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480-594 CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480 -594 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 LOTS 1 AND 2, STANFORD PLACE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.737 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT 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 "SF -1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and, Ordinance No. 480 -594 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 -594 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 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: Ordinance No. 480 -594 Page 3 Being legally described as Lots 1 and 2, Stanford Place Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat recorded in Volume 388 -128, Page 79, Plat Records, Tarrant County, Texas, being approximately 17.737 acres, and more fully and completely described in Exhibit "A" from "SF -1A" Single Family Residential District 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 -594 Page 4 S -P -1 Regulations HGA Hart, Gaugler & Associates, Inc. Civil & Structural Engineering O March 30, 2010 Mr. Dennis Killough City of Southlake 1400 Main Street, Suite 310 Southlake, TX 76092 Re: Carroll Independent School District New Elementary School — Zoning Narrative HGA Project Number 209070 Dear Dennis: Carroll ISD desires to build a new Elementary School on the site located north of Orchard Hill Drive and west of North White Chapel Boulevard. The Elementary School will be approximately 94 ,000 square feet. The property is currently zoned "SF1A" Single Family Residential District which does not allow the school use. The property is classified as "Medium Density Residential" 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 Elementary 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 include the following: a) Facade Articulation: On all facades, the horizontal and vertical articulation will be as shown on the Site Plan and the Building Elevations. b) Off -Street Loading Requirements: The minimum number of off- street loading spaces shall be one (1). One space shall have a minimum dimension of 10 feet by 50 feet — exclusive of turnaround and maneuvering space. c) Fencing: Four (4) foot tall black or green vinyl coated chain link fencing will be allowed on the property adjacent to the tree preservation area. d) The site plan provides for 134 permanent parking spaces with the capacity to add 110 parking spaces as shown in the attached site exhibit for special events. Variance requests will include the following: a) Driveway Stacking: The required internal storage, based on the average number of parking spaces per driveway (122) and based on the total number of parking spaces including overflow spaces (244) is 100'. The minimum storage length shall be seventy-five (75) feet. Please feel free to contact us with any questions you may have as you review this request. Sincerely, Hart, Gaogler & Associates, Inc. John D. Blacker, P.E. Principal Enclosure — Overflow Parking Exhibit 1.t'.0D9120907UCWASu•ol ak12010.0.}30 CIO or somrhl201043-304- 1R- ma:u+c NARRATIVE- soLTwAre so.rmc 12801 N. Central Expressway • Suite 1400 • Dallas, TX 75243 • Voice 972 - 239 -5111 • Fax 972 - 239 -5055 4 10 - 3 " Ordinance No. 480 -594 Page 5 1. Reserving the right as City Council that the Director of Public Safety will notify Council if there becomes a safety or any other issue with access for the surrounding area regarding the pedestrian gate and Council can direct that the gate be closed; 2. Requiring that access to the drive onto Orchard Hill Drive will be for emergency access only and that it will be accessed by a Knox box; 3. Requiring that the fence that is put up by Carroll ISD is to be maintained to City standards throughout the life of the fence; 4. Requiring that the trees on the south side by the Kirkwood Hollow pool will be moved to protect more open areas affecting residents and requiring CISD to work with City staff on the placement of those trees; 5. Granting the requested variance to stacking depth. 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 Ordinance No. 480 -594 Page 6 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 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. Ordinance No. 480 -594 Page 7 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. Ordinance No. 480 -594 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 6 day of April, 2010. '1 MAYOR ATTEST: may, ''''.,- `. ci �t -.. , a CITY SECRETA f a Pi e PASSED AND APPROVED on the 2nd reading the 20 day of April 2010. , 0 k e MAYOR ATTEST: ,A,P , CITY SECRET Y APPROVE 1 A TO FORM AND LEGALITY: . 6,( CITY ATTORNEY DATE: gyp• MID ADOPTED: L ab JO EFFECTIVE: 4-23-ID Ordinance No. 480 -594 Page 9 EXHIBIT "A" Being described as a Lots 1 and 2, Stanford Place Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat recorded in Volume 388 -128, Page 79, Plat Records, Tarrant County, Texas, being approximately 17.737 acres: Ordinance No. 480 -594 Page 10 EXHIBIT "B" I Approved Site Plan Submitted April 12 2010 ._,.......... - ,,,, ,t1.1,10.1Donon 3. - 41. - vulosac, =LI, V f..4 ,..."--, NI L E ....... 4 . u _..„.. i .„,,... ,...., ' ONZ .I.JYYLVVY Aa mins Una a N ANYUCINIONNIVLS MI KT] ...v , ' 1 mrPossV I' If ZA i 4' 100 IVI - lb. 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W w • IM ❑ ❑ ❑ \ ❑ I I ( I 1 I o I I 1 1 I❑ Q u; a N' Ordinance No. 480 -594 Page 15 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 309861861 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 4/23/2010 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2010 Bill To: PO Number: PO#21000007-000 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30986186 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/23/2010 Desp>tion Location Col Depth Linage , 1VIU Rate Amount , CITY OF SOUTHLAKE ORDINANCE NO I3580 1 113 113 LINE $0.81 $91.53 Sales Discount ($5.00) Misc Fee _r $5.00 MAY 1 2 2010 Net Amount: $91.53 OFFIC1�jE►ARY =oti keirll CHRISTYLHOUAND My Commission Expires July31,2012 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 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 published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Sioned�&Cr"'CL\ \—b - SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, April Notary Pub 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 309861861 $91.53 PO#21000007-000 CITY Legal Notices OF SOUTHLAKE ORDINANCE NO. 480-594 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 DE- SCRIBED AS LOTS 1 AND 2, STANFORD PLACE ADDITION, AND ADDITION TO THE CITY OF SOUTHLAKE; TAR - RANT COUNTY, -TEXAS, BEING AP- PROXIMATELY 17.737 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "SF -IA" SINGLE FAMILY RESIDENTIAL DIS- TRICT TO "S-P-1" DETAILED I SITE PLAN DISTRICT WITH "CS" COM- MUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED HEREIN AS EXHIBIT 4", SUBJECT TO E SPECIFIC - RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE' COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE - 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 -[we Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a yne, INVOICE 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 Attn: Attn: ACCOUNTS PAYABLE APR 2 2 2010 CITY OF SOUTHLAKE Notice is he 13580 Sales Discount Misc Fee D APB 232010 OF.IC� 0, � N KG , AN THE STATE OF TEXAS County of Tarrant 1 128 Customer ID: CIT57 Invoice Number: 309556661 Invoice Date: 4/2/2010 Terms: Net due in 21 days Due Date: 4/30/2010 PO Number: 21000007-000 Order Number: 30955666 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/2/2010 128 LINE $0.81 $103.68 ($5.00) $5.00 Net Amount: $103.68 CHRI MHOUANA MyCommissionExpires July31, 2012 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 published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 �\ n e_1 k Sig SUBSCRIBED AND SWORN TO BEFORE ME, THIS Not '4',xcJ 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: 309556661 Invoice Amount: $103.68 PO Number: 21000007-000 Amount Enclosed: KE Zo, 2010, at 5:30 p.m. or immediately fol- lowing the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400. Main Street, Southlake, Texas. Purpose of the public h aring is to consider he sec- ond reading of the following ordinance: ORDINANCE NO. 480-594 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 DE- SCRIBED AS LOTS 1 AND 2, STANFORD' PLACE ADDITION,' AND ADDITION TO THE ' CITY OF SOUTHLAKE, TAR - RANT. COUNTY, TEXAS, BEING AP P R O X I M A T E L Y 17.737 ACRES AND MORE 'FULLY AND COMPLETELY° DE- SCRIBED IN EXHIBIT! A" FROM ' SF -IA" i SINGLE FAMILY I RESIDENTIAL DIS TRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COM- MUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING NEAP; 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 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, fii n or corporation who vi-', LLeegbil'Notices 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