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PZ Item 12 - Ordinance No. 480-542BCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-542B 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 TRACT 3, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A" FROM S -P -1" DETAILED SITE PLAN DISTRICT 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 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 and 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, 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 Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being approximately 2.887 acres, and more fully and completely described in Exhibit A" from "S -P -1" Detailed Site Plan District 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: Approved subject to the staff report dated November 24, 2014 and granting the variance to the driveway ordinance for stacking depth and accepting the drawings as presented tonight for the elevations (Exhibit B); including the revised list of uses (Exhibit B); noting that the compounding pharmacy, if developed, will only be allowed in Building 'B' and will only use 50% of the square footage of that building; noting that the 8 to 10 foot reference is only pertaining to the canopy trees; and including the revised development regulations (Exhibit B) noting the hours of operation and clarifying that those hours are the hours open to conduct business and not the hours the business owner may use his /her space. 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 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 post the proposed ordinance in its entirety on the City website 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 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 1' reading the 2" day of December, 2014. CLt4L MAYOR ATTEST:0 )TH1-1/r'•. p etA O Iv CITY SECRETAR z PASSED AND APPROVED on the 2 reading the 6th day of January, 2015. ,,, ;; :„ ,,,,,,,,, MAYOR ATTEST:r 0 , t12A. A ._ • D tix CITY SECRETAR v°v APPROVED AS TO FORM AND LEGALITY: 0 p CITY ATTORNEY r ' DATE:4.S T ADOPTED: J & uittj i 0a0/5 EFFECTIVE: i u.p, j 9/ 020!5— EXHIBIT "A" Being Tract 3, situated in the W.W. Hall Survey, Abstract No. 687, and being approximately 2.887 acres and more fully described as: BAIRD, HAMPTON & BROWN. INC. Eji 111/ EI ENGINEERING & SURVEYING METES & BOUNDS DESCRIPTION BEING all of that certain tract of land situated in the W. W. Hall Survey, Abstract No. 687. and the John H. Stevenson Survey, Abstract No. 2040, City of Southiake. Tarrant County, Texas conveyed to Southlake Project Group, LP. according to the Warranty Deed recorded In Instrument No. D208187531, Official Public Records. Tarrant County, Texas (O.P.R.T.C.T.) and being more particularly described by metes and bounds as follows (Basis of bearing being State Plane Grid - Texas Central Zone (4202) NAD83 as established using GPS technology in conjunction with the Texas RTK Cooperative Network.): BEGINNING at a found 5d8 inch Iron for the southwest corner of said Southlake Project Group Tract also being in the east One of Lot 13. Block 6. The Second Installment Diamond Circe Estates, an addition to the City of Southlake according to the plat thereof recorded in Volume 388 -181, Page 69, Plat Records. Tarrant County. Texas (P.R.T.C.T.I. in the north right- of-way line of East Southiake Boulevard (F.M. Highway No. 1709 Variable Width Right -of -Way: THENCE North 00°04'19" East with the common line between said Southlake Project Group Tract and said Lot 13, at a distance of 173.08 feet passing the northeast corner of said Lot 13. also being the southeast comer of Lot 148, Block 6, The Second Installment of Diamond Circle Estates, an addition to the City of Southlake according to the plat thereof recorded in Volume 388 -192, Page 35.O.P.R.T.C.T.. continuing with the common lire between said Southlake Project Group Tract and said Lot 14B for a total distance of 354.22 feet to a found 1/2 inch iron rod for the northwest corner of said Southiake Project Group Tract, also being the southwest corner of Lot B. Block 3, Phase II. Diamond Circle Estates. an addition to the City of Southlake according to the plat thereof recorded in Cabinet A, Side 5195, P.R.T.C.T.: THENCE North 89°59'12" East with the common line between said Southlake Project Group and said Lot 8. at a distance of 175.47 feet passing a found 5/8 inch iron rod for the southeast