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480-424OFFlUk RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-424 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 LOT 13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN WITH "0-1" OFFICE DISTRICT USES INCLUDING A PERSONAL CARE FACILITY FOR ALZHEIMER'S PATIENTS TO 6 'S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE 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 Page 1 WHEREAS, the hereinafter described property is currently zoned as "S -P -1" Detailed Site Plan with "O -1" Office District uses including a personal care facility for Alzheimer's patients 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 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 Page 2 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. 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: Page 3 Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres, and more fully and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan with "O -1" Office District uses including a personal care facility for Alzheimer's patients to "S- P -1" Detailed Site Plan District with "0-1" Office District uses 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 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 Page 4 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. 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. Page 5 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. 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 2 nd day of September, 2003. 91AYOR ATTEST: uTHLA ''•. 50 •....... •. '•% A O . _>.• . .fn CITY SECRETARY Page 6 PASSED AND APPROVED on the 2nd reading the 16' day of September, 2003. MAYOR ATTEST: Av- CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: 9- Ili '03 EFFECTIVE: q' 19 , 65 :E.; • � t 11111 Page 7 EXHIBIT "A" Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres. Page 8 EXHIBIT `B" �i+ ! d � Yj Yase...C: C. Ff3 ! Y } �SSSSy Fo a � o LL _ r cr 7 I! , 4 ii s� i � e i Yj Yase...C: s I ]s Y. ! Y } �SSSSy a Page 9 WTHTE CHAPEL PLAZA OFFICE PARK PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS FOR S -P -1 ZONING Permitted Lases This site shall permit all "01" Office District uses according to the Comprehensive Zoning Ordinance No. 480, Section 18, as amended. Accessory Uses In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Regulations This site shall adhere to the development regulations of Section 18, the "O -1" Office District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: Setbacks along the perimeter site boundary, as shown on the Site Plan. Maximum Impervious Coverage The maximum impervious coverage shall not exceed sixty -five and 1/10 percent (65.1 %) of the total lot area. RECD S E P 0 8 2003 Page 10 EXHIBIT "C" City of Southlake CITY COUNCIL MEETING MINUTES September 16, 2003 Motion was made to approve Ordinance No. 480 -424, 2nd Reading, subject to the Site Plan Review Summary No. 6, dated September 10, 2003, granting the variance to review comment No. 1 for driveway spacing; and requiring that if the property is subdivided, an owners association must be created and deed restrictions filed instituting a maintenance fee and assessment for any private access roads; fire lanes must be constructed to public street standards and inspected by the City with all applicable inspection fees collected; and the stone and brick for the wall must be of the same quality and type used on the buildings. Motion: Stephen Second: Standerfer Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Page 11 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -034 Revised Review No.: Six Date of Review: 09/10/03 Project Name: Site Plan — White Chapel Court APPLICANT: The T.S. Horton Group, Inc. Trent Horton 700 N. Carroll Ave, Suite 120 Southlake, TX 76092 Phone: (214) 536 -8211 Fax: ENGINEER: LandCon Ed Childress 2501 Parkview Dr., Suite 200 Fort Worth, TX 76102 Phone: (817) 335 -5065 Fax: (817) 335 -5067 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/05/03 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 BEN BRYNER AT (817) 481 -2086. General Development Standards Applies Comments Corridor Overlay Regulations N/A N/A Residential Adjacency Y Proposing a 30' south building line Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Proposing a maximum impervious coverage of 65.1% Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 1 Lighting Y Must Comply With Outdoor Lighting Ordinance No. 639 -B Provide the required driveway spacing between the proposed drive and the nearest existing drive to the south. Driveway spacing for full access drives is required to be 250' from C.L. to C.L. along an arterial street. (A variance is being requested.) 