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480-321CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-321 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 LOTS 1 AND 2, BLOCK 1, ST. MARTIN-IN-THE-FIELDS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 1346, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 11.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES 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 Page 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 "CS" Community Service 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 WltEREAS, 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 N:/COMMUNITY DEVELOPMEbFf~WP-FILES\ZBA\PENDING/480-321 .DOC Page 2 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, WHEREAS, the City Council of the City of Southlake, Texas, does fmd 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: N:\COMMUNITY DEVELOPMENT~WP FILES\ZBA\PENDING\480-321.DOC Page 3 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 Lots 1 and 2, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 11.8 acres, and more fully and completely described in Exhibit "A" from "CS" Community Service District to "S-P-2" Generalized Site Plan District with "CS" Community Service District uses as depicted on the approved Concept 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 affu'med. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be N:\COMMUNITY DEVELOPMENTXWP-l:ILES\ZBAIPENDiNG/480-321 .DOC Page 5 fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least 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 full force and effect from and after its passage and publication as required by law, and it is so ordained. Nr\COMM[1NITY DEVELOPMENT~WP-FILES\Z~A\PENDING/480-32 LDOC Page 6 PASSED AND APPROVED on the 1st reading the fl~day of ~/~ 2000. ~° .......... :~ ~ ATTEST: · '~ '~','" CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 7 day of ~000. MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EFFECTIVE: N '~COMMUNITY DEVELOPMENT~WP-FILES/ZBA\PENDlNG\480-32 I.DOC Page 7 EXHIBIT "A" Lots 1 and 2, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 11.8 acres. N:\COMMUNITY DEVELOPMENT~WP-FILES/ZI~ A\ PEN DI N G\480-321 .DOC Page 8 EXHIBIT "B" g ~ NOV g '~ 1999 N:XCOMMUNITY DEVELOPMENT~Wp FILES\ZBA\PENDINGX480 321.DOC Page 9 EXHIBIT "B" 1.I "S-P-2" SITE PLAN DISTRICT REGLrLATION~ St. Martin in-the-Fields Episcopal Church November 22, 1999 PURPOSE AND INTENT. The S-P-2 Site Plan Disffict is utilized to permit flexibility of area regulations while restricting usages. The basic land use district is the "CS" Community Service District. The land area of the St. Martin in-the-Fields Episcopal Church is I 1 acres. 1.2 PEP, MI l 1 ED USES: 1.3 a.) Public, semi-public and parochial/private kindergartens, elementmT and secondary schools whose cun/cula satisfy the requirements of the State Public School Laws and the regulations of the State Deparanent of Education. b.) Religious institutions: churches and facilities for worship, fellowship, and education. c.) Community centers: centers utilized for Boy Scout meetings, Girl Scout meetings, and similar community functions. Van storage: fully enclosed garages for the storage of Church vehicles, not to exceed (4) vehicles or 10% of community center structure. e.) Office or administxarive areas and activities supportive of the permitted principal uses. f.) A~ce~sory buildings enclosing equipment or activities in conjunct on with the permitted principal uses. No accessory use shall be construed to permit the keeping of artleles or materials in the open or outside the building. g.) Indoor & outdoor fundraising activities. h.) Memorial Garden with columbarium in accordance with State Law not to be expanded to within ninety (90) feet of residential zoning. DEVELOPMENT REGULATIONS. In this disthct, the following development regulations shall be applicable: a.) Height: No building or structure shall exceed two and one-half(2- ¼ ) stories, nor shall it exceed thirty-five (35) feet with the exception of the sanctuary and the bell tower. The sanctuary shall not exceed sixty-five (65) feet and shall not be positioned within one hundred and seventy-five (175) feet of a property line. The bell tower shall not exceed one hundred (100) feet to the highest point and shall not be positioned within 200' of any property line. b.) Front Yard: There shall be a front yard of not less than thirty (30) feet. c.) Side Yard: There shall he a side yard of not less than fifteen (15) feet except where the lot abuts property zoned as single family residential there shall be a side yard of not less than twenty-five (25) feet. d.) Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e.) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50) percent of the lot area. f.) Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five (65) percent of the total lot area. However, if the following criteria is met, up to, but not exceeding, an additional 5% of impervious coverage shall he permitted: for each additional one percent (1%) of impervious coverage provided, an additional two (2) feet of width of the required buffaryard(s) adjacent to any sWeet(s) and an additional 1 foot ?width to the required side and rear bufferyards shall be added to the site. This reqmrement may also be satisfied by providing an equivalent mount of land area in the fxont or sides of the site (exclusive of the bufferyasd areas) either by increasing the number and/or size of parking islands, by preserving natural groves of trees, by enhancing natural drainage area, etc. Any alternative means shall be required to have the C'D NOV g g 1999 N:/COMMUNITY DEVELOPM EN~WP-FlLES\ZBA\P£NDING/480-321 DOC Page l0 EXHIBIT "B" g.) approval of the Landscape Administrator to ensure that the proposal is practical and will crthancc thc survivability of existing trees on the site. Any new cons~ructinn within this district shall bc required to comply with Ordinance No. 557 (Requirements for Masonry Consnmction) for building facades that face any right-of- 1.4 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITH1N ONE HUNDRED (100} FEET OF SINGLE FAMILy RESIDENTIAL PROPERTY TO THE NORTH AND EAST ONLY - In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part I11, ResidentialAdjacency Standards, shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning distxict, the more stringent requirements shall apply. The Southern property line shall be considered exempt from this requirement since it abuts a public park and a commercially zoned property. 1.5 1.6 SCREENING STANDARDS - The following development regulations shall supercede any requirements set forth in Section 39 of this ordinance: a.) b.) c,) A six (6) foot wood fence shall be constructed along the North propen'y line. No fences or screening devices shall be required along the eastern properly line. No fences or screening devices shall be required along the southern property line. BUFFERYARDS - Bufferyards shall be required in accordance with this document as specified in Section 42 of the City of Southlake Zoning Ordinance with the following exceptions and as noted in the Bufferyard Chart on the Concept Plan: a,) b.) A forty (40) foot wide bufferyard shall be required along the east property line with no required plantings. No bufferyard shall be required along the southeast properly line as shown in the bufferyard chart. 1.8 ].9 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submined with a request for zoning to a S-P-2 District. All properties zoned at the effective date of this ordinance, which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to a submlt~al of a site plan. The Concegn Plan shall be processed in accordance with this ordinance and state law for changes in zoning. EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the S-P-2 (Generalized) Site Plan District. This site plan shall be prepared and submitted in accordance with Section 40 of this ordinance. Approval of this site plan shall be the authority of the City Council upon a recommendation by the Planning and Zoning Commission. VARIANCES - The Board of Adjustment may grant variances of up to, but not exceeding, ten percent (10%) of any required setback or lot coverage requirement established by the City Council in the specific S-P-2 regulations at the time of zoning of said Site Plan District. This approval shall be per the requirements set forth in Section 44.30o) of the Zoning Ordinance. N:/COMMUNITY DEVELOPMENTXWP-FILES\ZBA\PEN DING145c~321 DOC Page 11 EXHIBIT "C" REGULAR PLANNING AND ZONING COMMISSION MEETING January 6, 2000 Motion was made to approve ZA 99-108 subject to Concept Plan Review Smmmry No. 3, dated December 3, 1999, deleting Items #2.a.1 (cemetary use required to be no less than 500' from any residence and shall be enclosed in a fence); #2.d.1 (screening on east and southeast); and #3 (bufferyard requirements); and Vice-Chairman Peebles said he is not opposed to the variances requested for Items #2.b. 1, #2.c. 1, and #2.e but he would just like to see them at the Site Plan stage. Motion: Second: Ayes: Nays: Approved: Peebles Sandlin Sandlin, Boutte, Peebles, Shankland, King, Home, Creighton None 7-0 Motion carried. Regarding the last motion, City Attorney Debra Drayovitch said it is her understanding the Commission intends to reserve the right to grant variances to Items #2.b. 1, #2.c. 1, and #2.e and that would be incorporated into the actual "S-P-2" zoning. (Planning and Zoning Commission meeting, 01-06-00, tape 1, section #1124) N:\COMMUNITY DEVELOPMENT~WP-FILES\ORDiNANCES\CASES\480-321 DOC Page 12 EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTItLAKE, TEXAS FEBRUARY 15, 2000 MINUTES Motion was made to approve ZA 99-108, lst Reading, for rezoning and Revised Concept Plan, subject to the Staff Review Summary No. 4, dated February 11, 2000, and accepting the recommendation of the Planning and Zoning Commission. Motion: Kendall Second: DuPre Ayes: Kendall, DuPre, Edmondson, Potter, Fawks, and Stacy Nays: None Approved: 6-0 vote N:/COMMUNITY DEVELOPMENTXWP FILES\ORDINANCES\CASES\480-321.DOC Page 13 EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 MARCH 7, 2000 MINUTES Motion was made to approve Ordinance No. 480-321, 2nd Reading, subject to the Concept Plan Review Summary No. 4, dated February 11, 2000; incorporating the prior motion of the City Council and accepting the recommendation of the Planning and Zoning Commission. Motion: DuPre Second: Kendall Ayes: DuPre, Kendall, Moffat, Edmondson, Potter, Fawks, and Stacy Nays: None Approved: 7-0 vote N:ICOMMUNITY DEVELOPMENT/WP-FILES\ORDINANCES\CASES/480-321 DOC Page 1~. City of Southlake, Texas Tract Map ZA99-108 0.5 0.5 1 Miles City of Southlake, Texas Surrounding Property Owners ZA99-108 Property Owner 1. Pulte Homes of North Texas, LP 2. L. Akard 3. R. Travis 4. Eagle Contracting Corp. 5. R. Snow Zoning 1. "NR-PUD" 2. "C-2" 3. "AG" 4. "AG" 5. "S-P-I" Land Use Designation 1. Low Density Residential/ Retail Commercial 2. Retail Commercial 3. Low Density Residential 4. Mixed Use 5. Mixed Use N5 ,~unity Development\WP-FILES\NOTICE\99Exhibits\99108zcp.doc INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 168368591 FORT WORTH,TX 76102 Invoice Date: 3/10/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16836859 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/10/00 Description Location Col Depth Linage MU Rate Amount CITY OF SOIITHT.AKF. RDIN I358 1 89 89 LINE $5.79 $515.31 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-321 Sales Discoui AN NR ORDINANCE CEN A ENDINGG ($443.22) ANCAMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING OR TRACTS CERTAIN- TRACTF LAND Net Amount: $72.09 WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS LOTS 1 AND 2 BLOCK 1, ST. MARTIN-IN-THE FIELDS ADDI- TION,AN ADDITION TO THE CITY OF SOUTHLAKE TAR- CORDING TOYTHERANT CO _, EPLXAAT RE- CORDED IN CABINET A SLIDE 1346 PLAT RECORDS,, EXATAND BEING AP- PROXIMATELY 11.8 ACRES, AND MORE fULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT"A"FROM"CS"COMMU- NITY SERVICE DISTRICT TO S-P-2" GENERALIZED SITE PLAN DISTRICT WITH 'CS" COMMUNITY SERVICE DIS- TRICT USES AS DEPICTED ON THE APPROVED CON- CEPT PLAN ATTACHED HERETO AND INCORPORAT- THE STATE EDSUBJECT TO THE SPECIFIIC County of Ti REQUIREMENTS CON- TAINED IN THIS ORDI-, NANCE; CORRECTING THE Before me,a OFFICIAL ALNI NOTHEP,PRE OE:said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, pt TIONANS OF THE ZONING NNG ORDI-DETERMINING am, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clip THAA? THE LS PUBLICLD INTER--was published in the above named paper on the listed dates: AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN *_�� E MAD PROVIDING THAT Via" THIS ORDINANCE SHALL BE SUBSCRIBE( CNANCESTPROVIDING A SEDVI-JRE ME,THIS Tuesday,March 2000. ERABILITY CLAUSE PROVID- ING FOR A PENALTY FOR VI- OLATIONSRI A HEREOF; FS Notary Public CLAUSE; PROVIDING FOR — — — = PUBLICATION IN THE OFFI- CIAL NEWSPAPER,AND PRO- _ DAWN M. KUYKEND VIDING AN EFFECTIVE DATE. -— , SECTION 7. '; COMMISSION EXPIRES Any person, firm or corpora- 4111o. , tion who violates, disobeys,i -�t.;,,.• SEPTEMBER 19,2003 r omits, neglects or refuses , Thank Yol to comply with or who re- ent --- - - - - - sists the enforcement of any of the provisions of this ordi- nance shall be fined not ,v. more than Two Thousand Dollars ($2,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. ReY mit To.PASSED CITY COUNCIL APPROVED THE Customer ID: CIT57 CITY OF SOUTHLAKE, TEX- AS, ON THIS THE 7TH DAY.I OF MARCH Customer Name: CITY OF SOUTHLAKE MAYOR RICK 2O00. STACYATTEST: SAND RA L.LEGRAND, TX 76101-2051 Invoice Number: 168368591 CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., Invoice Amount: $72.09 CITY ATTORNEY PO Number: Amount Enclosed: 1$