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480-640
CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-640 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 TRACTS 4A1A, 4B1 AND 4B2, R. PRICE SURVEY, ABSTRACT NO. 1207, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES AND REGULATIONS AMENDED TO ALLOW FOR IMPROVEMENTS TO THE EXISTING TRA LIFT STATION AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "R -PUD" Residential Ordinance No. 480 -640 1 Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the 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 Ordinance No. 480 -640 2 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 described as Tracts 4A1A, 4B1 and 4B2, R. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas, being approximately 0.3 acres, and more fully and completely described in Exhibit "A" from "R -PUD" Residential Planned Unit Development District to "S -P -1" Detailed Site Plan District with "CS" Community Service District uses and regulations amended to allow for improvements to the existing TRA lift Ordinance No. 480 -640 3 station as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following conditions: This TRA project includes upgrades and improvements to an existing TRA wastewater conveyance facility located at the intersection of White Chapel Road and Sabre Road. The address is 3200 White Chapel Road. A summary of the work is as follows: Kirkwood Lift Station Proposed Work Summary: The project includes the rehabilitation of TRA's existing Kirkwood (sewage) Lift Station. Improvements are intended to improve electrical service reliability and safety, ease of maintenance, and overall site appearance. The major proposed items of work on the project include: • Installation of an approximately 57 -foot by 15 -foot x 14-foot tall off- site/factory- constructed electrical building. • Installation of an approximately 35 -foot by 12 foot emergency /standby power generator with outdoor enclosure and foundation slab. • Removal of the existing outdoor electrical facilities and replacement within the new electrical enclosure budding. • Removal of the existing 25 -foot by 12-foot canopy cover and columns over the existing electrical facilities to be removed. • Construction of steel frame monorail hoist over the existing pump wet well to allow for sewage pump removal without use of a mobile crate. • Replacement of concrete pavement removed for construction of the above, to current pavement limits. • Installation of a new 10-foot by 10 -foot below -grade concrete flow meter vault. • Removal of the existing and replacement of Moot high chain link fencing with new 8 -foot high wrought iron fence with cedar pickets and one strand upper barb wire. S -P -1 Uses and Regulations for the Trinity River Authority Lift Station The S -P -1 uses and regulations for the Trinity River Authority Lift Station will follow the "CS" Community Service district uses and regulations with the following exceptions: Additional Permitted Use: Sewage Lift Station and associated structures and equipment. Development Regulations: Structures and equipment are allowed as shown on the site plan and elevations. Any additional above ground structures or equipment to be added in the future will require City Council approval of a site plan. Variance to Landscape Ordinance No. 544, as amended: There shall be no landscaping required. City Council Motion at 1 Reading: June 4, 2013; Approved on consent (5 -0) at 1 Reading. City Council Motion at 2nd Reading: Ordinance No. 480 -640 4 June 18, 2013; Approved (7 -0) at 2 reading pursuant to site plan review summary No. 2, dated May 23, 2013 and including the variance to the Landscaping Ordinance. 1. Relocate the fence and switchgear as far west as possible to allow for the future improvement of N. White Chapel Blvd. Dedication of the full right of way for N. White Chapel Blvd. will not be required since the curvature of the road will require additional right of way dedication from the east side of N. White Chapel Blvd. 