480-590A OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -590a
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 DESCRIBED AS
TRACTS 1, 2A AND 2B1, THOMAS MAHAN SURVEY,
ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 24.935 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 USESTO INCLUDE A SOLAR ENERGY SYSTEM AS A
PERMITTED ACCESSORY USE, 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
Ordinance 480 -590a 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 Tight and air; effect on the
over - crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
Ordinance 480 -590a Page 2
existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate Tight 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 Tracts 1, 2A, and 2B1, Thomas Mahan Survey,
Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately
24.935 acres, and more fully and completely described in Exhibit "A" from "S -P -1"
Detailed Site Plan District to "S -P -1" Detailed Site Plan District with "CS"
Community Service District uses to include a solar energy system as a permitted
Ordinance 480 -590a Page 3
accessory use, as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit "B," and subject to the following conditions:
S -P -1 Regulations and Variance Request Letter
{
HG q Hart. Gaugler & Associates. Inc.
Civil & Stru rural Engineering
i t
O
May 20. 2010
Mr. Dennis Killough
City of Southlake
Department of Planning
1400 Main Street, Suite 310
Southlake, TX 76092
Re: Carroll Independent School District
New Middle School — Zoning Narrative
HGA Project Number 209072
Dear Dennis:
Carroll ISD desires to build a new Middle School on the site located north of East Kirkwood
Boulevard and south of East Highland Street between North Kimball Avenue and North
Carroll Avenue. The Middle School will be approximately 200,000 square feet and will
include two lighted tennis courts and a lighted football field with track. The property is
currently zoned S -P -1 Site Plan District. The property is classified as "Mixed -Use" on the
City's Consolidated Land Use Plan.
In order to develop the property in a manner that is suitable to the needs of CISD, the
property will need to be rezoned Our request is to allow the Middle School development
under S -P -1 Site Plan District Regulations using "CS" Community Service District zoning as
our basis.
Regulatory modifications to the CS development regulations as approved on September 1.
2009 include the following:
a) Height: No building or struetutz shall exceed two and one -half (2 -1/2) stories, nor
shall it exceed fifty (50) feet. Tennis court screen fence shall not exceed twelve (12)
feet in height. Tennis court Light poles shall not exceed fifty (50) feet in height.
Athletic field light poles shall not exceed eighty (80) feet in height.
b) Facade Articulation: On all facades, the horizontal and vertical articulation will be as
shown on the Site Plan and the Building Elevations.
c) Off -Street Loading Requirements: The minimum number of off- street loading spaces
shall be two (2). One space shall have a minimum dimension of 10 feet by 50 feet
and one space shall have a minimum dimension of 10 feet by 25 feet — exclusive of
turnaround and maneuvering space.
d) Fencing: Eight (8) foot tall black or green vinyl coated chain link fencing will be
allowed where property abuts a residentially zoned lot or tract or lot having an
occupied residential dwelling as shown on the fencing plan. Four (4) foot tall black
or green vinyl coated chain link fencing will be allowed on the property adjacent to
the practice fields.
12801 N. Central Expressway • Suite 1400 • Dallas. TX 75243 • Voice 972 -239 -5111 • Fax 972 2 9- SD55
Ordinance 480 -590a Page 4
HGA Hart, Gangler &. Associates, Inc.
Civ l& Stw. rural rn
t 1
A 0
Additional regulatory modifications to the CS development imitations include the
following:
al Height: No building or structure shall exceed two and one -half (2-1/2) stories, nor
shall it exceed sixty (60) feet.
b) Architectural Elevations and Materials: On all facades, the elevations and materials
will be as shown on the Site Plan and the Building Elevations.
c) Solar Energy System: The solar energy system is a permitted accessory use as shown
on the plans.
Variance requests approved on September 1. 2009 include the following
a) Drivewvay Stacking: The required internal storage, based on the average number of
parking spaces per driveway (97) and based on the total number of parking spaces
(193) is 75'. The minimum storage length shall be sixty (60) feet.
E.) Athletic Field and Tennis Court Lighting: Type of lighting proposed is Metal Halide
for Athletic Field and Tennis Court (type permitted — high pressure sodium, brown
tented light). .1 he maximum light intensity proposed not to exceed ± 50 tool candles
on the tennis courts playing surface and 30 foot candles on the athletic field playing
surface imax. permitted 20 ft candles). The maximum vertical spill- overlighting
proposed not to exceed ±0.7 ft. candles along residential and agricultural property
lines (max. 0.5 permitted). The maximum horizontal spill -over along residential and
agricultural property lines 00.14 ft. candles) complies with the maximum spill -over
permitted by the Lighting Ordinance (0.2 ft. candles)
Please feel free to contact us with tury questions you may have as you review this request.
