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480-431CITY OF SOUTHLAKE, TEXAS 0MCK RM ORD ORDINANCE NO. 480-431 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 1R2, W. W. HALL NO. 695 ADDITION, LOT 1R, BLOCK 9, SOUTHLAKE TOWN SQUARE, PHASE 1, AND A PORTION OF OLD CARROLL AVENUE, AND BEING APPROXIMATELY 1.98 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S- P-2" GENERALIZED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE A BANK WITH A DRIVE -THRU, 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 -2" Generalized Site Plan 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 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 Lot 1R2, W. W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas, Lot 1R, Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8945, Plat Records, Tarrant County, Texas and a portion of old Carroll Avenue, and being approximately 1.98 acres, and more fully and completely described in Exhibit "A" from "S -P- 2" Generalized Site Plan District to "S -P -1" Detailed Site Plan District with "O -1" Office District uses to include a bank with a drive -thru as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions Page 3 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 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, Page 4 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 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 Page 5 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 17` day of February, 2004. ATTEST: p 5 • .• .. , "\ :0 Cl) • CITY SECRETARY " ** PASSED AND APPROVED on the 2nd reading the 2 nd day of March, 2004. MAYOR ATTEST: zt" - a • e CITY SECRETARY a4` {9d'sd ddFJdf fll ° VA L4k O� • ••'% y . r . .cn= Page 6 APPROVED AS TO FORM AND LEGALITY: EFFECTIVE: ,3 - 5- r� Page 7 ADOPTED: J — 2- M EXHIBIT "A" Being Lot 1 R2, W. W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas, Lot 1 R, Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8945, Plat Records, Tarrant County, Texas and a portion of old Carroll Avenue, and being approximately 1.98 acres. Ow Ww W, M& Urvq- A %wW W V T=M OMwt, Tom VMft Ow 0* IA JIM XW Rd At ens A40J^ aMt to OMW A SV& 4US. iprr+wae as mat M No* T ftat k C*Ud � To n" Ted. *WW MW bW9 im a* o or d al r Page 8 EYMIT "B" In-It 1,23 1 1101— Jill 'jl o C J 1 1.41 N Nl � t,j L twizal Irk 4 F Page 9 LF ON t,j L twizal Irk 4 F Page 9 EXHIBIT "C" CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 2, 2004 Motion was made to approve Ordinance No. 480 -431 (2 °d Reading) ZA03 -060, subject to Site Plan Review Summary No. 4, dated January 30, 2004, as approved by the Planning and Zoning Commission and requiring the dumpster enclosure to be screened with an evergreen holly and requiring the Oncor switch box to be screened with a permanent wall if possible or, if not, with a dense plant material. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6 -0 REGULAR PLANNING AND ZONING COMMISSION MEETING February 5, 2004 Motion was made to approve ZA03 -060, subject to Site Plan Review Summary No. 4, dated January 30, 2004, meeting requirements in comments no. 2 and 3 with the commitment to match the number and size of canopy trees on the east side of N. Carroll Avenue through the N. Carroll Avenue frontage of this site; add raised curb on right out driveway, in accordance with TX DOT and the City Engineer's requirements to further prevent left turn movements; and add tall shrubs around the trash enclosure along street frontage. Motion: Edmondson Second: Vaughan Ayes: Kulpinski, Springer, Edmondson, Vaughan, Stansell Nays: None Approved: 5 -0 Motion carried Page 10 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -060 Review No.: Four Date of Review: 01/30/04 iect Name: Site Plan — Hibernia Bank APPLICANT: Graham Associates, Inc. David Smith 600 Six Flags Drive, Suite 500 Arlington, TX 76011 Phone: (817) 640 -8535 Fax: (817) 633 -5240 ARCHITECT: Oglesby - Holtman Design Matt Holtman 2261 Brookhollow Plaza, Suite 101 Arlington, TX 76006 Phone: (817) 633 -2533 Fax: (817) 633 -2595 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/20/04 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 ORNEED F URTHER CLARiFiCATiON. P .F.ASF. CONTA T BF.N BR RAT (8171481- 086_ General Development Standards Applies Comments Corridor Overlay Regulations Y See Comments No. 2, 3 Residential Adjacency Y See Comments No. 2, 3 Building Articulation Y See Comments No. 2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Proposing a waiver of west bufferyard Interior Landscape Y Complies Driveways Y See Comments No. 1 Lighting Y Must comply with Outdoor Lighting Ordinance No. 693 -B 1. Driveway spacing is 500' from an intersection on Southlake Blvd (FM 1709). The applicant is showing a right - in/right -out drive a distance of 280' from Carroll Avenue. (A variance has been requested.) 