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480-404CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-404 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CItANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITflIN THE CiTY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2El AND 2E2, SITUATED 1N THE I. GIBSON SURVEY, ABSTRACT NO. 591; AND BEING 2.5 ACRES, AND MORE FULLY AN D COMPLETELY DESCRiBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "S-P-I" DETAILED SiTE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT USES TO iNCLUDE GYMNASTICS TRAINING CENTER AND DANCE TRAINING CENTER, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED IIEREIN AS EXHIBIT i'B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN Tills ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT TIlE PUBLIC iNTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROViDING TflAT TillS 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 "AG" Agricultural 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 throughont 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 ti~ne 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 mnended as shown and described below: Being Tracts 2El and 2E2, J. Gibson Survey Abstract No. 591, and being approximately 2.$ acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural to "S-P-I" Detailed Site Plan District with "O-1" Office District uses to include Gymnastics Training Center and Dance Training Center 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 Conncil 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 tile 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 ail 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 tile 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 co~nplete 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 ordinaoce. 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 provisious 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 ten (10) days before the second reading of this ordinance, and if this ordinance provides tbr 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 20th day of August, 2002. MAYOR PASSED AND APPROVED on the 2nd reading the 3rd day of September, 2002. ,,,',' ~O U ~_~//~'~,,,. ATTEST: .,- ;& ......... ,.~t/r ,, % ........ ..,-' G CitY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ~TTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT "A' Area Surveying. thc, FIELD NOTES Description for a tract of land in the J. N. Gibson Survey, Abstract Number 591, City of Southtake, Tarrant County, Texas, and being "Tract One" and "Tract Two" as described in a deed to Alice M. and Richard L. Diles, recorded in Volume 13940, Page 58, Deed Records, Tarrant County, Texas, and being described as one (1) tract by metes and bounds as follows: BEGINNING at the northwest corner of "Tract One" as described in said deed, said point being by deed call the northwest corner of a 21 8 acre tract of land described in a deed to J. T. Williams and wife, Emma Williams, recorded in Volume 1734, Page 264, Deed Records, Tarrant County, Texas. THENCE North 89 degrees 39 rninutes 53 seconds East a distance of 520.83 feet along the north line of said "Tract One" arrd along the north line of "Tract Two" as described in said Diles deed, and long the south line of Lots 1 and 2, Block B, HART INDUSTRIAL PARK, according to the plat recorded in Volume 388-217, Page 61, Plat Records, Tarrant County, f e×as, to a 1/2" iron pin set for the northeast corner of "Tract Two" and for a westerly corner of Lot 3-R, Block B, HART INDUSTRIAL PARK, according to the plat recorded in Cabinet A, Slide 4801, Plat Records, Tarrant County, Texas; THENCE South 00 degree 21 minutes 08 seconds East a distance of 209.49 feet to a 1/2" iron pin set for the southeast corner of "Tract Two"; qi HENCE South 89 degrees 39 minutes 53 seconds West a distance of 52083 feet to the southwest corner of ~,ald Tract One THENCE No~th 00 degrees 21 minutes 08 seconds West a distance of 209.49 feet to the POINT OF