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480-442CI TY OF SOUTHLAKE , TEXAS OFFICIAL RECORD ORDINANCE NO. 480-442 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 5R7, BLOCK 3, CIMMARRON ACRES ADDITION, BEING APPROXIMATELY 2.176 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "O- 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 WHEREAS, the hereinafter described property is currently zoned as "O -1" Office District under the City's Comprehensive Zoning Ordinance; and 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, 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 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: Being Lot 5R7, Block 3, Cimmarron Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 3321, Plat Records, Tarrant County, Texas, and being approximately 2.176 acres, and more fully and completely described in Exhibit "A" from "O -1" Office District to "S -P -1" Detailed Site Plan District with "O -1" Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: 1. Approving the impervious coverage that each individual lot will not be greater than 73% impervious coverage with the three lots combined not exceeding the 65% Page 3 maximum impervious coverage; 2. Approving the building articulation with wall lengths on the east and west sides of building `B' at 36 feet; 3. Allowing that the bufferyards along interior lot lines are not required, but requiring that the plant material be placed elsewhere on the site; 4. Requiring a "brick - crete" wall matching the wall along the north property line of the City's adjacent storage tank property in place of the wood fencing; 5. The following requirements apply to the site plan hereto attached as Exhibit `B ": a. Granting the requested variance for driveway spacing along Southlake Boulevard allowing a distance of approximately 492 feet from the intersection to the east; b. Eliminating the requirement that the southern common access easement be extended to the east boundary line; Changing the traffic median shown on the northern end of the Southlake Boulevard driveway to a "mini- roundabout "; d. Change 23 in the "S -P -1" letter to read: `Buildings shall comply with the horizontal and vertical articulation requirements of Ord. 480, Section 43.9.c.l.d and Section 43.13.a.4, except that building `B' shall have a maximum permitted horizontal wall length of 36 feet"; e. Correct the impervious coverage and the site coverage percentages in the Site Data Summary chart to show totals by individual lot based on the area per individual lot; f. Correctly show, label, and dimension all existing or proposed easements on or adjacent to the site; g. Align the proposed common access easement on the north side of the lot with the existing common access easement/future driveway as shown on the approved concept plan for the property to the east; h. Correct adjoining owner information on the adjacent properties and the property to the east; i. Change the name of the office development as there is an existing street name of Westwood Drive that may cause confusion. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Page 4 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 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 Page 5 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. 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. Page 6 PASSED AND APPROVED on the Ist reading the 20 day of July, 2004. ZUV OR ATTEST: doa & CITY SECRETAAY PASSED AND APPROVED on the 2nd reading the 3rd day of August, 2004. �mwlm mum me ••.• S OUTH , ,, a ATTEST: � ,''•,,, L 00- 0... .• CITY SECRETAR ,,,1'�..* *fit ,••..�••`,•�. APPROVED AS TO FORM AND LEGALITY: EFFECTIVE: 8 & Page 7 ADOPTED: S -� -04 EXHIBIT "A" Being Lot 5R7, Block 3, Cimmarron Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 3321, Plat Records, Tarrant County, Texas, being approximately 2.176 acres. Page 8 9 p r 0 GIs a r� cm MEN f&r� m EXHIBIT `B" Y 3�IS • Q/C11 T�d�q 3YM E LOLL stae�-4 *JV e�l>3 �+ +� ZlG i ; E3■ CL ' as o ! R lu 3� • !S'vu� V �} V I S � 1 V ! V 1 I 0 I i g l� L B I� ► �I l e X ;s �r I I i i T 3 I� Page 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 244789721 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/6/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/04 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24478972 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/6/04 ,'i ig 4 " T�1 a a i Oil, + I :,s s i i Td MU Rae ismou t CITY�OF, E CITY OF SOUTHLAKE OR ORDINANdCEKNo. 580 1 105 105 LINE $0.81 $85.05 480-442 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS COMPREHENSIVE ZONING ORDI- Net Amount: $85.05 1 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 LEGALLY DESCRIBED AS LOT 5R7 BLOCK 3_ CI- MMARRON ACRES [—J 0 APPIRIOXIMATELY 2.176 ACRES AND MORE FULLY AND COMPLETELY DE- AUGSCRIBED IN EXHIBIT A2 7 2;104 "A" FROM "0-1" OF- .—./ ACE DISTRICT TO S-P-1' DETAILED SITE PLAN DIS- TRICT AS DEPICTED ON THE APPROVED OFFICE OF CITY SECRETARY SITE PLAN AT- TACHED HERETO • AND INCORPORAT- ED HEREIN AS EX- THE STATE OF TEXAS HIBIT "B". SUBJECT TO THE SPECIFIC County of Tarrant 1 REQUIREMENTS CONTAINED IN THIS RECTINGCTHECOF- Before me, a Notary Public in, FICIAL ZONING State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star Telegram, publishe VIP OTHERERPOR Inc. at Fort Worth, in Tarrant County, Texas; and who,after ing duly sworn, did depose and say TIONS OF THE• that the attached clipping of an ZONING oaDl-Ished in the above named pa r on the listed dat BIDS 8L GAL DEPT. STAR TLEGRAM (817) 390-7320 NANCE; DETER- MINING THAT THE �HLKS ��i PUBLIC INTEREST, 0 MORALS AND GEN- •••�V PUBn - ERAL WELFARE ned xr. V. ei •v DEMAND THE ZON- ? Q:• Oli ING CHANGES AND `,. O AMENDMENTS = : Z -��* ti t SUBSCRIBED AND SWORN 1 HEREIN MADE'Tuesday,August 17, 200 sr PROVIDING THAT 3 J, I\ -.\- : E.--- THIS ORDINANCE •`<, SHALL BE CUAU- of`^ - 9it O ORDINANCES;OF ALL Cary Public � /d-.►�� F s_•• ORDINANCES 5 EXPIN".•'c3-' PROVIDING A SEV- ERABILITY CLAUSE; rf PROVIDING Y FOR FOR /,"'•'�08.:''1,''''''�'\`\\\`\�� LATIONS HEREOF; AV- Thank You For Your PROVIDING A USE INGS CLAUSE• PROVIDING FOR PUBLICATION IN .__ _._..__ --__........-.._...-_-.,.-_ ""-* THE OFFICIAL- NEWSPAPER; AND PROVIDING O DA TE EF- FECTIVESECTION 7. Any person, firm or Star-Telegr corporation who vio- Customer ID: CIT57 Remit To: g iatee, °mats, ne 'sots with refuses resists e P.O. Box 9 enforcementor who t of an the Customer Name: CITY OF SOUTHLAKE of any of the provisions of this ordinance shall be FORT WO Two Thousand Dol- •2051 Invoice Number: 244789721 tars ($2 000.00) for each offense. Each day that a violation is Invoice Amount: $85.05 permitted to exist shall constitute a separate offense. PO Number: PASSED AND AP- PROVED THIS THE 1 3rd DAY OFAU- Amount Enclosed: TfHE DUR- INGR�GULAR � CITY COUNCIL MEETING. MAYOR: Andy Wambagansa ATTEST: Lori Farwell, City Secretary INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 243973671 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/18/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/04 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24397367 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/18/04 CITY OF SOUTHLAKE Notice is he 13580 1 118 118 LINE $1.34 $158.12 1 • I• Nt F. A. S F ��• , C. - IENS• I NG8VI0ING iv' ZONING ORDI- PROVIDING ���nnn •i . Net Amount:_ $158.12 NANCE OF THE CITY PUBLICATION I OF SOUTHLAKE THE OFFICIAL,., 1—i'd n TEXAS; GRANTING; NEWSPAPER; AND II;, El �VJ A ZONING CHANGE PROVIDING AN EF- ON v Jill ON A CERTAIN FECTIVE DATE. TRACT OR TRACTS SECTION 7. OF LAND WITHIN Any person, firm or THE CITY OF corporation who vio- SOUTHLAKE TEX- lates,disobeys,omits, O )00A AS BEING LEGALLY1 JUL I� L neglects or refuses to J �F DESCRIBED AS LOT comply with or who 5R7 BLOCK 3 Cl- resists the enforce- MMARRON ACRES ment of any of the ADDITION BEING provisions of this or- APPROXIMATELY dinance shall be fined 2.176 ACRES AND not more than Two OFFICE OF CITY SECRETARY 1 MORE FULLY AND Thousand Dollars l COMPLETELY DE- ($2,000.00) for each' r SCRIBED IN EXHIBIT offense.Each day than A" FROM "O-1" OF- a violation is permitted FICE DISTRICT to exist shall consti S-P-1" D A Mli. s separate of- SITE P CNAss TRICT AS D • -.• Y ' SSITE THE APR ' . GNRISTY I,.HOLLAND TACHED Secretary AD H 41i — • •, MY COMMISSION EXPIRES THE STATE OF TEXAS H B T u ••ar"'• JAY'31,2004 County of Tarrant REoUI MENTS CITY OF CONTAIN IN THIS SOUTHLAKE. ORDINAN • COR- Bef Notice is hereby given FICIALNG1ONING Ind State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator by the City Council of MAP; PR RRRVING for the City of Southlake, ALL (DPP POR- Im, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say [ha Texas' that a public TIONS OF THE iublished in the above ed a er on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM hearing will be held ZONING ORDI- p p (8 on August 3,2004,at NANCE• DETER- 6:00 p.m. or,immedi- MINING THAT THE ately following the PUBLIC INTEREST, Work Session, during MORALS AND GEN- the Regular City ERAL WELFARE Signed Council meeting to be DEMAND THE ZON- held In the City ING CHANGES AND Council Chambers of AMENDMENTS SLI Town Hall,1400 Main HEREIN MADE; (IS Wednesday,July - Street, Southlake, PROVIDING THAT Texa�ss Purpose of the THIS ORDINANCE public hearing Is to SHALLLE BE CU Uori.j - consider the secondc�� _ LARID I N ANC L Notary Public 1`+^I� I m�• 1 PPROBILDINGY CAAAUSE; 480-442 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: 243973671 Invoice Amount: $158.12 PO Number: Amount Enclosed: $