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480-602 CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480 -602 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 DESCRIBED AS TRACT 2B, A PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.994 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT AND LIMITED "I -1" LIGHT INDUSTRIAL 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, Ordinance No. 480 -602 Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" - Agricultural 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, 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 Ordinance No. 480 -602 Page 2 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: Ordinance No. 480 -602 Page 3 Being legally described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, being approximately 0.994 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S- P-1" Detailed Site Plan District with limited "0-1" Office District and limited "I -1" Light Industrial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Ordinance No. 480 -602 Page 4 S -P -1 REGULATIONS "S -P -1" Detailed Site Plan District The property consists of just less than one acre (0.994 acres). An existing commercial building of 7,106 square feet is located on the property. The most recent use of the property was office/warehouse. This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "0-1" Office District uses and regulations with the following exceptions: Permitted Uses Requested uses out of the 0-1, Office District and I -1, Light Industrial District are listed as follows; 1. Office Uses a. Accounting and tax preparation; b. Architecture; c. Bill paying services; d. Chiropractors; e. Computer services; f. Contractors offices; g. Finance; h. Interior design; i. Land surveying; j. Other offices of a business and /or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise; and k. Real estate and insurance 2. Industrial Uses a. Janitorial or cleaning services; Ordinance No. 480 -602 Page 5 b. Roofing contractor business premises; c. Warehouses Development Regulations 1. As a property with an existing septic system, the minimum one (1) acre land area required for a septic system is not required. The Existing on -site sewage facility has been evaluated by a Registered Sanitarian and report is attached. 2. Any dense hedge or plant materials may be used to fulfill screening requirements provided it is maintained in a healthy growing condition. Existing landscaping shall remain and serve as a natural screening device as shown on the site plan. There are no trees to be removed with this site plan. The existing trees and fencing will satisfy the screening requirements in Ordinance No. 480, Section 39.6. 3. Due to the presence of the existing fences and a substantial number of existing trees along the north, south, and east property lines, the existing fences as noted on the site plan will satisfy the fence requirements for the north, south, and east buffer yards. The existing trees and fencing will satisfy the screening requirements in Ordinance No. 480, Section 42. 4. Off street parking: The existing building and site is served by a gravel drive and parking area which is not currently striped. Parking for the existing building is currently gravel and has enough allotted space for the required parking calculation which is 1/1000 square feet of building. Parking areas will not be striped, but will be maintained as an all weather surface. 5. Fire lanes: The existing building and site is served by a gravel drive which is not currently striped. The existing gravel drive will not be striped, but will be maintained as an all weather surface 6. Sidewalks and /or trails: The sidewalk and trails requirement shall not apply to the existing building on the property. 7. Accessory buildings: Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5') to a property line located in the rear yard (Ord. 480, Section 34.2.a). The existing 8' x 8' well house near the northern property shall be allowed. 