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480-445aOFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-445a 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 9 - 12, L.B.G. HALL NO.686 ADDITION; AND BEING 4.008 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" 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 "S-P-1" Detailed Site Plan District With "0-1" Office District uses 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 Lots 9 - 12, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet 'A', Slide 10111, Plat Records, Tarrant County, Texas, and being approximately 4.008 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District With "0-1" Office District uses to "S-P-1" Detailed Site Plan District with "0-1" 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. Accepting the proposed revisions to the original "S-P-1" zoning and development Page 3 regulations: a. Allow a four (4) foot side yard setback on Lot 11; b. Modify the parking ratio from 1 space per 246 square feet to 1 parking space per 283 square feet of professional office space; 2. Specifically not approving the sidewalk waiver; 3. Accepting the applicant's agreement to install the four foot sidewalk as earlier discussed; 4. Changing the west exit to an emergency exit only and allowing the applicant to add a door on the north elevation; 5. Removing the bank carport and other carports shown in red on the plan; 6. Allowing the applicant to add non -reflective metal on the carports for shelter with appropriate screening and trim; 7. Requiring the applicant to add lattice work to the ends of the carports; 8. Requiring the applicant to add berms similar to the existing berms including dwarf Buford hollies to be planted; 9. Requiring the applicant to screen a/c equipment along F.M. 1709; 10. Stipulating that the applicant change all trees to a minimum of four inch caliper in size; 11. Subject to the following in Site Plan Review Summary No. 4, dated May 30, 2007: a. The required interior landscape area square footage shown in the interior landscape summary chart is incorrect. Based on 50% of the proposed building footprint, the required interior landscape area is 5,220 square feet. Please adjust the interior landscape area and plant material calculations within the interior landscape summary chart as for the proposed phase of development. 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 Page 4 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 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. Page 5 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 1st reading the 5th day of June, 2007. ATTEST: Pau 'i SECRETARY 50....... �i'�:% U Z vj PASSED AND APPROVED on the 2nd reading the 19th day of June, 2007. YOR ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: 6 .Iq-67 EFFECTIVE: (p-22-07 Page 7 EXHIBIT "A" Being Lots 9 - 12, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet W, Slide 10111, Plat Records, Tarrant County, Texas, being approximately 4.008 acres. Page 8 EXHIBIT "B" BLAKE ARCHITECTS 1202S * White Chapel R(?,ad - Suite. A Southlake, Texas 76092 817-488-9397 May 29, 2007 Shady Oaks Offices 606 W. Southlake Blvd. Southlake, Texas 76092 Case No: #ZA07-030 S-PrI. ZONING 1. PERMITTED USES This property shall be limited to the permitted uses as found in the "0-0 P Office District as described in Section 18 of the comprehensive Zoning Ordinance No. 480, as amended 2 DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for, the "0- 1" Office District, and all other applicable regulations with the following exceptions. A COVERED PARKIN A maximum of 25 parking spaces shall be permitted to be covered by a landscape arbor as shown by the attached site plan. 4 covered parking spaces shall be allowed to encroach into the 40' building line on the north side of the property., 2l'-3" shall be the minimum setback for these spaces to the adjacent property line. A wood trellis is proposed in lieu .of pitched roofs for all covered parking 0-29-07 11 :48 RCVD Page 9 B SCREENING An 8' screen of evergreen material is proposed to replace the 6' wood fence required along the north and west; property lines. C FUTURE BUILDING All buildings, proposed and future, will be similar in architectural style and materials. D. PARKING RATIO The proposed parking shall be one space per 283 square feet to satisfy the professional office building use E. BUILDING HEIGHT RESTRICTION The architectural tower of Building "C' shall be exempt *orn height restrictions F. SIDE YARD SETBACK • A minimum side yard of 4' shall be allowed along the West property line of Lot 1 l G. DRIVE-THRU A covered drive-thru bank canopy shall be permitted on Lot 11. Thank You, &- aij Roger (Skip) Blake Page 10 Revised Site Plan ---------- LU Page 11 Proposed Building Elevations (Building D) 7�r-c k. =3 IMINOW Irraom � i , a pi !d Gy` I`I I J � A i 3 i MIXER[lJ �7.a p&AiYiiE�`8R li � I !iA A, I INN Nn \\� �e �11 ..'� I .ate J �� e■ �e JR� 3 D Rn iil --- _ :Aw ;:.°�ilul ti r bb R ibre°e Ibb � ��ia ��.4.i'tiR �iii d e !I iiii b bb Iul .���a® �.1. � : ii■V f ,ice\ °, iti■ ° � �.:'A!