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480-422cI, Y OFFICIAL RECORD ORDINANCE NO. 480-422 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 A PORTION OF TRACTS 2E2, 2E5, 2E6, 2E9B, AND 2E14, SITUATED IN THE T. EASTER SURVEY, ABSTRACT NO. 458, AND BEING APPROXIMATELY 0.972 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES TO INCLUDE PARKING AS A PERMITTED PRINCIPAL USE, 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 "C-3" General Commercial 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 fi)llowing 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 fi~cilities 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 inwnediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; Iocalion 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 faci}ities; 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 Page 2 reqnires 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 mmsportation, 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 OFSOUTHLAKE, 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 a portion of Tracts 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter Survey, Abstract No. 458, and being approximately 0.972 acres, and more fully and completely described in Exhibit "A" from "C-3" General Commercial District to "S- Page 3 P 1" Detailed Site Plan District with "C-3" General Commercial District uses to include parking as a permitted principal use as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific cnnditions 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 reasouable 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. Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shalI not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances am 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 lhe 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 Page 5 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 tbrfeimre 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 15th day of July, 2003. ATTEST: C~TY SECRETARY PASSED AND APPROVED on the 2nd reading the ~3b day of [~tm~J,~4 }¢IAYOR ~' Page 6 APPROV~ FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Being a portion of Tracls 2E2, 2E5, 2E6, 2E9B, and 2E14, situated in the T. Easter Survey, Abstract No. 458, and being approximately 0.972 acres. Tro~porat~ (r~Vo0 d¢~t-of-~uy nlOr~unl~lt [o~nd f~ ~omar; 1~-/~'~ k~ u ~autheo~t~ty ulrocttan dang ~'dd City L~it I~ ~d ~o/d ~urvs to th,~ I~[t L~tou~ o c~trd on~o vt 04 g~O. 27 ~/n 59 sec. un ar~ di~t~cw of 19~.0~ (ee~ to a P,'ozo; vast lirJ~ vt ~old 15~ 193~ acr~ ~roct o~d the ~st l/t~ of said Lot L of ~apo~h~ Pla~a a distoaaa of 9J, 18 f~t to lh~ P~,VT ~-~EG~NN~G end c~to~/og 1.02 acres Page 8 EXHIBIT "B" Page 9 Proposed ?ermitted Uses and Development Regulations for the "S-P- 1" Zoning Request Westgate Plaza Uses The proposed permitted uses are to include all "C-3" district uses with an addition to include parking as a permitted principal use. Development Regulations The proposed development regulations are to follow all the development regulations of the "C-3" district with the following exceptions: Bufferyards: Bufferyards along the perimeter site boundary shall adhere to the requirements of Sections 42 & 43, except that: · No bufferyards shall be required along lot lines interior to the site boundary; · No bufferyards shall be required along lot lines adjacent to the City of Grapevine. Page 10 EXHIBIT "C" REGULAR PLANNING AND ZONING COMMISSION MEETING June 19, 2003 Motion was made to approve ZA03-030 subject to Site Plan Review Summary No. 3, dated June 13, 2003; granting requested variance in stacking depth. Motion: Stansell Second: Terrell Ayes: Faglie, Stansell, Terrell, Williams, Murphy Nays: None Approved: 5-(I Motion cltrried. City of Southlake CITY COUNCIL MEETING MINUTES July 15, 2003 Motion was made to approve consent agenda including Items 5A; 5B; 5C; 5D; 5E; to table and to continue the public hearing for item 5F to the August 19, 2003, meeting; to table and to continue the public hearing for item 5G to the September 2, 2003, meeting; 5H; 8A subject to the recommendation of the Planning and Zoning Commission; 8B subject to the recommendation of the Planning and Zoning Commission; 8C; 9A; 9B; and to table 9C to the September 2, 2003, meeting. Motion: Stander[er Second: Evans Ayes: Stephen, Evans, Morris, Standerfer, Wambsganss Nays: None Approved: 5-0 City of Southlake CITY COUNCIL MEETING MINUTES August 5, 2003 Motion was made to approve Ordinance No. 480-422 ( 03-030) 2 Reading, subject to Rewsed S~te Plan Review Summary No. 3, dated August 1, 2003, and subject to P&Z's recommendations. Motion: Potter Second: Morris Ayes: Morris, Potter, Stephen, Shankland, Wambsganss