Sincerely,
Hart, Clingier & Associates, Inc.
John D. Blacker. P.E.
Principal
Pt 2OO?1:(WCZC'iiibS®hmittal€Joamal eabmital.? IOE(J lg? l Ityi {.GLT -ZONWO N4RFATNE - OLITH1A}O Gntdoc
1. CISD will install an 8 -foot black or green- coated chain Zink fence (granting latitude on
the color of the fence to the CISD Board of Trustees) and an 8 -foot wood fence where
noted on the site plan, stating that CISD has committed to following the City's property
maintenance standards that are followed by the City of Southlake and, in the future,
stating that CISD has agreed that as the property next door develops any changes in
fencing materials will be evaluated by all property owners and city staff and will be
compatible with what is existing;
2. Specifically approving the variances for the type of lighting provided, the light intensity,
and the driveway stacking;
. 3. Acknowledging the applicant's willingness to provide evergreen shrubbery along
Ordinance 480 -590a Page 5
northern parking boundary just to the south of the playing fields;
4. Subject to Site Plan Review Summary No. 2, dated May 26, 2010:
a. Please correct the northeast bufferyard shown on the site plan to match the length
shown on the landscape plan bufferyard chart. The bufferyard should not extend
through the tree preservation area along the northeast property line. Correct the
bufferyard summary chart on the site plan to match the summary chart on the
landscape plan.
b. Please provide the required number of plantings in each bufferyard or add to the
"S -P -1" regulations that the required number of plantings will be provided on the
site.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding
of land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
Ordinance 480 -590a Page 6
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 ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Ordinance 480 -590a Page 7
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
Ordinance 480 -590a Page 8
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 1st day of June, 2010.
I�..�!
MAYOR
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CITY SECRETAR6( f-- %
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PASSED AND APPROVED on the 2nd reading the 15th day of June, 2010.
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MAYOR
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APPROVE A` TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: 6 .15.10
EFFECTIVE: 4 ./$• /D
Ordinance 480 -590a Page 9
EXHIBIT "A"
Being legally described as Tracts 1, 2A, and 2B1, Thomas Mahan Survey, Abstract No. 1049,
City of Southlake, Tarrant County, Texas, being approximately 24.935 acres, and more fully and
completely described as follows:
LEGAL DESCRIPTION
BEING 24.935 acres of land located in the Thomas Mahan Survey, Abstract 1049,
County of Tarrant, according to the deeds recorded in Instrument Number D197210732,
and Instrument Number D209223480, of the Deed Records, of Tarrant County, Texas.
Said 24.935 acres of land being more particularly described by metes and bounds as
follows:
BEGINNING at a 1 '/z" iron pipe found at the Southwest corner of a tract of land
conveyed to Linda Hillard Carter by the deed recorded in Volume 9599, Page 1114, of
the Deed Records of Tarrant County, Texas, and the Northwest corner of said Carroll
Independent School District Tract recorded in Instrument Number 0209223480, said
point also lying in the East boundary line of said Carroll Independent School District
tract recorded in Instrument Number D197210732;
THENCE S 89° 35' 35" E 80.01 feet, along the South boundary tine of said
Hillard tract, to a' /a" iron rod marked "Brittain & Crawford" set at the Northeast
corner of said Carroll Independent School District Tract recorded in Instrument
Number D209223480;
THENCE S 00° 29' 35" E 879.99 feet, along the East boundary line of said
Carroll Independent School District Tract recorded in Instrument Number
D209223480, to a' /Z' iron rod marked "Brittain & Crawford" set in the North right -
of -way line of Kirkwood Boulevard (a 100' wide public right -of -way);
THENCE along the North right -of -way line of said Kirkwood Boulevard, as follows:
1. NORTHWESTERLY 647.28 feet, along a curve to the left, having a
radius of 1130.00 feet, and a chord bearing N 73 °59'52" W 638.46
feet, to a W' iron rod marked "Brittain & Crawford" set, at the end of
said curve;
2. S 89° 35' 33" W 256.03 feet, to a' /Z' iron rod marked "Brittain &