�';"<Ik v^YI Page 12 Tree Conservation Plan Page 13 Landscape Plan Page 14 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn BARRY . LEWIS CITY OF SO AN D THE STATE OF TEXA; County of Tarrant Before me, a Notary P for the Star -Telegram, say that the attached cl TELEGRAM (817) 390-7501 S1 egal Notices CITY OF SOUTHLAKE ORDINANCE NO. 480-445a EN T INVOICE PF av JUL -- 6 2007 ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, 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 (Q?nnn_00) for each Payne, 1 109 Customer ID: CIT57 Invoice Number: 285565991 Invoice Date: 6/22/07 Terms: Net due in 21 days Due Date: 6/30/07 PO Number: pd w/cc Order Number: 28556599 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/22/07 Linage' MU $Rate Amount 109 LINE $0.81 $88.29 RECEIVED J U L 1 0 2007 OFFICE OF CITY SECRETARY CHRISTY L. HOLLAND I .ry = MY COMMISSION EXPIRES July 31, 201)g $88.29 inty and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and lent was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR rHE ZON- j GES AND M E N T S i THAY ;DINANCE E, T1 CUMU- OF ALL .ES; PRO- SEVER - 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: 285565991 Invoice Amount: $88.29 PO Number: pd w/cc Amount Enclosed: _..._._.._.... crca;INVOICE Draft Drily Star -Telegram 400 W. 7TH STREET r— FORT WORTH, TX 76102 L �' L i La (817)390-7761 Federal Tax ID 22-3148254 J U N 1 3 2007 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 ►1 PAYABLE CITY OF CITY OF SOU] Notice is hereby given by the City Council of tL': City Of Southlake, Texas, that a public hearing will be held on June 19, 2007, at 5:00 p.m. or immediately fol- lowing the Work Session, during the Regular City Council meeting to be held in the Ce— Council the public hearing Is to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 480-445a 1N ORDINANCE AMENDING ORDI- NANCENO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE' ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF THE STATE 0 COMPLETELY SCRIBED IN EX County of Tarr; "A" FRDETEODM "S PLAN DIS' WITH "0-1" O Before me, a N DISTRICT USE "S-P-1"' DETj for the Star••Tel SITE PLAN DIS' say that the att DISTRICOT USE TELEGRAM AAPPROVEDON (817) 390-750 PLAN HERETO ATTA ANL CORPORA HEREIN AS EX Customer ID: CIT57 Invoice Number: 284688011 Invoice Date: 6/l/07 Terms: Net due in 21 days Due Date: 6/30/07 PO Number: NO PO Order Number: 28468801 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/1/07 CON- 1 123 123 LINE $0.81 THIS COR- OFFI MAP, ALL 'IONS NINC DE- Net Amount: $99.63 $99.63 THIS ORDINAINLL SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER - ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF, PROVIDING A SA WED INGS CLAUSE;E; PROVIDING FOR PUBLICATION IN THE OFFICIAL UN 6 2007 NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. firm v B J-J l Any person, or corporation who vi- 1 olater, disobeys, omits, neglects Or refuses to complyrw-i�� CHRISTY L. HOLLAND with or who resists the enforcement of +% MY COMMISSION EXPIRES. any of the provisions of this ordinance%f '�° duly 31, 2008 ,'r shall be fined not i more than Two Thousand Dollars ' ($2,000.00) for each offense. Each day a violation is ithat shall it ed Isle, this day personally appeared Deborah Baylor, Bid and Legal Coordinator stoute c tv of so hlake at Fort Worth, in Tarrant Cowity, Texas; and who, after being duly swcrn, did depose and Lori Payne City Secretary shed in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR I' P P j� SUBSCRIBED AND SWORN TO BEFORE ME, TI- Thank You For Your Payment ----------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 284688011 $99.63 NO PO INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To -- CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE CITY OF SOUTHLAKE ORDINANCE NO THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said Count) for the Star -Telegram, published by the Star-Teleg that the attached clipping of an advertisement was (817) 390-7320 SUBSCRIBED AND SWORN TO BEFORE ME, . Thank You For Your Payment ----------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76 Customer ID: CIT57 Invoice Number: 258849701 Invoice Date: 8/5/05 Terms: Net due in 21 days Due Date: 8/31/05 PO Number: 40207 Order Number: 25884970 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 8/5/05 Net Amount: ti;r r� CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2008 $91.53 $91.53 nally appeared Lisa Wesselman, Bid and Legal Coordinator in Tarrant County, Texas; and who, after being duly sworn, did depose and say arged,paper on the listed dates: BIDS a LEGAL DEPT. STAR TLEGRAM j lates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the this or- Customer ID: CIT57 provisions of dinance shall be fined not more than Two Thousand Dollars Customer Name: CITY OF SOUTHLAKE ' 2,000.00) for each offense. Each day that a violationispermitted Invoice Number: 258849701 to exist shall consti- tute a separate of- fense- Invoice Amount: $91.53 PASSED AND AP- PROVED THIS THE 2nd DAY OF AU - PO Number: 40207 GUST 20RO DUR- ING 1'HE REGULAR CITY COUNCIL Amount Enclosed: MMEETING. AYOR: Andy Wambaganss ATTEST: Lori Farwell, City Secretary