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480-343ACITY OF SOUTHLAKE, TEXASCFFiCIAL RECORD ORDINANCE NO. 480-343a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1, CORNER ADDITION, BEING APPROXIMATELY 4.012 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUTSIDE STORAGE TO its-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUTSIDE STORAGE AND PUBLIC PARK TO INCLUDE A CHILDREN'S SAFETY EDUCATION FACILITY, 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, Case No. ZA08-112 Page 1 WHEREAS, the hereinafter described property is currently zoned as "S-P-1" Detailed Site Plan 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 Case No. ZA08-112 Page 2 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 legally described as Lot 3, Block 1, Corner Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 4.012 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan Case No. ZA08-112 Page 3 District with "CS" Community Service District Uses limited to a public safety facility with associated outside storage to "S-P-1" Detailed Site Plan District with "CS" Community Service District Uses limited to a public safety facility with associated outside storage and public park to include a children's safety education facility as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: 1. As presented to City Council at March 3, 2009 meeting. 2. All plans are to match the attached site plan received by the City on February 23, 2009 with regard to the location of the bus drop off lane. 3. Subject to Site Plan Review Summary No. 3, dated January 30, 2009: A. Relocate the sidewalk leading from Safety Town to the Classroom Building so that the trees that are proposed to be preserved are preserved. Move the sidewalk to the south between the trees. B. Please provide another evergreen shrub besides Dwarf Wax Myrtle. A few Dwarf Wax Myrtles are alright but there needs to be more variety that will provide longevity to the landscaping. I might suggest a loropetalum in place of the Dwarf Wax Myrtle. They are evergreen and provide a nice contrast of the purple leaf color next to the jasmine. C. Brodie Junipers are proposed to be planted around the Storage "C" Building and the DPS Storage Building, at 3' centers. Brodie Juniper is an Eastern Red Cedar which will not fit in the space provided. Replace the Brodie Junipers with some form of holly or smaller shrub at the correct spacing. A Burford, Nellie R Stevens or Mary Nell Holly would be a better choice. D. On the detail for the wrought iron fence and on the site plan, be specific about the locations of the brick columns. Provide on center spacing distance or show the brick columns on the site plan. 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. Case No. ZA08-112 Page 4 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. 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 Case No. ZA08-112 Page 5 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. 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. Case No. ZA08-112 Page 6 PASSED AND APPROVED on the 1st reading the 17th day of February 2009. MAYOR ATTEST: e a i CITY SECRET, aaa.m' PASSED AND APPROVED on the 2nd reading the 3rd day of March 2009. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: labJ21,20 ADOPTED: MOXCh 3, &Y)q EFFECTIVE: ffktCh 1j, b?(q MAYOR ATTEST: hR4� \� .. CITY SECRETARY 547 .0- • • Co Case No. ZA08-112 Page 7 EXHIBIT "A" Being legally described as Lot 3, Block 1, Corner Addition, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 4.012 acres. Case No. ZA08-112 Page 8 EXHIBIT "B" Site Plan Received February 23, 2009 . .......... �&DOOVS3NNOD1 NDOIS'E�1.01 I.— CD 0 IZA Nmvd NAAOi A-L34VS < C N E 1FkE :2 1 ILI Ir M Ew; li fill CG oS e.. ..�i�l ass Ilk Lj lit 11 10 6 ua- ------- - Niff ------- ----- ------- -- ----- 3nAL;MV 7� JOGWY z < Case No. ZA08-112 Page 9 Elevations Received February 23, 2009 E 11(_#+ - -•• -• N0,n3. n.n�unos 11104V N3N8OJ'1)[.Dole 'E lOI c {{��g )IdVd NAI\01 Q C A133VS N �ts: f • E 7 rq IW1 It ._� Li e 0� zi l7 _. J W � O Y V � WW W I- P C^ P 6L U< A F MIJ, Case No. ZA08-112 Page 10 Tree Conservation Plan Received February 23, 2009 Ile } itja r 4SR.17 " t s 4 _.r R — 4- Case No. ZA08-112 Page 11 Landscape Plan Received January 29, 2009 C F kI i,- lit] Nit LIZA" Enb Case No. ZA08-112 Page 12 INVOICE - StaAelegram Customer ID: CIT57 400 W. 7TH STREET nr Invoice Number: 303427991 FORT WORTH TX 76102 RECEIVED (817) 390-7761 Invoice Date: 3/7/2009 Federal Tax ID 26-2674582 1 2009 Terms: Net due in 21 days APR 6 Due Date: 3/31/2009 Bill To: _ CITY OFST SOUTHLAKE PO Number: #20900115-000 OFFICE OF U 31 SECRETARY Order Number: 30342799 IN 1400 MA STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 3/7/2009 Attn BOB BYRD Description Location Col Depth Linage MU _ Rate — Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 1 125 125 LINE $0.81 $101.25 Sales Discount ($5.00) Misc Fee $5.00 Net Amount: $101.25 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7501 r\ Signec SUBSCRIBED AND SWORN TO BEFORE ME, THIS TL Notary Thank You For Your Payment ------------- ------------------------_.-.------ Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 303427991 $101.25 #20900115-000 $ Legal Notices . CITY OF SOUTHLAKE ORDINANCE NO. 480-343a AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1, CORNER ADDITION, BEING APPROXIMATELY 4.012 ACRES, AND MORE FULLY AND COMPLETELY - DE- SCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COM- MUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUT- SIDE STORAGE TO DETAILED SITE PLAN DISTRICT WITH "CS" COM- MUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUT- SIDE STORAGE AND PUBLIC PARK TO INCLUDE A CHIL- DRENS SAFETY EDUCATION FACILI- TY, AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND A M END M ENT S HEREIN MADE; PROVIDING THAT 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 Thousand Dollars ($2,000.00) for each offense. Each day that a violation is Permitted to exist shall constitute a separate offense. PASSED AND AP- PROVED THIS THE 3rd DAY OF MARCH, 2009, DURING THE REGULAR CITY COUNCIL MEETING. 'MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary INVOICE Preview Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF SOUTHLAKE Notice is he Sales Discount Misc Fee THE STATE OF TEXAS County of Tarrant I3580 RE"'CD ED fAAF( 1 3 2009 1 139 I ( i.. t f,. r ' r;LruM Customer ID: CIT57 Invoice Number: 303038661 Invoice Date: 2/15/2009 Terms: Net due in 21 days Due Date: 2/28/2009 PO Number: PO#20900115-000 Order Number: 30303866 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Dates: 2/13/2009 - 2/15/2009 139 LINE $0.42 $117.59 Net Amount: ($8.50) $5.00 $114.09 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 published in tt—above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 T {\ n Signed `-)a V 1�z SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, Febru ry 18, 2009. Notary Public 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: 303038661 Invoice Amount: $114.09 PO Number: PO#20900115-000 Amount Enclosed: $ Legal Notices fense is punishabic by a fine of not les_ than $300 or more than $600. If it is shown on the trial of an • offensc that the person has been previously convicted two times of an offense under this section, the of- fense is punishable by: (a) a fine of not less than $300 or more than $600; and (b) not less than 10 or more than 20 hours of community service. If it is shown on the trial of an offense that the person has been . previously convicted three times of an offense under this section, the offense is pun- ishable by: (a) a fine of not less than $500 or more than $1,000; and (b) not less than 20 or more than 50 hours community service. If it is shown on the trial of an offense that the person has been previously convicted four times of an offense under this section, the of- fense is punishable by a fine of $1,000 and 50 hours of community service. Passed and Approved on this 24th day of November, 2008. /s/Oscar Trevino Oscar Trevino - Mayor ATTEST: /s/Patricia Hutson Patricia utson - City Secretary APPROVED AS TO FORM AND LEGAL- ITY: /s/George Staples George Staples - City Attorney CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a Public hearing will be held on March 3, 2009, at 5:00 p.m. or immediately fol- lowing the Work Session, during the Regular City Council meeting to be held in the City Council regal ORDINANCE NO. 480- 343a AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF, SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1, CORNER ADDITION, BEING APPROXIMATELY 4.012 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COM- MUNITY SERVICE DISTRICT USES LIMITED TO A PUBLIC SAFETY FACILITY WITH ASSOCIATED OUT- SIDE STORAGE TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COM- MUNITY SERVICE DISTRICT USES' LIMITED TO A PUBLIC SAFETY FACILITY WITH I ASSOCIATED OUT- SIDE STORAGE AND PUBLIC PARK TO INCLUDE A CHIL- DREN'S SAFETY EDUCATION FACILI- TY, AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND .AMENDMENTS nail, 1400 Main IORDINANC Street, Southlake, q Texas. Purpose of the public hearing is VIDING ABILITY to consider the sec- pROVIDIN( PENALTY and reading of the LATIONS following ordinance: H Legal Notices 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 Thousand ' Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake. Lori Payne City Secretary