. 1.7 b, . NB9'2510 E fyESf.dJ m110M_��f 00 »a ••w.. ._ _._. ..... • _ r •_ wnu..• S y •enr'I it-_ - li tl'JI' T¢-,rm iiu. n�.• _-___ tI l., r rStJd1.37 �e - ° �'1' i ink:' ` 1 1 „„I Il ..YI.4,11 I )�L_r ut•4.414 y 1 ... i Y,. v 1 �, N AIN I I - nYlw lq � /- .,!8.. •.1 . .4s III .I YI a.YYarp.scrim 0 .m. {•/ ,Yw Oau' I `1 I H �f •1 I. I I• Jn nir^ • 411.a1 • „'•••• u.,•,r„i,.. �uu,�N 1, uarb wrrY !CW `r F�^I / �.,,, . I. Y 4 l..!-.. ---,I •.� �1'- -°MiA�°uj 1....1110 `; N �.. ,....r.n..•,. �,. »�,.�.,,.�..�,,.. ,u,..... ,,I m' \, I ' I �� 8 ;,:a, •n 1 Wm u I' 6 s c0I' ` 1wu.a`.... „ .OW u'yil r '�WI �•,, .I I_JiII._. .' -. ..',-11••._7.-1 I . 1 9 . weai rrlr, I _____ VICINITY MAP . .- 01 . :.�:,w•.Y, ,.'r.i oY.I:(»"i.'...Y.u, .�'YeiliY.a tI f 1 lY.rirlA MA, ocs•. KLMI i .Yu i uY ,., u';S w .�u'•i. ll 4.4- ! -N I ' a. _ =_I_ ,<9r __.I_ E.au• 11-_.°r J""""'111"''" _�I ll V:..t...._P.M.WV.n::Ye 0 Y.Y,r r h 1. - - ,`I'-- I.*C.S ,"," •, I I GL f1�..._.�_ I µis i. .w fir ,.�,.r YY ♦ ;;;I i Y• .Y •• 1 ti\ -I x ....,...•nn•t' . .0•i �• ,p �. IIr I I n"7!'F�""-,�1�.' ,.�Y^.•',`.w;i is ..I [( ; ,! I . ..a-1-_..to-I- rr -10 g , . w,Y,,,w.,._ ....w,. .,. .�. ",,.a..,.r..., •c^I `kb '_ - /IY rn :1.•4- ri:- 1 ib7,IF Y N 4 a$j y`Y J' / it III 6 �Y Il .•A _�-+1g'3e):L. .. IS I Ai I FI�, II N' • '(S r' ,/ :I `ilv Ia 3 . RCI r .am 'I' 1 ��#,' 0\ I I� r�„ III :i6 ttt i'!t. 1E L idy w 1" 314 I .Y"Y'.",• ,„ � / JI Ia II Fj:,'►1 Sall r',I l I I L'- I L,I )N B9'4S'34'E o i of i"rr I r I I I Itl ,� N N9'26 25'E , I 84,81• p , ,ars. .ut I. /..rrr w:ll�.,� . .--1-- . ._ ._. .L._ _L_ IE.-- - . -_ ,Nrp -,tue-1 -._IY•?.5. . (pIoyY-ki.m. ,s .' r.- 1 o -p"Ll] M ..1_ .1 .�.. -I I I I.. _..I... n,1 I I 11� I _.1'\ .,iWF, "L wf.- � ,.ax 11 ,•Im. aI,, �� 4Ip u I, •I N 07.14'43' E ,1{.• 1 dI ,p �• .Y I 'r��'. 99.37- ��"1 i s r r .I• tI `g Ih I �i - .y�1�, IltviV I I q..Y.�Yo c;'JSiul V I u ..�.«•.�:vK^,v I I I r .I II ry Jr, 'W 1 A r JI7 ,:.r,a<.'C •oo vk'7 r r.• iC^ .,.yam {[�![.1�'y,��( r,..- Ii I:: ..„ ' 1f;1" OI km I tsOµ! I I I I pP'l r I I I • I ,41 l II : 1`: '/ r0 NI nor ili �� sJ 6 Q <'.l. L - aY'Yl. • ( r A Y. lIX �'i Yuoc, �•qrn' �/4• r� ' .,Y d: tJ�irl'f �_- ____--J..I,I. ._. �.�.��_ .N�'H9�d.4e7pZ�] E-- .__.._ _..._.,_ I .,YL .;t'. J---- - 31.__.... "I: I:_ tl1-� ,'r rI ur hit' % ,e2.1-.y I -mssJ lye_" yf.r,Ll kk--• . J.,0'•/ark CuofAm NOG( top L' _ J C2 __L ,Ff i•• -01. .& 'Y �'�. N - yr•a L. i• 4i1 Emir Im .•Tir` •' _ 1r -1' t6 I ., .... `N 23'AS?s-E ,'-/f• • " 4 _ N.Y �f.• _ter„ siw ai/ l__Ts-«1T� y*''1"a.5 B9'i7 7 eYL'c C81 '�'_�- cv- t. i0 �• •I.; , r('S •,. tr 11 Q I 90,4 I-%�.., :7 \ f: 11 Y�yF.ei7ai3''•-I-G),•-71.IL .••� - ___ «_ I. •._ _J, af22r38•I , •�,o,. l9 ._- a ___--(•- .� n ��w N 02.21'32 E..:-.4.11 'Y 1 .m rs' yy� ;/ .' r- ,1 I R I W If���111'''.. 7 I J I aYJ. I I I `a elf / I (I 1.35 ,� 2206' '.1 ii1' IIIg .l Ij, ( l I Y I I '� 251.52' s yfO' 0 n : 1 I^ I o • XI: 1 n of L'91. ell '+�qyP^} 9t (aN. r'•R. 4it II8 ` v 1'R` Y r • • >.,n u I n,'"nYI?.<.,. ' �Nrft 1 I �Ory.) II,n I I I I I I ewuw wa.r.. I I sX.4041�i „11 I I I II ,'� IV 8' , , , i I•alf J 1''-r'uY, ,. � N.L. L._ ' I "L• h` R U A'/r'A'.fY/kV 1'Af[r!A'.Ir .4. YY_ :7 y"� l .._ . __r,y ^•r ffi•YL`1'�-�Sr--I- _,alr��-='3rlL__IL_4.'.�;. ..1. 1 1. L. I ..__I _.. L._. J. .. _ .. I . . _. ,f u 1 I I �- I; ,ff. S IVA/23.1d I'-- 1071• .15' .Kr ,A r•- WILMA'AIWA'.1Y•A•YAY'AAO IA'Y>'N. II,/ 1- br';k'o 1 ' Y,A�uw✓Y: Oi 4 \ „„,„, I ABSIRAL7 IT .rw4r. G w.•u aYu.r..• .1'/,RYA'✓e'.:h , yuyto�!i/�.u�.w,a ////JAM a///lf rr.s0tWY aIi...sr n ,iu,w 41^ya Ism1 &$ • ...`:I.rcri".e.u.p•ao, • .. /pYu.c.r ""�aIV. -- E_ItlbDA7'A g 33Iowrat09Y: r 4�I _}`<;�C / l•R BCA.- pStAYAE .v CURVE DATA i., LENNIE3SON 7��as / -- 4$`a MLANNINO AN0 ZONIN0 COI.AISSION / IN F L.A l Yi t �. Y/••,•'.!•1 a ®Q�©iL^v1.9 oanO.' ',T mmfl.wrw t1/, . a, L' �. •.Y,•. •1�)=yt> >t t!{AS•Y!•3ibl'9f''•vt]/t!LI�:NaI :� .OAICR,If1W Y Ioa� / - .•. ho ad �'Y))4rA/I••2<1IRIYASWDfii'• LA`1mI9 lY Y,u _,•••• ..- --- CROWN RIDGE AI)UI'I'h uN ;i sw.•`u;0i•i• An 0n �Y 3 Sp1•'y%ctn�.l'EJI�I_1CY1•#_7t��.., r aa. OM?1O11Y: , „•.w 1 ,r '� • '� %.-.Ir,. aa• ad a I ur it1-E.3IMR'_EIDM<ZM27 ••s•, r.2. sarTlILAICrm.ma NA.Ln]. PHASE IA r sr. u Io A� --=._:. ss.' \a CCE_9MQRID11111 Ins•. s -.n' •o,rANINNL.aa¢ ..,.n,.r. -._, ..__.« ._-_._ BEING ,a a/h•r.l••-WT.!r' M©1@��S➢1N:E:•2MCf IE.OtI1'Ey s••r1'..•• .J.n.• •Igr�p.•.•,ai A ,__.- :,u' I til�3tSg]illla:•11M[S:.1l7iie'EFa y r•'r,•!i��! ro-„.,'• `�7FF us r� wraewww• ...---......_...-.-......-.__. 34.264 ACRES r -ln-va•7i'• - . w' :L:iIFl..!• u•IIi Ty- 1.•s7T•i r.' Pt@AlED�Y. SI7LATED!N'f]IE -® ®t�nstf=1 x;v�:><:o�e]v Y e•m•n• �>� nEvuonmer: _I._i'_.'n•• IF�FF Dc:iE:•Lr`R:NM I:1M ' ' ••aan ^ R.D.PRICE SURVEY,ABSTRACT No.1i92 Ml r •n! e ,. Y`'p!Z-)/a W'.:A1➢RLn1'YM ii irla AiiTY1Qtism GOODWDI/ ` Uu I��� 1/ 001', =: notpA LANn De m/wha co. CITY O►+SOUTHLAKE,DENTON COUN•I'Y,TERA.12/7,: r' • 1781 r7�fac:;R::v1R-11, LIIl1711 yr.,f7 fltiMM_I*I Walls t _eMMr�t Ma•:ns ':v�:ex ur:a uat,v f14MLti � v.wnwa >TNnflorxnAEAtNe1N-vruluENTIAEf.uts it a-,.;•I , --__. - AusEil tioat]I yliltL1 •• MsCltut pmatOAL 1��-RAMiMNS tibPat tort •,alR74•1 CMS 11•r _..,'a >••Y' rn .u• ..12E31f1•1J!r 1119 •�ri�/1MR21L9 Mulb.•••f APIlLL.,2U11. _ -'Fr,�JiC!]L•71 MIID!C➢MMnAtt.L�-�•.Y'.••�TM �r'y N►1Y1.•4.Rr1.fu -4._-.r_ w r' N.N.PA4fr.q " �_ ,n w•,•u1'n:•i 2r.m• _IME723F:aLilE•:SOfIES9MM7a)a ,j,• •.• EMUS INN PLAT FLED IN CABWEI_--..51.OE.......- U411U .. lU(HI N \ 1YR0.L'L01)L)IIR. I I I. 1 1 P i4.on".1v.IlY. W / E , , I WfR.ir fYl.lr•ull/YY•n".1"••«.I,.y� I. ,IW✓Wr•Iw•f. 11 M.1 • W Ir / 1 -{ ` .1.,•••.wl. .]S«•11.'Kl II f"'•'1« N 5.0. Nf�.r r. 1 W. 1I WO.WYN W IN ••Ywui••., ...too tw,.lr wt•w;r IWI it«l • IW.Y«f010.a I O - lrr•x•t•4;ri«i•N/Lt«N. 1• N _..rm. ip\] :•••IYt L� I �� , � "0 I41: Y I`I y Nolo..Irl 4.1w Lwn1.. .a` f......•JyN:I •.«I;tN•rn /1 .:I.I,tWnJ Q17 , tNfnM�K. kM• Yt41N«Iw 11 y,1/.• Or, 1«Y1Y _ Y Nr Y I y.1.0" N NJ• • Z N.•/'•�•� ' w Iw. V n • NI...1nIMINN. •IMM • I IJ t xY�r r. •0l1 Ylr iul'i IfI0C1 •:li w la y{L:` t't ! yy�•rr1y. A0t1 AY f9f f S.t.l. I1gg111' •�ylli' ill..01:00.011li•11",f..J.NI...nod "«CdOt01�'I.1.1.y,1 IN 1 ' • •"tl• Fi I '• I,1 I Y •.((. Ifw l?' �NIIr.W V...1•.✓ul.I II.••ywwt.uurnx.I lug;r, ul IW.Ir i 0.YI•�e.IV.:..:o.I...l W '. .., ,..• •,.I ', •• ,R "1•.Y I W 1 "' nl.f M WY,•I.'»1'•� 11y1 .•I�.Y• .1••V• W11 lyh n IW fY«'••rWi• N 1 MI ` ` I_ 1 . I -�••- u•.p«r'T'0 11rM:N .N1•.rnw ur W.Yrw•WW. ••U•IM[Y• --'- �1y N EY31L4 ,.Y•.M01�J@fsRom?__-_. •.t«.:1/l'. wS w .I.4, ..w.r.M. ��� i'•-io�r •/�I N� 1 N.fKl 6 00 ''1 4, • w f. Irl 4.05 I 1/J Yr•r•wV.a1S w :.I 11 � .. ` f1 �y$ 1' �..-..•. _ -.. y Ilw hI rl 1M.1'lly.• f .ulr I .• 4 ..frN 4�VW • • [ nl ll/• // /f- ._alp N/OL. • 1�.� J ��-� ro.IJ•1«yl.•r•1'Y'.>'NY a�M'•.•.r•.u.0 4vlr,iu �;%.n NKi"/i'N'IY' 11 41' I I « ^i` -Tl 1 -;;:,'!'"....i. 1 1 t M'VC°, 1 111.Y:•w11rw i..1«Y NIY f✓N W IW r WA •Yr•Ir»I VI I1.01 INS N f taaa 1/. ...... 1 /y Nr ����MMA I`l) I r,.� + \ p'Tj`0-.-. 1'SKfIY W'M'f.' •IVry IW rY.111 lu.•tMl•I 11 1 Ypu1«IY• tFI1, S fl 1•Y�•ul I...•I - �r •V /Jk'T :.i ••• .j a rl 1 - f ":r r.•t.IW hml 1 Myu uy«w •1 y SW Ylf N«.1�.1 r\.� J ....1.,.r �(/00,6 i•I ;1 q �S\\ 'I ' C ' FM, MIVIIR MIN ICI M;a IKf!1'MfE.11i Y 11"1 {y�(`l�� W 1 I \ ; V J001µ.•f/tAl•N.,a10 .W ..I •..1, W*•r 14 r Y MIW1..• '1 ••• I \ 1, IwWw,.rt anr•.i:..YNrw1,Wr,I,I •w C ••V-.--•"� ti'r1 \ I �RI I I • I u wua a r1+.1.M•I frl� r:iNR•w EN..a:•I:'r w"r•.•-- •� Y •\�I� 7,Ii 1 I 1••: •I••11 Iv IW r.111 w• .u;W . ae 1.a-•I-,wwr NrY 1 y • •40••, 01 ,• • a.lwl u 1 fr tW\ � : ::: - Lw•• on.r WWII 1/ O yld'.I ,A I n I I " tq«II.aNIIY. VICINITY MAP • •w-aarl Y11 . M t r W... yllli 1nl•N wt.wwll. - J .• B 4: y1 9 I r t1 Y�rw: ae. .•rrr°.W a .,...nt..;: • ,�,� ItbtY elf COURT" - .,II 7 .ri yl J -1 U' is•INNII rw•INNS.. w w. 0INNr•IW 11-~a.n•'611=1�= let t wl•..ON 7 •y'1, IWr•In f•Ka IN ry.,.rll 1 UIN 9 YOatt•{'. •I I,.N«.w••WW w a•I:••O.ICI,I -i/,_I r 1 ' ilk .,.,. 01'10'32 j . C-M'ul. I • • Q \• L-Wil .'.=_ VV-'- >�n .13A r•0•uf. WILw'Nfl«i-Ai/iiT fGiq ram`I I uu•I...r INN..I Iwurlw.r. rxau rruu �I _ \ S B9'2625"IM f1392 . 1_�_4�11sr.•1•ir: •• r••• I t.14.4:i:jlw. .. W i POINT OF v.,I' .•.nru. J I; 't 00.00'fy-, - [ IU(NAtK- 0 II IN YC .03' is,�il:....n:i'I.:ll.I u .ar.....I.....•InN RI •rn N..0 �j �"�• '1 ,1,� \ I 1 Ism ", NN1« N ,w 1 11w 1" rC�I1.11� i •.II VOW*W.0. w. N'Il al. R �Ia>j,wi I II. wx•'11« .,.II! 11 i 00 0.rti, 1 %,f/J_'(i• ,\ I alw 19 u1G M1UMOarYN IV Mal .."w«I W.a]4 w .,IN.n.I 11.00.1 "Nli Ulnl»I..w I iNl�ilr 1'r INN.NN xl if»I• u, ... \Ir' `/ y�/ 1 Ir.. • w rt...I.0 I.l0"A:1 i.,,,:l'I w.. w 101. uN•• w..uw:. / .✓y �\ 1•\ I r. Iffl s..Nw..w,✓191.al...•./It.r.j,IW ' y: 3 w•"w.t u•..1.• ON r , Y l,.1 •. W .1 «..I.a WAN NA ••11.L,u.w•.'• Iii14:µI v1r M•:Ft17'.. l• ..n.11 rfi. '` I N.wrN Al..•IW..... "' L«.Ytr i r 1Y!. «.I.•••u..•.w .r1 I11111:1;W1•Wr11�11w: ▪V..RNt:W 1 . ,I....,.W I I NWII•. N •;� •. •"• ul .r1N rrl.. , rl.u:...-• .•. "iOs,i 41.11R••t R «A.'.JZf'iiiil4%r•l 14.i.I•A•R 1rJ I rY.n fl. .r .:I:J. r..Y.1.111..r..1 ✓„'*..y Ilo rile"in11r.`h:0.w M,•«wll. INN.YIN1WIY .AOW - .•a.1•y.1 u••w I..•l N ' al NS M NrM Mw1,rN�i•'11A' N •w wrrl•. . . Ww«Yam' Wu N.•1 to,WINI..4.a _ _.___.Op ul W ANN Ifr.. AN)/UNI NU CONNI SSI UN . IAILP7RAC7 Al. 9.NV IGO•iT,1i1.. 1iliofirw_. . ••••••r•.. - - ,rn.s0N ME/KLV-1'UNY4Y ~ ���'•`- ----- FINAL PLAT • 1 AAPTNAC7 • Ab MSS _-.._ _.. . OF CROWN RIDGE ADDITION W PHASE I B :,I II•'11 i OI- i :11 .i.1:r OWNED BY: BEING 1..,•»1.1 1,.r•,11,,.«.........,.... .....•»..... Y.Y., ,.,.„1.•.1 r•1,,.„......,.. SOUIIMCE/SOLANA,1•N. PIMPARED NY. 6.433 ACE IS 64.4994.0019Ra0 SITUATED IN'IIIE Y.«...,Y... i 1MA mop CWM.MIOn GOODWINI ILC) n / n .•r.1..rJ w ..,..,..I .. ...: .......)10. �IVJARSIIAL .1 R.U.PRICE SURVEY,ABSTRACT Nu.•92 11L�UU MAY b 2000 ti•"' """ DEVELOPED Ry; - CITY OF SOUT HLACE,DENTON COUNTY.TEXA. talcn1of11aaW-nAWaly_WIMPS Oil.. I»1n ::1.111 TERRA tANDDBVELOPMPM CO. WI�rro.Or N►AMWrl•.•Iuu fRk�IDPXITAI.�INON NF:tiiDFIf1UL1.U'IJ Y 1/ePA1rMr u..IYIn.NIn _ APRIL 20uo 1wt /.OY. Illy PLAT EIIO w C MINE T__.SLOE_-... UAIt0 I c row nRidgeAddition ,, _i ___, T_____,,__ - -,- , -\„2--, ____ , _, , , , , , , .1, = _______ ,,________ , _ ______ ( .__ _ _ E 1 1 IItLn r 1 1 1 , 1 1 _-..____.-._-__ yam______ .. ..._. --- 1 __________ \ _ 1 i ______ , ___ ___.., ._________________________._ _______, , ,___ 1 ,L_I. „..__ ,..._ 1 . ., - ______ Phase 1 A A ;a;>g Phase 1 B 1 OB - 23 City of Southlake, Texas MEMORANDUM July 28, 2000 TO: Billy Campbell, City Manager FROM: Garland Wilson,Director of Public Safety(Ext. 730) SUBJECT: Request for a variance to Sign Ordinance No. 704-A, for Loch Meadow Estates located at 939 North Carroll Avenue. Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: Loch Meadow Estates is a 23 lot subdivision located on the east side of Ridgecrest Drive, approximately 3000 feet north of East Dove Street. Loch Development Limited has developed the property and is marketing the lots to builders. They have sold three lots with one house under construction and they have contracts pending on four other lots at this time. v This request is to allow an off site development sign at the northeast corner of State Highway 114 and North Carroll Avenue. This site is in the right-of-way purchased for the expansion of the highway, but the contract allows the owner to continue to use the property until it is actually needed for expansion of the roadway. The proposed sign structure would comply with the ordinance criteria for a Ground Sign, as specified in Section 16-C. Staff has noted this is a similar hardship to the situation for Perry Homes on Johnson Road. On June 6, 2000 a variance was granted in that case for two signs. The 1995 Sign Ordinance No. 506-A permitted one such sign for subdivisions up to 200 lots, and two such signs for larger subdivisions. The new Sign Ordinance No. 704 adopted in September of 1998, and the revision Ordinance 704-A adopted in December of 1998, removed all off site signs. Andy Jones of Loch Development will be present to speak on behalf of this request. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. 10C-1 Billy Campbell July 28, 2000 Page 2 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 Sign Drawings and Location Map Ordinance No.704-A, Sections 14, 16-C and 17 Staff Recommendation: Place the request for a variance, to Sign Ordinance No. 704-A for Loch Meadow Estates located at 939 North Carroll Avenue on the August 1, 2000 City Council meeting agenda for approval. GW/bls 10C-2 CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT OWNER (if different) NAME: , Loch Development, Ltd. d�y . 1f,i4 � ADDRESS: P.O. Box 2246 Coppell, Texas 75019 PHONE: ( 817 ) 410-1888 $ FAX: (817) 41 0-1 8 8 7 ,S/¢10, The following information pertains to the location for which the variance is being requested: NAME OF BUSINESS OR OPERATION: Loch Meadow Estates PHYSICAL ADDRESS: 7 4. - act LEGAL DESCRIPTlONy Lot 14 Block Subdivision Oaks Addn. second Filing I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request. Applicant's signature: Date: July 12, 2000 The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 704 and amendments, and other ordinances 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.). Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking &approaches and adjoining street R. O. 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 exempt from the sign ordinance. 10C-3 Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: • 1. That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant. Currently the sign ordinance allows for development signage but only on the subject property. The location of the development does not allow for the proper exposure of the development sign to attract traffic to the site. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. The development is located on the North side of hwy 114 on Ridgecrest Dr. , a street that is hidden from traffic except for residents beyond the development. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. The variance is requested for a property that is commercial in it use. The property will ultimately be within the new Hwy 114 corridor. 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. The Variance will be similar to a variance already approved by the city for a developer in a similar situation regarding street access and location off of the normal path of development. M:\wpfiles\building\variance.app 10.C-4 JUL-10-2000 15:58 CENCOR REALTY 2149530660 P.02i02 Stale Departmeal of Highway and Public Traeuportatiou Pore D-15-2 Revised 8-85 Sketch of Whole Property With Dimensions Show Orientation, ROW Line, and Part Taken • CVAv£ Oars . AK 5 �U N e;6'� Pr•r654 90.2.9 p•04'44'35' J9.8 0«� FIR- C LOT Is v� r •1.279.21• C • 2.•rcc.Z LOT IO ' 0� / ,Y / "i ?' . LOT 19 iC , t / • 4 II � Ike a" '. L O 5 Ot l'' G /cfl � �o c ti � . . • • 'r ��y • - -`6" �� �} • LOT16 Q •',,.::‘:'':.,:,,.:.,"...'....*:\.:,..,:.::,:.',:,,'.:,..,'',„,..:..,',,.,-,,"4,:fss:-.•ca:--.7. '1. pp"1 3 .O / v�� R•5.749.58' /, • '*e '. w y�O •t a0g . 1•A•5 74• Y 162.09' 4'1,1 s `'sue 55703'rrE ,.. . ✓ "` a,,;.' s .,. . .. • USi,., nT 1 1655 5.5 71::: of a�, N / .. ti LD •. 1 I 04 5 N Q F ILIN G 4'�' ''Z S � 2 CQ • L : LotI • 0' qCY .5E / - 1" 0 / \\\ '' •....:,....: Ns,4„:',140#14.,i;N:„...7: o ,i9,.'6,,.... I '11 . • ),-.-... tom.. `.�4r'./Qp,,,fl��.''�-- L►.' r.r b II�V� _ /�. • NriT,ll•i, y' f'; 'f'. I�i./ �.r,igrl" j 0 r:t .: .:: :N48'tt5.D'h"•.. fAN "ANWAWAI AVANNAK,FAAq„^.4h40W "$A c', �``_ ,•vuuuu..,. Yid,•: a .` 1,:''' ,� •,; y '''••••:',7: ‘t1;:::./,'.,:•:'•::I;................klik „............. ......... `� `Qcd. ::276.89 ..Se810r4 F:'............... '.52 /�,;i'rY;'" ,.,..,• ` , 3. TOTAL P.02 10C-5 FT Dl Scoi ci.... LOCH MEADOW ESTATES ■ choice subdivision i ■ Large Wooded Lots TAKE CARROLL TO DOVE, t1E L i F fo�H ES RIGHT TO RIDGECREST �F� `s c 4�OLV Eat '• h ,-, c,), Ta s e�aa`�Estgr�s �o�tl s ,,,+o r ,,, • Ai E C we. =e 6f,/ ,,,+t,0-- (817) 410-1888 cap "T T°„R,�To 4, ', uR„,,0 08 1 4FtX4 FT.FACE 'N."' 844 ill ON4"POSTS 1l INSTALLED V-SHAPED(APPROX. 75° ANGLE) PROJECT: LOCH MEADOW ESTATES 1DENTITECSIGN TYPE CUSTOM 4FT. X 4 FT. D/F MDO on. JUNE 20, 2000 e,eetts '*re%wl 4144 r ."• NONE 2875 EXCHANGE BLVD. SOUTHLAKE.TEXAS 76092 (817)329-0471 FAX(817)488-4484 City of Southlake Page 1 of 1 .1 S take GraAowne to . L o c*s W!ADo , EsrA V c C . ts'rat,riOWNITVV'ZVfil.-R: S-• p ,,.—r .�'4 1. �' i 9 1'fir A ��t a �d�" w ors.. :'R JEY g � i ,K� '::....:.:,7.f174,,, K 4-Cp" ..:_r,`''":] :IF,'.'li,ifilti4ii::A,,44tOk;7.,V,TA.2 0 ..t"trti:.,,: ''''-,-,., \\' u ) 2 vt- --.- •ZIP- fgtif*:t3tfiWe 0� gof 13 ���� • W , •r _ $'' - ' 1 T• O 1 ice!' � 10, ' 3;41.+`� `i .':4'ile E.DOVE ��_ 44' -� ` -Iti. q<3 ��� : 1 Y1. V E -` _.__. >.,isxa t 1ti G z Sterrett- l7 $s RITTAN_Y `S _ �'' 1 o{ `,A =z g ot` o GARO=N +.� PRIMROSE L . Y `��`yV i= rn ' `} r� LAUREL V.� v } b i� �� rn l , a , rri 0 ,, , {o r XGLEIif A ' a�� CR�I9ERRY H,HIGHLAND z £. HIGHLANDd N GIN-AND it: �ar � �3p (�� m-. r _..�.; We S ,cilIn: .°� �,� \\\ a EY, 3 h i— _ Fr4 � 0 1s 5 I c�ns oa g AV1s 0 �� wiLDY�6OD\ - L.oG/sTl0N 'MAIMtOY1HG I +rir [ L KE ■■D ..__...._.E CHAPEL17Z�Vi+[ds� 7�GREENB IIIRIN 0 ALMOO _ 1cc4 ROLLIN- r 1 LOVE HENRY frV� ! I tL `'',,. rc - + Bt CD $ ;�^ fALTON ■R515 _ --__‘' --;[...-r \ .- cs, (' ' LOUT LAKE 1.i )..,0) --,,..-vse i— . r-1 Ini ft/ T t � '49 0F0RE rN IL L5 �' p in a * �« Fr LILAC CA I , vO lr u CI' i h T ■, F■ 'INE Z Til I s, JUf I r�i �� J t) (^j LA PAL ids O i]',in*. g p K yitR cale:l'�3o44 i I -4 I I �" t 1V11 ~� `v2 http://maps.ci.southlake.tx.us DISCLAIMER N This data has been compiled for The City of .•�__1City of Southlake Southlake.Various official and unofficial sources 667 North Carroll Avenue City of Southlake were used to gather this information.Every effort t Southlake,Texas 76092 was made to ensure the accuracy of this data, however,no guarantee is given or implied as to (817)481-5581 the accuracy of said data. 1OC-7 -../srnrthlakema.n-asn?url=&Left=2376546.4596025&Bottom=7026601.06199649&Right=23964 7/17/00 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC. 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 GROUND SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 2. MINIMUM SETBACK: Fifteen(15)feet from any property line. 3. MAXIMUM HEIGHT: Three feet(3') 4. MAXIMUM AREA: Eight(8) square feet with a maximum of four(4) square feet per sign face. 5. NUMBER OF SIGNS: One(1) sign.per site. SEC. 17 PROHIBITED SIGNS A. GENERAL Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited. 10C-8 City of Southlake, Texas • MEMORANDUM July 26, 2000 To: Billy Campbell. City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Disposition of the pond in Noble Oaks Park Action Requested: Discuss and clarify the disposition of the pond in Noble Oaks Park. s Background Information: There presently is a small pond located in the southwest corner of Noble Oaks Park. Adjacent to the west side of the park is CISD property being developed as an elementary school (CISD No. 5). A small portion of the pond is on the school property. The pond is fed by stormwater runoff from the area north of South Carroll Avenue and dries up to a mud hole during the dry summer months. • When CISD submitted the site plan for the construction of the new elementary school, the portion of the pond that is on the school property was shown to be filled. Because of the close proximity of the pond to the school ground, CISD officials requested that they be allowed to fill the entire pond during the construction of the school. Safety of the school children was a major concern. The plans were reviewed by the city staff, Park Board, Joint Use Committee, Plan and Zoning Commission and finally the City Council. The consensus of opinion was that the pond should be eliminated for public safety. The site plan was approved by the City Council on June 20, 2000 with the entire pond to be filled. The plan to fill the pond has been questioned during the past couple of weeks by citizens. This discussion item is brought to the City Council for re-consideration. Financial Considerations: None. Citizen Input/ •oard Review: Citizen requests to reconsider plan to fill pond. 11 A-1 • Legal Review: None. Alternatives: Allow CISD to fill the pond or leave the pond in place. Supporting Documents: Site Plan Staff Recommendation: Please place on City Council agenda for August 1, 2000 for Council discussion and consideration. Charlie J. i omas City Engineer • • 11A-2 • 0 • \ w..M.o • J _ "-e'. ::crt:1.. \ a� .t P. 15i Z x I _I_ -- I N i0 tIfu1t, ,10.11 21,1 E.i it • J F S L� 4 / r E 1 \meµ N• i'!e _ »I�?�i NIT3r.411 J 'Oci:ii;?i ILI f ��.'• VC.SA ILLE•I .. R 1 ,,EA�"� 1 GGul3 .�� tii--- N--_—r _ a /ftRt / C B. A. S.D. 298'IA 299' 1-- o.,1ae•.0 ie9-■'J i - I •.'Ds IraV" '� .CIA» ril nI. ! I•N. . ♦ N� P.'.T.C.T• .a I - �_ Flatl // L01111AINE BRI VI LOHRAINE COURT' • •• i I ✓N'i�l/rlil{I is »M N1.• ,» ••S`�-", �•s / Y 1 — •'� _ TJJ -- I"• ° .�1yI' Tit IBM.-Nu fs.'E \ CIE _ L `1.. A¢� ,.. gS, Oa•LtAaa Y -r » L. --- I r* GROSS ACREAGE-WWI ACRES 6S •f4 ,'1,1 •:.•Li.. I g. B.. 1 ,` » la L_ d ,CURT'•i se aft • .. n "1"-SV .0.1 ° �\`+`lSr�4'• I ,Rs� ,uon I. RDA DEDICATION FOR S.cAIwGLI AVE.-I.on ACRES • 'u w: it t y i •� -1 • ` ��^('V®�� � -- f,5- 1•- Y I 6 RET ACREAGE AMR DEDICATION-31.2SO ACRES -I`'• q V i� illl�l� ,�d' 77/P' .•� .�,•'�`'"a@'�.11 _ Z ..�..: al ¢` OCT SO.FT..1.101.130 ttl d c"! - f _ ,:a'\' W - <.- ,....„.t ,c>F:;I uf-a ia_L 6-'�....:'1.ic.N;'!^"�.�'�-:- 4 AI 'A»t 1Mj •1 _ • ii. Y 1 rf f�,� _ �� r ?a�� rerdr gerrol,sa� -i � /' P/L CURVE DATA VICINITY NAP 11 - j• u•a.'oa' '-l�>1-E I •dATMn` • ' TSe---. ... _ . '1x.-C'!.'• .' .... 1� ,— r� R•sm.00• cci may.. ., nr Tt� 1 o II I ,w ill M AU' `�.'� I C — — • I C , 2. I SITE OArA SIIYNRT PNASE 1 Px15E 7 IOrAI µ J EL A :aran>vi�' • a l I a� I i:iu�■v• Jaw un•r A e.w Ewd :— ��- �1 �-�11 © ArrMl•HNwM a•t +.r-� -•�'�_r= ___ 111 r i Iiii 1 � .1',t -• '•Y .�fll B• l0 rJ.��.In.s..luY\ v IS L� i; ;a•E rlasle.'Sh's" '..,.. I,1.N}•wadi. M P SLi�� •II A — 11 l[!_�r1M{Y� • aut.d 'MAW A.tiii rla. AI _ 1E,Sr� _ AL as • !t of I.I I �' I (,I - i' �7•iT!�/r 5 \ \ f LTFr died s IIR wilds 4ri.100_E_ 1r .*.ft".. �C ,-. • N I. !t 1111R ?e n.rr•Irr1 ro T.'i»tsN.Ti—E� rii:rl,_ :Ira» ..�, 'rr,IA NANO R CREEK I y III 11 I + • -• BLOCK f.L01 I ' Q L•.1.00• 'F .. ` ,1E 1 .wNc 171:111OY:A,x• \ 1 •11■.W 5/iAI.Q. T.'•li',VA! .Aa=-- 1i.•N•..i. CAB•P A SLyfO/ 1 !II �• atM '• a Ct.O SOU.O.Ncr,— '�1•./ 11�•, VE•s.Stais11NT 11 �I I OA. '. \ r,M••��s 1 s Wit_ —Z: \ �F/..l:1°4._ _ I t r i � ' r g p owrl s a+Yr_sa,:sE a S.. t F T w I 11 SP -- rw lx0 slwARr sew brt. .E 1 ALMA ICI 1 € �.• .• t �4 ,' ff.. I ' POND .,r«,r..»»tM,.�., 111 w __jj .d . \.'!TNln...---_IJ ap :1 i a.m.1,•••11.tr..1,11.. mia Smolt ty _ g _ _� �` .•,, ..,!�. 1Y1L\. __ — .r1.va.,r».r. N_ wizfaa Ells. soNs-•—• =TFg k__. ^ 1 T r.1. ____•"•-S" T - ��.1 - •li_[.Z._ • • �1 DENOTES WILDING ENTRANCES /' y�rr MP,1r- A _ � �•• •'• wl::...�..:..e��1 D •'• ur—_—_ '» Nat ■DENOTES EXTERNAL AUDITORS'LO[AIIPIs W �'—' r L.�� �L��J If — r- .r ,w.. ( 11 Irpa w,l -`�InI�' 1 '1•�• 11 j�� GENERA 191E CONCEMING YN-S11E DRAINAGE IWIDAXNiNIS: DI. • Y' `f[•p? f- -fYO.�G'NL..•.10L LLY.U--- �_r -_ ■ A.Mil f 5'---� - L—.— —_ .'Y•1 .r ALoouGN00,0101INNL IS WOW°I IRIS»C1.INL VOA SO 01 i G 1, C•i. . N� r 1 t- .Y .•N.� T T1•11I seal none---- �' , (p ■�1 R•rA.�:i SC.NOI is0 cr MllrE S THAT THE DRAINAGE BE UOCR- .A.I.C.T. I•]•IT• : 1 •.• I. I .. I : ~I r C II A : . = $ „ C E.WNi`u iiii� GR°Il•Qx A lus aAVER. c _ %_- t 'wi ullI ./ .• .. ,L..•.,. •• I 11 ' II - 10 7 PER Emma E O THE TIF AREE,EN/FOR REINYESI.ENA CON CiYr. v.Sil - I 1W1 .a ... I I EC.. II c N,RN I CK GYEEN I F' ....Lila CCITYi VASSTTFUND TIECECOST Cf THE•BOX cuv[RRi.ETHE$ THE. £ .�.,° ft...... ,. [ ••L cite. A •IDE i150. 5151 '( - O �I.:w.RAC DISTRICT WILL NAVE Y Iws cuvERl CONSTRUCTED Ma THE -- 1 ¢*' W W.I t \ II �! ♦ /L CITY HAS THE EPOS AVAILABLE TO REIIOASE TIE DISTRICT (. 