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480-338a OrdinanceCITY OF SOUTHLAKE TEXAS OFFICIAL RECORD ORDINANCE NO.480-338a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1 R, BLOCK 1 R, CARROLL HIGH 'SCHOOL ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 55 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES 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 "S-P-1" Detailed Site Plan District under the City's Comprehensive Zoning Ordinance; and, Ordinance No. 480-338a Page 1 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 existed at the time their original investment was made; and, Ordinance No. 480-338a Page 2 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 legally described as Lot 1 R, Block 1 R, Carroll High School Addition, Southlake, Tarrant County, Texas, being approximately 55 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses to "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Ordinance No. 480-338a Page 3 "S-P-1" Regulations as approved with Ordinance 480-338 1 SP-t REGULATIONS ride of Project: Carroll High Sg M1 Lot JIL Block Can No. ZA 2M78 Ptwposed Ragulatioas Caauaetua I Pamitted Uses Same as CS with the following eaaptW= - allowing for joint use facilities with the City of Southlaire. 2 Accessory Uses Same as CS, and adding natatorium, lighted tennis cour", lighted baseball fields with bleachers and co noession sales running ttacks, practice fields, and indoor training facility. 3 Specific Use Permits Same as CS 4 Deveiopnrnent Regutatiew 4 1 Height Same as CS 4.2 Front Yard Sam as CS 4.3 Side Yard Same as CS. except no zero lest fare dewtopmau allowed. 4A Rear Yard Same as CS 4.5 lydaxintum Lot coverage Same as CS 4,6 Manantot impervious Coverage Same as CS 4.7 Additional Devebpment Regulations Same as CS, except the existing high school Existing trees being saved along residential for building uses lying within 400 feet educational building and additions attadad thereto Property lines will partially shield the ofsingle family residential zzning. shall emulate existing construction materials, surfaces, building from view end mandatory firs and and architectural style. The proposed natatorium safety external lighting will be directed shall be exempt from vertical and horizontal away from residential property. articulation requirements trod du requirements for a 4:1 height setback from existing residential zowng. 5 Concept Plan Na Catrcept Plan shell be required. site develo ped as a SP-1 requiring a site plan to be submitiod for additional devclopmeat. 6 Effect of Concept flan No Concept Plan required. 7 Site Plan Same as CS ' 8 Special Exception Uses Same as CS 1. Granting the requested variance to allow deferral of the required eight foot (8) multi -use trail along the east side of South Peytonville until the Phase V parking is added. 2. Subject to the recommendations of the Planning and Zoning Commission: a. Noting the applicant's willingness to add the eleven live oaks and a row of shrubs to the east and south of the added parking area as shown on the landscape plan. b. Noting the applicant's willingness to construct and maintain an 8' board on board fence along the Stone Lakes subdivision to the east and south Ordinance No. 480-338a Page 4 of the proposed parking area. 3. Subject to Site Plan Review Summary No. 3, dated February 12, 2009: a. Parking islands must be 12' wide for the entire length adjacent to the parking spaces. The two westernmost islands do not comply with this requirement as shown. b. The parking lot landscape islands are required to contain the minimum of one (1) canopy tree and the rest of the area in shrubs, ground covers, ornamental grasses or seasonal color. The applicant is requesting to install Crape Myrtles in each of the inner parking lot islands because the medians house utility vaults, utility lines and a fire hydrant and the canopy trees will conflict with these utilities. Canopy trees are required in the two westernmost parking islands since no utility vaults are located in them. Canopy trees are proposed in the medians surrounding the proposed parking lot addition. c. The existing shrub screening located along the east side of the existing parking lot is proposed to be replanted along the east side of the new proposed parking lot. 4. Subject to the landscaping plan as previously shown. 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 Ordinance No. 480-338a Page 5 present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all Ordinance No. 480-338a Page 6 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) 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. Ordinance No. 480-338a Page 7 PASSED AND APPROVED on the 1st reading the 3rd day of March, 2009. MAYOR ATTEST: CITY SECRET .`pvTH .ees•..•ee•• ��, PASSED AND APPROVED on the 2nd reading the 7th day of April, 2009. C Z _ MA OR ATTEST: CITY SECRETAF APPROVED AS TO FORM AND LEGALITY: Ordinance No. 480-338a Page 8 EXHIBIT "A" Being legally described as Lot 1 R, Block 1 R, Carroll High School Addition, Southlake, Tarrant County, Texas, being approximately 55 acres. Ordinance No. 480-338a Page 9 EXHIBIT "B" Site Plan submitted Feb. 11, 2009 s E m i� `v St�`7.1 "3?Lb"iT[ls"IC7fi" 1001 .:K 110111 irJc! i ynj axis �o xv b � H C iSKIN s aa7azer� 1! — .nuM i k � kK -K'c:3 l� .. ; z c -e- t � � ice:, � t 1.,. • i � , � #�€w � a --: h S, VAR of .wtt�. Ida. F i j jd Y A JI I fill zx- r h i Q !a u ♦ ti4 tk& �x a' x , t airs { d 3 x 1�p � j n ' �zz x s c aa y . . . . . . . . . . . . -. Wj x pit 'WAN A U; 4 wn $l I VIA 7WHIMS .53a6 _ x t ...... ,., _ l ...^. .y Ordinance No. 480-338a Page 10 Landscape Plan submit d Feb. 11,2009 VDH &n4I1&INVI4 ^� mNm molt, \j Jl #¥a %� /f Ordinance No 480 338 Page I1 Landscape Planting Plan submited Feb. 11, 2009 to JM 4 El T El @3 - HE --- - - - - - - - - - - - - C 0 0 0 0 C-0 C T 0 fu Ordinance No. 480-338a Page 12 INVOICE Preview I Stab -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 304079501 FORT WORTH, TX 76102 Invoice Date: 4/10/2009 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2009 Bill To: PO Number: no po CITY OF SOUTHLAKE Order Number: 30407950 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/10/2009 Attn Attn: ACCOUNTS PAYABLE ;es,crption . Location Col Depth _ Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 115 115 LINE $0.81 $93.15 IZ�cFKD �r AY - g 2C09 THE STATE OF TEXAS County of Tarrant Net Amount: $93.15 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publis in the above named pa er on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 � �/'"\ 1n` 1^�` Cinncrl L % l 1/ \ ') 'Ya1n lw1 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 14, Notary c� 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: 304079501 Invoice Amount: $93.15 PO Number: no po Amount Enclosed: $ CITY OF SOUTHLAKE ORDINANCE NO. 480-338a AAMENDING ORDINANCE NO. 480, AS AMENDED, THE ZONING -COMPREHENORDIE- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN OR CTS OFACT LAND WITHIN THE CITY TEX- AS OF SOUTHLAKE, BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1R, A CRROLL HIGH SCHOOL ADDITION, H LAI< RANTCOUNTY, TEXAS, BEING AP- PROXIMATELY 55 ACRES, AND MORE FULLY AND COM- PLETELY SCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT COM- MUNITY CS SERVICE DISTRICT USES TO DETAILED SITE PLAN DISTRICT COM- MUNITY CS SERVICE DISTRICT AS DEPICTED ONUSES STHE APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED H REIN AS EXHIBIT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING nTIONS ING CHANOt� -- AMENDMENTS HERPROVIIDING MADE; THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER - ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, 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 Dars ($2 000 usand 00) foroeach offense. Each day that a violation i; ipermitted to exist shall constitute a separate offense. PASSED AND AP- PROVED THIS THE 7th DAY OF APRIL, 2009, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary _