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Item 8ACity of Southlake DeDartment of Planning STAFF REPORT February 15, 2002 CASE NO: ZA01 -126 PROJECT: Bicentennial Park — Clock Tower REQUEST: Cingular Wireless and The City of Southlake are requesting approval of a revised site plan and zoning change from "S -P -1" Site Plan District with "CS" uses to "CS" Community Service District Uses. ACTION NEEDED: Consider approval of first reading for rezoning and revised site plan. ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) (I) STAFF CONTACT: Tar; Background Information Vicinity Map Plans and Support Information Site Plan Review Summary Park Comments and Park Board Minutes Surrounding Property Owner Map Surrounding Property Owner's Responses Ordinance 480 -390 Full Size Plans (fog• Con2missvion and Council Member. � Only) i Brooks (481 -2079) Case No. ZA01 -126 BACKGROUND INFORMATION OWNER: City of Southlake APPLICANTS: Cingular Wireless / City of Southlake PURPOSE: The purpose of this revised site plan and rezoning is to add 13.144 acres to the current park property and to receive approval to construct a clock tower on the current park site. PROPERTY SITUATION: This property is located on the north side of West Southlake Boulevard (FM 1709), the west side of North White Chapel Boulevard, and the east side of Shady Oaks Drive. LEGAL DESCRIPTION: Lot 2R2, L.B.G. Hall No. 686 Addition, and Tracts 1, 113, 1C1, 1C2, 1C3, lE, 2A1, 2A2,213, 2131, 3C1A, 3C, 3D, 3131, 3D1A, and 3136, situated inthe Littleberry G. Hall Survey, Abstract No. 686, and being 74.754 acres. LAND USE CATEGORY: Public Parks / Open Space CURRENT ZONING: "S -P -1" Detailed Site Plan District Regulations with "CS" Community Service District uses. REQUESTED ZONING: "CS" Community Service District P &Z ACTION: February 7, 2002; Approved (6 -0), subject to Site Plan Review Summary No. 3, dated February 1, 2002, specifically approving requested variances for bufferyard relief and allowing 100' tower. STAFF COMMENTS: Attached is Revised Site Plan Review No. 3, dated February 1, 2002. A. Changes to the approved plan 1. Addition of 13.144 acres along the northwest side of the park; 2. Addition of a driveway accessing Shady Oaks Dive; 3. Construction of a 100' clock tower towards the south entrance of the park. 4. Change zoning back to "CS" Community Service District. Due to changes in the outside storage regulations, it is no longer necessary to have "S -P -1" zoning. The City's properties are typically zoned "CS ". B. Requested variances 1. Variance to the required bufferyards. The City is requesting to allow plantings as they already exist and as granted on the Case No. Attachment A ZA01 -126 Pagel previously approved plan. 2. The proposed clock tower exceeds the allowed maximum height of 50'. The City requests a waiver to allow a 100'clock tower. Although Case ZA002 -003, a request for SUP to allow a telecommunication antenna and associated equipment, is directly associated with this request, the clock tower is permitted as an accessory use and structure under the provisions of the Comprehensive Zoning Ordinance No. 480, Sections 8.3 and 33.5 and is not dependant upon the SUP approval.. 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ZA 01 -126 0 c �jg660 L � L.J � - Gr91Yla� b. -"- 1 1, F -Krim ta'Fne k%re — Proposec Location l ` i 1 1 1 � s V n 1 Irma .r . ao -o D Snuthlake M I N I.-- — ' t• ` ID 'an4v c�� KP rc NP.xCa C0.'Dn DY 9 Wnr n-£5 � rQVlc _ - -_ aPtlNY. r II[CCISa I vier s..eE ' l m uY n.0 J YaErt gnmv e .• :..ants r ZSCHEMATIC S. ELEVATION .r •' 6 a l � Ga4Va0 RW�D xkrµ En G lE x Val F a m A k *4 F wcn e�r on n�r+ekwmruww.x � 3 SCHFMATIC FLOOR PLAN r.M-1 >Rw.n i! W4 a ro f--- • xve:g6exDn p � 4 CH8MATIC N. ELEVATION r -?-I e.o 0 16 r 9.iiIIE+ m SHF-FT Al DfiiE: IB -10.01 ..— 1RAI n c) 7Nn? N l 1 PflEF� EDB Eierieed N, plan for Bkenlermlal Palk CASE NO. ZA 01 -126 SHF-FT Al DfiiE: IB -10.01 ..— 1RAI n c) 7Nn? N l 1 SITE PLAN REVIEW SUMMARY Case No.: ZA01 -126 Revised Review No.: Three Date of Review: 02/01/02 Project Name: Revised Site Plan — Clock Tower at Bicentennial Park APPLICANT: City of Southlake 1400 Main Street Southlake, TX 76092 Phone: 817 - 481 -1585 ARCHITECT: RO Desian. Inc. 2233 Avenue J, Suite 105 Arlington, TX 76006 Phone: 817- 640 -8540 Fax: 817 - 481 -1594 Attn: Chris Carpenter Fax: 817 - 640 -8550 Attn: Richard Query CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/02 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 TARA BROOKS AT (817) 481 -2079. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Buffervards Y See Comment No. 1 Interior Landscape Y Complies Driveways Y Complies Lighting Y Complies Show, label and provide all bufferyards as required by ordinance. (Variance Requested, The applicant is requesting relief from providing any plantings except as they currently exist This is in compliance with the previously approved plan.) 2. The proposed tower is 100' tall. Ordinance 480, Section 33.5a, limits the height of this type structure to a maximum of 50'. Ordinance 480, Section 33.5b allows the City Council vary this requirement following a recommendation from the P & Z. (Variance Requested) 4. Change the title to "Revised Site Plan for Bicentennial Park." Label and dimension the drainage channel as a drainage easement. Case No. ZA 01 -126 Attachment D Page 1 City of Southlake 4; Community Services Mayor: January 31, 2002 Rick Stacy Mayer Pro rem: Planning and Zoning Commission W. Ralph Evans City of Southlake Deputy Mayor Pro Tem: Patsy DuPre Dear Chainnan and Commissioners: Councilmembers: Rex Potter Regarding ZA 01 -126, Revised Site Plan -- Clock Tower at Bicentennial Keith Shankland erfer Park, in which the City of Southlake is applying for a clock tower use at the Greg Standerfer Y Tom Stephen southern (F.M. 1709) entrance into the park, the City requests variances to City Manager. two items related to this use, per Site Plan Review Summary No. 3, dated Busy Campbell 02/01/02: Assistant City Manager: Shana Yehverton Item #1. Clty Secretary: "Show all required bufferyards as required by ordinance. No bufferyards are Sandra LeGrand shown on this plan." — The applicant requests relief from providing any plantings on the exterior property lines of the park except as they currently exist. This relief has been granted for all bufferyards required on park property in the past. Item #2. "The proposed tower is 100' tall. "CS" district regulations limit the height of all structures within this district to SO — The applicant requests a variance to the height requirement to properly construct a clock tower of landmark stature to serve as prominent entry feature into the park. At this height, the tower could also accomplish the dual purpose of housing interior telecommunications equipment for two carriers, if a separate SUP for that use is approved. Thank you for your consideration of this matter. Park Board and Staff believes that this project is a good opportunity to add a significant landmark feature to Bicentennial Park. (Reference attached Park Board minutes from 10/8/01 meeting.) Sincerely, Kevin Hugm Director of Co unity Services 400 N. White Chapel • Southlake, Texas 76092 (817) 481 -2374 • FAX (817) 481 -1594 parkrec @ ci.southlak.tx. us "AN EQUAL OPPORTUNITY EMPLOYER" Case No. ZA 01 -126 Attachment E Pagel I Master Plan at the time of the developers agreement with City Council. That escrow 2 amount would be calculated by the length of the trail times $31.00 per linear foot. The 3 exact length to be determined during the site planning and staff review phases yet to 4 come during the development of the two lots. 5 6 The applicant is currently under staff Development Review Committee review and will 7 soon be taking the plat forward for public hearings. The Park Board approved the 8 applicant's request during Consent Agenda, by a 7 -0 vote. 9 10 Agenda Item No. 5 -C, Facilities Utilization Agreement with the Southlake- Carroll 11 Lacrosse Association (SCLA) 12 13 This item was on the agenda for the Park Board to consider and make a recommendation 14 to City Council for the approval of the Facility Usage Agreement with the Southlake 15 Carroll Lacrosse Association (SCLA). 16 17 In general, the facilities utilization agreement addresses such issues as practice dates, 18 insurance requirements, hours of practice, field maintenance, and field requirements, etc. 19 This agreement also includes the general field requirements for SCLA use of the 20 Southlake Softball Complex (formerly known as Texas School of Baseball), fields 1 -3. 21 22 The Agreement was reviewed by the Southlake Carroll Lacrosse Association and SCLA 23 made no significant changes to this agreement. 24 25 The Park Board voted 7 -0 during the Consent Agenda to make a recommendation to City 26 Council to approve the Facility Utilization Agreement with the Southlake- Carroll 27 Lacrosse Association. 28 29 Agenda Item No. 5 -D, Proposal by Cingular Wireless for clock tower /entry feature with 30 enclosed telecommunications equipment in Bicentennial Park 31 32 This item was presented to the Park Board for their consideration of the proposed 33 location of the antenna and for direction prior to moving forward with a formal 34 development request. City Council will consider a lease agreement and Specific Use 35 Permit in the near future. See attached schematic and location map for proposed tower 36 location and design rendering. 37 38 The Community Services Department was approached by a consultant representing 39 Cingular Wireless about the proposed stand -alone telecommunications tower in the 40 southern sector of Bicentennial Park. Staff indicated to the consultant that the southern 41 end of the park is a main entry point and visible to travelers on FM 1709 and if any stand - 42 alone equipment were to be located there, it must be developed with a high level of 43 aesthetic appeal and should also probably serve a functional purpose for the park. 44 45 A SPIN meeting was advertised (200 notices were sent to neighbors all around the park) 46 and held on Thursday, October 4 at Town Hall. There were no citizens in attendance. October 8, 2001 Parks & Recreation Board Regular Meeting Page 5 of 16 Case No. ZA 01 -126 Attachment E Paget I And thus far, neither the staff SPIN contact nor Community Services department staff 2 have received any inquiries about the proposal. 3 4 The Park Board voted 7 -0 during Consent Agenda to approve the proposal by Cingular 5 Wireless for clock tower /entry feature with enclosed telecommunications equipment in 6 Bicentennial Park. 7 8 Any development request (construction) will require public hearings at the Planning and 9 Zoning Commission and City Council for a revised site plan for Bicentennial Park and a 10 specific use permit for the telecommunications use. 11 12 REGULAR AGENDA 13 14 Agenda Item No. 4, Public Forum 15 16 Chairman Miltenberger asked if anyone present would like to speak during the Public 17 Forum. 18 19 Laurie Starks, 307 Timber Lake Way, Southlake, Texas, president of NETT (Northeast 20 Tarrant Tennis), spoke extensively about the tennis center management, Agenda Item 5- 21 F, following Public Forum, and her comments are found under that item. 22 23 Public Forum was closed. 24 25 Agenda Item No. 5 -F, Proposed Guidelines for Proposals (RFP) for Tennis Center 26 management contract 27 28 Director of Community Services Kevin Hugman presented the Guidelines and explained 29 that input was needed from the Park Board on the composition of the proposed 30 Guidelines to take to City Council, which would assist in soliciting proposals from 31 prospective contractors for management of the Southlake Tennis Center. 32 33 The proposed FY 2001 -02 Budget included funding for the City to manage and operate 34 the Southlake Tennis Center. Staff proposed that a Tennis Center manager to oversee the 35 business operations and marketing, and the shop staff be City employees, with the 36 teaching professionals be contracted employees. The City Council expressed concern that 37 projected revenues were less than projected expenditures, resulting in an operating loss 38 for the City. Although the budget was approved as submitted, Council directed staff to 39 move towards another management agreement similar to the previous agreement. 40 41 The set of guidelines, developed by staff, delineate the Contractor's financial 42 responsibilities and the City's financial responsibilities. They will be used to develop a 43 Request for Proposals (RFP) from prospective contractors that will allow each RFP to be 44 submitted on the same basis of understanding. Proposals will be reviewed by staff and a 45 management agreement negotiated with the best suited contractor. The guidelines are a October 8, 2001 Parks & Recreation Board Regular Meeting Page 6 of 16 Case No. Attachment E ZA 01 -126 Page-3) Surrounding Property Owners Bicentennial Park aAN SABA 20 1 22 2 P24 Case No. ZA 01 -126 Attachment F Pagel Property Owner Zoning Land Use Description Acreage 1. KM Properties 1. SF -30 1. Low Density Residential 1. 9.54 2. M. Wayland 2. AG 2. Low Density Residential 2. 5.00 3. M. Benton 3. SF -lA 3. Low Density Residential 3. 1.79 4. M. Nichols 4. SF-IA 4. Low Density Residential 4. 1.79 5. F. Nathan 5. SF -lA 5. Low Density Residential 5. 1.76 6. J. Cambell 6. SF-IA 6. Low Density Residential 6. 1.00 7. J. Hardy 7. SF-IA 7. Low Density Residential 7. 1.91 8. J. Zitnik 8. SF -20A 8. Medium Density Residential 8. 0.69 9. E. Stefano 9. SF -20A 9. Medium Density Residential 9. 0.47 10. L. Jefferies 10. SF -20A 10. Medium Density Residential 10. 0.46 11. J. Crittendon 11. SF -20A 11. Medium Density Residential IL 0.46 12. A. Coon 12. SF -20A 12. Medium Density Residential 12. 0.46 13. V. Mediate 13. SF -20A 13. Medium Density Residential 13. 0.46 14. A. Ake 14. SF -20A 14. Medium Density Residential 14. 0.46 15. P. Smith 15. SF -20A 15. Medium Density Residential 15. 0.46 16. G. Jakson 16. SF -20A 16. Medium Density Residential 16. 0.46 17. D. Upshaw 17. SF -20A 17. Medium Density Residential 17. 0.47 18. R. Neisen 18. SF -20A 18. Medium Density Residential 18. 0.59 19. S. Raez 19. SF -IA 19. Low Density Residential 19. 1.00 20. D. Janes 20. SF -IA 20. Low Density Residential 20. 1.00 21. M. Garcia 21. SF -IA 21. Low Density Residential 21. 1.01 22. R. Harvey 22. SF -IA 22. Low Density Residential 22. 1.06 23. D. Mullman 23. SF -IA 23. Low Density Residential 23. 1.00 24. F. Adams 24. SF -IA 24. Low Density Residential 24. 1.00 25. EPIPD- Crossroads Square LP 25. SP2 25. Retail Commercial 25. 7.56 26. First American Savings Banc 26. SP2 26. Retail Commercial 26. 1.05 27. Wyndham Investment Prop Inc. 27. SP2 27. Retail Commercial 27. 0.97 28. GTE Southwest 28. CS 28. Pubic /Semi Public 28. 0.35 29. A. Pardue 29. C2 29. Retail Commercial 29. 1.35 30. Sandler Southlake Ltd. 30. C2 30. Retail Commercial 30. 0.98 31. Southlake Oaks Phase I Inv 31. C2 31. Retail Commercial 31. 2.29 32. Southlake Four Investment 32. AG 32. Low Density Residential 32. 2.98 33. Fountain Five Zero Two Tr 33. AG 33. Low Density Residential 33. 18.9 34. W. Evans 34. AG 34. Medium Density Residential 34. 12.8 35. E. Evans 35. AG 35. Medium Density Residential 35. 1.71 36. R. Owens 36. SF -IA 36. Low Density Residential 36. 1.13 37. R. Owens 37. SF -IA 37. Low Density Residential 37. 1.00 38. KM Properties 38. SF-IA 38. Low Density Residential 38. 1.41 39. Dana's School of Dance 39. C2 39. Medium Density Residential 39. 1.43 40. R. Reutlinger 40. C2 40. Office Commercial/Med. Resident. 40. 13.8 41. Clardy- Ruffner 41. C2 41. Office Commercial 41. 0.88 42. G. Letcher 42. 01 42. Office Commercial 42. 13.1 Case No. Attachment F ZA 01 -126 Paget Surrounding Property Owner Responses Bicentennial Park Notices Sent: Thirty -six (36) Responses: Two (2) responses received within the 200' notification area: • Christine Mediate, 220 Green Oaks Ln., Southlake, TX., is opposed. (Received February 5, 2002) • Mitchell Bowman, 200 Green Oaks Ln., Southlake, TX., is opposed. (Received February 5, 2002) Case No. Attachment G ZA 01 -126 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -390 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 ASLOT 2R2, L.B.G. HALL NO. 686 ADDITION, AND TRACTS 1, 113, 1C1, IC2, IC3, IE, 2A1, 2A2, 213, 2131, 3C1A, 3C, 3D, 3D1, 3D1A, AND 3D6, SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, AND BEING 74.754 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT REGULATIONS WITH "CS" COMMUNITY SERVICE DISTRICT USESTO "CS" COMMUNITY SERVICE DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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 Case No. Attachment H ZA 01 -126 Page 1 general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -1" Detailed Site Plan District Regulations with "CS" Community Service District uses 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 Case No. Attachment H ZA 01 -126 Page 2 to conserve the value of the buildings, and encourage the most appropriate use ofthe 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, 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. Case No. Attachment H ZA 01 -126 Page 3 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 Lot 2R2, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5299 and 5300, Plat Records, Tarrant County, Texas, and Tracts 1, 1B, 1C1, 1C2, 1C3, lE, 2A1, 2A2, 2B, 2B1, 3C1A, 3C, 3D, 3D1, 3D1A, and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being 74.754 acres, and more fully and completely described in Exhibit "A" from "S -P -l" Detailed Site Plan District Regulations with "CS" Community Service District uses to "CS" Community Service District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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 Case No. Attachment H ZA 01 -126 Page 4 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 frill 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 ifthe 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. Case No. Attachment H ZA 01 -126 Page 5 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 ten (10) 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 firll force and effect from and after its passage and publication as required by law, and it is so ordained. Case No. Attachment H ZA 01 -126 Page 6 PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA 01 -126 Attachment H Page 7 EXHIBIT "A" Lot 2R2, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5299 and 5300, Plat Records, Tarrant County, Texas, and Tracts 1, 113, 1C1, 1C2, 1C3, IE, 2A1, 2A2,213, 2131, 3C1A, 3C, 31), 3D1, 3D1A, and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being 74.754 acres. Case No. ZA 01 -126 Attachment H Page 8 EXHIBIT "A" PROPERTY DESCRIPTION: Being severer tracts of land situated in the L.B.G. Hall Survey, Abstract 686, and also being a portion of Lot 2, L.B.G. Halt Addition, to the City of Southlake, as recorded in Cabinet A, Slide 1218, Plat Records, Tarrant County, Texas (PRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of