Nays: None Approved: 7-0 Page 11 SITE PLAN REVIEW SUMMARY Case No.: ZA03-030 Revised Review No.: Three l:'rojecI Name: Site Plan - Westgate Plaza (Grapevine) Date of Review: 08/1/03 APPLICANT: Phone: Fax: ENGINEER: Pate Engineering Jay Marsh 8150 Brookriver Dr, Suite S-700 Dallas, TX 75247 Phone: (214) 357-2981 Fax: (214) 357-2985 CITY STAFF HAS REVIEWED TIlE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/02/03 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 EURTIIER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential At[jacency N N/A Building Articulation N N/A Masonry Standards N N/A Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape N N/A Driveways Y See Comments No. 1 Lighting Y Must comply with Outdoor Lightning Ordinance No. 639-B The site requires a minimum of 150' of stacking depth. The plan shows 38' of stacking for the west drive and 50' on the east drive. (A variance has been requested.) INFORMATIONAL COMMENTS An 8' multi-use trail is required along SH 114. Any part of the trail proposed on the subject property nmst be contained entirely within a pedestrian access easement. The proposed site does not exceed the maximum permitted impervious coverage area percentage of 75% for the "C-3" Zoning District. The applicant is proposing a maximum impervious coverage of 57% for the site. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Page 12 The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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. A permit from TxDOT must be obtained prior to any curb cut along SH 114. Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Page 13 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 229850271 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/20/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22985027 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/20/03 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 2E6, 2E9B, AND THE OFFICIAL 1 3 1 LINE $7.09 $928.79 2E14ND THE ' T. EASTER PROATED IN VIDING NEWSPAPER; - SURVEY, AB- FECTIVE DATE. Sales Discount STRACT NO. 458, SECTION 7. ($753.25) AND BEING AP- Any person, firm or PROXIMATELY 1.02 corporation who vio- ACRES, AND MORE lates,disobeys,omits, FULLY AND COM- neglects or refuses to PLETELY DE- comply with or who SCRIBED IN EXHIBIT resists the any enforof the ce- "A" COM, provisionsaof this or! Net Amount: $I75.54 MERCIAL DISTRICT dinance shall be fined TO "S-P-1" DE- not more than Two TAILED SITE PLAN Thousand Dollars DISTRICT WITH "C- ($2,000.00) for each 3" GENERAL COM- offense.Each day that MERCIAL DISTRICT a violation is permitted — USES TO INCLUDE to'.exist shall consti- CITY OF PARKING AS A tute a separate of- SOUTHLAKE PERMITTED PRIN- tense. Notice is hereby given CIPAL USE, AS DE- City of Southlake by the City Council of PICTED ON THE Lori Farwell (� '- the City of Southlake, APPROVED SITE City Secretary D E �r Eli _�'.� Texas. that a public PLAN ATTACHED - yJ ; hearing will be held HERETO AND IN- --- 1 �' on August 5,2003, at CORPORATE D 6:00 p.m. or immedi- HEREIN AS EXHIBIT ately following the "B" SUBJECT TO Work Session, during THE SPECIFIC RE- I I, the Regular City QUIREMENTS CON- AUG 8 LL�IU. Council Meeting to be TAINED IN THIS held in the City ORDINANCE; COR- Council Chambers of RECTING THE OF- Town Hall,1400 Main FICIAL ZONING Street,• PurSouthlake, 00se of i e MAP;L OTH PRESERVING OFFICE OF CITY SECRETARY THE STATE OF TEXA public hearing is to TIONS OF THE County of Tarrant consider the second ZONING ORDI- reading of the fol- NANCE; DETER- lowing ordinance: MINING THAT THE ORDINANCE NO. PUBLIC INTEREST, Before me, a Notary Pt 480-422 MORALS AND GEN-ersonally appeared KAREN WILLIAMS, Bid and Legal Coordinator AN ORDINANCE ERAL WELFARE for the Star-Telegram, AANCE MENDING. 480 ORADI-S DING CHANGEST EMAND ZAON-'th, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clippi AMEN REDHENSIHEVE HEREIN EIN D M NM T ✓e named paper on the listed dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM (817) 390-7182. ZONING ORDI- PROVIDING THAT NANCETEXAS' RAN ITY THIS ORDINANCuoLokaAjt.A.) OF SOUTHLAKE, SHALL BE CUMU- TEXAS' GRANTING LATIVESHALL OF ALL A ZONING CHANGE ORDINANCES; ON A CERTAIN PROVIDING A SEV- TRACT OR TRACTS ERABILITY CLAUSE; SUBSCRIBED AND SINTTHE LANCIT WIT OF PENNALDTIY FOR VIO-'t 0 2Q0,. SOUTHLAKE TEX- LATIONS HEREOF; / i AS BEING LEGALLY PROVIDING A SAV- DESCRIBED AS A INGS CLAUSE_; ' / PORTION OF PROVIDING FO TRACTS 2E2, 2E5, PUBLICATION IN — , �� �'� �, / — - I to , p . CHRISTY L.HOLLAND Thank You For Your Payment `*4 1 MY COMMISSION EXPIRES Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 229850271 Invoice Amount: $175.54 PO Number: Amount Enclosed: