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480-398CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-398 OFFICIAL RECORD 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, 2R1, 3, 4, AND 5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, ACCORDING TO THE PLATS RECORDED IN CABINET A, SLIDE 4010 AND CABINET A, SLIDE 6339, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 9.295 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "O-1" OFFICE DISTRICT AND "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "I-1" LIGHT INDUSTRIAL 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 SEVERABIL1TY 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 Page 1 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 and "1-1" Light Industrial 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 welfi~re; 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, WttI~REA$, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability ~r 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, Page 2 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 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 o[ 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 ol~ 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 SOUTHLA KE, 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 legally described as Lots 1, 2R1, 3, 4, and 5, Cornerstone Business Park, an addition to the City of Southlake, according to the plats recorded in Cabinet A, Slide 4010 and Cabinet A, Slide 6339, Plat Records, Tarrant County, Texas, and being approximately 9.295 acres, and more fully and co~npletely described in Exhibit "A" from "O- I" Office District and "I-1" Light Industrial District to "S-P-2" Generalized Sile Plan District with limited "1-1" Light Industrial 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 affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the co~nprehensive 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 c0ncentrali0n 0[ population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the conmmnity. They have been made after a full and complete hearing with reasonable consideration among other things of the character ot: 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 relnedies of the City of Southlake am 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 lnay 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 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 ot~ the Charter of the City o£ 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 1st reading the 18th day of June, 2002. MA4//OR ~ ATTEST: AC ik6 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 16th day of July, 2002. ATTEST: ~CJlNG CITY SECRETARY '"'"'"'"" APPP, OVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:__ ,,~ ¢(U ADOPTED: ',1 O- Page 7 EXHIBIT "A" Being legally described as Lots 1, 2R1, 3, 4, and 5, Cornerstone Business Park, an addition to the City of Southlake, according to the plat recorded in Cabinet A, Slides 4010 and 6339, Plat Records, Tarrant County, Texas, and being approximately 9.295 acres. Page 8 EXHIBIT "B" Page 9 CORNERSFONE BUSINCSS PARK USE AND DEVELOPMENT REGUL~[~ONS FOR "S-P 2 for I-1" ZONING PERMIT fED USES THIS SIT SHALL PERMIT ALE "1-1" UGHf INDUSTRIAL DiSTRiCT USES ACCORDING fO ZONING ORDINANCE NO. SECI1ON 26 EXCEPT: BLACKSMITHING OR HORSE SHOEING; BROOM MANUFACTURING; CANDL~ MANUFACTURING; CREAMERY AND DAIRY PRODUCT MANUFACTURING; COO STORAOE, CANDUNG, SORI1NG ANO GRADING; FARRIER; F'EED STORES; ICE MANDFACTURING AND BUI~( iCE STORAGE DEVELOPMENT REGULA lqONS: rl41S PROPERTY SHAL£ 8E SUBJECT TO 1~4E DEVELOPMENT R£GULA]iONS OF ~-tE "1-1 LIGIIT fNDUSTRIAL DISTRICT, SECIION 26 OF ZONING ORDINANCE NO 488, AS AMENDED, AND ALL 01'HER APPLICABLE REGULATIONS OF ZONING ORDINANCE NO 480, AS AM£NDED, WlTH fNE FOLLOWING EXCEP]IONS I BUFFERYARDS ALOND [Of UNES INIERNAI TO