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Item 7C Department of Planning & Development Services S T A F F R E P O R T April 27, 2010 CASE NO:ZA10-019 PROJECT:Zoning Change and Site Plan for Carroll Senior High School EXECUTIVE SUMMARY: On behalf of Carroll Independent School District, Hart, Gaugler and Associates, Inc. is requesting a Zoning Change and Site Plan from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District for improvements to the Carroll ISD Senior High School on approximately 55.03 acres located at 1501 W. Southlake Blvd. SPIN #10. REQUEST DETAILS: The applicant is proposing to add an art building, a gym expansion, an aquatics center expansion, a locker building at the tennis courts, and a locker building near the baseball and softball fields. In addition to the building additions and expansions, eighteen (18) parking spaces will be added. The following changes have been made to the site plan, tree preservation plan and landscape plan since approval at the April 22, 2010 Planning and Zoning Commission meeting: Item Comments 1. Remove the driveway east of the tennis The driveway has been removed from the plans. courts. 2. Reduce the size of the parking lot to the east The size of the parking lot has been reduced and the of the art building to preserve the existing trees in the stand have labeled as “preserved” or stand of trees. “marginal” on the tree preservation plan. 3. Reduce the size of the parking lot between The size of the parking lot has been reduced to the tennis courts and the baseball field to preserve the two existing oak trees. The double- preserve two existing oak trees. trunked oak tree in that area is labeled as preserved and the oak tree adjacent to the baseball field is labeled as marginal on the tree preservation plan 4. Determine the feasibility of moving the The applicant is checking on the cost of moving the existing gas meter in the location of the meter to determine the feasibility and he will have an th proposed multi-use trail. answer at the May 4 meeting. 5. Provide an 8’ board-on-board wood fence Since the driveway has been removed from the along the eastern property line. eastern side of the tennis courts and the parking lot has been reduced in size, the applicant is proposing to maintain the existing 6’ wood fence. 6. Fences must adhere to the City’s property The applicant has agreed to adhere to the property maintenance codes. maintenance codes. 7. In the S-P-1 regulations, remove “lighted” The word “lighted”, shown in error, has been removed Case No. ZA10-019 before baseball field and softball fields as an as requested. allowed accessory use. VARIANCE REQUESTS: (1) Section 5.06.C of the Subdivision Ordinance requires that sidewalks be located no closer than two feet (2’) to the curb or grade line. The applicant is requesting a variance to allow sidewalks to meander to the curb line. (2). Section 5.06.B.3.a of the Subdivision Ordinance requires that sidewalks shall be either 5’ in width or the width as specified in the city’s Pathways Master Plan. The Pathways Master Plan shows an 8’ multi-use trail along the east side of Peytonville Ave The applicant is requesting a variance to allow a trail of approximately five feet (5’) in width adjacent to an existing gas meter only. The applicant is checking on the cost to move the gas meter to see if it would be feasible. st ACTION NEEDED:Consider 1 reading approval of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information - Link to PowerPoint Site PlanReview Summary No. 3, dated April 27, 2010 (D) (E) SPIN Meeting Report (F) Surrounding Property Owners Map and Responses Ordinance No. 480-338b (G) for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Richard Schell (748-8602) Case No. ZA10-019 BACKGROUND INFORMATION OWNER: Carroll Independent School District APPLICANT: Hart, Gaugler and Associates, Inc. PROPERTY SITUATION: 1453 and 1501 W. Southlake Blvd. and 301 S. Peytonville Ave LEGAL DESCRIPTION: Lot 1R, Block 1R, Carroll High School Addition LAND USE CATEGORY: Public/Semi-Public CURRENT ZONING: “S-P-1” Detailed Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -A plat revision (ZA00-006) was approved by City Council on June 6, 2000. -A zoning change and site plan (ZA99-078) from “AG” Agricultural and “S-P-1” Detailed Site Plan to “S-P-1” Detailed Site Plan with Community Service uses to allow the construction of a Natatorium, classroom additions and storage buildingswas approved by City Council on June 20, 2000. -A zoning change and site plan (ZA08-116) was approved by City Council on April 7, 2009 to allow the reconfiguration of the driveway and parking area south of the Aquatics Center. CITIZEN INPUT/ BOARD REVIEW: - A SPIN meeting was held for this development on February 22, 2010. A summary of that meeting is included in Attachment E of this report. STRATEGIC LINK: Quality Development SOUTHLAKE 2025 PLAN: Pathways Plan & Sidewalk Plan An eight foot (8’) multi-use trail is existing along the south side of W. Southlake Blvd. An eight-foot (8’) multi-use trail is required along the east side of South Peytonville Avenue according to the Pathways Plan. A five-foot (5’) sidewalk exists along the northern portion of the Peytonville frontage. The required 8’ multi-use trail is shown on the plan. Tree Preservation Plan The Tree Preservation Plan has been revised after the P&Z meeting on April 22, 2010. The parking lot to the east of the proposed art building has been reduced in size to preserve an existing stand of trees. Also, the parking lot between the tennis courts and the baseball field has been reduced in size to preserve two existing oak trees. The double-trunked oak tree in that area is labeled as preserved and the oak tree adjacent to the baseball field is labeled as marginal on the tree preservation plan. PLANNING & ZONING COMMISSION ACTION: April 22, 2010; Approved (7-0), granting the first variance request to the Subdivision Ordinance requiring sidewalks to be no closer than two feet (2') to the curb or grade line; denying the second variance request to the Subdivision Ordinance Section 5.06.B.3.a regarding the eight foot (8') multi-use trail until Case No. Attachment A ZA10-019 Page 1 the applicant has determined the feasibility of moving the existing gas meter to allow for the eight foot (8') multi-use trail; also, noting the applicant's willingness to install a board-on-board eight foot (8') wood fence and landscaping along the eastern property line that corresponds to Lots 10 & 11, Block 7, of the Stone Lakes Subdivision, noting that all fences will adhere to the City’s property and maintenance codes; modify the language for the proposed S-P-1 permitted uses to remove the word “lighted” before baseball and softball fields; allowing the parking lot that is proposed, but only to allow the parking lot up to the western edge of the tennis courts not to disturb the trees; denying the parking lot that is further east of that and the roadway along the eastern boundary between the tennis courts and the eastern property line; also, amending the parking lot section of the Art Building to preserve all of the trees in the cluster of trees next to S.H. 1709; and subject to RevisedSite Plan Review Summary No. 2, dated April 22, 2010. STAFF COMMENTS: Site PlanReview Summary No. 3, dated April 27, 2010 is attached. Case No. Attachment A ZA10-019 Page 2 Case No. Attachment B ZA10-019 Page 1 Site Plan presented at April 22, 2010 P&Z meeting Link to PowerPoint Presentation Case No. Attachment C ZA10-019 Page 1 Site Plan submitted April 27, 2010 Driveway removed Parking reduced to preserve trees Case No. Attachment C ZA10-019 Page 2 S-P-1 Regulations and Variance Request Letter Case No. Attachment C ZA10-019 Page 3 Case No. Attachment C ZA10-019 Page 4 SITE PLAN REVIEW SUMMARY ZA10-019Three04/27/10 Case No.: Review No.: Date of Review: Site Plan Project Name: – Carroll Senior High School Improvements APPLICANT: Hart, Gaugler and Associates OWNER: Carroll ISD John D. Blacker Derek Citty 12801 N. Central Expy, Suite 1400 3051 Dove Road Dallas, TX 75243 Grapevine, TX 76051 Phone: (972) 239-5111 Phone: (817) 949-8218 Fax: (972) 239-5055 Fax: (817) 949-8229 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/26/10 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 RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072. 