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480-741CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-741 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 2R, BLOCK 1, SOUTHLAKE CROSSING, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.55 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT 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 "C-3" General Commercial District under the City's Comprehensive Zoning Ordinance; and, Ordinance No. 480-741 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 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 Ordinance No. 480-741 Page 2 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 described as Lot 2R, Block 1, Southlake Crossing, an addition to the City of Southlake, Tarrant County, Texas, being approximately 5.55 acres, and more fully and completely described in exhibit "A" from "C-3" General Commercial District to "S -P-1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the Ordinance No. 480-741 Page 3 following conditions.- Approved onditions: Approved subject to the Staff Report dated April 24, 2018 and Site Plan Review Summary No. 3 dated March 19, 2018, and noting the following: a) Subject to the 1St reading motion: Council is incorporating the applicant's landscape plan to enhance and maintain existing landscape, including an irrigation system. In addition, the applicant has agreed to focus additional efforts in expanding the three parking islands indicated in tonight's discussion, by removing approximately 12 spaces, divided evenly between those islands, and will add one tree to each of those expanded islands-, and as part, Council will reduce required parking spaces to 285. See image below b) Also, noting there will be no activity as to employees parking at the back side of the building. c) And, noting the hours of operation will close Sunday through Thursday no later than 8 PM and on Friday and Saturday no later than 11 PM. Koo r=.uexr %.et wc, i iaawcr r< m o p#fgi tat $i iit.as fafi ZL- T— 1 2%1 3j a 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 Ordinance No. 480-741 Page 4 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 Ordinance No. 480-741 Page 5 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 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 it 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. Ordinance No. 480-741 Page 6 PASSED AND APPROVED on the 1St readingth 17th day of April, 2018. io\ MAYOR ATTEST: t CITY SECRETARY **It PASSED AND APPROVED on the 2nd reading t e 1St day of May, 2018. ►�1gl�iit„�'�S_ MAYO APPROVED AS TO FORM AND LEGALITY: el c\" CITY ATTORNEY/, DATE: / ADOPTED: -5/11woa EFFECTIVE: �vyb0/0 ATTEST: CITY SECRETARY �— Ordinance No. 480-741 Page 7 EXHIBIT "A" Being a 5.552 Acre tract of land situated in the W.R. Eaves Survey, Abstract Number 500, Tarrant County, Texas, in the City of Southlake, being all of Lot 2R, Block 1, Southlake Crossing Phase 1, an addition to the City of Southlake according to the Plat recorded in Cabinet A, Slide 1613, Plat Records of Tarrant County, Texas, also being the same tract of land described in the deed to ABS TX Investor LP, recorded in Document Number D206219063, Deed Records of Tarrant County, Texas. Ordinance No. 480-741 Page 8 EXHIBIT "B" Site Plan Ordinance No. 480-741 Page 9 EL ; , ) � 2 m a a k o 0 ] \\ {\ ] n i ; ; mo« /Qƒ \{ �k� �{ § 22 �\k/ \§ [2» §> # a. /§ M" ] J tCL o § } m `^ �/� � ) �m o/ / ] O / ! & E « ; \qƒ _� �[Q ƒK « M { )�ƒ [ ;a\ \] \i2. /\\ / � ; ,g ©:� @I � 0, 0 0} ®� ) ƒ� \ o -E La LA / { a . _0 2) mCu Cr �� `} &0k ^ «f 0- 0 f[§ » %§ƒ � ( E/} ° / ] 7 ) S- 4 ZomnORe malon k ¢ \ Ordinance No 480-741 Page «o [ m E I / - Cu a i ; o \ / 0 \ / / 2M w E ® $ 0 2 = 7 ƒ a 2 I ; d n [ £ m AA m3 } ( / 0 \ ArD k ¢ \ Ordinance No 480-741 Page «o [ m E I ( - Cu a i ; o \ / 0 \ / 2M w ) m 7 a 2 tAK AA k ¢ \ Ordinance No 480-741 Page «o Landscape Plan N 515i'zz:: N Z c7 N n Ordinance No. 480-741 Page 11 X Approved Landscape Plan Indicating the three landscape Islands to be expanded (see motion for details) IIJ� IL } r F Ordinance No. 480-741 Page 12 Star-Telegra-ut MEDIA Arlington Citizen -Journal I The Keller Citizen 1 La Estrella Mansfield News -Mirror Star -Telegram