2. Label the height of the retaining wall. INFORMATIONAL COMMENTS * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. An access easement recorded with Tarrant County must be provided for the off -site driveway access easement prior to issuance of a building permit. Page 12 * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Page 13 >KNIGHT RIDDER> Star-Telegram INVOICE Star-Telegram Customer ID: C1T57 400 W. 7th Street Invoice Number: 232290671 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 09/19/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 09/30/2003 Bill To: PO Number: - CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23229067 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 09/19/2003 Descr ptllon Location ! Col �th Linage Mtn Rate Amount CITY OF SOUTHLAK CITY OF 13580 1 115 115 LINE $0.00 SOUTHLAKE ORDINANCE NO. 480-424 Misc Fee AN ORDINANCE $93.15 AMENDING ORDI- NANCE NO. 480 AS AMENDECOMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS;ING CHANGE Net Amount: $93.15 ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- r AS BEING'LEGALLY f.. -- --- - -- DESCRIBED AS LOT — �;1 13, T.M. HOOD NO. iC 1Jl lE 706 ADDITION BE- - = J ING APPROXI- ACRES AND MORE �^` FULLY AND COM- PLETELY DE- - 2003 SCRIBED IN EXHIBIT A" FROM "S-P-1" DETAILED SITE PLAN WITH '0-1' OFFICE DISTRICT USES INCLUDING A OFFICE OF CITY SECRETARY PERSONAL CARE FACILITY FOR ALZHEIMER'S PA- TIENTS TO "S-P-1" THE STATE OF TEXAS DETAILED SITE Countyof Tarrant PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AS DEPICTED ON 'THE Before me,a NotaryPubi PLAN SITE day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator APPROVED ATTACHED and State,this for the Star-Telegram, pu ' HETO AND IN- C -RE R P o R A T E D am, Inc.at Fort Worth, in Tarrant County, Texas; and who, after beinrduly sworn, did depose and say that the attached clipping HEREIN AS EXHIBIT B SUBJECT TO published in the above named paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM (817) 390-7182. THE SPECIFIC RE-' QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OF- Signed �0/ V�,( /'')/ FICIAL ZONING MAP; PRESERVING SUBSCRIBED AND SWO ALL OTHER T H HIS Monday, Sep m er 9, 2003. ZONING ORDI- NANCE; DETER- • / (`/'j//ll MINING THAT THE PUBLIC INNDRE N- Notary Public ERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS RE i1---q CHRISTI'L.HOLLAND HEREIN MADE a ��o; PROVIDING THAN Thank You For Yc THIS ORDINANCE ='I `! My COMMISSION EXPIRES SHALL BE CUMU- ,,` .' ®, ... LATIVE OF ALL ORDINANCES:. * JUL Y-3-1r2004_m _ _ PROVIDING A SEV- --'--- •-r-- EPROV D BILITY PROVIDING FORCLASE; A PENALTY FOR VIO- LATIONS HEREOF; A Remit To: Star-Tel NGSVIDIN CLLUSE_PROVIDING FOR Customer ID: CIT57 PUBLICATION IN P.O. BO. THE OFFICIAL Customer Name: CITY OF SOUTHLAKE NEWSPAPER; AND PROVIDING AN EF- FORT V FECTIVE lNDATE. 5101-2051 Invoice Number: 232290671 Any person, firm or corporation who Invoice Amount: $93.15 neglects or refuses to g ay with or who PO Number: resists the enforce- ment of any of the provisions of this or- Amount Enclosed: $ dinance 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 consti- tute a separate of- fense. I oAcccn ANTI AP- INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 231484391 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/31/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23148439 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/31/03 l' �r g. R . _. _ �r ,� i., ti»Mu. ,,. ,.., ,.,...,r f .�, _ n<+ � "ss-iI � nY� �d� �'�. ab- >a,&6ri 1I 1n.�. Of -I CITY OF SOUTHLAK SOUTHLAKE I3580 1 127 127 LINE $0.00 $0.00 Notice Is hereby given by the City Council of the City of Southlake, Sales Discount Texas, that a public ($12,452.29) hearing will be held on September p.m�oi 2003,at Misc Fee immediately following $12,622.47 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 Net Amount: $170.18 public hearing is to consider the second reading of the fol- lowing ordinance: ORDINANCE NO. 480-424 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS I AMENDED, RESEOM HENIV ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS:ING CHNANIGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN F THE STATE OF TEXAS THE TEX- AS County of Tarrant DESCRIBE BEING D AS LOT 13, T.M. HOOD NO. BE- ING ADDITION,PIOXI- Before me, a Notary Pub MATELY 3.04 y and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator ACRES, AND MORE for the Star-Telegram, pu FULLY AND col- gram, Inc. at Fort Worth, in Tarrant County, Texas;and who,after being du)y sworn, did depose and say that the attached cli in PLETELY DE- pp 8 SCRIBED IN EXHIBIT S published in the bove named paper on the listed date• BIDS 8i LEGALS EPT. STAR TELEGRAM (817) 390-7182. A" FROM "S-P-1" DETAILED SITE Ca-C)---VA(.. 1 PLAN WITH '0-1" 11I OFFICE DISTRICT USES INCLUDING A PERSONAL CARE Signed FACILITY FOR ALZHEIMER'S PA- SUBSCRIBED AND SWC DETAILED SSITE 'HIS Wednesday, S pte b 03,20P3. 1A PLAN DISTRICT DISTRICOTIUSOFFICE S IAS DEPICTED EPICTE DON SITE Notary Public HERETO AND ATTACHED - CORPORATED • e HEREIN AS EXHIBIT ;•i"LfI CHRISTY L. HOLLAND B" SUBJECT TO ey ��;. 7� �,7� THE SPECIFIC RE- jj Thank You For Yc QUIREMENTSCON ', MY COMMISSION EXPIRES TAINED IN THIS .; mow; ORDINANCE; COR- _ '•:,-tf^—_.14L'. 2O¢ RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NAN To: Star-Tel MIINING THAT T DETER- Remit Customer ID: CIT57 U PUBLIC INTEREST, P.O. Bo: MORALS LS WELFARE E DEMAND THE ZON- ING Customer Name: CITY IT Y OF SOUTHLAKE THLAv FORT VI CHANGES AND HE D M MADE 101-2051 Invoice Number: 231484391 PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- Invoice Amount: $170.188 LATIVE OF ALL ORDINPROVIDING SEV VING ; PO Number: ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- Amount Enclosed: LATIONS HEREOF; INGS IDIN CAUSE PROVIDING FOIE PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECE. SECTIONT7. w.... ..nrcnn firm or la e •dl5 op refuseWhp ceeglply with e�of rthe resists of nanl this for eovisl6 shall be fTWo d�na Tore tnaDol�ars Thopo�ca to,ay hat $2. 'Each Itted to eex 1t s P tra ehsof tut' fen of Southlake Lon Fersig etars/ City