BEGINNING. said described tract containing 2.505 acres of land. EXHIBIT "B" EXHIBIT "C" REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS September 3, 2002 Motion was made to approve Ordinance No. 480-404, 2® Reading, subject to Site Plan Review Summary No. 3, dated August 30, 2002, incorporating P&Z's recommendations. Motion: Second: Ayes: Nays: Standerfer Shankland Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy None Approved: 7-0 REGULAR PLANNING AND ZONING MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS August 8, 2002 Motion was made to approve ZA02-046, subject to Site Plan Review Summary No. 3, dated August 2, 2002, granting requested variances and designating the 180' stacking lane as a drop off zone only. Motion: Slansell Second: Terrell Ayes: Boren, Standley, Faglie, Stansell, Terrell, Murphy Nays: None Approved: 6-0 SITE PLAN REVIEW SUMMARY Case No.: ZA02-046 Revised Review No.: Three. Project Name: Site Plan Gymnastics Plus Date of Review: 08/30/02 APPLICANT: Alice Diles 1219 Brumlow Ave. Southlake, TX 76092 Phone: 817-488-5979 Fax: ARCHITECT: Sun Coast Architects 1725 E. Southlake Blvd.#100 Southlake, TX 76092 Phone:817-424-4277 Fax: 817-329-7177 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/01/02 AND WE OFFER THE FOLLOWING STIPULATIONS. TIIESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU I lAVE ANY QUESTIONS OR NEED FURTt IER CLARIFICATION, PLEASE CONTACT TA1L~ A. BROOKS AT t817) 481-2079. General Development Standards Applies Comments Corridor Overlay Regulations N Residential Adjacency Y Complies Buikling Articulation Y Complies Masonry Slandards Y Complies. hnpervious Coverage Y Complies Bu ffcryards Y Complies Interior Landscape Y Complies Driveways Y See Conmqent No. la and lb Lighting Y Complies Plan Review Comments: 1. The following changes are needed regarding driveways: The centerline distance of off-site driveways to the nearest proposed on-site driveway to the north is 225'. 250' of driveway centerline spacing is required along Brtlmlow Avenue. The applicant is requesting a variance. A minumum driveway stacking depth of 75' is required. A depth of 28' is provided, l lowever, an effective internal stacking length of 180' is proposed by use of directional signage and traffic routing.. The ttpplicattt is requesting a vttriance. The applicant is proposing the following uses and development regulations: 2. All "O-1" Ofrice District uses and to also include: a. Gymnastics Training Center b. Dance Training Center 3. The maximum permitted impervious coverage shall be 75% of the lot area. General Comments: 4. Correct the labels regarding height and number of stories on the building to correctly reflect one story buildings with a maximum height of 35' as discussed with City staff. 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. The applicant should be aware that prior to issuance ora building permit a Plat must be processed and filed in the County Plat Records, a fitlly 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. * Denotes Informational Comment att: Arliculation Evaluation Chart INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 218516731 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/7/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21851673 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/7/02 Descralpfiow ii ocatiawn ',Col' -Deptlf �Lawiage- .MU Rate ,� dunt* CITY OF SOI - CITY OF ORDIN I3580 1 117 117 LINE $0.00 SOUTHLAKE, ORDINANCTEXAS NO S 480-404 AN ORDINANCE %MENDING ORDI- AMENDED 4�THE $0.00 COMPREHENSIVE Net Amount: ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SBEIKLLYASNGEGA DESCRIBED AS TRACTS 2E1 AND SITUATED GIBO SURVEY, AB- STRACT NO. 591, AND BEING 2.5 ACRES. AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG" AG- RICULTURAL TO"S- P-1"DETAILED SITE PLAN DISTRICT • WITH "O-1" OFFICE THE STATE DISTRICT USES TO INCLUDE GYMNAS- County of I CENTER TRAININD DANCE TRAINING CENTER, AS DE- Before me,, gppROVED N SIIE)r said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star- PLAN