Northeast I Weatherford Star -Telegram star4tIll"Mm.com 1606 Throckmorton St. I Ft Worth, Tx. 76102-6315 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. .. .... PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE AME Sw-Tele BILLING PERIOD 04/11/2018 CITY D 2 OF SOUTHLAKE 9A7ERM6 OF rr Star -Telegram - Advertising TOTAL AMOUNT DOE 3 Upon Receipt PO BOX 51847 $204.92 Livonia, MI 48151 *** MEMO INVOICE *** Star -Telegram Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 Fed ID# 26-2674582 MEMO INVOICE 23 TOTAL AMOUNT DUE $204.92 ADVERTISER INFORMATION SALES REP BILLM PERIOD BIL ACCOUNT NUMBER 7 ADVERTISERCCLIENT NUMBER 2 ADVERTMERICUENT AAME - Advertising Dept 04/11/20 600637 600637 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star -Telegram Star -Telegram - Advertising CITY OF SOUTHLAKE PO BOX 51847 1400 MAIN ST Livonia, MI 48151 STE 440 APR 16 2018 Billing: Contact Sales Rep. Credit: Email SOUTHLAKE, TX 76092-7604 ssocreditandcollections@ff=latchy.00m Payment is due upon receipt TIM SaI o to Lsj BILLED L7 TIMES W tSTART to tt NEWSPAPER 12 14 PRODUCT SAU SIZE UNITS RUN RATE AMOUNT DESCRIPTION STOP REFERENCE Telegram I x 147 L 147 1 $1.36 $199.92 03129 03!29 0003590583 21800121,21800121 0=9 03129 0003590503 21800121,21800121 Upsell ST.Com 1 x 147 L 147 1 $0.03 Invoice Total . $5.00 $204.92 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. .. .... PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE AME Sw-Tele BILLING PERIOD 04/11/2018 CITY D 2 OF SOUTHLAKE 9A7ERM6 OF rr Star -Telegram - Advertising TOTAL AMOUNT DOE 3 Upon Receipt PO BOX 51847 $204.92 Livonia, MI 48151 *** MEMO INVOICE *** Star -Telegram Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 STATE OF TEXAS COUNTY OF TARRANT CITY �UT IMVMtWN0Ts (iFmeherd, given to all in Verson that the Cit; of Southlake, Texas, will consid er the following items in th4 Council Chambers at Town Hall 1400 Main Street, Southlake Texas for The city Coilr t, t on Tuesday April 17;:2018 at 5:30 p.m. wiz hold a public hearing and consid er: • Ordinance No. 480-548A (ZA17• 100), 2nd Reading, ZonlnS Change and,Conc PIM #or property descri ed as Let! 2R11 211Z' `and 3111, Black 1, Lane, '5outnlaKe, Texas 'Current Before e, a Notary Public in and f r said County and State, this day PS -P-2'1 Generalized S lan' District 'Proposed Z "5 P 2 Generalized personally appeared , Advertising Repres,d#0 1. District SPIN Neigh for the Star -Telegram, published by the Star -Telegram, In . at Fort Worth, in Tarrant County, Texa: • Resolution No. 18 012. tA 8- distributed in other surrounding Counties; and who, after being duly sworn, did dispose and say that 0 15*1f,e�Use Permit for a following clipping of an advertisement was published in the above named paper on the following da Commercial oh prroopertY�t edsL ion &A`�— Signed Subscribed and sworn to before me, this the l day of M ij I LA.A 20%_ 1N Notary Public _'� Tarrant County, Texas DEBORAH JEAN 13AYLORan a ditilort to the �P,..., e . Seathiake, Tarrant„ Cel _20:: �f :Notary Public, State of Texas Turas and tocated at=1961. W. 3vaE :es Comm. Expires 10-29-2019 03twood Blwd, Sou tiaice, Texas Current Zo 'i�im����� Notary ID 13042344 Z PUD" Non-ae5fdential Wt Development , posed Zoningg: "S P 2 rzed: Site Plan District, -5M Neighborhood #1. Ordinance.l (ZA18- - - rveornoua {Fa: • ZA17-i02 Site Plan to a variance to the MasoU nance.�No..557„as ame Shuck'Meon property°' as Lot 1 StocK' 1„ 5 tion to the City of .So, t a e, Tart County; Texas and 11 - at -5 , andoUMilt, Ave outhlake'"Texas Current %4 `Local Retall;Com- 6Ptrict., SPIN Neighbor- • Inance No.'480 739 (ZA37 oning Cha4ge =and•Site for 545 S. Nolen Dr. on property described as Lot 8,. I M8), Zoning change and Site Plan for Urban Air AdvenWe Park on property described as Let 2R, Block 1, Southlake Crossing, an addition to the City of Southlake, Tarrant County; Texas and located at 2201 W. Southlake Blvd., Southlake, Texas. Current Zoning: "C-3" General Commercial District. Proposed 'Zoning: "S -P-1" De- tailed Site Plan District. SPIN Neighborhood #10. 5-P-1" De- ,trict with uses. SPIN All interested persons are urged to attend. City of Southlake Carol Ann Borges, TRNIC ri-Z e.. --..i--..