THE ~3EVELOPMENr SHALL NOT BE REQUIRED, 2 A SCREENING hEDGEROW (NELIJE R STeVENS HOLLy, FOSTER HOI_tY) MAY BE SUBSTITUTED FOR A SCREENING FENCE IN BUFFERYARDS TYPE F 1 THE %£:REENING HEDGEROW SHALL Nor COUNT TOWARD ANY LANDSCAPE AREA Page 10 EXHIBIT "C" City of Southlake CITY COUNCIL MEETING July 16, 2002 Motion was made to approve Ordinance No. 480-398, 2'~° Reading, subject to Concept Plan Review Summary No. 5, dated July 12, 2002, granting the requested variances and accepting applicant's proposal to remove sexually oriented business uses from the list of allowable uses. Motion: Potter Second: Standerfer Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 7-0 Page 11 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA02-018 Review No.: Five Date of Review: 07/12/02 Project Name: Concept Plan - Cornerstone Business Park OWNER: Southlake Cornerstone Business Park Jack Lovette 12750 Merit Dr., #1175 PHONE: (972) 671-9120 FAX: (972) 671-9115 ENGINEER: JDJR Engineers & Consultants J. Kent Bell 2505 Texas Dr.,#109 Irving, TX 75062 PHONE: (972) 252-5357 FAX: (972) 273-8860 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/01/02 AND WE OFFER TIlE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE C1TY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. DEVELOPMENT REGULATIONS 1. The following develop~nent regulations are being requested: a) Bufferyards along lot lines internal to the development shall not be required. b) A 10'-Type 'F-1' bufferyard shall be required along the northwest property line (old Crooked Lane). c) A screening hedgerow (Nellie R. Stevens Holly, Foster Holly) may be substituted for screening fence in bufferyards Type 'F-I'. The screening hedgerow shall not count toward any landscape area tree or shrub requirements. Correct the development regulations to propose the alternate Type 'F-1" bufferyard in place of the required Type 'F-2' bufferyard along the northwest property line (old Crooked Lane) as depicted on the graphic of the plan. CONCEPT PLAN COMMENTS 3. Change the proposed zoning on the Site Data Table to "S-P-2". INFORMATIONAL COMMENTS The applicant should be aware that prior to issuance of a building permit a Plat Revision must be processed and filed in the County Plat Records, and a 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. This review is based on the "1-1" Zoning District Regulations. Page 12 This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part Ill "Residential Adjacency Standards". Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submiual of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the majnr areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. Roof design standards per § 43.13b, Ordinance 480, as amended Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. · Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. · Screening as per §39.4, Ordinance 480, as amended. · Interior landscaping per Landscape Ordinance No. 544. · Fire lanes must be approved by the City Fire Department. Page 13 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 216680531 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 7/19/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21668053 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/19/02 'motto p , Location Col Sep g . mo � CITY OF SOUTH- FICIAL LONING ORDINANCTEXAS NO 480- MAP;OTHER RPOR V I3580 1 124 124 LINE $6.33 $784.92 398 TIONS OF THE AN ORDINANCE ZONING, ORDI- AMENDING ORDI- NANCE;1 DETER- AMENDED THE PUBLIC INHTEREST ($684.48) COMPREHENSIVE MORALS AND GEN- ZONING ORDI- ERAL WELFARE NANCEOFTHECITY DEMAND THE ZON- OF SOUTHLAKE, ING CHANGES AND TEXAS' GRANTING AMENDMENT S A ZONING CHANGE HEREIN MADE,* $100.44 ON A CERTAIN PROVIDING THAT Net Amount: TRACT OR TRACTS THIS ORDINANCE OF LAND WITHIN SHALL BE CUMU- THE CITY OF LATIVE OF ALL SOUTHLAKE TEX- ORDINANCES; AS BEING LEGALLY PROVIDING A SEV- DESCRIBED AS ERABILITY CLAUSE; LOTS 1, 2R1 3 4 PROVIDING FOR A AND 5, CORNER- PENALTY FOR V10- STONE BUSINESS LATIONS HEREOF; PARK AN ADDITION PROVIDING A SAV- TO THE CITY OF INGS CLAUSE_; SOUTHLAKE AC- PROVIDING FOR CORDING SOUTHLAKE_, THE PUBLICATION IN PLATS RECORDED THE OFFICIAL INCABINETA SLIDE NEWSPAPER; AND 0 AND CABINET PROVIDING AND )LIDE(R339,PLAT EFFECTIVE DATE. ORDS, TAR- SECTION 7. 