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. Ordinance No. 480 -640 5 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. Ordinance No. 480 -640 6 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website 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 it 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 1 reading the 4 day of June, 2013. / 0 a' MAYOR ATTEST: , 0 3..T . H�,g -. r0 gT 4 O --c) : 'jam i 1 &-- CITY S CRETARY :. s•. r C Drc •PGIT V *** ' PASSED AND APPROVED on the 2 reading the 18 day of June, 2013. i 41111k. a I W. . . kg 0 MAYO' ATTEST: .. �THI , Ct10..,ti.C.2c . CITY SECRETARY • Ordinance No. 480 -640 (!)eau.T1/4{) * * *,,.,`'• 7 ,, APPROVED AS TO FORM AND LEGALITY: Ceee CITY ATTORNEY R DATE: 4 1 I. ADOPTED: EFFECTIVE: 4.im 61' 6 9.10/2 Ordinance No. 480 -640 8 EXHIBIT "A" Being described as Tracts 4A1A, 4B1 and 4B2, R. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas, being approximately 0.300 acres, and more fully and completely described below: BEGINNING at a 5/8 inch capped rem stamped " Boil - Zollars• found in North White Chapel Road and at the southeaster corner of the Right of Way Dedication as shown on the Plat of Sabre Group Campus according to the records found in Cabinet A, Page 12217 of the Plat Records of Tarrant County,Texas; THENCE South 02 Degrees II Minutes 25 Seconds East, with the East line of said Right of Way Dedication, a distance of 22.75 feet to a 1/2 inch rebut found; THENCE South 26 Degrees 56 Minutes 00 Seconds East, with North White Chapel Road a distance of 86.62 feet to the Northeast corner of the Right of Way Dedication as shown on the Plat of Kirkwood I follow Phase H, recorded on the Plat Records of Tarrant County, Texas; THENCE South 89 Degrees 56 Minutes 04 Seconds West, with the north line of Lot 30, Block 1 ti tine Kirkwood Hollow Phase IL as recorded in Book A, page 6044 of the Pat Records of Tarrant County, Texas a distance of 154.98 feet to a 5/8 inch capped rebar stamped • Hutt - Zollars• found at the northwest corm. of said Lot 30 thereof; THENCE North 00 Degrees 03 Minutes 56 Second West, leaving the aforementioned north line of Lot 30 and with the West line of Lot , Block _ of this Plat, a distance of 100.00 feet to a reentrant corner being a 5/8 inch capped rebar stamped ' I twit - Zoltars" found and being the Northwest corner of Lot 1, Block A of this plat; THENCE North 89 Degrees 56 Minutes 04 Seconds East a distance of 114.99 feet to the POINT OF BEGINNING and enclosing 0.300 acre. Ordinance No. 480 -640 9 EXHIBIT "B" Approved Site Plan Submitted May, 10, 2013 1 = New 8' tall wrought -iron fence with cedar r '"f- d Nlw flow meter vault pickets - s New monorail for pump ; '' 1 E removal \ tl- = New concrete access Am = 91\ 1 F . � T a..w Emergency '� i. - © ® �� • ,� - . Generator , Igidik Ilk \ - ` . `.. - - 0 � Transformers 1 lectri 1 P ^ — ._ ., awl _,, --.-.6.' ; ; ° �� :. 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Sn 241r nRAI .a : 4% tl' warm Nutt m v saalr Ordinance No. 480 -640 13 INVOICE Star - Telegram Customer ID: CIT57 808 Throcicmorton St. Invoice Number: 326065081 FORT WORTH, TX 76102 RECEIVED (817) 390 -7761 Invoice Date: 6/21/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days JUL 1 5 2013 Due Date: 6/30/2013 Bill To: PO Number: 21300100 CITY OF SOUTHLAKE OFFICE OF CITY SECRETARYOrder Number: 32606508 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA CITY OF SOUTHLAKE, TEXAS Attn: Attn: A AN ORDINANCE ORDI- Publication Date: 6/21/2013 t• ' ,„,. 7 - NANCE NO. 480, AS AMENDED, -. 0 : ORDINA CE NHE CI IOF `°ca Col Depth Linage MU R Am oun t SOUTHLAKE, TEXAS; GRANTING A CITY OF SOUTHI Z TG C ON OCERTAIIN 3580 6 - 6 LINE $2.40 $160.80 WITHIN THE CITY OF SOUTHLAKE, TEAS BEINALLY DE- Sales Discount SCR BED AS TRACTS 4A1A, 4B1 ($85.40) AND 4B2, R. PRICE SURVEY, ABSTRACT NO. 1207, CITY OF M1SC Fee SOUTHLAKE, TARRANT COUNTY, $5.00 TEXAS, BEING APPROXIMATELY 0.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT "A" FROM "R -PUD" RESI- DENTIAL PLANNED UNIT DEVEL- OP DETAILED D S TE I PLAN DISTRICT Net Amount: $80.40 WITH "CS" COMMUNITY SERVICE DISTRICT USES AND REGULA- TIONS AMENDED TO ALLOW FOR IMPROVEMENTS TO THE EXIST- ING TRA LIFT STATION AS DE- PICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EX- ' HIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CON- ��,,,,,,� TAINED IN THIS ORDINANCE; otti ?