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480-426 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-426 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 LOT A, BLOCK C, BRIARWOOD ESTATES, PHASE 1, BEING APPROXIMA TEL Y 1.052 ACRES, AND MORE FULL Y AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL 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 PENAL TY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSP APER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South lake, 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 ] ocati on and use ofbuildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the puhlic health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail Commercial District 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 CounciJ of the City ofSoutWake, 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 ofthe 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 faci]ities; and, WHEREAS, the City Council of the City of South lake, 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 SoutWake, 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 fITe, 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 oftransportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City ofSoutWake, 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 ofland were origina]]y classified and therefore feels that the respective changes in zoning classification for the tract or tracts ofland are needed, are ca]]ed 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] 9th day of September, ] 989, as originally adopted and amended, is hereby amended so that the pennitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot A, Block C, Briarwood Estates, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.052 acres, and more fully and completely described in Exhibit "A" from "C-2" Local Retail Commercial District to "S-P-]" Detailed Site Plan District with "C-2" Local Retail Commercial District uses 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 Council and attached hereto and incorporated herein as Exhibit "C." Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of South lake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use ofthe tract or tracts ofJand herein above described shall be subject to all the appJicable regulations contained in said Zoning Ordinance and all other applicable and peliinent ordinances for the City of South lake, 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 ]and; 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 dcveJopment 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 SoutWake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where Page 4 provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shalJ be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts ofland described herein shall be declared to be invalid, the same shall not affect the vaIidity 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. An rights and remedies of the City of South lake are expressly saved as to any and all violations ofthe provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at thc 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 ofSoutWake 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 ¡iHeen (] 5) 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 additionaJIy 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 South lake. Page 5 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 st reading the 4th day of November, 2003. -/~ ~"\ MAYOR ATTEST: k()~ , CITY SECRETARY '.ASSED AND APPROVED on the 2nd reading the 18th day of November, 2003. ~~-- ~ -'-~. , ATTEST: ~.< (2 ~ CITY SECRET AR Y ~ """"""""" "", 'ÙTHL.c /r "'" " r_O .""'" ~ " , -oJ.o '.' .,A" fð.... * \~ :)..i :»: :1-: :en: :õ\ ¡.~ ..~ '.." ...., ~~ " ."",.. " " " "'I" *"* it """ """ CO" ", "\""""""'1 e."" "TH~/" " (V .., ,.' ~J .,..... ~ " ,,' ,.e' .'.' .;..-:' ,::: èf...' * \~~ ~)..: ~»: :t:~ :en~ :;{)~ ::; -:;". ..:0 ~~, .'.. ...'.f 'r" -e..... ", "4"1". *"*it """ """,""" Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY lHB-D3 ADOPTED: EFFECTIVE:- 11- 8J 03 Page 7 EXHTBIT "A" Being Lot A, Block C, Briarwood Estates, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.052 acres. Page 8 ""l""'" ,... =-"", =""""". 1 I [ . 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"" 'n 'tfI1 '¡, I I I ~, '.1 :~f i~i H.i ¡ "~f ~~~. ~,~, '.,~ î~.,~ ~.~r ~3r "t~, 'tl ~i¡Ð ~~3 ~". ~!i~ ~m f~~' 1fd ~,ií n6' ",! ~ ~¡ " ". lfU d H;U " ,,~-- ! ~" U' ~ J~" U~H ~ :~n ~ ~ ;H ~ 1IÚ n , " , Page 9 I~BLAKE ARCHITECTS 1202 S. V\Thite Chapel Road. Suite A Southlake, Texas 76092 . 817-488-9397 Dr. Marciano Office Complex Proposed Permitted Uses and Development Regulations for "S-P-I" Zoning Permitted Uses This property shaH be limited to the pemntted uses as found in the 'T-2" Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480. as amended. Development Regulations This property shall be subject to the development regulations for the "C-2" Local Retail CommercJal District, and all other applicable regulations with the follmving exceptions: . Covered parking shan be a pennitted accessory use and limited to the J 0 spaces as shown on the site plan. REC'O OCT 06 2003 Page 10 EXHIBIT "c" CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 Motion was made to approve Ordinance No. 480-426, 2nd Reading, subject to Site Plan Review Summary No. 4, dated November 12, 2003, and subject to P&Z's approval; granting requested variances; prohibiting Christmas tree sales, tires, batteries, and other auto accessory saJes; and requiring the screening to be of a plant-type that reaches at Jeast 8 feet within one year. Motion: Second: Ayes: Navs: Approved: Standerfer Evans Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Potter 6-] REGULAR PLANNING AND ZONING COMMISSION MEETING October 23, 2003 Motion was made to approve ZA03-064, subject to Site PJan Review Summary No.4, dated October] 7, 2003; granting variances requested eliminating the folJowing "C-2" uses: Christmas tree sales; tires, batteries, and other automobile accessory sales. Motion: Second: Ayes: Nays: Approved: Stansell Kulpinski StanseIJ, KuJpinski, Williams, Springer, Edmondson, Vaughan, Terrell None 7-0 Page 11 SITE PLAN REVIEW SUMMARY Case No.: ZA03-064 Revised Review No.: Four Date of Review: 11/12/03 Project Name: Site Plan - Dr. Marciano Office Complex ----------- APPLICANT: Dr. Marciano -- --~ -- ------- ARCHITECT: Blake Architects Skip Blake 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Phone: (817) 488-9397 Fax: (8]7) 251-3205 -------- -- ----------------- - ----- ---- Phone: -- ---- - -~-- --- - ------ ._--~_.- Fax: CITY STAFF HAS REVIEW ED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/06/03 AND WE OFFER THE FOLLOWfNG STIPULATIONS. THESE STIPULA TJONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROV AL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (8]7) 48]-2086. G ID I t St d d A r c t Jenera eve opmen an ar s ,pplies ommen s Corridor Overlay Regulations Y Comp]ies Residentia] Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies - Rufferyards Y Complies ] nterior Landscape Y Complies Driveways Y See Comment No. ] lighting Y Must comply with Outdoor Lighting Ordinance No. 693-B 1. Commercial, muJti-family, and service driveways shall not be permitted on colJector or local streets unless the tract or Jot has no other public access. (A variance has been requested.) 2. Provide the required number of parking spaces. (A variance for a 10% reduction in the required number of parking spaces has been requested). 3. An access easement recorded with Tarrant County must be provided for the common access drive prior to issuance of a building permit. 4. Provide an 8 foot screening device meeting the requirements of Ordinance 480, Section 39, as amended, along the north property line. Page 12 INFORMATIONAL COMMENTS * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 70% for the "C-2" Zoning District. The percentage of this site is approximately 67%. * This property lies within the 65 LDN DIFW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a buiJding permit 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 S.H. 114. * Please be aware that any change oftenanUowners with a request for a new c.0. 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: 234103041 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/02/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/2003 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23410304 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/02/2003 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 1 35S0 I 123 123 LINE S7.46 $918.12 CITY OF SOUTH- LAKE Sales Discount Notice is hereby given by the City Council of ($753.30) the City of Southlake, Texas, that a public hearing will be held on November 18, 2003, at 6:00 p.m. or immediately following the Work Session, Net Amount: $164.82 during the Regular City Council Meeting to be held in the City _ Council Chambers of --- Town Hall, 1400 Main _ _ Street, Southlake, --_ -`_ r h', Texas.Purpose of the l public hearing is to ,i _ '_� _-_ consider the second consider of the fnd u ORDINANCE NO. 480-426 ;i,q I "7 �(11!