4T COUNTY, I Any person„ firm or CAS AND BEING corporation who vio- APPROXIMATELY latex,disobeys,omits, 9.295 ACRES AND neglects or refuses to MORE FULLY AND comply with or who COMPLETELY DE- resists the enforce- SCRIBED IN EXHIBIT ment of any of the A" FROM "0-1" OF- provisions of this or- FICE DISTRICT AND dinance shall be fined I-1" LIGHT INDUS- not more than Two TRIAL DISTRICT TO Thousand Dollars S-P-2" GENERAL- ,($2,000.00) for each munYState,this t and day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator IZED SITE PLAN offense.Each day that DISTRICT WITH aviolation is permitted1elegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say LIMITED "I-1" LIGHT to exist shall consti- INDUSTRIAL Dls- ) tute a separate of-;was published in the above named paper on the listed dates: BIDS 81 LEGALS DEPT. STAR TELEGRAM TRICT USES AS fense. DEPICTED ON THE PASSED AND AP- % APPROVED CON- PROVED THIS THE ^ CEPT PLAN AT- 16TH DAY OF JULY Kam..„.._ 1( TACHED HERETO 2002 DURING THE AND INCORPORAT- REGULAR CITY Signed ED HEREIN AS EX- COUNCIL.MEETING. HIBIT "B", SUBJECT MAYOR: Rick Stacy TO THE SPECIFIC ATTEST: Kim Bush,- • R E Q U I R E M E N T S S Acting City Secretary:, THIS Sunday,July 21 CONTAINED IN THIS APPROVED AS TO ORDINANCE; COR- FORM: E. Allen Tay- �Notary Public Lt. L,Lb..o1 °•,: VICKI L.WASON MY COMMISSION EXPIRES Thank You For Your Payment �' y r `'' AUGUST 28,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 216680531 Invoice Amount: $100.44 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 216161151 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/5/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21616115 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 7/5/02 ,3e" aa4 ^ :s c NOTICE pF PUBLIC A SLIDE 6339,PLAT NI Notice her eby given ^^RDs,__ TAR- 13580 1 132 132 LINE $6.33 $835.56 by the City Council of T the City of Southlake, A S hae twill bep held h ($728.64) on Jury 16, 2002, et c 6:00 p.m. or immedi- £ ately following the Work Session, during F the Regular City Council the to City P Opelsa op sepewe $106.92 Council Chambers of lUlw JOd I Net Amount: Town Hall,1400 Main I osb-e10UE.j; Street, Southlake, Texas. Purpose of the public vole Ilea)epewel1 ep o, hearing is to consider the second reading of 311ea)epewel1 ep U010e0 the the following or- dinance: 8ea41)e!OueJeluoa ep el ORDI480-39NANCE 8 NO. -nlea Ilea)epewell op os AMENDING ORDINANCE u.. Ilea)9Jeds3 ua ep AMENDED' 480,rHE I Se3IlslaapeJe3 oa OMPREHENSIVE 'ONING ORDI- 00!seq ooiuooaia 3FNCE OFUTTHLAKE 'ep aluap-SeIeao- sl rEXAS• GRANTING A ZONING CHANGEH aeig-e TRNACT OR TRACTS SOJIo a el0UelSip e6Jei THEOF LANDCITY WIT OF 4 a+.WJad ai-wsaaJ SOUTHLAKE TEX- AS -t1 BEING LEGALLY DESCRIBED AS LOTS 1, 2R1 3 4 AND 5, CORNER- STONE a,N ADDITION iblic in and for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator To THE CITY OF )ublished by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn, did depose and say SOUTHLAKE AC- CORDING T'O THE ig of an advertisement was published in the a ve named paper on the listed dates:4BIDS 8L LEGALS DEPT. STAR TELEGRAM PLATS RECORDED 4010 ANDCQBINET , I Signed C\ MI0 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday,July 10,2002. Notary Public — VICKI L.WASGNy f MY COMMISSION s; ay�,ty,i EXPIRES Thank You For Your Payment ar,, AUGUST 28,2(t.;3 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 216161151 Invoice Amount: $106.92 PO Number: Amount Enclosed: !$