8. The Residential Adjacency Standards contained within Section 43, Part Ill of the Comprehensive Zoning Ordinance No. 480 shall be replaced with the following: a. Masonry Requirements: The existing structure facade shall remain as is. A portion of the existing structure shall be removed in order to meet the previously Ordinance No. 480 -602 Page 6 approved structure. The removal area shall match the existing facade in materials and color. b. Roof Design Standards: The roof design standards shall not apply to the existing building on the property. c. Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. d. Facade Articulation: The facade articulation requirements shall not apply to the existing building on the property. e. Loading and Service Area requirements shall not apply to the existing building on the property. f. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within twenty -five feet (25') of single family residential property. Trash Receptacles and Recycling Receptacles shall be residential style polycarts. g. Setbacks / Yards: No non - single family residential building may encroach in the area above a line having a slope of 4:1 from any single - family residential property. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. (See Exhibit 43 -E for clarification.) Any applicable structures abutting a local street (i.e., residential street and cul -de -sac as defined in the Thoroughfare Plan) shall provide minimum front and side yards equivalent to the front and side yards required for the single family residential property within 400,' but not less than the front and side yards otherwise required in the underlying zoning district. h. Spill -over Lighting: No use or operation shall produce direct or indirect illumination across a residential property line except in compliance with the current lighting ordinance, as amended. i. Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. Ordinance No. 480 -602 Page 7 Council conditions of approval at second reading April 19, 2011: 1. Approving the 0 -1 uses as listed in the staff report, specifically limiting the Industrial uses to janitorial or cleaning services, roofing contractor business premises and warehouse; 2. Noting that while the existing use does contradict with the current land use designation of Low Density Residential, the use is being approved as a result of the existing building being annexed into the City; 3. Not allowing any outside storage; 4. Subject to Site Plan Review Summary No. 4, dated January 12, 2011. Ordinance No. 480 -602 Page 8 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 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 Ordinance No. 480 -602 Page 9 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. 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 Ordinance No. 480 -602 Page 10 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 19th day of April, 2011. / iii ► a MAYOR ,,,,,,,,,,, ATTEST: ,, ,,• ��uTH F ,♦ t ,. •ems ♦�� • b kL4 D tJr\ ° w CITY SECRETARY ♦ •. PASSED AND APPROVED on the 2nd reading the 10th day of May, 2011. MAYOR ATTEST: ••%%%13.9.:, T HC.,q,,, ,, 1 GD • i CITY SECRETARY ? . s° , , ♦', /, ''If *irk `,,`,,`, Ordinance No. 480 -602 Page 11 APPROVED AS TO FORM AND LEGALITY: 0 j CITY ATTORNEY DATE: c,�J II ADOPTED: Nay /� , Al EFFECTIVE: giay, 1,3, aUll Ordinance No. 480 -602 Page 12 EXHIBIT "A" Being described as a Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas and being approximately 0.994 acres, and more fully and completely described below: flits is to certify that I have this date, made a carefji sura,q or: t'r, ground of property bosh:: oca't d it :41' S :n, Road in the ltdv of Sauth'ake Teras. icing p-;r! of Lot 2 of R P Estes Subdivision. an addition tr. Ire C!ty , Southihce, 1 arra'►t County I exas. ?f to the pat t'- eereof re;orr din VoI rne 195' Pace t2E, Dc-el Records Callas t.nrin`y Texas tlernrl the same tract of fang conveyed to Poy C Finney by deed recorded it Volume 12420 ran_ 620, Deed Records Tarrant Cctirfry Te,rac :anti nerng rrorp particularly descnbPd as'cilu,as BEGINNING at a pant in the East line of Sam School Road iCounty Road No. 3088) said point bung toe Northwc-' coiner Of said Lot 2, same being the Southwest c- rimer of Lot 3 a iron rod round fo- Cotner THENCE: South 88 deg_ 47 rrtn 00 sec East with the camrror :,ne of Lots 2 and 3 a cistance of 330 15 ft-et to ft- Norltinest corner of a tract of land conveyed to Tommy 'Arayne Crawford, by deed ?corder ' Volume .2236 Page tai Geed Records Tarrant County. Texas a capped % iron rod Set toe corner, THENCE South wit the West line of said Crawford t•a_: a ar;tan.