corner of said Lot 8. also being the southwest corner of Lot 7. Block 3 of said Phase II, Diamond Circle Estates, continuing with the common line between said Southlake Project Group Tract and said Lot 7, for a total distance of 350.48 feet to a found 112 inch iron rod at the northeast corner of said Southiake Project Group Tract also being southeast corner of said Lot 7 In the west line of Lot 6. Block 3, of the aforesaid The Second Installment Diamond Circle Estates, recorded in Volume 388 -181. Page 69. P.R.T.C.T.: THENCE South 00°00'52" West with the common line between said Southlake Project Group Tract and said Lot 6, at a distance of 80.92 feet passing a found 112 inch iron rod for the southwest comer of said Lot 6, also being the northwest corner of Lot 1. Block 3, The First installment Diamond Circle Estates. an addition to the City of Southlake according to the plat thereof recorded in Volume 388 -177. Page 7. P.R.T.C.T., continuing with the common line between said Southiake Project Group Tract and said Lot 1 for a total distance of 359.18 feet to the north right-of-way line of the aforesaid East Southlake Boulevard: THENCE with the common ine between said Southlake Project Group Tract and said East Southlake Boulevard and a non - tangent curve to the right having a central angle of 03°32'58 ", a radius of 5664.58 feet. an arc length of 350.93 feet and a chord which bears North 89°12'10" West. a distance of 350.87 feet to the POINT OF BEGINNING and containing 125,716 square feet or 2.886 acres of land. more or less. 1550SH 350. Ste 1i30, arapewre,' 76%1 I Tel 517- 251 -955mi Fax : 617 -231 -9610 TbPE Fir, i h44 I MIS Firm 010011302 { fr iivr.bhbinc.ccm EXHIBIT "B" BAIRD. HAMPTON & BROWN, INC. s - B ENGINEERING &SURVEYING Southlake Villas SP -1 Regulations Permitted Uses and Development Regulations: We are proposing the following Permitted Uses and Development Regulations for the property, as follows: Permitted Uses: This property shall be limited to the uses found in the '0-1" Office District, as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended, with inclusion of the following uses: 1. General Medical Practice 2. Out - Patient Surgery 3. Medical Specialists 4. Physical Therapy 5. Compounding Pharmacy 6. Audio Therapy 7. Speech Therapy 8. Other supporting health service uses similar in nature and character Development Regulations: This property shall be subject to the normal development regulations contained within the respective sections of the Comprehensive Zoning Ordinance No. 480, as amended, to include the following: 1. To allow Building B to encroach 15' within the 50' Building Setback along Southlake Blvd. 2. To allow the proposed materials within the bufferyard as provided on the site plan buff eryard summary chart. 3. To allow existing tree cover to be preserved at a minimum of 7.9% (3,612 sq. ft.) 4. Site lighting shall be consistent with the Site Photometric Plan, providing near zero light at property lines adjacent to residential properties, and a maximum light pole height of 20'. Furthermore, site light poles shall be equipped with motion sensor switches. 5. The two southern buildings, A and B, shall be medical use; and the two northern buildings, C and D, shall be general office use. 6. All trees immediately adjacent to residential properties shall be Evergreen consistent with the Landscape Plan. 7. Tenant leases shall specify normal business hours of 8:00 am to 5:00 pm Mon. thru Fri., and 8:00 am to 12:00 pm Sat.; however, offices may open as early as 7:00 am, and close as late as 6:00 pm Mon. thru Fri. and 2:00 pm Sat. 8. No Urgent Care or Emergency Care uses shall be permitted within the proposed development. 9. No uses with drive -thru operations shall be permitted within the proposed development. Variances Requested: This property shall be subject to the normal development regulations contained within the respective city ordinances with the following requested variances: 1. Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 75 feet at this location. Requesting a variance to allow a forty -two (42') foot stacking depth for the proposed access drive to E. Southlake Blvd. (FM 1709). 4550 SH 360, Ste 180, Grapevine, Texas 76051 I Tel: 817 - 251 -85501 Fax: 817 - 251 -8810 TBPE Firm #44 I TBPLS Firm #10011302 I www.bhbinc.com I I I mAill.,,,,,,y.a. I I 1 Ir. IL... 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