1� \." s1ON TGOAERY LAN$ r 1 - n_Sa:1:i:iimCE FOR THE COST OF THE CULVERT. ( \ YY • °ABED••ENO _ ' A• •\v t;.;. C r� 1 ROfrSaY:47�F:lICf ....41 L— -� n z r •._ ta'. -1J �• «a 49Rf1•' — w F rY "< ii�i:�NA miQcr".i GENERAL NOTE CONCERNING C/AH0.L AYEMIE IWRorcYENr. I J :1 -- 92 I-t -- TSr^ �r // E11 Yl•I::n_+.uM•'1 THE CITY 6 01 III LE HAS INDICATE(THAT CARROLL AVENUE - Nn. I`---� / :1 .S _ _ �N - _fi +: S CIO mauve SHOULD OE FIVE I51 LANES FOI IKE LENGTH OF THE DOOM 1 •dr i,/ . 1 F t a / 1 - '�.■�TEIa FRONTAGE.THE snI01K DISTRICT RILL CONSTRUCT THE '�•"'/ , i'1= 'atI �" Si w . < ri `:: rill W A00 TIBIA THREE UN TANS ONCE THE CITY MS THE TWOS yylr/ / K� b mx Y« I I _Y I 'A - .sr : STREET LE TO REINN•SE HE SCHOl DISTRICT FOR THE / ;, • _ -. �.. �I- _ - _ - \ ..11-1•a STREET WIDENING Mc RELATED DRAIRAI;F IVIIOSEIENTS. m'z I _ Ls) kN 1 t I .r r - ITss'����- - - -- -' \ UNTIL mar nW.THE so.au 01 SIR ICI WILL cuUUN1Gr GGG I I : 1 r E, --I II' A IEW.ARY'UNIT tut AS IIO1u1Eu oN 1NI] - I 1� _ \ NI• PLAN MID IN THE IRAElf IIPAOT ANALYSIS P70101uu RI �„ I I v•. h 'I II .. \ \ \ - N• ITSOT, INr•20 O.aL1NIND Tu THE cln OF SDUmUAXE IN lit T— :1:: ....i�iTai > '`I II \ \ \ �.is AM:IAII -< At 11 -1Y.1M11Ua 1 • ONE, 1 A FOCI(al COOT N104 Van CIAO MIN 1.HE FENCE SHALL SITE PLAN I SUMMARY CHART-BUFFERYARDS CE INSTPLFD ROE THE RIO1T1*-VAT Ff TIEEME LLY ARO CdrUENTE OOULEVAI°AS SELL AS MOIL TIE COROT LOT 1. BLOCK 1 1 I S■1 . PROPERTY LINE 6 TE SCHOOL TRACT RID ENE CITY PAPA _ .MI MI 11°I SHOWN FOR CLMITVI. CARROLL ISO No. 5 ADDITION '�"' ,e'r •w 0'0 * .. a: 10 ..N. F A SIX 1fl FOOT NIGH VMS,CLAD CHAIN`IN(FENCE SNAIL IA TANNAHE NT COMET.ITE OF TEXAS NE X N5f4tFo NONG O0 SIDES 6 M ESIST ING d1AINAGE nu war. .A aa.a ON aaN■ - CH AI•SMAIL AAIN TIE LEMG 6 TIE SIMNWN PROPERTY YEING ICI I.ACRES AS WOOED IN w.,• et ■M MR �• (N01 SHOO FOR MAXIM. V°wE Ens.FACE Of O'1N SWUM CHART-INTERIOR LANDSCAPE 511NA1A0 IN,1••••MALE SIPVEY I.. » » IO■ 001 .NO 1•I•.• a..Nt r.51RA<f xu�1Y1. AMANt DI»(Y. CAA{ 104 wa.a OrUl,uy am ( //15•� +`, j C q(� 1' o. 0 1 .- • e■ Oa .••1 Rem .r,,.: ,1.n•n• •m w I U U d V�� 1 f1 G UQU B AM W •.N MOO ,..M•00 01 41 w N. Ma I... I ••tea am 1IM•M rows ••� . •. —.'r OWUM rwN. .OY.M ,,.M..N. n, .' r .. ,O I r. DfM I. 11 .•..M,1 •"m"� 0.N..• — MIAOW•MOMS ru 1••I10, LOOM I. 11 '•'•r• •» •• r' ••� :a• _ MI f IEWN ML Mrr M 1 CiMLir 1•R N»PIIR Y• N.OYi1..•A THIN Lot O •w Mt a.n.:cMa w.Y, o.ate.. MOArEL CIA I.111 L•a•l,w UM MO 1aVI•A•L•Too M• 0I1I M-YIO RIM w-IRA N 1.a- ..m11 II.MOO 1O ARIL Y°-Mr PNSNIT a14Oa Ill(VEIL O1-»t* CAA .EA OD-Ota ' MITI.•NOW r• N!. elm au. L.OALY:NO at. Ira15F0•-II-IXr Inca I V I . I 30 ' INGRESS AND EGRESS ESM'T. VOL. 5152, PG. 136, D. R. T. C. T. CAMBRIDGE PLACE, CABINET A, SLIDE 4538, ZONED SF-20A B L C K 2 87 10' U.E. STORM SEW MH SAN SEW MH RtM 631.76 RIM 628.75 —� FL 627.48 FL 619.65 5' UTILITY, LANDSCAPE & —1�ALL MAINENANCE ESM'T. ca 1, - 125.0' I 20 DIAMOND KAM S Fc �— OL. 6999, PG. 733, 72 B LC i t 1 LNE STAR GAS ESM, T VO . 4 7 1, PG. 3 73, D. R. T. C. T. I CK ' PIPELINE ESM'T. 9. Rj T. C. T. Ck 2 C " CAPPED S.R.S. V /NC) ;Matte of Qirxtts iRnow All Men try X17rsr forrsrn#s: (IIounty of RTttrrttn# WHEREAS John K. Wetteland and wife, Michele M. Wetteland are the sole owners of the following described tract of land to wit: ALL that certain lot, tract or parcel of land situated in the J. W. HALE SURVEY, ABSTRACT NO. 803, Tarrant County, Texas and being that some tract of land described in deed to John K. Wetteland and Michele Wetteland as recorded in Volume 13757, Page 12, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch capped steel rod stamped "CARTER & BURGESS" found for the southwest corner of said Wetteland tract, said rod being an inner corner of Lot 1, Block 3, South Hollow, Phase I, an Addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 3091, Plat Records, Tarrant County, Texas; THENCE NORTH with the westerly boundary line of said Wetteland tract and with the easterly boundary line of said South Hollow, Phase I, passing at 496.02 feet a 5/8 inch capped steel rod stamped "CARTER & BURGESS" found for the most northerly northeast corner of said South Hollow, Phase I and continuing a total distance of 502.20 feet to a 1/2 inch steel rod found for the northwest corner of said Wetteland tract, said point being in the southerly right—of—way line of Rainbow Street; THENCE South 89 degrees 35 minutes 36 seconds East with the northerly boundary line of said Wetteland tract and with said southerly right—of—way line a distance of 553.19 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the northeast 150 corner of said Wetteland tract; 21,43 so.FT. ��'� / ��'�� - \ I {\\ O THENCE South 00 degrees 06 minutes 16 seconds West with the easterly 1 N GRAPHIC SCALE IN FEET 1 = 50' boundary line of said Wetteland tract a distance of 387.82 feet to AREA U DER go 00 on axle found for the southwest corner of Lot 2, Block 3, Cambridge 9 TREE OVER ` ?,Q;651 Sp.FT. � �� —UO ��� ` Place, an Addition to the City of Southlake as recorded in Cabinet 10 U.E. 198.47' j �! // ��'�� �\ �\ 7.5' U.E. A, Slide 2873, said Plat Records, said axle being the northwest B LO K 1 O EAST i 25,583 FT. �� I \ corner of Lot 6, Block 3, South Hollow, Phase 1 1 , an Addition to the / 1 // I I City of Southlake as recorded in Cabinet A, Slide 4156, said Plat _I Il I I I t Records; � I `- ��\ �� / 1 1 THENCE South 00 degrees 40 minutes 42 seconds West continuing with 2 � 135.00, \42 I / ' 1 213.53 EAST �� 92.8 the easterly boundary line of said Wetteland tract and with the W e 830 FT. /1� westerly boundary line of said Lot 6 a distance of 135.49 feet to a U� I SERVICE/POLE W/METEIR � � I i I 1 � w I � �� � 5/8 inch capped steel rod stamped "CARTER & BURGESS" found for the b I I a (0 15' D. k U.F. southeast corner of said Wetteland tract, Q � ^I 1 ELEC TRANSFORMER � � I �I I � � i �� � / said rod being the _ I 1 ;' I + �I►I� I � northeast corner of Lot 5, Block 3, said South Hollow, Phase I; 1 I I , BLOCK.- n1, � o I 1, ! I III ,� \\ \ \� I 1 ,�� / zo' plpELlN 11 THENCE North 87 degrees 23 minutes 56 seconds West with the Q �N II 1 198.47' I I ! 1 \ 1 11 Q ��, w' EASE — I southerly boundary line of said Wetteland tract and with the rn 15 U.E. 1 8 / o o l 0 4 / `I' C A M B RIDGE P A C E, PHASE northerly boundary line of said Block 3, South Hollow, Phase I a N N I t EAST I 1 ! l 1 1 �f / . W 1ti �- -�— 22.fi26 SQ.FT. / / —� I distance of 551 .43 feet to the PLACE OF BEGINNING and containing O W � � �, 1 I Ili 11. I l �1 � ,n � I I ^�� ) I I � CABINET A, SLID 2873, PRTCT 9 I I / ti I II 6.5043 acres of land, more or less, as surveyed on the ground by I ! 1 1 / I / r 0 I I ZONED S —20A �N �_ ' i j I I I 1 •t \ I I _ I ,� , I! I I David C. Moak Surveyors, Inc. in the month of Apr i I 2000 A.D. Qj O ' �---5' U.E. gilt \\ 3 /� I \\\\\ IIIII) I 2 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS C I I \ ( 1 1 S \ll\ I O BLOC O gg ( O I 11 � I THAT John K. Wetteland and wife, Michele M. Wetteland do hereby Z I I l \\ 20,0©9 SO -FT �2. // !11 �� > I �\\\ C+ I \ \ \ l CURRE &PROP ZO,IVING 35,172 SQ.FT. 111 I to N\\ I I adopt this p I at designating the here i nabove described property I , I ��I IN w )I II I - as LOTS 1 THRU 10, BLOCK 1, WORTH I NG ADDITION, an Addition to t he 321. 81 ' SF-20A 1 1 1 lco I I I I I I M' l I ,', / \ 11\11 w �I� I I City of Southlake, Tarrant County, Texas and we do hereby dedicate t— 10 \,II.E. �s 1 \ ► 1 ►1 w I � 0 11 I\ Iillt to the public all streets and easements shown hereon. O O3 171 .82 ' - i' i EAST N S 87'23'58 I? I I 1 1, \\\��___ I WITNESS our hands at Southlake, Tarrant County, Texas this \� 50' "0' �oo.00 so, I i \��\ �`__ i day of 2000 A.D. 01 15' U.E. \\ SOUTH HOLL 0 W DRIVE BENCHMARK: SQUARE CUT ON SOUTHWEST CORNER OF INLET SOUTH SIDE OF RA / NBOW DR / VE 60 '.t EAST OF q SUSSEX ELEVATION — 628.438 r NOTES: 1) NO LOT IN THIS SUBDIVISION CONTAINS AN AREA OF LESS THAN 20,000 SQUARE FEET 2) ALL SIDEWALKS SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY ORDINANCE QUANTITATIVE LAND USE SCHEDULE EXISTING EXISTING PROPOSED NUMBER OF GROSS DENSITY -DU /GROSS OPEN SPACE PHASE LAND USE ZONING ZONING UNITS ACREAGE ACREAGE AREA/% 1 RESIDENTIAL SF-20A SF-20A 10 6.5043 AC. 0.65 DWELLING UNITS PER ACRE 0% /U U'Kly(r. CJM L TH HOLLOW, PHASE CABINET A, SLIDE 4156, PRTCT ZONED SF-20A PONDEROSA OWNERS: JOHN K. WETTELAND AND WIFE, MICHELE M. WETTELAND 100 HARVARD DRIVE SOUTHLAKE, TEXAS 76092 APPLICANT: TALISMAN HOMES — PETE CLINE, AGENT 1609 OAK KNOLL DRIVE COLLEYVILLE, TEXAS 76034 TEL (817)571-9554 FAX (817)571-6665 John K. Wetteland Michele M. Wettelanc STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this date personnaly appeared John K. Wetteland and Michele M. Wetteland, known to me to be the persons whose names are subscribed to the above and foregoing instrument, and acknowledged to me that he/she executed the some for the purposes and considerations herein expressed and the capacities stated. =I Notary Public for the State of Texas Printed Name My Commission Expires PRELIMINARY PLAT OF LOTS 1 THRU 10, BLOCK 1, W01? THIIVAG ADDIT101V AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING 6.5043 ACRES OF LAND O UT OF THE J. W. HALE SURVEY, ABSTRACT NO. 803 TARRANT COUNTY, TEXAS CONSISTING OF 10 LOTS SOUTHLAKE CASE NO. ZA 00-057 The plat hereon is an accurate representation of an actual survey made on the ground under my supervision and the lines, corners, and dimensions of said property are as indicated; 0D J U N 9 8 2000 David W. Myers, R.P.L.S. No. 4585 REVISED 06-16-2000 PER CITY COMMENTS - 1' 50 REVISED 05-25-2000 CHNG LOT LN 60 SCALE REVISED 05-23-2000 PER CITY COMMENTS LEGEND y DAVI ley.+ . � 34OAX .............. DAVID .......... :... W. MYERS Sua'v I �;t, Inc. • 0 FOUND STEEL ROD SET ••••••• • ••• • ••••• •••• •••• •••• 4565 � REGISTDM Ft�FSIONAL CAPPED STEEL ROD NPCONCRETE CUTSTEIN 4' ORoFEssio`'fy�� LA D TRS + FOUNSS D IPED �UR�E P.O. BOX 4, HL' XAS 76053 0 FOUND B01 S D' ARC STAKE ,1 METRO (817)2682 A. t- (817)99-82-0401 UTILITY LINE - CENTERLINE FENCE COORDINATE FILE: 00-088 DATE APRIL 13, 2000 JOB# 00-086 L'D J O O 0 CU Cll C1i v rn c 0 ZE a) TD 0 0 a CL L 10 LOD a CITY of SO KE N '40' E CiTY OF GRAPEVINE PROPERTY DESCRIPTION 160. OF 1� WHEREAS JOHN W. SIMMONS is the owner of a tract of land in the J.L. Whitman S IT48'30' E Survey, Abstract No. 1593, being the remainder of an original 160 acre tract as 87.36' recorded in Volume 3258, Page 679, and also being Lot 1 and Lot 2 of the N DAM E. DOWD a CAROLPERUSEi( Simmons Addition an Addition to the City of Southlake, as recorded in Volume VGLUWE 383-197, PACE 77 P.R.T.C.T. LOT i - DOWD AODMON N 271135" E -iRF 383-181, Page 70 of the Plot Records of Tarrant County, Texas and being more 122.49' \ 05' 18'DO' E particularly described as follows. S N 27'15'25' E EXIST. FLOODPLAIN 78.71' 57.34' s RECORDED PLAT BEGINNING at an iron rod found for corner, said corner being the northeast corner Vol. 3-181, Pg. 70 of Lot 8, Block 1, of the Rainforest Addition, an addition to the City of Southlake I � TR T.C.T.- as recorded in Volume 388-165, Page 58, Plat Records of Tarrant County, Texas; 0 50 100 200 300 i � IF � TR W TR --j -.. TR 8001A 29W MOOKw000 LN \ 1 S 19'40'10' W Thence N 89 degrees 56 minutes 10 seconds W, 232. 75 feet to a found iron rod BOY R. CAVC.LA VOL e127 PG. 1244 I \ t 19.34' for corner; Q ALVM R. � J°ii4 � DEBRA M'EBER 11 3 1a. 4602 PG. 856 VOL. 12415, PG. 2097 VOL. 59M4 PG. 134 o N SCALE IN FEET w I o ZONING SF N 10'34'05' w • 1 Thence N 67 degrees 22 minutes 05 seconds W, 388.97 feet to a point for comer- 1* = 100' LOW DENSITY 126.85' 1 I - - - - -- - - IRF Thence N 00 degrees 59 minutes 00 seconds E, 274.84 feet to a found iron rod -I 2848 I 1850 ,t for corner, OF wssEr 1st° TREE sourNUKE, TExAs BROOKWOOD LN. 99.57' Thence S 89 degrees 35 minutes 55 seconds E, 171.61 feet to a found iron rod KE, - - �- N }0' S5' ----- - - I F- - EX. 81V 60' R.O.W. / ._ .54' for corner; ZONING SF} -A W�oso 00 rRr 1 2851 1 o� Thence N 00 degrees 22 minutes 00 seconds E, 239.54 feet to a found iron rod 28+9 TR sw2 -o S 32 294 " E for corner, said corner lying in the southerly R.O.W. line of Brookwood Ln. (a 60' LOW DENSITY / N � '" ` a I TR 81 TR 8w DAM titer +uRG�T wustl N is21j' Lop'-', R.D.W. ; N VOL. 9127 PG. 1244 66.63' J L � 3 3 JG�E k JA/AEs N°RINN EDI[AftD F. BROWN TR ew3 z Va 11013 PG , ►a. 9M PG. 464 2900 BRiDo4tlNDOD Lx. F Thence S 89 degrees 28 minutes 35 seconds E, 60.00 feet along said southerly "''01 DAW & qXT VALg' IDNI SF1-A ro,. 9127 PG 124+ rR a, �" APPROx R.O.W. line to a found iron rod for corner; / 100 YR. FLOODWAY TR 8x g g LOW DENSITY : SF1-A 'D ►� 6 \N 4250'55' E (YMD) Thence S 00 degrees 07 minutes 40 seconds W, 173.21 feet departing said southerly BU NARK HUB94FX o " Wr ff ARf1Rr. 49.92' uar R.D.W. line to a found iron rod for corner- 2725 rauNTREE z '- / 89'08'15' E 199.36' / 5 89'51'40` E 165/ .45' S 89'31' ' E -1 7' S 89'46'20" 4 17' glv� . » 1 .ih N o0•0000• E S 16'2625' W Thence S 89 degrees 08 minutes 15 seconds E, 199.36 feet to a found iron rod �' i0 H 8.19' ,17F 1 t7,88' for corner; I �/U 30'4124' w / ,RF S 89'3555" E 171. 1' 2 CONTOS f 3 2877' Thence S 89 degrees 51 minutes 40 seconds E, 165.45 feet to a found iron rod a f LOT 1 0 k for corner, �`� 12>5 43, 780 S F 51. $ LOT 2 ` - - - - -- - S 34'39 35 ` E ' 43,664 S.F. LOT 3 0 - 51.09 3 �� Thence S 89 degrees 31 minutes 20 seconds E, 164.27 feet to a found iron rod \ 48,745 S.F. S f004'10' W for corner; A4LaS EAsakE, 8 .'� � � 71.57' �fiE 7'*O RAINFOREST ADDiT10 It ' 3044! PA \ \ :'► BF_ AP*0ONF.. 6'` LOT 4 1 Thence S 89 degrees 46 minutes 20 seconds E, 145.17 feet to a found iron rod VOLUME 388-165 E 58 �; \�• ��, ��' 164,444 S.F , 36'29'20' E for corner; 4 ' BUILDING LINE ONiNG SF1-A 35*223,5• w > 4389 Thence N 42 degrees 50 minutes 55 seconds E, 49.92 feet to a found iron rod for \ .`" 76,545 S.F. 2lN (TO BE ABANDONED) s`� �_ .� _ 4 4. �' - S 57335` W Comer; LOW DENSITY 46Z1_____-_ LOT 13 \ 1 i26' ��. \ 9 J.M. s8 PG ' 94.62' Thence N 36 degrees 16 minutes 25 seconds W, 166.63 feet to a found iron rod VOL J258 PG. 679 � $ j-%i-'25" E . ' � �}� 1x for corner, 2860 Z S 33'16'35' awro K. sPAor \ A5.90'- �8.3!_ � � � s 'y 70.21 ' ZONING RESIDENTIAL VOL 10321 PG. 895 EXIST. :9�. w Thence N 10 degrees 33 minutes 55 seconds W, 65,54 feet to a found iron rod for 2-S-8 ROP. 10' U.E. '�J `� `� a \ 284 BROOK L �e3- ti \ 44.73' corner; 0 40' BurLO! LINE � `� � �+ % R� % IRr 2� WINDING CREEK ESTATES ,r0 t8"t200" w g PROPOSED ETS �� PR S , 62.39' CITY OF GRAPEVINE Thence N 10 degrees 34 minutes 05 seconds W, 126.85 feet to a found iron rod \ N s�??bs• 4 LOT 2 g 46o2721S.F OP. 15' S 8 � �00' E ZONING R-7.5 for corner; 8 LOT 1 p,R G. ESYT SIMMONS ADDITION \ "572 CONTOUR Thence N 27 degrees 15 minutes 25 seconds E, 57.34 feet to a found iron rod for $ VOLUME 383-181, PAGE 70 S 18'40'50' E corner; RAINFOREST CT. _ :�4 Z P. R. T. C. T. LOT 5 90.02' so' R.o.w '�-,_` ZONED SF1-A � } 43,670 S.F. � � � Thence N 27 degrees 11 minutes 35 seconds E, 122.49 feet to a found iron rod r r27 7s' 263.83' , _ 6T5230" w for corner; "'1 10 W 2. 25.46' s 89'40 20 E 158.83 1Rr ( N 89'4102' w 244.48 .J7 S '5635' E Thence N 83 degrees 08 minutes 40 seconds E, 160.48 feet to a found iron rod r1 OF BEGINNING .26' s 65 17'20" E for corner; 2829 LOT 6 Thence S 19 degrees 48 minutes 30 seconds E, 87.36 feet to a found iron rod for 3 / � - LOT 10 � � I � 50,399 S.F. � � S OT40't 0 * Comer; � E a6,9s8 S.F. 101.71' JWW & LO" SAYER 8 Thence S 05 degrees 18 minutes 00 seconds E, 78.71 feet to a found iron rod for PG. VOL. 11431 2055 I ^� = •= �--- - - c `:_ L, _ --i comer; 2&V a PROPOSED IN I PROP. 15 JW WNELL I PROPOSED 42" RCP rORNG ESMT. / S 11' 930• E Thence S 19 degrees 40 minutes 10 seconds W, 119.34 feet to a found iron rod ,a 7918 PG 1740 - - /-- - RAINFOREST ADDITION Ifor corner; S 89'41'DY £ 31804, VOLUME 388-165, PAGE 58 r S 73 50' W 13o�1 11 .41' Thence S 44 degrees 04 minutes 35 seconds W, 99.57 feet to a found iron rod for ZONING : SF1-A + corner; 1 ZONING SF1-A PR V WIDTH DRAINAGE ESMT \ / ( I t LOW DENSITYI g, W S 2 f 14,13' E ` -,2, Thence S 32 degrees 59 minutes 25 seconds E, 142.46 feet to o found iron rod + ? EXIST LOT 7 t �� for corner; ,. s 40 20 E 1581 2 - - z 2 BROCKWOOD 4 2819 U I / Thence S 16 degrees 26 minutes 25 seconds W, 117.88 feet to a found iron rod 4-R LOT 2 ` s 41.,0.8 5' E for corner and continuing with the approximate centerline of Jones Branch the m 80.85 � 9 AP sTEP1,eN a KAREN APPLE � SIMMONSSiMMONS ADDI�U VOL- 9606 PG. 1403 VOLUME 383-181, Csj / � � � AGE � ft000PLAlN � following bearings and distances; W angle degrees 41 minutes 24 seconds W, 28.77 feet to an P. R. T C. T (TO BE FIELD VERIFIED 2a10 • Q AT ELEV.. 563.0) Thence S 30 de oint; i + ZONED : 1-A I S 25*48*30' E 9 9 P N/414E7_rE LocKxeRT / Thence S 34 degrees 39 minutes 35 seconds E, 51.09 feet to on angle point, .wEs & NANCr r�Ew1E z LOT 9 / �. sr 28 40 w VOL f 1`990 PG. 103 43,844 S.F. / 5. ` w 57,13 Thence S 10 degrees 04 minutes 10 seconds W, 71.57 feet to on angle point; It51.63' '17 S 49'4420' w S 14.5750' E Thence S 36 degrees 29 minutes 20 seconds E, 43.89 feet to an angle point; PROP. 10' U. --147 62.86' 103.08' 2809 \ I S 26'48'05' E APPROX. LOC4TiON OF Thence S 45 degrees 23 minutes 35 seconds W, 35.41 feet to an angle point; r0.56' \ 66.39' N 55'37'05' W 100 YR FLOODPLAIN 5-R 163-51' /� / 134.27' (RALY DrEYELOPED) Thence N 89 degrees 51 minutes 05 seconds W, 94.62 feet to on angle point; KENNETH d ANGUA NORTON / \� N 13 �" E S 7546 40" E 7� V% 11924 PC 20M 2800 78.59' Thence S 35 degrees 22 minutes 35 seconds W, 46.71 feet to on angle point; S 35109'50' W / CARRY J. LOT 8 10, GooOEN 103.05' Thence S 33 degrees 16 minutes 35 seconds E, 70.21 feet to on angle point, \--�/ / 7 ►a 4W PG 1243 79.416 S. F. / % S 7343 20" 75- 13' Thence N 56 degrees 01 minutes 15 seconds E, 68.94 feet to an angle point, - es PROP. 30' / DRAINAGE ESMT. / ~ r S 27'00' W 99.09' ENEEME CITY--0E--SOUTHLAKE / I CITY F G EInNE \ IRF N 89'04'40' .W 1. � 376.53' BOB a sl4rnr cAR11wz1�r�+T r9 � Va, 13878 PG 138 JOSEPH IMRTIN STE4£N tr AIARY 5l;ORSONE 18 Vtk. 11478 PG 46\a 10496 PG 354 31 29 .. �` 30 J"MILLMA1WN % - / \ NU. 10675 PG 872 17 MiRCii a SQP►M YMi'TM 0 wlrirN h 16L71EIL L'RYAN W 12991 PG +9 "4kD & LIS4 ASS ►tX. 11064 PG 1207 KJL I1173 PG 890 \ / 20 A USM OAKS AUSTIN AK5 ADDITION ADDITION Cabinet A, Slade 408 Z ZONING SF1-A l B OCK 2 T, ZONING : R-7.5 LOW DENSITY � 1Q) �-o U U NO DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD C-1 90' 18 10 200.00 201.06 315.22 S 44'4 7 05 E 283.59 C-2 90'15'50" 200.00' 200.92' 315.08' S 44'48'15" E 283.49 C-3 90'03'50" 175.00' 175.20' 275,08' S 44'54'15" E 247.63' C-4 1550 225.00 226.04 354.47 S 44'48 15 E 318.93 C-5 27 00 50. 50. .62 S 4 '1940 W 0.71 C-6 90'15'50" 175.00' 175.81' 275.70' N 44'48'15" W 248.06' C- 90'1810' 225.00' 226.19' 1 354.62' 1 N 44'4705 4 W 319.04' ` No BEARING OfSTANCE rn L-i 5 BT4020' E 25. 00' Thence S 05 degrees 35 minutes 10 seconds W, 44.73 feet to an angle point; Thence S 18 degrees 12 minutes 00 seconds W, 62.39 feet to an angle point; Thence S 83 degrees 23 minutes 00 seconds E, 55.86 feet to on angle point; Thence S 18 degrees 40 minutes 50 seconds E, 90.02 feet to an angle point; Thence S 68 degrees 52 minutes 30 seconds W, 25.46 feet to on angle point, FLOWAGE EASEMENT NOTE ELEVATION 572 iS THE BOUNDARY OF THE FLOWAGE EASEMENT AS OUTLINED BY THE U.S. ARMY CORPS OF ENGINEERS. ANY ENCROACHMENTS INTO THIS EASEMENT MUST OBTAW WRITTEN APPROVAL FROM THE RESERVOIR MANAGER AT THE FOLLOWING ADDRESS: GRAPEVINE LAKE PROJECT OFFICE U.S. ARMY CORPS OF ENGINEERS RT. 1, BOX 10 GRAPEVINE, TEXAS 76051 Thence S 27 degrees 56 minutes 35 seconds E, 28.26 feet to an angle point; a0WROO Thence S 65 degrees 17 minutes 20 seconds E, 49.53 feet to an angle point; PROJECT Thence S 07 degrees 40 minutes 10 seconds E, 101.71 feet to on angle point: _ L 0CATION Thence S 11 degrees 35 minutes 20 seconds E, 35.93 feet to an angle point; U Thence S 73 degrees 36 minutes 50 seconds W, 116.41 feet to an angle point; < DR. � RAwrREE Thence S 27 degrees 41 minutes 20 seconds E, 114.13 feet to on angle point; Thence S 41 degrees 13 minutes 45 seconds E, 80.85 feet to an angle point; Thence S 25 degrees 48 minutes 30 seconds E, 50.00 feet to on angle point; lwH 114 Thence S 81 degrees 28 minutes 40 seconds W, 57.13 feet to an angle point; .� Thence S 14 degrees 57 minutes 50 seconds E, 103.08 feet to an angle point; Thence N 55 degrees 37 minutes 05 seconds W, 134.27 feet to on angle point; Thence N 75 degrees 40 minutes 55 seconds W. 51.63 feet to on angle point, - Thence S 49 degrees 44 minutes 20 seconds W, 62.86 feet to on angle point: LOCATION MAP Thence S 26 degrees 48 minutes 05 seconds E, 66.39 feet to on angle point, Thence S 75 degrees 46 minutes 40 seconds E, 78.59 feet to on angle point; Thence S 35 degrees 09 minutes 50 seconds W, 103.05 feet to an angle point; Thence S 73 degrees 43 minutes 20 seconds E, 75.13 feet to on angle point; Thence S 30 degrees 27 minutes 00 seconds W, 99.09 feet to a point for corner where the centerline of Jones Branch crosses the most southerly line of this tract; Thence N 89 degrees 04 minutes 40 seconds W, 376.53 feet to a found iron rod for corner; Thence N 00 degrees 19 minutes 40 seconds E, 758.70 feet to the POINT OF BEGINNING, and containing 20.713 acres of land or (902,193.09 square feet), more or less. SITE DATA EXISTING ZONING SF1-A L. U.D. "LOW DENSITY RESIDENTIAL" GROSS ACREAGE 20.71 ACRES NET ACREAGE 18.33 ACRES TOTAL LOTS 13 PROPOSED DENSITY 0.6 LOTS/GROSS ACRES A PRELIMINARY PLAT OF SIMMONS ADDITION A 20.71 ACRE TRACT LOCATED IN THE J. WHITMAN SURVEY, ABSTRACT NO. 1593 CONSISTING OF 13 RESIDENTIAL LOTS IN THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS OWNERS: J. W. SIMMONS 2845 BROOKWOOD LANE SOUTHLAKE, TEXAS 76092 (817) 481-0190 ENCINEER: WASHINGTON & ASSOCIATES ENGINEERS - PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 FAX 485-4106 CHRIS and NANETTE PARKER LOCKHART 2847 BROOKWOOD LANE SOUTHLAKE, TEXAS 76092 (817) 329-6097 SURVEYOR: STEVE MILLER LAND SURVEYING REGISTERD PUBLIC SURVEYORS 1240 SOUTH RIDGE COURT HURST, TEXAS 76053 (817) 282-7860 APRIL 26, 2000 JOB NO. 312 -001 FILE NAME: Pplat-312-001 'ECU JUL 12 2000 CASE NO.: ZA 00-036 [i L.U.D. = MIXED USE ZONING = AGRICULTURAL LOT: TR IA EXISTING 6' TALL FENGE PATSY GALHOUN (OWNER) TO REMAIN EXISTING PARK I NO � IN BUFFER YARD N S0io 4'?' 40�� E 225.CI4 1 � / i if x�� % R K•"�A�k' X x x x x x x X x 3p �x ������#} I�TXI L I �; YE�...ii�#T. x x x X X X x x x X X x x X X x x x x x �, 4 PA S x x x x X x x x A X x X x x k X X x k x X x x X x x k x x x x x X X X X X 4x x X x k X X x x x x x x x x X X x X x x k x X x x X X x x x % % Y k X K x X X Xx X X x x x x x xiy X x Y X x X x x x X x x x X X x % % X I Y X x X k X X % x x Y N Y K x X % X k x X k x X x x x X x % N X % x x x c. x X x x X x x x� l E i x 1 40 ox i x x x x x x x x x x x I x x x x x x x x) x x x x x x x x x x x x x x .y x x x x x x x x x k Y 'x, x x x X x x XI z x x x x x EX 15T I NC 5U I LI7 I NC Q : x O � xX x X • •k `� kl 75'-8" x 125'-4" (ONE STORY) q.484 S.F. O 5N IU x x k 0 X r L A I z� t X X x o x LW X CUSTOM CABINET FABRI GATT ON COMPANY x x N O X XI ASSEMBLY, STORAGE AND OFFIGES X x % x x� x v/ x x x x x It x% x X x O XOx xxX W wN I xXx XIJ N x x) x x x X N x x L.U.D. = MIXED USE Z x ©;� x x x x x x x x ZONING = AGRICULTURAL Xt'Nnx q' x 15' TYP. - EXISTING WALL MOUNTED X x x X X X X x r x x E AREA LIGHT, TYPICAL xxx laf1 x x x LOT: TR IB3 x x � PARKING SPAG Wx x x x x x BOB CALHOUN v x x x x x x Ch X x x xQX z x X x (OWNER) X X x x x X I I w• x x k x Y x Y X X k k (L • x X % x % k Y k x Y % k k % k /// % x Y % Y Y X X X X % x % X X x X k x x Y X X Y X X X x x X x x x K x % x % x Y X Y x x x x x x x x 0 24'R x x xI_x Q :I w _ v I �x 'L A I / Xxxx v ~ v 25 GES Yxxk�, SEWER I x X x X x x C/ z GLEANOUT x x X X IX k l /� x k % Y x x CI` x x r z� xxx _ EXISTING -:� �� xxXxxxr ix �� x%xxI Lf) �J �_.24'FIRELANEl�C�.r �a xxxxxr X O � k x x I I '"� I x x X x x x w �- --� - _ OF NORTH OAV�8 EXISTINO GONGRETE PAVING _ BUSINESS PARS x X x x x x r - — - \ I x x x x x y { HOWN UNSHADED x x x x x 35 R� X x x x T. T r—r x x x x x T T. T- x x x x x - � x x • x x N 1 L x x x x NEW G O G RE < x O L S HO W N • x x x x X PAVING x x x x x x x x x I • •X •Y••x •% • k k x. , %. D xxX. SH ADED •':� �� X x x X IC, •' x x •' •' • X k x x x x x x x k x X x X DUMPSTER '" F9'� 110'-O" k x X x x X x�� k x x x % k j x x x x x �\ I k k x 1 I X x `/ ` X ��X64'R> INDUSTRIAL ZONING = I I INDUSTRIAL LOT 3, BLOCK A, NORTH DAVIS BUSINESS PARK SLJ EXGHANGE LIMITED (OWNER) x x r x k Y xY x x x x j`�' PROPOSEfl 5U 1 LO 11 `� X l X_ ' xx 55'x 110' (ONE STORY) 6,050S.F. x x x x x x x x x x x x x x x x �- EX 4xXxxxxx/xXxXXXxxxXx p ST IN 0 IVEWAYS BUILDING MOUNTED AREA LIOHT (TYP.) � x x x X X / O GUSTOM GABINET FABRICATION GOMPANY J Y " x x x x x x x x x is x x x X X X x . x x x x x x x x x x x x x x x x x / xxxkXxx/XXxxxxXxXxx� 53'-0" x x u') ASSEMBLY, 5 ORAOE AND OFF I GES REF. TO EXTERIOR = / x x x XxxXxx xxxxxxxxxxY ELEV. FOR HEIOHTS.m x k X X x X( x X x x x x x x x X xxx RESIDENTIAL xX.x...YXXxxYxXxX xxX MA5ONR'r'GONSTRUGTION. BRIGKTO AXXXXXXXxXxXXXXx O x x x X x x x x x x x x x x x x N x x MATGH EXISTING IS PROPOSED o Xxx xxxXX�xxxXxXxxxy _WATER O x x x METERS Y Y X Y Y X Y % x * X X M. x x x X X X x X x x N k X a x X k X O X X x x X x x x x X x x x x TT; x-x x. X X k X x x x x x x x X % X X X x X X x x I Q F L.U.D. = MIXED USE X y // Xv x X x =' x x X x x x x x X X x x Y x x�X Y x x Y Y x Y x X x x X x x�W x x x x x x X x x X X ZONING = AC�RIGULTURALL / y x X X x Y ' Y/7� Y r x x Y X X x x x X7� X-% M x x M x%%% x x x Y X x k X X x X X X X X x X Y X X Y Y x x x x xI LOT: TR IB4 ,? ; /�'��/.- / x x X x x X % X X x X X x x x x k x BRIAN ZVONEGEK �( 8-�► 0 3Q ,4� „ .� ,!/�- (OWNER) i 8 I.36 G p I � 1 T� II I- �L•A� S INO FENGE ON � 3 /S/, r of oR � �4 r Al /NF SREENWODI7 DRIVE R.O.W WIDTH VARIES Inn' r)IAMFTPR rIJI_-DE-SAG - O 10 20 30 I - A EXI T ADJACENT PROPERTY L.U.D. = ZONING I DUSTRIAL \ = I I INDUSTRIAL N RTH DAMS u� C� 20 51 TE i7ATA SUMMARY CHART ANTICIPATED CONSTRUCTION SCHEDULE START &1 /2000, END 12/1/2000 EXISTING ZONING: 1 I, INDUSTRIAL L.U.D. INDUSTRIAL GROSS 4 NET ACREASE 1,38 ACRES, 60,221 S.F. % OF BUILDING SITE COVERAGE 26 95 AREA OF OPEN SPAGE Iq,550 S.F. • OF OPEN SPACE AREA 32 % • OF OUTSIDE STORAGE 0 % FXISTINC NEW TOTAL BUILDING AREA BUILDING AREA BY USE OFFICE ( 1:300) 625 S.F. 1,475 S.F. 2,100 S.F. WAREHOUSE/ASSEMBLY ( 1:1000 ) 8,55q S.F. 4,575 S.F. 13,434 S.F. BY USE REQU I RED PROVIDED PARK IN6 21 SPACES 21 SPACES OFFICE ( 1: 300) 7 SPACES WAREHOUSE/ASSEMBLY ( 1:1000 ) 14 SPACES LOADING SPACES 10' x 50' 2 SPACES 2 5PAGE5 10' X 25' 2 SPACES 2 SPACES-7 IMPERVIOUS GOVERASE: 54 %, 32,88S.F. BUFFER YARD LANDSCAPE PROVIDED 5,g06 S.F. BY USE REOU I RED PROVIDED INTERIOR LANDSCAPE 3,107 S.F. 3,107 S.F. BUILDING 20R5 3,107 S.F. PARKING PARKING 420 S.F. LOT I, BLOCK , O BUSINESS PARK z CLARENCE HILL (OWNER) vLu Q APPL I CANT ANI7 OWNER Q ROD&ERS MILLER J.I.L. CUSTOM GABINETS (817) 421-20g7 2150 67REENWOOD DRIVE FAX (8I7) 421-20g7 SOUTHLAKE, TEXAS 76Og2 PROPOSED USE: GUSTOM CABINET FABRICATION BUSINESS NOTES: I. TRAFFIC, IMPACT ANALYSIS HAS BEEN WAIVED BY PLANNING STAFF. 2. TREE SURVEY NOT REQUIRED. THIS SITE DOES NOT HAVE ANY SPECIMEN TREES. ANY EXISTING TREES PLACED ON 51TE WITH ORIGINAL 51TE CONSTRUCTION WILL BE UNDISTURBED, RELOCATED OR REPLACED. 3. NO BUILDING SIGNS, OR EXTERIOR AUDITORY SPEAKERS ARE PROPOSED AT THIS TIME. ANY FUTURE BUILDING OR SITE 516NASE OR AUDITORY 5PEAKER5 WILL BE INSTALLED IN CONFORMANCE WITH CITY ORDINANGES AND REOUIREMENT5 AT THAT TIME. 4. EXTERIOR LIGHTING WILL BE BUILDING MOUNTED HIGH PRESSURE SODIUM AREA LIGHTS AT LOCATIONS AND HEIGHTS NOTED ON PLAN. LIGHTING WILL CONFORM TO CITY LIOHTIN6 ORDINANCE. 5. MECHANICAL EQUIPMENT SCREENING: THE PROPOSED BUILDING 15 AN ASSEMBLY AND STORAGE SPAGE AND WILL NOT HAVE AIR GONDITIONIN6. ROOF MOUNTED EXHAUST FANS AND INTERIOR HEATERS WILL NOT REQUIRE EXTERIOR MECHANICAL EQUIPMENT. 6. THIS PROJECT WILL HAVE NO EXTERIOR STORAGE OR 56REENIN6. 7. NO ON SITE LIQUID OR SOLID WASTE TEMPORARY STORAGE FACILITIES ARE PROPOSED FOR THIS PROJECT. I 0 �N 655 0I� 655 652 • N Scf o4l'40" E EXI57IN6 5UILi71NC FF. = 654.3' y 225.0141 FIRE SPRINKLER "Y" GONNEGTION 1! cy- Lu � z CL z LL 2.1 :.:.I GO 155 ((� 'L0 XISTINO GONGRETE PAVINO SHOWN UNSHADED FIRE SPRINKLER , . S \ / I tK "Y" GONNEGTION b 4) y T. T.T ` b — :.�'TT: T: r'T + CT•oaf'. 'J [ .1t •f• �. EX S TIlJ :b • :1 +. :A DRIVE 650 NEW GONGRETE PAVING S.S.- SHOWN SHADED 653 i I 652 � 651 I 6 S W PROP05En �U I LD I NSA 651.4' S,� W ��- �� �0 T" WATER 64. - - METERS -- - 64q ---_- -- -- 10 FH ��-- 648 - b 7- - 64— - - - - - - �`'-- --- -- FIRE SPRINKLER VAULT ��� 7 3q 45 W 181.36' /'N CRA:;)lNC/UTILITY PLAN 1 $ENCH MARK L.U:D. = 5P1 (5PEG I AL) 6PS MONUMENT NO. 42 ZONING = INDUSTRIAL LOCATED 112.5' NORTH OF THE INTERSECTION OF LOT IR, BLOCK B, NORTH DAVIS UNION GHURGH/CONTINENTAL BLVD. AND DAVIS BLVD. BUSINESS PARK IN THE WEST R.O.W. OF DAVIS BLVD. GURTIS KIDWELL (OWNER) ELEVATION = 628.43' SUMMARY CHART - 5UPPERYAR )5 SYMBOL LE6ENZ� INTERIOR LANDSCAPE AREA ' AND ADDITIONAL OPEN SPACE (GRASS) LANDSCAPE BUFFER YARD NEW PAVING -- SANITARY SEWER w — UNDERGROUND WATER LINE REOUESTED VARIANCES THE FOLLOWING ARE VARIANCES REQUESTED FOR THIS LOCATION LENGTH TYPE CANOPY ACCENT SHRUBS FENCE 5GREENIN6 TREES TREES HEIGHT 8 MATERIALS NORTH REQUIRED 226 10' TYPE "F-I" 7 14 18 EXISTING 6' FENCE PROVIDED 226 10' TYPE "F-I" 7 14 18 TO REMAIN EAST REOU I RED 178' 5' TYPE "A" 2 4 14 NONE PROVIDED 178' 5' TYPE "A" 2 4 14 SOUTH REQUIRED 01' 5' TYPE "A" 2 4 14 6' FENGE EXISTING ON PROVIDED 1&1' 5' TYPE "A" 2 4 14 ADJACENT PROPERTY WEST REQUIRED 23q' 10' TYPE "F-1" 7 14 Ici EXISTING 6' FENGE PROVIDED 23q' IO' TYPE "F-I" 7 14 ICI TO REMAIN PROJECT. REFER TO OWNERS LETTER FOR FURTHER LANDSCAPE BUFFERYAR05 WILL BE INSTALLED AGGORDIN6 TO CITY REOUIREMENTS. EXPLANATION. I. BUILDING ARTICULATION SUMMARY CHART - INTERIOR LAN=)SCAPE 2. DRIVEWAY SEPARATION REQUIRED PROVIDED % OF AREA IN CANOPY ACCENT SHURBS GROUND SEASONAL COVER COLOR AREA SQ•FT. AREA SQ.FT. FRONT OF BLDG. TREES TREES 3. DUMPSTER SCREENING 4. PARKING IN NORTH BUFFER YARD 5,107 S.F. 3,107 S.F. 75% 6 12 78 511 S.F. 62 S.F. 3,107 S.F. 3,107 S.F. -75% 6 12 78 511 S.F. 62 S.F. COMMENTS 3,107 S.F OF LAND5GAPEIN6 WILL BE PROVIDED, 7596 (2,330 S.F) LOCATED IN THE FRONT YARD AND 420 S.F. MIN. LOCATED IN THE PARKING AREAS. THE REMAINDER OF THE SITE OPEN AREA BE GRASS AREA (q,320 S.F). lz WATER VALVES 64,5 } SI TE J .. } ... ;;: &REENWOOID MIGHAEL IOREENBRIAR � u- I UNION GHURGH SITE LOCATION MAP 2:.A 00 - FOR C 07Y REWO Y D90T FOR COMSTRUC710H w t z • V O ul 10 o IL Ot- to ago �ro —A Z (cl • OX o ot U1 1- � 4-1 6 O Z z fj c� (� 1\ 3 pC n X tu JU � m OIL SO t- 0 r �X�7C Q H 2 v v ml � Q O Z � vtu0ul V ci •'�OQ -7 ci -4 t!1 tli PROJECT NUMBER J I L-2001 REVISIONS DATE: 4/5/00 OF 2 SHEET 0 �vvi i�u-r SOUTH ELEVA71ON SKYL I F-7HT n1 V Al !i/1/1C ♦ STANDING SFAM MFTAI RnnF EXISTING BUILDIN6 EXISTING ESUILDING OVERHEAD AGTIN6 TYPICAL 1�01�T� �L���TION SECTIONAL DOOR (TYPICAL) 2 3/I6 = I -O 0 EAST r-LEVA,T10N 3/I&" = I'-O" L-11 11 /1`�LL �irvvi[..L1/ STOREFRONT d DOOR 'GH SING G, l�r-57 �L�\/AT1aN TGH DING = Oil ON 0� 0 z O F- } w lu DC O X W n n O xm ~o 0 W w tL ono z •0 -x 0 t ILL z 06 -AOL 6 Q �- - i- V r tq Ul E-- lu m Z � O V � r� PROJECT NUMBER J I L-2001 REVISIONS 1 DATE: 4/T/00 SHEET z- Ado- o�-3 SP-2 J U N '21 0 2000 OF 2 SHEETS OWNERS Owner's Certificate STATE OF TEXAS § NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Vicinity Map O'i,'AERS: CAROL JEAN PETERKA VOL. 8516, PG, 595, D.R.T.C.T. LORRIE W. BECK VOL. 9799, PG. 1213, D.R.T.C.T. LESLIE W. KLINGMAN VOL. 9799, PG. 1208, D.R.T.C.T. B DOCK 21 FUYURE PLUM CAROL JEAN PETERKA VOL. 8516, PG. 595, D.R.T.C.T. LORRIE W. BECK VOL. 9799, PG. 1213, D.R.T.C.T. LESLIE W. KLINGMAN VOL. 9799, PG. 1206, D.R.T.C.T. FUTQRE R.O.W. SET 1/2" SET 1/2" I.R. I.R. 6 .00' SET 1/2" I.R. 67' R.O.W. 23.5'_ 43.5' LD r � C7 C\1 z o I --I U U F—I O W = Cr O Q O j' n 3 I L- O I I— tD I I---i 00' .._ SET 1/2" I.R. RICHARD EADS SURVEY ABST. NO. 481 J.A. FREEMAN SURVEY ABST. NO. 529 SURVEYOR'S CERTIFICATION THIS is to certify that, Charles F. Stark, Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on ground, and that this plat correctly represents that survey made by the or under my direction and supervision. Charles F. Stark R. P. L. S. No. 5084 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Charles F. Stark, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20 Notary Public Commission expires: GENERAL NOTES 1.) EASEMENTS SHOWN OUTSIDE THE BOUNDARY OF THIS PLAT ARE NOT DEDICATED WITH THIS PLAT AND WILL BE DEDICATED BY SEPARATE INSTRUMENT. 2.) MUNICIPAL UTILITY EASEMENTS ARE DEFINED AS THOSE EASEMENTS CONTAINING PUBLIC UTILITIES SUCH AS SANITARY SEWER AND WATER LINES. 3.) FRANCHISE UTILITY EASEMENTS ARE DEFINED AS THOSE EASEMENTS CONTAINING UTILITIES SUCH AS PHONE, CABLE, GAS AND ELECTRIC. ALL OWNERS ADDRESSES: C/O COOPER C STEBBINS, L.P. 1256 MAIN ST., SUITE 240 SOUTHLAKE, TEXAS 76092 (817) 329-6400 FAX (617) 251-8717 BLGOCK 22 24°29'41" 24°29'41" PU�►'UG3C ©CdEI�UOa4 R=100.00 ' R=100 .00 ' T=21.71' T=21.71' TO BE DEDICATED BY L=42 .75 ' L=42 . 75 ' SEPERATE INSTRUMENT cj 77 ° 45 ' 10 �� E S 77 ° 45 ' 10 " E FILING PENDING LC=42 . 43 ' LC=42 . 43 ' EAST 40' COMMON ACCESS ' 6 UTILITY EASEMENT 44.68 ' 1 SET 1/2" SET 1/2" 1 EAST N 386.50' I R 49\ I.R. 253.50 ' 66.00 ' 2.50' 1 o SET 1/2 1 ru I.R. EAST _ 135.00' NORTH 15.00' 10.00' L —� I—- 10' DRAINAGE INORTH �_T EASEMENT WEST 115.00' L SOUTH NORTH 1 56.00' 15.00' 5.00' 1 WEST 1 WEST 20.00' 10.00' 13.00' 1 1 I Ensi 1 1 ' 1 I 5.00' 1 1 1 N 00.01'16" W I - = O I i 10.00' I i (D O 1 1 DRAINAGE WEST 1 1 V o C0 1 I EASEMENT 5.00' 1 1 Do Z 0 1 1 1 1 CU 1 I 20' DRAINAGE hO"� =10 = n UTILITY EASEMENT 1 CO 14 0 z u� m a r w Cc u�) un 0 a w 0 cc a U U t- Y � �o O 1 �CC :o ) ti U N 0 z � o D- a H rV DOD cD J 0 r- a z (U Y z Y Q U m 0 J >- m � H r'i ¢ U F- W o uI J F- 0 /- A w 47.5 DRAI AGE E SEMEN SET 1/2" I.R. 20' UTILITY EASEMENT -- ta . * o w o NuJ 4� Um @�®� Ul om U g 0 9 r\\15' DRAINAGE i EASEMENT 5 COMMON A:C.SS SM'T. 40 COMMON ACCESS 6 UTILITY EASEMENT TO BE DEDICATED BY SEPERATE INSTRUMENT FILING PENDING COUNTY OFTARRANT § NVI IEREAS WE, Carol Jean Peterka, Lorrie W. Beck and Leslie W. Klingman are all the owner's of a tract of land situated in the Richard Eads Survey, Abstract No. 481, County of Tarrant, according to the deeds recorded in Volume 8516, Page 595; Volume 9799, Page 1213; and Volume 9799, Page 1208, Deed Records, Tarrant County, Texas and more particularly described as follows: BEING a 3.518 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, located in the City of Southlake, Tarrant County, Texas. Said tract being a portion of a 58.0193 acre tract as conveyed to Carol Jean Peterka as recorded in Volume 8516, Page 595, Lorrie W. Beck as recorded in Volume 9799, Page 1213, and Leslie W. Klingman as recorded in Volume 9799, Page 1208, Deed Records, 'Tarrant County, Texas. Said 3.518 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found in the north right-of-way line of Southlake Boulevard- F.M. 1709 (a 130' R.O.W.), being the southwest corner of said 58.0193 acre tract and being North 00001'16" West, 65.00 feet and North 89°39'55" West, 20.00 feet from the southeast corner of said Richard Eads Survey; THENCE North 89039'55" West, along said north right-of-way line, a distance of 514.21 feet to a 1/2 inch iron rod set for corner; THENCE North, leaving said north right-of-way line, a distance of 299.61 feet to a 1/2 inch iron rod set for corner; THENCE East, a distance of 386.50 feet to a 1/2 inch iron rod set at the point of curvature of a curve to the right having a radius of 100.00 feet, a central angle of 24°29'41" and along chord of South 77°45' 10" East, 42.43 feet, THENCE along said curve, an arc length of 42.75 feet to a 1/2 inch iron rod set a point of reverse curvature, having a radius of 100.00 feet a central angle of 24°29'41" and a long chord of South 77°45' 10" East, 42.43 feet; THENCE along said curve an arc length of 42.75 feet to a 1/2 inch iron rod set at a point tangency; THENCE East, a distance of 44.68 feet to 1/2 inch iron rod set for corner, said point being in the east line of the aforementioned 58.0193 acre tract and the west line of a tract of land conveyed to Diamond Shanuock as recorded in Volume 6812, Page 2108, Deed Records, Tarrant County, Texas; THENCE South 00°01' 16" East, along said common line, a distance of 284.61 feet to the POINT OF BEGINNING and CONTAINING 153,265 square feet or 3.518 acres of land, more or less. AVIGATION EASEINIENT and RELEASE �- SIB STATE OF TEXAS 62, 288 S.F. / 1 . 