�8., CHRISTY LYNNE HOLLAND CORRECTING THE OFFICIAL ZON- � `1+y Notary Public, State of Texas LNG MAP; PRESERVING ALL OTHER x • i PORTIONS OF THE ZONING OR it:., { y? My Commission Expires DINANCE; DETERMINING THAT . ;' '••• E +c� ,,;,,oF,,,� July 31, 2016 THE STATE OF TE; THE PUBLIC INTEREST, MORALS — — __ AND GENERAL WELFARE DEMAND , County of Tarrant AMENDMENTS CHANGES MENDMENTS HEREIN MADE; PROVIDING . THAT THIS ORDI- Before me, a Notary NANCE SHALL BE CUMULATIVE State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, F A SE VERABIL,TYCCLAUSEViP c. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clii VIDING FOR A - .PENALTY FOR )fished in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM VIOLATIONS HEREOF; PROVIDING ( 817 215 A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVID- LNG AN EFFECTIVE DATE. ned V V� Any person, firm or corporation who SUBSCRIBED AND violates, disobeys, omits, neglects Thursda J 2 /13. Q r refuses to comply with or who y' e r resists the enforcement of any of ► 1 the provisions of this not mor e than Tw o , �,�� J` . , , shall be fined Two dry Public _ L % i Thousand Dollars ($2,000.00) for , each offense. 'Each day that a violation is permitted to exist shall constitute a separate offense. Passed and approved this the 18TH day of June, 2013 during the regular Thank You Fi Cit Council meetin Ma John Terrell Attest: Alicia Richardson, City Sec- retary Rem To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 326065081 Invoice Amount: $80.40 PO Number: 21300100 Amount Enclosed: ;,____ _ INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 325603901 FORT WORTH, TX 76102 , (817) 390 -7761 Invoice Date: 5/16/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 5/31/2013 Bill TO ' PO Number: 21300100 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 32560390 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING Attn:Attn: ACCOUNTS PAYABLE Publication Date: 5/16/2013 fr � � 77 ''' ', ' � ` � � e�_ r Do t 'i V , PUBL1E' R1 ` 14 , 6T „ ice PUBLIC HE OF SOUTHLAKE, TEXAS I3580 1 45 45 LINE $6.17 $277.70 Notice is hereby given to all inter - ested persons that the City of Southlake, Texas, will consider thy; ( ) Sales DiSCOU . following items in the Council ($233.70) at Town Hall, 1400 Main Street, Southlake Texas for a Public Hearing : tore held by: Misc Fee The City Council on Tuesday, June $10.00 18, 2013,' at 5:30 p.m. or immedi- ately following the City Council Work Session to c qu Oder • Ordinance No. 480 -6 19`$ZA13.038), 1 Zoning Change and "'Development Plan fqr 1700 Shady Oaks Drive on YT1 Net Amount: $54.00 property being described as Tract � .. � -� r °� \ JJ 2D, T.M. Hood Survey Abstract No. a�.�L: 706, City of Southlake, Tarrant County, Texas , located at 1700 i `� Shady Oaks Dr., Southlake, Texas. tY ` 2013 The current zoning is "AG" Agri- culture District. The requested zoning is "R -PUD" Residential Planned Unit Development. SPIN DY•, Neighborhood #5. • Ordinance No. 480 -640, (ZA13 -056), Zoning Change and Site Plan for 041611 �� #1:1: Cf CMRISTY LYNNE HOLLAND the TRA Lift Station Rehabilitation I. on property being described as ' 4 ''fla Notary Public, State of Texas Tracts 4A1A,.4B1 and 4B2, R. Price , /� My Commission Expires Survey, Abstract No. 1207, City of •• , ' ,tiny d l , 2016 THE STATE Southlake, Tarrant County, Texas County of T Blvd , So uth ake,Texas. The urrent zoning is "R -PUD" Residential Before me, Planned Unit Developme The unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for .requested zonin is "S - - 1" De the Star -Tel tailed Site Plan. SPIN Neighborhood 'gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the atta No. 1. I was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2 Aattend ested persons are urged to City of Southlake Alicia Richardson, TRMC City Secretary Signed �. ,��� SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday ay 6, '13. Notary Publi i� _i / , �.' Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 325603901 Invoice Amount: $54.00 PO Number: 21300100 Amount Enclosed: $