1. Please revise the renderings for the art building to match the elevations and landscape plan. 2. Please ensure that all parking lot landscape islands are at least 12’ in width at the widest point, from back of curb –to- back of curb. 3. Section 5.06.C of the Subdivision Ordinance requires that sidewalks be located no closer than two Please submit a variance request letter to allow sidewalks to feet (2’) to the curb or grade line. be located less than two feet (2’) from the curb and to allow a multi-use trail of less than 8’ adjacent to the existing gas meter. 4. Show any intended lighting. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. 5. Please label the façade materials to be used on the field house. 6. For property within the Corridor Overlay Zone provide elevation plans with dimensions showing building height, wall height, wall lengths, dimensions of horizontal and vertical articulation, and the type of exterior construction material. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.1.a is required on proposed buildings. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades visible from a Corridor R.O.W. and/or any portion of the building within 400’ of a property zoned or designated Please add to the S-P-1 regulations that articulation for the proposed additions residential. will be as shown on the site plan and elevations. The masonry materials on the art building do not meet the requirements of the Corridor Overlay Zone. Please add a regulation to the S- P-1 regulations that the concrete that is to be painted green will be allowed as a masonry material. 7. Please make the following changes to the Site Data Summary Chart: a. Please remove the row “Total” for parking since the same number is already provided in “Parking Spaces Provided”. Case No. Attachment D ZA10-019 Page 1 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: * Review comments for the Tree Preservation Plan received April 26, 2010 will be provided upon completion of the review. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. INTERIOR LANDSCAPE: * Review comments for the Landscape Plan received April 27, 2010 will be provided upon completion of the review. Public Works/Engineering Review GENERAL COMMENTS: 1. Provide all necessary easements if needed for water, sanitary sewer and drainage. Easements shall 15’ minimum be and located on one lot – not centered on the property line. A minimum 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. It appears that the existing water line drawn on the plans just south of the proposed Aux. Gym is located just north of the existing utility easement and also outside of the fire lane. It also appears like the existing water line on the west side of the Aquatics Center is located just outside of the utility easement as well. Please confirm location of easement or water line but the water line must be located within the easement. 3. The proposed water line to the southern most proposed locker room should be located within and easement. 4. The proposed water line associated with the Art Building should also be located within an easement. A portion of the existing water line and easement will need to be abandoned before a building permit is issued. 5. All fire hydrants should be located within an easement. 6. The proposed water line to the Locker Room and Field House Addition should also be located within an easement if the intent is for this to be part of the public water line system. 7. The sewer line appears to be private and should not require and easement. DRAINAGE COMMENTS: 1. The majority of the site drains through a serious of inlets and pipes to the eastern side of the property and then south along the property line through a drainage easement where it 2. It does not appear that an actual easement is dedicated for the detention pond. Since the plat will have to be amended, please add an easement. A copy of the SWPPP, if required, will need to be submitted to the Public Works department * prior to a pre construction meeting being scheduled. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Case No. Attachment D ZA10-019 Page 2 Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Additional comments may need to be addressed once detailed engineering is completed and construction plans submitted to the Public Works department for a more detailed review. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. *=Denotes informational comment. Case No. Attachment D ZA10-019 Page 3 Informational Comments: * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit, a Plat Revision that provides easements for all utilities must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: Case No. Attachment D ZA10-019 Page 4 SPIN MEETING REPORT CASE NO. N/A – case has not been formally submitted to the City PROJECT NAME: CISD Senior High School Improvements SPIN DISTRICT: SPIN # 10 MEETING DATE: February 22, 2010 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3C & 3D TOTAL ATTENDANCE: Ten (10)  SPIN REPRESENTATIVE(S) PRESENT: Ronald Evans (#10)  APPLICANT(S) PRESENTING: John Blacker, Hart, Gaugler & Associates, Inc., Derek Citty, Carroll Independent School District  STAFF PRESENT: Richard Schell, Planner II STAFF CONTACT: Richard Schell, (817)748-8602; rschell@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation The property is located at 1501 W. Southlake Blvd. Development Details  The applicant is proposing a zoning change and site plan to allow the development of several improvements on the CISD Senior High School property. The property is currently zoned “S-P-1“ Detailed Site Plan District and the proposed zoning would be “S-P-1” Detailed Site Plan District to include the following: A 4,285 square foot, one-story addition to the Aquatics Center o A 3,150 square foot field house adjacent to the tennis courts o A 2,900 square foot field house adjacent to the baseball and softball fields o 14,605 square feet of infill space to be used for coach’s offices, restrooms, etc. o A new 15,510 square foot gym o An 11,150 square foot art building o Additional parking spaces and reconfigured driveways o QUESTIONS / CONCERNS  Is this the largest expansion at the senior high school? An expansion in 1997 or so added 22 classrooms and a field house was added in 1999 or o 2000.  How will you secure the construction areas with students coming and going? An 8’ chain-link fence will be locked at all times when construction areas are not being o monitored. Construction employees will be terminated if they have any contact with students. o  There have been concerns about drainage in the past. Case No. Attachment E ZA10-019 Page 1 Underground pipes east of the tennis courts will be installed to solve drainage problems. o  Will the weight-room equipment be replaced? Yes. o GENERAL CONCERNS  Safety and security of students during construction  Drainage SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment E ZA10-019 Page 2 Surrounding Property Owners Carroll Senior High School Improvements SPO # Owner Zoning Land Use Acres Response May, Clentis L Etux Wanda J 1 SP2 Medium Density Residential 1.02 NR Akard, Larry W 2 SP2 Medium Density Residential 1.01 NR May, Wanda Jean 3 SP2 Medium Density Residential 1.95 NR Carroll ISD 4 SP1 Public/Semi-Public 56.04 NR Bradner Central Co 5 C2 Retail Commercial 2.18 NR Ott Real Estate Inv Ltd 6 O1 Retail Commercial 1.28 NR Myers Meadow Homeowners Assn 7 RPUD Medium Density Residential 4.90 NR Seitz, Kerry A Etux Suzanne J 8 SF20A Medium Density Residential 0.56 NR Semadeni, Reto B 9 SF20A Medium Density Residential 0.46 NR Mamerow, Bernard S Jr Etux H 10 SF20A Medium Density Residential 0.46 NR Parente, David Etux Cynthia 11 SF20A Medium Density Residential 0.46 NR Howell, Glenna Jinx 12 SF20A Medium Density Residential 0.46 NR Vassios, Michael T Etux Lisa J 13 SF20A Medium Density Residential 0.46 NR Little, Steven Etux Leigh 14 SF20A Medium Density Residential 0.46 NR Vanyo, Carole L Etvir Gordon A 15 SF20A Medium Density Residential 0.46 NR Robinson, Kenneth M 16 SF20A Medium Density Residential 0.46 NR Matthews, Paul M Etux Marlene 17 SF20A Medium Density Residential 0.46 NR Rogers, Dennis P Etux Sheila C 18 SF20A Medium Density Residential 0.48 NR Southridge Lakes Hmowner Assn 19 C3 Medium Density Residential 3.44 NR Case No. Attachment F ZA10-019 Page 1 Office Commercial, Retail Realty Income Texas Prop Lp 20 C3 Commercial 0.97 NR Office Commercial, Retail Southlake Blvd Presbyterian C 21 CS Commercial 5.02 NR Office Commercial, Retail Southlake Safeco Ltd 22 C3 Commercial 1.31 NR Office Commercial, Retail Eecu 23 C3 Commercial 0.81 NR Office Commercial, Retail 7-Eleven Inc 24 