Crawford" set, at the beginning of a curve to the right;
3. NORTHWESTERLY 559.87 feet, along said curve to the right,
having a radius of 1030.00 feet, and a chard bearing N 74 °50'09° W
553.00 feet, to a Y" iron marked °Brittain & Crawford" set, in the West
boundary line of the aforesaid Carroll Independent School District tract
recorded in Instrument Number D197210732, and the most Westerly
East boundary line of a tract of land conveyed to Gateway Church by
the deed recorded in Instrument Number D204303704 of the Deed
Records of Tarrant County, Texas;
THENCE N 00° 42' 59" W 17335 feet, along the West boundary line of said
Carroll Independent School District tract recorded in Instrument Number
D197210732, and the most Westerly East boundary line of said Gateway Church
Tract, to a W iron rod marked "Brittain & Crawford" set;
Ordinance 480 -590a Page 10
THENCE along the West boundary line of said Carroll Independent School District tract
recorded in Instrument Number D197210732, as follows:
1. N 89° 16' 52" E 386.60 feet, to a 5/8" iron rod found;
2. N 48° 35' 37" E 267.72 feet, to a 5/8" iron rod found;
3. N 04° 42' 23" W 787.37 feet, to a °PK" nail found in the centerline of
East Highland Street (a variable width public right -of -way);
THENCE N 89° 41' 48" E 342.63 feet, along the centerline of said East
Highland Street, to a "PK" nail found at the most Northerly Northeast corner of
said Carroll Independent School District tract recorded in Instrument Number
0197210732, and the Northwest corner of a tract of land conveyed to Jerold F.
Lawrence by the deed recorded in Volume 11593, Page 1204, of the Deed
Records of Tarrant County, Texas;
THENCE S 00° 32' 51" E 333.15 feet, along the most Westerly East boundary
line of said Carroll Independent School District tract recorded in Instrument
Number D197210732, and the West boundary line of said Lawrence tract,
fencepost found at the Southwest corner of said Lawrence tract;
THENCE N 89° 49' 56" E 391.98 feet, along the south boundary line of said
Lawrence tract, to a fencepost found at the Northeast corner of said Carroll
Independent School District tract recorded in Instrument Number 1)197210732,
and the Southeast corner of said Lawrence tract;
THENCE S 00° 36' 03" E 250.73 feet, along the East boundary line of said
Carroll Independent School District tract recorded in Instrument Number
D197210732, and the West boundary line of the aforesaid Hillard tract, to the
POINT OF BEGINNING, containing 24.935 acres of land.
Ordinance 480 -590a Page 11
EXHIBIT "B"
SITE PLAN SUBMITTED JUNE 15, 2010
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LANDSCAPE PLAN SUBMITTED JUNE 15, 2010
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TREE PRESERVATION PLAN SUBMITTED JULY 30. 2009
(CASE ZA09 -032)
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Page 15
Ordinance 480 -590a
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Page 16
Ordinance 480 -590a
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Page 17
Ordinance 480 -590a
SOUTH ELEVATION SUBMITTED MAY 6, 2010
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NORTH VIEW
Ordinance 480 -590a Page 18
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
JUN 5 2010
_ I
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn: Attn: ACCOUNTS PAYAB
CITY OF SOUTHLAKE Notice is he
Sales Discount
Misc Fee
THE STATE OF TEXAS
County of Tarrant
I3580 1
Customer ID:
CIT57
Invoice Number:
310418351
Invoice Date:
5/28/2010
Terms:
Net due in 21 days
Due Date:
5/31/2010
PO Number:
21000007-000.
Order Number:
31041835
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
5/28/2010
135 135 LINE $0.81 $109.35
($5.00)
$5.00
Net Amount: $109.35
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 publish�d�yn the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501 ` \ In T t
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, June/01, 701
Notary Publ
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:
310418351
Invoice Amount:
$109.35
PO Number:
21000007-000.
Amount Enclosed:
CITY OF SOUTH -
LAKE
Alce is hereby given
y the City Council
f the City of
'outhlake, Texas,
hat a public hearing
dill be held on June
5, 2010, at 5:30 p.m.
r immediately fol-
ng is
sec -
the
OR
:D AS
S 1, 2A AND
HOMAS MA-
'URVEY, AB-
T. NO. 1049,
OF SOUTH-
TARRANT
Y, TEXAS,
APPROXI-
Y 24.935
AND MORE
AND COM-
Y DE -
or
vi-
refuses to comply
yvith..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