°a rif f 31 20 fr -et to the Northeast corner of a tract _:t Land conveyed to Maguire Partners - Scfara Ltd . by deed r cnrde -1 rn We urne ' J29..0, Page 5, Deed Records Tarrnnl Cc-rely, Texas, a fence post fauna ort dine- THENCE North 88 ceq 47 trait 0.0 sec West witl the Norm tine of sarr1 Maguire Partners tract n d slake of 33C 15 roet to a point it the said East line of Sam Sclwut Road a capped Iron rod set for ciorner THENCE. North with the said East lire of Sar , Sct,;wi Rv -a;l a distance of 13' feet to :he PLACE OF BEGINNING and CONTAINING 43,1C4 eiIiare fret o• G gra aciea u` Tai j Ordinance No. 480 -602 Page 13 EXHIBIT "B" SITE PLAN SUBMITTED APRIL 13, 2011 SITE DATA SDADIAAY mna ) . .annu -- NOtaiiI.Olartliitliti 1 MID I ume.... �..aa ._..m .m I a. 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D C: 03 1 iiiiiiiiiiiglosslisMplopRRIMAiiiill K 8 , 11 , , r 1 II ra o Hal 1 lippm[l J,,I . ,... 1 , 1 111111111111111111111111111111111111 i PJ - -< tv _ All POI 1 r..) o it 1 01 I II_ I TREE SURVEY L 2411 SAM SCHOOL ROAD M 1 co CITY of SOUTHLAKE, TEXAS i 0 ..J. c.n INVOICE Star - Telegram Customer ID: CIT57 400 w. 7TH STREET Invoice Number: 315869781 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 5/17/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 5/31/2011 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 31586978 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: City of Southlake Ord Attn:Attn: ACCOUNTS PAYABLE Publication Date: 5/17/2011 CITY OF Southlake 1 Legal Notices „ ` , Ordinance No. 480 -602 . , . ol . vepth Linage _ M> `_ Rate Amount AN ORDINANCE AMENDING ORDI- TEXAS BEING APPROXIMATELY NANCE NO. 480, AS AMENDED, 0.994 ACRES, AND MORE FULLY C THE COMPREHENSIVE ZONING i AND COMPLETELY DESCRIBED IN 1 63 63 LINE $0.00 ORDINANCE OF THE CITY OF EXHIBIT "A " FROM "AG" AGRI- SOUTHLAKE, TEXAS; GRANTING A CULTURAL DISTRICT TO "S P 1" ZONING CHANGE ON A CERTAIN DETAILED SITE PLAN .DISTRICT TRACT OR TRACTS OF LAND WITH "1-1" LIGHT INDUSTRIAL TEXAS TH E CITY OF SOUTHLAKE, E DISTRICT USES, AS DEPICTED ON PLAN TRACT 2B, A PORTION OF LOT 2, THE APPROVED SITE INCO R AT- Net Amount: $0.00 R.P. ESTES SUBDIVISION, AN RATED HER EN AS EXHIBIO B", ADDITI TO THE CITY OF SUBJECT TO THE SPECIFIC RE- SOUTHLAKE, TARRANT COUNTY, QUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS ; tl eilllllllt /J OF THE ZONING ORDINANCE; R ECEIVE , r DET THAT THE PUBLIC I S . - f-10, 4 d INTEREST MORALS AND GEN- ;° >CP . ° • ° , _, ERAL WELFARE DEMAND THE 4 . i P( "SS 0 ZONING CHANGES AND AMEND- MENTS HEREIN MADE; PROVIDING 0 , ° ..0 - oiV THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- It * ' NANCES; PROVIDING A SEVER ` u t" =� ABILITY CLAUSE; PROVIDING FOR 'rl, 1_7._ A PENALTY FOR VIOLATIONS s : F 0r ', ° HEREOF; PROVIDING A SAVINGS N,R',.' �� CATION IN HE OFFICIAL NEWS- (, {C E OF F, ; ; ; gyp f" - ° a ®` f '� PAPER; AND PROVIDING AN EF- ,� 3 ' ,e FECTIVE DATE " ' Y �aA if THE STATE OF TEXAS 1 Any person, firm or corporation who violates, disobeys, omits, neglects County of Tarrant I or refuses to comply with or who resists the enforcement of any of Public in and shall provisions ' of this ordinance Before me, a Notary shall be fined 'not more than Two y personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by t Thousand Dollars ($2,000.00) for h, in Tarrant County, Texas; and who, after being duly sworn, did depose and say each offense. Each day that a that the attached clipping of an ad violation is permitted to exist shall above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 constitute a separate offense. Passed and approved this the 10th Ili day of May Council 11, during the regular `�� `— . ���, + \OM City Counal meeting. Mayor: John Terrell Attest: Alicia Richardson, City Sec- 2 1. SUBSCRIBED AND SWORN TO retary • y • Notary Public /� / I, ., / . 1,1 s,1. _/ A 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: 315869781 Invoice Amount: $0.00 PO Number: NO PO Amount Enclosed: $ 1