Lot 2, Block 1, First American Savings Banc Addition to the City of Southlake, as recorded in Cabinet A, Slide 1325, PRTCT, said point also being in a curve to the right in the north right -of -way line Of West Southlake Boulevard (FM 17091.said curve to the right having a radius of 5659.58 feet and a central angle of 03 deg 46 min 40 sac, with a long chord bearing S84G34'12 "W, a distance of 373,09 feet; THENCE southwesterly along said right -of -way curve an arc length of 373.16 feet to a point for the southeast corner of Woodland Hills RSU Addition to the City of Southlake, as recorded in Cabinet A, Slide 808, PRTCT; THENCE N 00 ° 00'39 "W, along the east tine of said Woodland Hill Addition a distance of 143.99 feet, to a point for its northeast corner; THENCE N 87 °24'49 "W, along the north line of said Woodland Hill Addition a distance of 143.99 feet, to a point for its northeast corner; THENCE N 06°00'39 "W, along the east line of a tract of land by deed to Arch Purdue as recorded in volume 12651, Page 152, DRTCT, a distance of 68.76 feet, to a Point for its northeast corner; THENCE N 87 0 24'49 "W, along the north line of said Purdue tract, a distance of 271.58 feet, to a point for its northwest corner, said point being at the beginning of a curve to the right having a radius of 380.00 feet and a central angle of 19 deg 24 min 14 sec, with a long chord bearing SC9 °53'02 "E, a distance of 128.08 feet; THENCE southerly, along said curve to the right, an are length of 128.69 feet to a point for corner in the west line of said Purdue tract; THENCE S 01 o10'55' E. a distance of 106.66 feet, to a point for corner in the north right -of -way line of Southlake Boulevard (F.M. 1709y; THENCE S 87°37'01" W, along said north right -of -way line of F.M. 1709 a distance of 112.33 feet, to a point for the southeast corner of Lot 2, Block T,Seuthlake Oaks Addition to the City of Southlake, as recorded in Cabinet A, Slide 3231, PRTCT; THENCE N OOG10'55" W, a distance of 101.76 feet, to a point for the beginning of a curve to the left having a radius of 270.00 feet and a central angle of 22 deg 56 min 13 sec, with a long chord bearing N11 0 39'00 "W, a distance of 107.37 feet; THENCE northerly, along said curve to the left, an arc length of 108.09 feet to a point for the northeast corner said Lot 2; THENCE N 87 4 24'52 "W, along the north line of said Lot 2 and Lot 1, and continuing a distance of 780.42 feet, to a point for the southwest corner of a tract of land by deed to the City of Southlake as recorded in Volume 11618 , Page 1326, DRTCT; THENCE N 04°10'37" W, a distance of 274.34 feet, to a point for the northwest corner of said tract of land by deed to the City of Southlaka as recorded in Volume 11618 , Page 1326, DRTCT; THENCE S 89 E, a distance of 714.41 feet, to a point for the southwest corner of a tract of land by deed to the City of Southlake as recorded in Volume 11438 , Page 2287, DRTCT; BCD G z�j -(ZC 1 Case No. ZA 01 -126 Attachment H Page 9 EXHIBIT "A" THENCE N 00 °10'56" W, a distance of 1185.42 feet, to a point for the northwest corner of said tract of land by deed to the City of Southlake as recorded in Volume 11438 , Page 1325, DRTCT; THENCE S 89 "08" E, a distance of 579.33 feet, to a point for the northeast corner of said tract of land by deed to the City of Southlake as recorded in Volume 11438 , Page 1326, DRTCT; THENCE North, a distance of 22.73 feet, to a point for the southwest corner of Lot 20, Oak Hill Estates Adition to the City of Southlake as recorded in Cabinet A, Slide 683, PRTCT; THENCE S 89° 1010' E, a distance of 1303.14 feet, to a point for the northeast corner of a tract of land by deed to the City of Southlake as recorded In Volume 4928 , Page 733, DRTCT, said point being in the west right -of -way line of North White Chapel Boulevard; THENCE S 01 °22'40" W, along said west right -of -way line a distance of 805.58 feet, to a point for the northeast corner of a tract of land by deed to EPIPD- Crossroads Square as recorded in Volume 13749 , Page 82, DRTCT, THENCE N 89 1 48'11" W, a distance of 518.15 feet, to a paint for the northwest corner of said tract of land by dead to EPIPO- Crossroads Square as recorded in Volume 13749, Page 82, DRTCT; THENCE S 01'10'23" W, a distance of 99.53 feet, to a point for the southwest corner of said EPIPO- Crossroads Square tract; THENCE N 89 ° 54'33" W, a distance of 22.79 feet, to a point for the northeast corner of a tract of land by deed to the City of Southlake as recorded in Volume 13749, Page 81, DRTCT; THENCE S 00 1 04'36" E. a distance of 184.14 feet, to a point for corner in the north line of a of land by deed to the City of Southlake as recorded in Volume 13731, Page 23, DRTCT; THENCE N 89 °28'01" E, a distance of 25.27 feet, to a point for the northwest corner of said tract of land by deed to the City of Southlake as recorded in Volume 13731, Page 23, DRTCT, said point being in the west line of Lot 2, L.B.G, Hal[ Addition to the City of Southlake, as recorded in Cabinet A, Slide 1216, PRTCT; THENCE S 01 °11'27" E, a distance of 314.83 feet, to a point for the southeast corner of a said tract of land by deed to the City of Southlake as recorded in Volume 13731, Page 23, DRTCT, said point also being the northeast corner of Lot 1, Block 1, First American Savings Banc Addition to the City of Southlake, as recorded in Cabinet A, Slide 1325, PRTCT; THENCE N 89 °51'43" W, along said First American Savings Banc Addition, a distance of 390.55 feet to a point for Its northwest corner; THENCE S 00 °41'30" W, a distance of 250.24 feet, to the POINT OF BEGINNING, and containing 61.61 acres of land, more or less. F %%WCROta 19e,R194iPROPe_0E9C..Pd - —0-9 RECD C'T 2 9 2001 7A6 f- 2 (- Case No. Attachment H ZA 01 -126 Page 10 EXHIBIT "B" Case No. Attachment H ZA 01 -126 Page 11 Llslrrtaan E eW, C nnEL s[vlvEr a ra, sas wl� C �x.m D.tXhAt aRlV6 T -- — 1 ` nrl : IIHI 911 11& , IyI i°IAjP'" rz ,ms l N O ' RI FWRY zmrtoaps .o, . p er . f .. 'I o s .» tl• W I ur fa ° \ .or P I-,� OEOItlATN3N y, Lw C1 ...f.ram ae - rya Hae•iano•e- oeo.aa �� 1__ [ -- - -JI '^ aa+we ® seed t v I x ING nuc :ed a✓ , - s � E NIEMW -sale ' l�, a arm s �: ^"s� I� II ✓ nmTfnl( -7 � 0 PROPOSED Y4 1 E - -J ENTRKROAO I I - I1 �l f n R NaA` LOT tars I �,� s o � i rs`a I iE 6. .rx E %ISTM MCNOPOL 4 LIGHT TOWER .eayd YELECCMWJNICAT10 (TOWER �sa.l za rvea�2tse'1= -aa�aa 1 I s w — I _ Ir{� - - -- 3 _ - ( I v I/N BB'2Bbi E 2521 PROPOSEO CLOCK TOWER LOCATION P.359 AGRE9 F NION{AF WAY aoa SP•FT. f10{PRIN{ C/ �riTil i CICA�iIClN INTERION LANOSCARING a I+ �x ca+snnws scue em TD AE PAAYNOEO I 1 FCA I04 SOFT• 1 Q l� 1 e' NIGH N9CN {ACE 1- GANCPY TREE �`n�� LMT! SCREENING WL uoaa 12 SH ER5TORY TREE I2 SNAORS LI IS OROCNO COYER �,�� swi rysRAx� p p P 27. SEASON AL COYER O CONCRETE StVEVALX HaMT4F"71 se— F I I I x l NSAV W -WITa '-02saroee -12 .iP � Y mne c A.zzsela• c� .rr�r L 100.09 4 swrn.we vans LCB. rv11'36Cil'W ' 9 G t6e�4 A' f ° IHF�` Lo =IOTAr III a saaLU - stl� - - -- -- L ,20W _ LCe- sGssaar•M I v Ar srx ,2. X20. "' DDUiI?PAWC W lol.rs M4 r P UTP{`A40 ILAXIS ` I � SURVEYOR- ENO2NEER E[ 8 APPLICbMT UEVELMER 1 , ° 4 �� •e L .e r Z I i F I - e.fxnN d f Elsv .F 5 Cl�icrll o4 l TI ran r m e E 20a ,eoo a. x ee tours °woc „ ouE� umfne mp... r �c +^nr e�iSeB 60 at+xEes[ st EA5 [ na Ir ' MM � I u LNr o°"sa°on . ffi e.u¢cxcsr I §.. V""" ..�. n.EK,la i ,. ,. uuu ., �.� N W �AY h �DUREV,�idD SITE PLAN FOR A CLOCK TOWER AT BICENTENNIAL PARK L ®IIR ie ?s9 a[eA i E un i; aE -1 .e iao °s EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment H ZA 01 -126 Page 13