`;,3 AN ORDINANCE V I AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'THE COMPREHENSIVE ZONING ORDI- OF CITY SECRETARY OFNCESOUTHLAKE OFFICE A ZONINTEXA ; G CHANGE THE STATE OF' TRACT OR TRACTS County of Taman TORE LA CIT WITHIN OF SOUTHLAKE TEX-' AS BEING LEGALLY Before me,a Not DESCRIBED AS LOT I County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator A A..WOOD ECK ST BRI- for the Star-Teleg ESTATES' PHASE 1 BEING ar-Telegram,Inc.at Fort W h, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached APPROXIiv1ATELY lent was published\OR THE INTERNET in the above named paper on the listed dates: BIDS at LEGAL DEPT. STAR TLI MORE AFULLY ANDA COMPLETELY DE- (817) 390-757. SCRIBED IN EXHIBIT . A" FROM "C-2" LO- CAL RETAIL COM- MERCIAL DISTRICT TO "S-P-1" DE- Signed TAILED SITE PLAN DISTRICT WITH "C- SUBSCRIBED Ali 2" LOC CIA10E DAIS-E ME, THIS Friday,November 0 2003. • TDEPICTED T US ON THE APPROVED SITE PLAN ATTACHED Notary Public HERETO AND IN- CORPORATED t�* vie. VICKI L.WASON HEREIN AS EXHIBIT l',_i°W' 6c:- 'B" SUBJECT TO a` THE SPECIFIC RE- .I`i `j MY COMMISSION EXPIRES Thank You I QUIREMENTS CON- °i.6' �s TAINED IN THIS'lent -`14--,.14,;*` AUGUST 28,2004 ORDINANCE; COR- RECTING THE OF- -— — — FICIAL ZONING - MAP: PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE, i PUBLIC Remit To: MORALS AND REST Customer ID: CIT57 ERAL WELFARE i DEMAND N- NG CHANGESZAND Customer Name: CITY OF SOUTHLAKE AMENDMENTS I PROVIN DING M THAT 'X 76101-2051 Invoice Number: 234103041 THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL Invoice Amount: $164.82 ORDINANCES; PROVIDING A SEV- ERABILITY PO Number: CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF;PROVIDING A SAV- Amount Enclosed: $ PROVIDING LA FOR. PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- -FCTIVE DATE. SECTION 7 person, firm or oration who vio- ................................... ............................._.: ................................... INVOICE ; >`' Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 234815301 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/21/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/2003 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23481530 STE 440 Sales Rep: 073 SOUTHLAKE. TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/21/2003 ' : ti dOtiO1It €giii1D011 . ILinage M ' Rate. All tOtt at CITY OF SOUTHLAKE ORDINANCE NO I3580 1 111 111 LINE $0.81 $89.91 ' CITY OF SOUTH- LAKEORDINANCE NO. 480-426 AN ORDINANCE AMENDING ORDI- Net Amount: $89.91 NANCE NO. 480 AS COMPREHENSIVE ZONING ORDI- OFNCESOFUTHLAKE TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS f� OF LAND WITHIN D i ii i ii (yi i "'1 THE CITY OF IIv_ V L[ - SOUTHLAKE TEX- DESCRIIBED AS LOT A BLOCK C BRI- AIZtWOOD ESTATES, PHASE 1 BEING DEC — 2 APPROXIMATELY 1.052 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT FROM c-2° LO- CAL RETAIL COM- OFFICE OF CITY SECRETARY MERCIAL DISTRICT TO "S-P-1" DE- TAILED SITE PLAN THE ST DISTRICT L WI RETAIL County TRICfT E USES DAS DEPICTED ON THE APPROVED SITE Before r PLAN ATTACHED Id for said County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator HERETO AND IN- for the : HEREIN OAS EXHIBIT I by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say that the "B" SUBJECT TO advertisement was published\OR 0 E INTERNET in the above named paper on the listed dates: BIDS&LEGAL DEPT. . o REIN EMENTSCCONEIS- - toI7) • ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING Si ned ALLTIO OTHER PORE g12.1.422v....... ZONING ORDI- SUBSCR MINING THAT DETER- I BEFORE ME, THIS Tuesday,November 25, 2 - PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- Notary Public ING CHANGES AND •.,, AMENDMENTS i VICKI L.WASON • HEREIN MADE- PROVIDING THAT r MY COMMISSION EXPIRES THIS ORDINANCE Thank SHALL BE CUMU- Payment "?or,„ " AUGUST 28,2004 LATIVE OF ALL , , _ ORDINANCES; . PROVIDING A SEV- ._....M................-...._-- .m............,..—..-....... _ ---^— ERABILITY CLAUSE; , PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; SAV- INGS IDINGCLLA Remit PUBLIEATIGON_ FOIN Tam Customer ID: CIT57 THE OFFICIAL PROVIDINGRANAEFD-)01051 Customer Name: CITY OF SOUTHLAKE FECTIVE DATE. SECTION )RTH TX 76101-2051 Invoice Number: 234815301 Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to Invoice Amount: $89.91 comply with or who resists the enforce- ment of any of the PO Number: provisions o this or- dinance shall be fined not more than Two Thousand Dollars Amount Enclosed: Q ($2,000.00) for each all. offense.Each day that a violation is permitted to exist shall consti- tute a separate of- fense. PASSED AND AP- PROVED THIS THE 18th DAY OF NO- 3-1 , I VnAT3R332 Y1l3 4 °., • I'llanu d e tiejaJoa I -JOB '1S311V �(Pu ssue6sgweAA V -HOAbw