669 AC. ZIN N1N AI� COUNTY OFTARRr1NT BLOM 2 3 1 i old cu KNOW ALL MEN BY THESE PRESENTS: S: LOT 9 I � Y tli L' Y WHEREAS, Carol Jean Peterka, Lome W. Beck, and Leslie W. Klingman hereinafter called 150, 1890 S. F . / 1 . 168 AC . 1 m i "Owner" (whether one or more), are the owners ofthat certain parcel ofland situated in or within 1 1 the extraterritorial jurisdiction of the City of Southlake, Tarrant County, Texas, being more i 15 ' UTILITY I i o particularly described hereon for all purposes: U-) r— EASEMENT I = NOW THEREFORE, in consideration of the sum of ONE AND 00/100 (SLOO) DOLLAR, and WEST 1 co other good and valuable consideration, the receipt and suf2iciency of which is hereby 61 .33 ' I I 1 0� acknowledged and confessed, Owners do hereby waive, release, quitclaim, and forever hold 1 15' BLDG. 1 25' COMMON ACCESS ESM' T , harmless the City of Southlake, Texas, a municipal corporation, hereinafter call "City", from any NORTH 2 83 1 o and all claims for damage of any kind that Owners may now have or may hereinafter have in the 0 1 SETBACK TO BE DEDICATED BY N i 1 I W SEPERATE INSTRUMENT future by reason of the passage of all aircraft ("aircraft" being defined for the purposes of this 8' PEDESTRAIN ESMT. 98 • 84 ' 1 1 MIN . F . F . 1 1 FILING PENDING instrument as any contrivance now known or hereinafter, invented, used, or designed for w = navigation of or flight in the air) by whomsoever owned and operated, in the air space above 30' DRAINAGE 6 I I LD Owner's property, as hereon before described, and above the surface of Owner's property such ELEV . = 649.251 to . 7 UTILITY EASEMENT1 ti o - 15' UTILITY noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be 32' BLDG. SETBACK WEST 1� EASEMENT O V , �---I caused by the operation of aircraft landing at or taking off from, or operating at or on the 15.00' i 1Q m O Dallas/Fort Worth International Airport; and Owner's do hereby fully having remiss, and release s B9.39' 55° E _ _=427.03 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1� 0 12 .5 ' 15 ' UTILITY any right or cause of action which it may now have or which it ntay in the future have against the — — — — — — - - — — — — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- O EASEMENT City, whether such claim be for injury to person or damage to property due to noises, vibration, — — — — — — — — — — — — — — S 89'39'55^ E 422.98' fumes, dust, fuel and lubricant particles, and all other effects that may be caused or may have — — — — — — — N 89.39' 55" W 419.65' — — — — — — — — — — — — — — — — — — — —00T 00" W — — ' _ _ been caused by the operation of aircraft landing at, or taking oil' from, or the operation and/or N 45'9 \ m 25. LA ' " \ 7 5 ' UTILITY maintenance of aircraft or aircraft engine at or on said Dallas/Fort Worth International Airport. _ 314 .84 ' 132. 36 ' 9.46' — EASEMENT o �� It is agreed that this release shall be binding upon the Owner, their heirs and assigns, and N 69039 55 W 514.21 successors in interest with regard to said property located in or in the extraterritorial jurisdiction SOUTHLAKE BLVD. (F*M-*-1 EARNEST E. TAYLOR VOL. 10986, PG. 2165 P.R.T.C.T. GO�EUTT 11�DITIOOn1 MINIMUM FINISH FLOOR THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REOUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT INFORMATION AVAILABLE AT THE TIME THE PLAT IS FILED AND MAY BE SUBJECT TO CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN, MAY ALSO BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. LOT 6, BLOCK 1 MARTIN W. SHELING MIRON ADDITION SITE TRIANGLE NOTE THE OWNERS OF ALL CORNER LOTS ABUTTING EAST SOUTHLAKE BOULEVARD (F.M. 1709) AND NORTH CARROLL AVENUE SHALL MAINTAIN SIGHT TRIANGLES FOR THE INTERSECTIONS OF SAID STREETS IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. DRIVEWAY ACCESS LIMITATION NOTE NO LOT WITHIN THIS ADDITION SHALL BE ALLOWED DRIVEWAY ACCESS ONTO EAST SOUTHLAKE BOULEVARD (F.M. 1709) LOT 5, BLOCK 1 PAUL R. C DOREEN BRUTON VOL. 12263, PG. 2227 D.R.T.C.T. NOTE: SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. in m NOTE: THERE IS NOT A LIEN HOLDER ON THE PROPERTY DESCRIBED BY THIS PLAT. NOTE: THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS OR COVENANTS, IF ANY, ON THIS PROPERTY. POINT OF of the City of Southlake, Tarrant County, Texas, running with the land, and shall be recorded 1n BEGINNING the Deed Records of Tarrant County, Texas. I FND . 1 /2 ° I Executed tlus day of A.D. 2000 I.R. I By: Carol Jellll I'cterka Executed this day of A.D. 2J00 B): Lorrie W. 13cck ESCCuwd this da). of A D. 20Uo BN: ~� w F� CD LOT SR, BLOCK 1 ,'� N GARY A. iy JANICE L. MYRON H � Fy1 PROVED BY THE PLANNING 8 ZONING COMMISSSION DATE CHAIr3mAN CITY �ECREIARY Leshc \V. Kimgnew ZN Lrnl, 0 20 40 80 SCALE: 1 "=40' THIS PLAT FILED CABINET: SLIDE: DATE: TI IAT, Carol Jean Peterka, (or we being all of the owners) do hereby adopt this plat designating the herein -above described property as Block 23 Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate the rights -of -way, alleys, parks and easements shown thereon to the public's use unless otherwise noted. Bv: Carol Jean Peterka STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Carol Jean Peterka, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 20 Notary Public Commission expires: NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: day of THAT, Lorrie W. Beck, (or we being all of the owners) do hereby adopt this plat designating the herein -above described property as Block 23 Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate the rights -of -way, alleys, parks and easements shown thereon to the public's use unless otherwise noted. Bv: Lorrie W. Beck STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Lorrie W. Beck, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY I LAND AND SEAL OF OFFICE on this the day of 20 Notary Public Commission expires: NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Leslie W. Klingman, (or we being all of the owners) do hereby adopt this plat designating the herein -above described property as Block 23 Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate the rights -of -way, alleys, parks and easements shown thereon to the public's use unless otherwise noted. By: Leslie W. Klingman STATE OF _ COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Leslie W. Klingman, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20_ Notary Public Commission expires: FINAL PLAT LOT 1 & LOT 2, BLOCK 23 S O U T H L A K E T 0 W N S Q U A R E A 3.518 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 BEING AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: 22 MAY 2000 SHEET 1 OF 1 DEVELOPER COOPER AND STEBBINS, L.P. 1721 E. SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX (617) 251-6717 ENGINEER JUL 7 Graham AssocI ates.Inc LQ CONSULTNG ENGNEERS & PLANNERS 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (817) 640-8535 CASE NO.: ZAOO-072 Vicinity Map G L n C K 1n SnUTHLl�KE TnWfrl SQU \FE RIGHT-OF-WAY I DEDICATION 15,948 S.F. / 0.137 AC. Cab. A, Slide 5. P.R.T.C.T. 0 CU � CU Q � PROSPECT STREET _ nl (85' R.O.W.) to CU Q SnUTHL6lKE TnWhl SnU6�f:E P. F T C T AREA SUMMARY SET' 1/2" I R. A 12949'27" R=266.50' T=30.17' L=60.10' LC=59.97' N 62°27'12" E SET 1 T R . 33.58'� 0 , 33.52 in CD °' LO tD N 69 ° 59 24 " E c°\ z u 1 -7 _ ��._ 17 . 6 9' Proposed \ \ r 15' Drainage Easement Drainage Easement \ To be Dedicated By / Separate Instrument Filing Pending L1 L2 m� 31.5' 31.5' W m CO E--m Cn ;�4 a � m CD cu , p1 m O v� D U Z a a 12 m U 1 SET 1/2" I.R. R.O.W. DEDICATION BLOCK 3R 5,946 239,713 S.F. S.F. / / 0.137 5.503 AC. AC. TOTAL 245,661 S.F. / 5.640 AC. GENERAL NOTES 1.) EASEMENTS SHOWN OUTSIDE THE BOUNDARY OF THIS PLAT ARE NOT DEDICATED WITH THIS PLAT AND WILL BE DEDICATED BY SEPARATE INSTRUMENT. 2.) MUNICIPAL UTILITY EASEMENTS ARE DEFINED AS -HOSE EASEMENTS CONTAINING PUBLIC UTILITIES SUCH AS SANITARY SEWER AND WATER LINES. 3.) FRANCHISE UTILITY EASEMENTS ARE DEFINED AS THOSE EASEMENTS CONTAINING UTILITIES SUCH AS PHONE, CABLE, GAS AND ELECTRIC. awn) E I; TIIF FF(�IITFL Crnl.lf' n K T C T 20' Drainage :7:� EXISTING RIGHT-OF-WAY TO BE ABANDONED BY THIS PLAT PP P 10' Municipal Utility Easement 6p) Proposed 15' Drainage Easement SET I.R. 1 0S. 00 , 2sgq 5. aw AC H(ES Ce- ti^/ Existing 10' Franchise / Utility Easement / Proposed 10' Municipal Utility Easement / 3 / �� 1•s, 40 10' Fr nchise �� L52 Exist. Municipal Easement / / CliO UtilitV Easement ? \ , Proposed to be Abandoned by this Plat 10' Drainage r1� TO , Easement Proposed ` Proposed \ l \\ 20' Municipal Proposed \ , ./ 10' Francnise 17 m Utility Easement J Utility Easement 20' Municipal i un < /' \ Utility Easement / J C rt\\ �� <2 /`L' f L40 �l \� r L50 ( 1�/" L54 1 ,/ \ Proposed O l�� S S \ \ 10' Municipal Q l?� �6� rUtility Easement - - - Existing Ln \<� \ ' Utility Easement Existing / << 10' F h \ MINIMUM FINISH FLOOR THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REQUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT INFORMATION AVAILABLE AT THE TIME THE PLAT IS FILED AND MAY BE SUBJECT TO CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN. MAY ALSO BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. i rant se Utility Easement \ 5' "� Exist. Municipal Easement y Proposed \ Existing to be Abandoned by this Plat \.