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
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Ordinance No. 480-338a Page 10
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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 _