ATTACHED HERETO AND IN- the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the atta HEREIN SAS EXHIBIT °'rtisement was published in the ab ve named paper on the listed dates: BIDS 8t LEGALG DEPT. STAR TELEGRAM (817) 390- "B" SUBJECT TO A THE SPECIFIC HIS M , fRE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- Signed RECTING THE OF- FICIAL ZONING MAP' PRESERVING SUBSCRIBE ALL 'OTHER POR- :FORE ME, THIS Thursday, September 12,2 2. TIONS OF THE �� e ZONING ORDI- TER- MIINING THAT � L)THE Notary Public . J 4( l PUBLIC INTEREST, — MORALS AND GEN- othi VICKI L.WASON ERAL WELFARE V� `t DEMAND THE ZON- 'I ,, •it ING CHANGES AND 1 ., MY COMMISSION EXPIRES AMENDMENTS HEREIN MADE ';1• `ti;.; Thank Yo PROVIDING GDINANCE yment AUGUST 28,2004 SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; Remit To INGOSVIDIN ClL_AUSE, Customer ID: CIT57 PROVIDING FOR PUBLICATION 51 Customer Name: CITY OF SOUTHLAKE NEWSPPROVIDING RAN AND DATE. -I,TX 76101-2051 Invoice Number: 218516731 SECTION 7. Any person, firm or corporation who vio- Invoice Amount: $0.00 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 218065561 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/25/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21806556 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 8/25/02 Description Location Col Depth Linage MU Rate Amount NOTICI NOT!HEARING OF PUBLIC ; PLAN ATTACHED ;580 1 128 128 LINE $7.09 $907.52 Notice is hereby given HERETO AND IN by the City Council of CORPORATE D the City of Southlake, HEREIN AS EXHIBIT Sales Di Texas, that a public B" SUBJECT TO ($803.84) hearing will be held THE SPECIFIC RE- on September 3, QUIREMENTS CON- 2002, at 6:00 p.m. or TAINED IN THIS immediately following ORDINANCE; COR- the Work Session, RECTING THE OF- during the Regular FICIAL ZONING City Council Meeting MAP; PRESERVING to be held in the City ALL OTHER POR- Net Amount: $103.68 Council Chambers of TIONS OF THE Town Hall, 1400 Main ZONING ORDI- Street, Southlake, NANCE; DETER- Texas. MINING THAT THE Purpose of the public PUBLIC INTEREST, hearing is to consider MORALS AND GEN- the second reading of, ERAL WELFARE the following ordi- DEMAND THE ZON- nance: ING CHANGES AND ORDINANCE NO. AMENDMENTS 480-4b4 HEREIN MADE- AN ORDINANCE PROVIDING THAT AMENDING ORDI- THIS ORDINANCE NANCE NO. 480 AS SHALL BE CUMU- AMENDED, THE LATIVE OF ALL COMPREHENSIVE ORDINANCES; ZONING ORDI- PROVIDING A SEV- NANCE OF THE CITY ERABILITY CLAUSE; OF SOUTHLAKE PROVIDING FOR A T TEXAS; SING GRANTING NGE PENALTY FOR VIO- ON A CERTAIN LATIONS HEREOF; PROVIDING A SAV- TRACT OR TRACTS INGS CLAUSE LAND THE S THE CITYWIT OF PUBLICATION FOR SOUTHLAKE TEX- THE OFFICIAL Count AS BEING LEGALLY NEWSPAPER; AND DESCRIBED AS PROVIDING AN EF- TRACTS 2E1 AND FECTIVE DATE. 2E2 SITUATED IN SECTION 7. Before THE J. GIBSON Any person, firm or State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator SURVEYfor thf STRACT' NO. 9B-1 latesodisoben ys,omits, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that tt AND BEING 2.E neglects or refuses to ished in the ye named paper on the list d tes: BIDS ez LEGALS DEPT. STAR TELEGRAM ACRES, AND MORE comply with or who (617) FULLY AND C DE- mentsofthanye of rthe SCRIBED IN EXHIBIT not monsre of this or- "A" ned a\.....kAK-) ._ cu. ! --� FROM "AG" AG- dinance shall be fined BICULTURAL TO"S- not more than Two P-1"DETAILED SITE Thousand Dollars PLAN DISTRICT ($2,000.00) for each WITH "0-1" OFFICE offense.Each day that SUBS( DISTRICT USES TO a violation is permitted Friday,Augus 3 , 002. INCLUDE USES T - to exist shall constipermitted - TICS TRAINING! Lute a separate of • - CENTER AND tense. DANCE TRAINING!City of Southlake Mary Public CENTER, AS DE- Kim Bush PICTED ON THE Acting City Secretary APPROVED SITE _ - CHRISTY L.HOLLAND r tt "i • ,ti MY COMMISSION EXPIRES M Thank You For Your Payment `'rort`` JULY 31,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 218065561 Invoice Amount: $103.68 PO Number: Amount Enclosed: � . ___ _ 1