-10' Drainage ]4 82 J 10' Franchise Easement Utility Easement i STITE STREET NOTE: SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. WEST 262.79' )INT OF 3 INNING CIVIC PLACE (88' R.0.W.) 9 L 0 0 a 8 SOUVaLASG YOM 8QMARE CAB. Ao 8L 0 012 4,$ OO P. H. 7° Y ° GRAND AVENUE NOTE: NOTE: ALL EXISTING EASEMENTS WITHIN BLOCK3R THIS PLAT DOES NOT ALTER WERE DEDICATED BY PLAT FILED IN CABINET A, OR REMOVE EXISTING DEED SLIDE 4892 & 4893, AND ALL PROPOSED EASEMENTS RESTRICTIONS OR COVENANTS, ARE DEDICATED BY THIS PLAT. IF ANY, ON THIS PROPERTY. Draina e Easement / To be Dedicated By Separate Instrument ing SnUTHl6�KE TnWfl `;nU/��F OWNERS SOUTHLAKE VENTURE WEST L.P. VOL. 13072. PG. 148, D.R.T.C.T. THE FECHTEL GROUP VOL. 9811, PG. 1241, D.R.T.C.T. ALL OWNERS ADDRESSES: C/O COOPER AND STEBBINS, L.P. 1256 MAIN STREET, SUITE 240 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX (817) 251-6717 (APPROVED BY THE PLANNING @ ZONING COMMISSSION DATE CHAIRMAN PCZ SECRETARY APPROVED BY THE CITY COUNCIL DATE MAYOR CITY SECRETARY 0 20 40 80 booming SCALE: 1 "=40' THIS PLAT FILED CABINET: SLIDE DATE: CURVE DATA NO. DELTA CHORD BEARING RADIUS LENGTH CHORD C1 16'51'13" N 61'33'48" E 300.00' 88.25' 87.93' C2 19.09'39" N 60'24'35" E 331.50' 110.86 110.34' C3 30.00,001, S 45.00'00 '' E 92.50 48.43 47.88 C4 30'00'00 " S 45'00'00 " E 107.50 56.29 55.65 C5 30*00'00'' N 45'00'00' W 92.50 48.43 47.68 C6 30.00'00' N 45.00'00' W 107.50 56.29 55.65 C7 19'34'53 '' N 69*47'27' W 107.50 36.74 36.56 C8 22.55'23'' S 71'27'42' E 92.50 37.01 36.76 EASEMENT LINE DATA L1 S 30'00'00 '' W 3.04' L2 S 30'00'00' E 15.14' L3 S 60'00'00' E 7.54' L4 S 30'00'00' E 18.30' L5 S 60°00'00' W 15.00' L6 N 30`00'00 " W 18.30' L7 N 60000'00' W 7.54' L8 N 30°00'00' W 6.48' L9 S 30°00'00' W 206.55' L10 S 60°00'00' E 11.61' L11 N 30°00'00' E 135.10' L12 N 60'00'00' W 58.97' L13 S 30'00'00' W 20.96' L14 N 60°00'00' W 15.00' L15 N 30'00'00' E 35.96' L16 S 60'00'00' E 73.97' L17 S 30'00'00' E 47.34' LIB EAST 86.52' L19 NORTH 28.10' L20 N 60'00'00" W 8.45' L21 N 30°00'00' E 15.00' L22 S 60°00'00" E 25.00' L23 S 30°00'00' W 15.00' L24 N 60'00'00" W 5,00' L25 SOUTH 22.33' L26 EAST 74.66' L27 IN 30'00'00' E 301.43' L28 S 30"00'00 " W 257.00' L29 S 60°00'00' E 105.00, L30 N 60°00'00' W 105.00' L31 S 30°00'00' W 32.32' L32 S 60°00'00 " E 105.00' L33 IN 60°00'00' W 106.66' L34 WEST 170.12' L35 S 60°00'00' W 96.93' L36 N 60'00'00' E 89.50' L37 N 30°00'00' W 37.41' L38 IS 60'00'00, W 89.50, L39 N 60"00'00 " E 62,49' L40 EAST 17.68' L41 NORTH 23.40' L42 N 30'00'00' W 64.69' L43 NORTH 112.99' L44 N 30'00'00 '' E 66.70' L45 S 60`00'00' E 10.00' L46 S 30"00'00 " W 66.02' L47 SOUTH_ 107.63' L46 S 30'00'00' E 64.69' L49 SOUTH 26.06' L50 JEAST 66.35' L51 INORTH 43.00' L52 EAST 10.00, L53 SOUTH 43.00' L54 WEST 116.62' L55 N 30'00'00 '' E 137.67' L56 S 60°00'00 '' E 10.00' L57 S 30°00'00 '' W 131.89' L58 SOUTH 10.00, L59 EAST 42.10' L60 S 60'00'00'' E 76.04' L61 N 60'00'00'' W 73.36' L62 EAST 266.27' L63 S 60°00'00 " W 57.13' L64 N 60°00'00 " W 72.02' L65 WEST 230.44' L66 N 30°00'00' W 41.57' L67 N 60°00'00' E 10.00' L68 S 30°00'00' E 35.60' L59 EAST 227.35' L70 IS 60'00'00' E 74.70' L71 IN 60'00'00'' E 99.50' PLAT REVISION BLOCK 3R S 0 U T H L A K E T 0 W N S Q U A R E BEING A REVISION OF BLOCK 3 AND RESERVE STREET (FORMERLY STATE STREET) SOUTHLAKE TOWN SQUARE - PHASE 1 AS RECORDED IN CABINET A, SLIDE 4892 C 4893, P.R.T.C.T. AND INCLUDING 0.119 ACRE IN TH RICHARD EADS SURVEY, ABST. NO. 481 IN ALL BEING A 5.640 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 BEING AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: 22 MAY 2000 SHEET 1 OF 2 DEVELOPER COOPER AND STEBBINS, L.P. 1256 MAIN STREET, SUITE 240 SOUTHLAKE, TEXAS 76092 (617) 329-8400 FAX (617) 251-8717 ENGINEER Graham Associa tes.lnc. CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (617) 640-6535 CASE NO. ZAOO-071 CD j i L 0 7 7000 EASEMENT LINE DATA L1 S 30'00'00 '' W 3.04' L2 S 30'00'00' E 15.14' L3 S 60'00'00' E 7.54' L4 S 30'00'00' E 18.30' L5 S 60°00'00' W 15.00' L6 N 30`00'00 " W 18.30' L7 N 60000'00' W 7.54' L8 N 30°00'00' W 6.48' L9 S 30°00'00' W 206.55' L10 S 60°00'00' E 11.61' L11 N 30°00'00' E 135.10' L12 N 60'00'00' W 58.97' L13 S 30'00'00' W 20.96' L14 N 60°00'00' W 15.00' L15 N 30'00'00' E 35.96' L16 S 60'00'00' E 73.97' L17 S 30'00'00' E 47.34' LIB EAST 86.52' L19 NORTH 28.10' L20 N 60'00'00" W 8.45' L21 N 30°00'00' E 15.00' L22 S 60°00'00" E 25.00' L23 S 30°00'00' W 15.00' L24 N 60'00'00" W 5,00' L25 SOUTH 22.33' L26 EAST 74.66' L27 IN 30'00'00' E 301.43' L28 S 30"00'00 " W 257.00' L29 S 60°00'00' E 105.00, L30 N 60°00'00' W 105.00' L31 S 30°00'00' W 32.32' L32 S 60°00'00 " E 105.00' L33 IN 60°00'00' W 106.66' L34 WEST 170.12' L35 S 60°00'00' W 96.93' L36 N 60'00'00' E 89.50' L37 N 30°00'00' W 37.41' L38 IS 60'00'00, W 89.50, L39 N 60"00'00 " E 62,49' L40 EAST 17.68' L41 NORTH 23.40' L42 N 30'00'00' W 64.69' L43 NORTH 112.99' L44 N 30'00'00 '' E 66.70' L45 S 60`00'00' E 10.00' L46 S 30"00'00 " W 66.02' L47 SOUTH_ 107.63' L46 S 30'00'00' E 64.69' L49 SOUTH 26.06' L50 JEAST 66.35' L51 INORTH 43.00' L52 EAST 10.00, L53 SOUTH 43.00' L54 WEST 116.62' L55 N 30'00'00 '' E 137.67' L56 S 60°00'00 '' E 10.00' L57 S 30°00'00 '' W 131.89' L58 SOUTH 10.00, L59 EAST 42.10' L60 S 60'00'00'' E 76.04' L61 N 60'00'00'' W 73.36' L62 EAST 266.27' L63 S 60°00'00 " W 57.13' L64 N 60°00'00 " W 72.02' L65 WEST 230.44' L66 N 30°00'00' W 41.57' L67 N 60°00'00' E 10.00' L68 S 30°00'00' E 35.60' L59 EAST 227.35' L70 IS 60'00'00' E 74.70' L71 IN 60'00'00'' E 99.50' PLAT REVISION BLOCK 3R S 0 U T H L A K E T 0 W N S Q U A R E BEING A REVISION OF BLOCK 3 AND RESERVE STREET (FORMERLY STATE STREET) SOUTHLAKE TOWN SQUARE - PHASE 1 AS RECORDED IN CABINET A, SLIDE 4892 C 4893, P.R.T.C.T. AND INCLUDING 0.119 ACRE IN TH RICHARD EADS SURVEY, ABST. NO. 481 IN ALL BEING A 5.640 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 BEING AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: 22 MAY 2000 SHEET 1 OF 2 DEVELOPER COOPER AND STEBBINS, L.P. 1256 MAIN STREET, SUITE 240 SOUTHLAKE, TEXAS 76092 (617) 329-8400 FAX (617) 251-8717 ENGINEER Graham Associa tes.lnc. CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (617) 640-6535 CASE NO. ZAOO-071 CD j i L 0 7 7000 PLAT REVISION BLOCK 3R S 0 U T H L A K E T 0 W N S Q U A R E BEING A REVISION OF BLOCK 3 AND RESERVE STREET (FORMERLY STATE STREET) SOUTHLAKE TOWN SQUARE - PHASE 1 AS RECORDED IN CABINET A, SLIDE 4892 C 4893, P.R.T.C.T. AND INCLUDING 0.119 ACRE IN TH RICHARD EADS SURVEY, ABST. NO. 481 IN ALL BEING A 5.640 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 BEING AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: 22 MAY 2000 SHEET 1 OF 2 DEVELOPER COOPER AND STEBBINS, L.P. 1256 MAIN STREET, SUITE 240 SOUTHLAKE, TEXAS 76092 (617) 329-8400 FAX (617) 251-8717 ENGINEER Graham Associa tes.lnc. CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (617) 640-6535 CASE NO. ZAOO-071 CD j i L 0 7 7000 NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS WE, Southlake Venture West L.P., a Texas Limited Partnership, and the Fechtel Group, a Texas General Partnership are all of the owners of a tract of land situated in the Richard Eads Survey, Abstract No. 481, County of Tarrant according to the deeds recorded in Volume 13072, Page 148; and Volume 9811, Page 1241; Deed Records, Tarrant County, Texas and being described as follows: BEING 5.640 acre tract of land situated in the Richard Eads Survey, Abstract No. 481 located in the City of Southlake, Tarrant County, Texas. Said tract being all of Block 3, and Reserve Street (formerly State Street) Southlake Town Square — Phase 1, as recorded by plat in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas and a portion of a 73.669 acre tract as conveyed to the Fechtel Group as recorded in Volume 9811, Page 1241, Deed Records, Tarrant County, Texas. Said 5.640 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a'/z inch iron rod set at the southwest corner of Block 3 and being the intersection of the north right-of-way line of Civic Place (a 88' R.O.W.) and the east right-of-way line of State Street (a 63' R.O.W. at this point); THENCE North 30°00'00" West, along the east right-of-way line of State Street, a distance of 241.26 feet to a''/z inch iron rod set for corner; THENCE North, continuing along said east right-of-way line, a distance of 405,83 feet to a'/z inch iron rod set for corner, said point being the intersection of said east right-of- way line of State Street (a 74' R.O.W. at this point) and the northwest right-of-way line of Reserve Street (a 63' R.O.W.) and being the beginning of a non -tangent curve to the left, having a radius of 268.50 feet, a central angle of 12049127" and a long chord of North 62627'12" East, 59.97 feet; THENCE along said curve and said northwest right-of-way line of Reserve Street, an arc length of 60.10 feet to a'/z inch iron rod set for corner; THENCE South 60°00'00" East, leaving said east right-of-way line, a distance of 607.26 feet to a'/x inch iron rod set for corner, said point being in the northwest right-of-way line of Grand Avenue (a 63' R.O.W.) THENCE South 30°00'00" West, along said northwest right-of-way line of Grand Avenue a distance of 331.90 feet to a 1/2 inch iron rod set for corner, said point being the intersection of said northwest right-of-way line and the aforementioned north right-of- way line of Civic Place; THENCE West, along said north right-of-way line, a distance of 262.79 feet to the PRINT OF BEGINNING and CONTAINING 245,661 square feet or 5.640 acres of land, more or less. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Southlake Venture West, a Texas Limited Partnership, (or we being all of the owners) do hereby adopt this plat designating the herein -above described property as Block 3R, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate the rights -of -way, alleys, parks and easements shown thereon to the public's use unless otherwise noted. Southlake Venture West, L.P., a Texas limited partnership By: Rialto Southlake West, L.P. a Texas limited partnership, its general partner By: C.S. Southlake Property West, LLC, a Texas limited liability company, its general partner By: Brian R. Stebbins, President STATE OF _ COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Brian R. Stebbins, partner of Southlake Venture West, L.P., known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20 Notary Public Commission expires: THAT, The Fechtel Group, a Texas General Partnership, (or we being all of the owners) do hereby adopt this plat designating the herein -above described property as Block 3R, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate the rights -of -way, alleys, parks and easements shown thereon to the public's use unless otherwise noted. WITNESS OUR HANDS THIS THE DAY OF , 20_ By: Alicia Marie Fechtel R v' Mary Louise Logan By: Marguerite Elizabeth Tavera Rv- Charles Joseph Fechtel Rv- John Randolph Fechtel By: James Milton Fechtel STATE OF _ COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Alicia Marie Fechtel, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 20_ Notary Public Commission expires: STATE OF _ COUNTY OF day of BEFORE ME, the undersigned authority, on this day personally appeared Mary Louise Logan, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20 Notary Public Commission expires: STATE OF _ COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Marguerite Elizabeth Tavera, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20 Notary Public Commission expires: STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Charles Joseph Fechtel, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 20 Notary Public Commission expires: STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared John Randolph Fechtel, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 20_ Notary Public Commission expires: STATE OF _ COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared James Milton Fechtel, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 20_ Notary Public Commission expires: day of day of day of AVIGATION EASEMENT and RELEASE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Southlake Venture West, a Texas limited partnership and The Fechtel Group, a Texas general partnership hereinafter called "Owner" (whether one or more), are the owners of that certain parcel of land situated in or within the extraterritorial jurisdiction of the City of Southlake, Tarrant County, Texas, being more particularly described hereon for all purposes: NOW THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Owners do hereby waive, release, quitclaim, and forever hold harmless the City of Southlake, Texas, a municipal corporation, hereinafter call "City", from any and all claims for damage of any kind that Owners may now have or may hereinafter have in the future by reason of the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereinafter, invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Owner's property, as hereon before described, and above the surface of Owner's property such noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at or taking off from, or operating at or on the Dallas/Fort Worth International Airport; and Owner's do hereby fully having remiss, and release any right or cause of action which it may now have or which it may in the fiiture have against the City, whether such claim be for injury to person or damage to property due to noises, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or the operation and/or maintenance of aircraft or aircraft engine at or on said Dallas/Fort Worth International Airport. It is agreed that this release shall be binding upon the Owner, their heirs and assigns, and successors in interest with regard to said property located in or in the extraterritorial jurisdiction of the City of Southlake, Tarrant County, Texas, running with the land, and shall be recorded in the Deed Records of Tarrant County, Texas. Executed this day of A.D. 2000 Southlake Venture West, L.P. a Texas limited partnership, By: Rialto Southlake West, L.P. a Texas limited partnership, its general partner By: C.S. Southlake Property West, LLC, a Texas limited liability company, its general partner The Fechtel Group By: By: By: By: Brian R. Stebbins, President Alicia Marie Fechtel Mary Louise Logan Marguerite Elizabeth Tavera Charles Joseph Fechtel By: John Randolph Fcchtel By: James Milton Feelitel LIEN HOLDER'S RATIFICATION OF PLAT: STATE OF TEXAS COUNTY OF TARRANT We, the undersigned, as duly authorized representatives of the respective utility companies, hereby express no objection to the abandonment of the public right-of-way so noted on this plat, said public right-of-way previously recorded in Cabinet A, Slide 4892 of the Plat Records of Tarrant County, Texas, Texas Utilities Electric Signed: Printed Name: Title: Date: GTE Central, Inc. Signed: Printed Name: Title: Date: Ilarron Cablevision of Texas Signed: Printed Name: Title: Date: SURVEYOR'S CERTIFICATION Tri-County Electric Cooperative, Inc. Signed: Printed Name: Title: Date: Lone Star Gas Company Signed: Printed Name: Title: Date: Sammons Communications, Inc. Signed: Printed Name: Title: Date: THIS is to certify that, Charles F. Stark, Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on ground, and that this plat correctly represents that survey made by the or tinder my direction and supervision. Charles F. Stark R.P.L.S. No. 5084 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Charles F. Stark, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20_ Notary Public Commission expires: Whereas Chase Bank of Texas, National Association, acting by and through the undersigned, its PLAT REVISION duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. BLOCK 3R CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, a national banking association, in its S O U T H L A K E T O W N S Q U A R E capacity as Agent and lienholder. BEING A REVISION OF BLOCK 3 AND RESERVE STREET (FORMERLY STATE STREET) SOUTHLAKE TOWN SQUARE - PHASE 1 AS RECORDED IN CABINET A, SLIDE 4892 6 4693, P.R.T.C.T. James Chuckray, Senior Vice President AND INCLUDING 0.119 ACRE IN TH RICHARD EADS SURVEY, ABST . NO .461 Chase Bank National Association IN ALL BEING A 5 640 ACRE TRACT OF LAND IN THE STATE OF _ COUNTY OF RICHARD EADS SURVEY, ABST. NO 461 BEING AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS BEFORE ME, the undersigned authority, on this day personally appeared DATE: 22 MAY 2000 James Chuckray, Senior Vice President, Chase Bank N.A., known to me to SHEET 2 OF 2 be the person whose name is subscribed to the above and foregoing instrument, DEVELOPER and acknowledged to me that lie executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act COOPER AND S T E B B I N S , L . P . and deed of said Chase Bank of Texas, National Association. 1256 MAIN STREET, SUITE 240 GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of SOUTHLAKE, TEXAS 76092 (617) 329-6400 20 FAX (817) 251-8717 Notary Public ENGINEER Commission expires: Graham ASSOCla teS.Ine- CONSULTWG ENGINEERS & PLANNERS �� i Q L 0 y 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON. TEXAS 76011 (817) 640-8535 CASE NO. ZAOO-071 FAc;FMFNT LINE DATA OWNER'S CERTIFICATE LIEN )FIOLDER'S RATIFICATION OF PLAT: Vicinity Map N 00°11'06" W 35.45' BLL OM 5 CAB. �C4�DYa{ITJ 0 Gq`�(� PHASE (��2 (mil A 14°48'54" R=950.00' T=123.51' L=245.64' LC=244.96 N 07035'33" A CMIER o EEKDEM M00 �. 9 `d2S49, PCB. 9 i!D. N 15000'00" W 133.28' Owrl E f; JUE�CEN F STD NCK/ 42' NUMBER DIRECTION DISTANCE NUMBER DIRECTION DISTANCE L1 NORTH 122.50' L31 EAST 80.97' L2 EAST 61.13' L32 NORTH 107.73' L3 NORTH 167.32' L33 N 60'00'00 '' E 11.55' 14 WEST 251,47' L34 NORTH 41.44' L5 SOUTH 30.32' L35 WEST 94.06' L6 EAST 2.50' L36 NORTH 134.56' L7 SOUTH 2O.00' L37 SOUTH 124.56' L8 WEST 15.00' L38 EAST 94.06' L9 NORTH 2O.00' L39 SOUTH 45.66' L10 EAST 2.50'1 L40 IN 60'00'00 " E 101.84' L11 NORTH 30.32' L41 S 60'00'00 " W IId.38' L12 WEST 13.90' L42 SOUTH 116.19' L13 NORTH 117.16' L43 WEST 57.74' L14 SOUTH 107.18' L44 SOUTH 13.C4 L15 EAST 275.37' L45 WEST 23.23' L16 SOUTH 65.93' L46 SOUTH 84.46' L17 N 60'00'00 '' E 116.27' L47 NORTH 210.00' L18 S 60'00'00 '' W 122.04' L.46 EAST 15.00, L19 SOUTH 39.85' L49 SOUTH 210.00' L20 EAST 11.53' L.50 NORTH 93.69' L21 SOUTH 2O.00' L51 EAST 15.00' L2 WEST 11.53' L.52 SOUTH 93.69' L23 SOUTH 50.00' L.53 NORTH 10.00, L24 WEST 81.13 L54 EAST 5.00, L25 SOUTH to' L.55 NORTH 102.75° L26ENORTH 97.50 L56 WEST 12.50' L27 160.00' L.57 NORTH 10.00, L28 10.00' L58 EAST 22.50° L29 160.00' L59 SOUTH 122.75' OWNER SOUTHLAKE VENTURE WEST L.P. VOL. 13072. PG. 148. O.R.T.C.T. OWNER'S ADDRESS: c/o COOPER AND STEBBINS, L.P. 1256 MAIN STREET, SUITE 240 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX (617) 251-8717 O1W1 LtOUT LAE 1N SOIJVRE C !i E A 1 I Ld E r) -, �; t P. R. T C T L30 10.00' 1 1 l b o Cab. A, Slide 5261 o N P.R.T.C.T. Un N PROSPECT STREET � Q 0 (85' R.O.W.) Cab. A, Slide 4892 SET SET P.R.T.C.T. 1/2" I R 50, Ln M CO m Q 00 z z F-- LJ L a a cn � a 1 F- cn 1 mm Qa 1Ir rlw w > > rr � 0 :Im to i m J 0 J G Q Lu n .Q 3 G rI � O CE 3 CC O � O_ O tit \ LOOT 2�. Gl_nC«K SOl1THL KE TOWN SaUA�E GENERAL NOTES 1.) EASEMENTS SHOWN OUTSIDE THE BOUNDARY OF THIS PLAT ARE NOT DEDICATED WITH THIS PLAT AND WILL BE DEDICATED BY SEPARATE INSTRUMENT. 2.) MUNICIPAL UTILITY EASEMENTS ARE DEFINED AS THOSE EASEMENTS CONTAINING PUBLIC UTILITIES SUCH AS SANITARY SEWER AND WATER LINES. 3.) FRANCHISE UTILITY EASEMENTS ARE DEFINED AS THOSE EASEMENTS CONTAINING UTILITIES SUCH AS PHONE, CABLE, GAS AND ELECTRIC. 1/2" I.R. EAST r5:T7,.44' 217.75' I 1 I 1 113.37'� i o / X I 10' Municipal u � l I I i Utility Easement O Dedicated by this Plat .O 7 SET JI IJ LoI I 1/2" I.R. I -J 10' Franchise Utility Easement 10' Francise Cab. A, Slide 4692 P.R.T.C.T. 1 I Utility Easement Cab. A. Slide 4692 P.R.T.C.T. L------------ L15----1-1-------i-I------ 7 i- ----------------- L121 L4 1 L - - - L36 I L40 J I I I I J L - - - - - L35 L10) L6 I i J r I r, �JI J-i L33 I LB BLOCK 2H 3o SZ6 AC� IE3 1 1 r/ 20' Municipal & L48 ➢ JIII� I Utility Easement 10' Municipal I I IJ t Utility Easement jjj����I I Cab. A, Slide 4892 I P.R.T.C.T, to be abandoned ( 1 11LL20 1 by this Plat I L32 I - I NI 32' Building I I JAI t-Back I 10' Municipal 1 L221Q se I 1 Utility Easement ill IJ SET I Cab. A, Slide 4892 1 N P.R.T.C.T. L31 I l 1J L L30� _ 2 L58 I I _ __I I r -I I L28 L29 ------ I� r---L24---J 6 JLJ�--- ---- I _ -J �� I nt - --- - -------71 1 L51 ry -43 - 10' Drainage Easeme1 L27L Jt I I J I�L45-'J aT1 I Dedicated by this Plat I IJI I I I rI I �I 15' Drainage Easement `I Irn Drainage Easement I 15' Drainage Easement JII o N Cab. A, Slide 4892 Dedicated by this Plat ICI mil IJ P.R.T.C.T. to be abandoned I by this Plat 20' Municipal L26 --I-I r� Utility Easement L54 l ( 1 1 I 10' Francise II II I Cab. A, Slide 4692 230.16' 2SET R 1 I I -, I 1 Utility Easement I �I P.R.T.C.T. 215.00' I I Cab. A, Slide 4892 J 170.16' �� } P.R.T.C.T. �l Imo` 202.50' ` 565. 16' MINIMUM FINISH FLOOR o' STATE OF TEXAS § COUNTY OFTARRANT § WHEREAS WE, Southlake Venture West L.P., a Texas Limited Partnership, are all of the owners of a tract of land situated in the Richard Eads Survey, Abstract No. 481, County of Tarrant according to the deed recorded in Volume 13072, Page 148; Deed Records, Tarrant County, Texas and being described as follows: BEING 5.624 acre tract of land situated in the Richard Eads Survey, Abstract No. 481 located in the City of Southlake, Tarrant County, Texas. Said tract being all of Block 2, Southlake Town Square - Phase 1, as recorded by plat in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Southlake Venture West, a Texas Limited Partnership, (or we being all of the ownersI do hereby adopt this plat designating the herein -above described property as Block 2R, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate the rights -of -way, alleys, parks and easements shown thereon to the public's use unless otherwise noted. Southlake Venture West, L.P., a Texas limited partnership By: Rialto Southlake West, L.P. a Texas limited partnership, its general partner By: C.S. Southlake Property West, LLC, a Texas limited liability company, its general partner OIL= 2 By: S&OHLAKE Tom SWARD Brian R. Stebbins, President CAB. @, SL 0 DE 4892 STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Brian R. Stebbins, partner of Southlake Venture West, L.P., known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 20_ Notary Public Commission expires: L53 WEST o SET 1/2" I.R. F Q F MAIN STREET _ (85' R.O.W.) THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REQUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT INFORMATION AVAILABLE AT THE TIME THE PLAT IS FILED AND MAY BE SUBJECT TO CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN, MAY ALSO BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. SITE TRIANGLE NOTE THE OWNERS OF ALL CORNER LOTS ABUTTING NORTH CARROLL AVENUE SHALL MAINTAIN SIGHT TRIANGLES FOR THE INTERSECTION OF SAID STREET IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. 0 C1J Q SOl1TNLAKE TOWN SOII • �E NOTE: SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. DRIVEWAY ACCESS LIMITATION NOTE NO LOT WITHIN THIS ADDITION SHALL BE ALLOWED DRIVEWAY ACCESS ONTO NORTH CARROLL AVENUE NOTE: THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS OR COVENANTS, IF ANY, ON THIS PROPERTY. SET 1/2" I.R. CIVIC PLACE (88' R.O.W.) CRAB. @, SL 0 DE 489 2 C. Y. APPROVED BY THE PLANNING C ZONING COMMISSSION DATE CHAIRMAN P&Z SECRETARY APPROVED BY THE CITY COUNCIL DATE MAYOR CITY SECRETARY 0 20 40 60 SCALE: 1 "=40 ' THIS PLAT FILED CABINET SLIDE DATE: STATE OF TEXAS COUNTY OF TARRAN'f Whereas Chase Bank of Texas, National Association, acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. CIIASL: BANK OF TEXAS, NATIONAL ASSOCIATION, a national banking association, in its capacity as Agent and lienholder. James Chuckray, Senior Vice President Chase Bank National Association STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared James Chuckray, Senior Vice President, Chase Bank N.A., known to me to be the person whose nacre is subscribed to the above and foregoing instrument, and acknowledged to nie that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said Chase Bank of "Texas, National Association. GIVEN UNDER MY IIAND AND SEAL OF OFFICE on this the day of 20 Notary Public Commission expires: SURVEYOR'S CERTIFICATION THIS is to certify that, Charles F. Stark, Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on ground, and that this plat correctly represents that survey made by the or under my direction and supervision. Charles F. Stark R.P.L.S. No. 5084 STATE OF TEXAS COUNTY OFTARRANT BEFORE ME, the undersigned authority, on this day personally appeared Charles F. Stark, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 20_ Notary Public Commission expires: PLAT REVISION BLOCK 2R day of SOUTHLAKE TOWN SQUARE BEING A REVISION OF BLOCK 2, SOUTHLAKE TOWN SQUARE - PHASE 1 AS RECORDED IN CABINET A, SLIDE 4892, P.R.T.C.T. AND BEING A 5.624 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 BEING AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS DATE: 22 MAY 2000 SHEET 1 OF 1 DEVELOPER COOPER AND STEBBINS, L.P. 1256 MAIN STREET, SUITE 240 SOUTHLAKE, TEXAS 75092 (617) 329-6400 FAX (817) 251-6717 ENGINEER Graham Associates.inc. CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DRIVE, SUITE 400 DE j (�� U " L �000 ARLINGTON, TEXAS 76011 (617) 640-65 11�� CASE NO.: ZAOO-070