HomeMy WebLinkAboutOrdinance No. 18-015 amend Specific Use Permit 89 to extend the existing noise abatement wall into the required front yard of 4056 DruidORDINANCE NO. 18-015
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, BY AMENDING SPECIFIC USE PERMIT NO.
89 FOR A NOISE ABATEMENT SCREENING WALL AT 4056 DRUID LANE, A TRACT
OF LAND MORE PARTICULARLY DESCRIBED AS LOT 12, BLOCK 2, UNIVERSITY
PARK ESTATES, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS
COUNTY, TEXAS (THE "PROPERTY"); APPROVING AN AMENDED SITE PLAN FOR
SUP 89 ATTACHED AS EXHIBIT A; PROVIDING SPECIAL CONDITIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property is used for a single-family dwelling and abuts a high traffic
thoroughfare, Preston Road; and
WHEREAS, additional wall or fence height and length may be permitted for screening of
noise and visual clutter from property abutting high traffic thoroughfares, in accordance with
Section 16-103 of the zoning ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of University Park and the
City Council of the City of University Park, in compliance with the laws of the State of Texas with
reference to the granting of zoning classifications and changes, have given the requisite notices by
publication and otherwise, and have held due hearings and afforded a full and fair hearing to all
property owners generally and to all persons interested and situated in the affected area and in the
vicinity thereof, and the City Council of the City ofUniversity Park is of the opinion and finds that
a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should
be amended; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That the premises hereof are found to be true and correct. The
Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore
amended, are hereby amended by amending Specific Use Permit No. 89 (SUP 89) for 4056 Druid
Lane, a tract of land described as Lot 12, Block 2, University Park Estates, an addition to the City
of University Park, Dallas County, Texas, and adopting a Site Plan setting forth the land uses
proposed for the property, attached hereto as Exhibit "A" and made a part hereof for all purposes,
the same as if fully copied herein. That such Site Plan depicts an 8' stucco wall with a stone cap
on the west side of the property abutting Preston Road, and by this ordinance amending SUP 89,
the existing stucco wall may be extended an additional46'8" along the west side of the property.
SECTION 2. Approval of the amendment of SUP 89 and the amended Site Plan is subject
to the following special conditions:
A. This amendment to SUP 89 is to authorize erection of an extension of the existing
8' stucco wall with stone cap and columns into the required front yard of the property by 38',
stepping down to 6' in height plus column for the last 11 '8";
B. The extension of the wall does not violate the conditions of Section 16-103 (3) of
the zoning ordinance.
C. That the amendment of this SUP does not affect the underlying single-family
zoning (SF-1) ofthe property.
SECTION 3. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are
hereby repealed.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance or any part or provision hereof other than the part decided to
be invalid, illegal or unconstitutional, and the same shall not affect the validity of the
Comprehensive Zoning Ordinance.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject
to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of
University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine
not to exceed the sum of two thousand dollars ($2,000,00) for each offense, and each and every
day such a violation is continued shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day
of March 2018.
[SIGNATURE PAGE FOLLOWS]
APPROVED:
OLIN B. LANE, MAYO
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
CITY ATTORNEY (RLD/02-14-8/96192)
EXHIBIT A
ORDINANCE NO. 18-015
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, BY AMENDING SPECIFIC USE PERMIT NO.
89 FOR A NOISE ABATEMENT SCREENING WALL AT 4056 DRUID LANE, A TRACT
OF LAND MORE PARTICULARLY DESCRIBED AS LOT 12, BLOCK 2, UNIVERSITY
PARK ESTATES, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS
COUNTY, TEXAS {THE "PROPERTY"); APPROVING AN AMENDED SITE PLAN FOR
SUP 89 ATTACHED AS EXHIBIT A; PROVIDING SPECIAL CONDITIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Duly passed by the City Council ofthe City of University Park, Texas, on the 20th day of March,
2018.
APPROVED:
OLIN B. LANE, MAYOR
ATTEST:
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CHRISTINE GREEN, CITY SECRETARY