C3 Commercial 0.99 NR Bologna, Anthony Etux Susan 25 RPUD Medium Density Residential 0.58 NR Nuese, David V Etux Sandra K 26 RPUD Medium Density Residential 0.35 NR Rabbani, Mahmood Etux Mahnaz 27 RPUD Medium Density Residential 0.44 NR Bormaster, Brent Etux Robyn 28 RPUD Medium Density Residential 0.39 NR Rodgers, Craig A Etux Kathy 29 RPUD Medium Density Residential 0.39 NR Whitacre, Charles M & Vaunda V 30 RPUD Medium Density Residential 0.38 NR Jain, Anuj Etux Bhanu 31 RPUD Medium Density Residential 0.38 NR Kapich, Jack E Etux Kelly M 32 RPUD Medium Density Residential 0.35 NR Blanchard, Jeffery E 33 RPUD Medium Density Residential 0.36 NR Gorman, John Etux Teresa 34 RPUD Medium Density Residential 0.53 O Lambeth, Jeffrey Etux Felicia 35 RPUD Medium Density Residential 0.57 NR Stelling, Richard Etux Jennife 36 RPUD Medium Density Residential 0.40 NR Chaffee, Melvin L Etux Loretta 37 RPUD Medium Density Residential 0.33 NR Saeed, Quaiser Etux Samrin A 38 RPUD Medium Density Residential 0.33 NR Griffeth, Suzanne Marie 39 RPUD Medium Density Residential 0.44 NR Bruce, David N 40 RPUD Medium Density Residential 0.54 NR Williams, Richard A Etux Patri 41 RPUD Medium Density Residential 0.43 NR Schramm, Allen Etux Angela 42 RPUD Medium Density Residential 0.38 NR Naughton, James S Etux Lela 43 RPUD Medium Density Residential 0.31 NR Dominici, James P Etux Maria C 44 RPUD Medium Density Residential 0.52 NR Rao, Nataraj Etux Ritu B 45 RPUD Medium Density Residential 0.55 NR Roberts, Sean F Etux Deena R 46 RPUD Medium Density Residential 0.56 NR Schafer, Thomas C 47 RPUD Medium Density Residential 0.36 NR Armstrong, Edward Etux Kathryn 48 RPUD Medium Density Residential 0.73 NR Finn, Robert E Jr & Tammy 49 RPUD Medium Density Residential 0.42 NR Conrad, James Etux Fabienne M 50 RPUD Medium Density Residential 0.33 NR Kyle, Lee Etux Elizabeth 51 RPUD Medium Density Residential 0.30 NR Tan, Simon Etux Jennie 52 SF20A Medium Density Residential 0.48 NR Park, Louis Y Etux Tina R 53 SF20A Medium Density Residential 0.48 NR Lewandowski, Mark Etux Audra 54 SF20A Medium Density Residential 0.73 NR Grieco, Joseph R Etux Nina M 55 SF20A Medium Density Residential 0.53 NR Siegler, Steve A Etux Andrea 56 SF20A Medium Density Residential 0.47 NR Southlake Woods Lp 57 SF20A Medium Density Residential 0.21 NR Davis, Donald G 58 SP2 Retail Commercial 1.01 NR Nsp 210 Peytonville Llc 59 SP2 Medium Density Residential 1.01 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment F ZA10-019 Page 2 Surrounding Property Owner Responses Carroll Senior High School Improvements Notices Sent: Fifty-nine (59) Responses Received: One (1) – Attached Case No. Attachment F ZA10-019 Page 3 Case No. Attachment F ZA10-019 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-338b 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 1R, BLOCK 1R, 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 Case No. Attachment G ZA10-019 Page 1 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 rights of Case No. Attachment G ZA10-019 Page 2 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 1R, Block 1R, 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 Case No. Attachment G ZA10-019 Page 3 hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: “S-P-1” Regulations Reserved for S-P-1 Regulations 1. 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 Case No. Attachment G ZA10-019 Page 4 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 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 Case No. Attachment G ZA10-019 Page 5 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. PASSED AND APPROVED on the 1st reading the _______ day of _______, 2010. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____day of _______, 2010. ________________________________ MAYOR Case No. Attachment G ZA10-019 Page 6 ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA10-019 Page 7 EXHIBIT “A” Being legally described as Lot 1R, Block 1R, Carroll High School Addition, Southlake, Tarrant County, Texas, being approximately 55 acres. Case No. Attachment G ZA10-019 Page 8 EXHIBIT “B” Reserved for Approved Site Plan Case No. Attachment G ZA10-019 Page 9 Landscape Plan Reserved for Approved Landscape Plan Case No. Attachment G ZA10-019 Page 10