2. Provide vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.l.c on the north (rear) facade. The east portion of the wall exceeds the maximum length of 53' by 3'. 3. Correct the label for the trash dumpster enclosure to show a height of 8'. Trash dumpster enclosures are required a minimum of 8' in height. INFORMATIONAL COMMENTS Page 11 * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "O -1" Zoning District. The impervious coverage area percentage of this site is approximately 62 %. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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 F.M. 1709. 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 12 INVOICE , ` Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 238525091 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 03/05/2004 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 03/31/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23852509 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: JEAN .COLEMAN Publication Date: 03/05/2004 w,. _ -�sa. _ `� .:.a?,�ro7�,b.ea.3,.,,w a,�'-- ,,iii) a, a�_ �� ' ,� �� ...ptiloqL �.. �., '� ,, CITY OF SOUTHLAKE ORDINANCE NO I3580 1 115 115 LINE $0.8I $93.15 CITY OFLA SOUTH- KF ORDINANCE NO. 480-431 AN ORDINANCE AMENDING ORDI- Net Amount: $93.15 NANCE NO. 480 AS _ AMENDED THEE COMPREHENSIVE. E �p CI ZONING ORDI D Gyi NANCE OF THE CITY I AN OF SOUTHLAKE AMENDMENTS TEXAS' GRANTING HEREIN MADE; A ZONING CHANGE PROVIDING THAT ON A CERTAIN THIS ORDINANCE TRACT OF TRACTS SHALL BE CUMU- OF LAND WITHIN LATIVE OF ALL THE CITY OF ORDINANCES; SOUTHLAKE TEX- PROVIDING A SEV- AS BEING LEGALLY ERABILITY CLAUSE; DESCRIBED AS LOT PROVIDING FOR A 1R2,W.W.HALL NO. PENALTY FOR VI0- 695 ADDITION, LOT LATION HEREOF 1R, BLOCK 9 PROVIDING A SAV- SOUTHLAKE TOWN INGS CLAUSE' SQUARE PHASE 1 PROVIDING FOR AND A PORTION OF PUBLICATION IN OLD CARROLL AV- THE OFFICIAL ''"'••.,. CHRISTY L.HOLLAND ENUE AND BEING NEWSPAPER' AND MY COMMISSION EXPIRES APPROXIMATELY PROVIDING AN EF- ;. +l 1.98 ACRES AND FECTIVE DATE. t i i MORE FULLY AND SECTION 7. COMPLETELY DE- Any person, firm or 'q„ ' JULY 31,2004 SCRIBED IN EXHIBIT corporation who vio- THE STATE OF A" FROM "S-P-2" bates,disobeys,omits, County of Tarrar eectPLAN DISTRICT TO complyswitor h fors who "S-P-2" DETAILED resists the any of PLAN DIS- menis'�of anf this the Before me,a No OFFICE WIDISTR CT I provisions shall be fined or- day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star Tele; AS BANK I INCLUDE Thousaand than Dollars t Worth, in Tarrant County,Texas;and who, after being duly sworn, did depose and say that the attached DEPICTED oN THE offense.Each day that F above nam d paper on the listed da : BIDS 8T LEGAL DEPT. STAR TLEGRAM (817) 390-732 APPROVED TACHED to exist shall permitted HERETO AND IN- lute a separate of- CORPORATED fense. HEREIN AS EXHIBIT PASSED AND AP- THE SUBJECTI RE I 2ND PROVED OF MARCH - QUIREMENTS CON- 2004 DURING THE SUBSCRIBED At TAINED IN THIS REGULAR CITY larch O9 ORDINANCE; COR- COUNCIL MEETING. r ZOO FICIALN MAP,' P THE RE- Wambsganss Andy /�" SERVING PORTIONS O ATTEST: Secretary Farwell, THE ZONING ORDI- NANC • DETER- MININ THAT THE PUBLI INTEREST, MORALS AND GEN- 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: 238525091 Invoice Amount: $93.15 PO Number: Amount Enclosed: $ 1 INVOICES' Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 237776221 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 02/15/2004 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 02/29/2004 Bill To: • PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23777622 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn:. .. . Publication Date: 02/15/2004 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 1 1'9) 129 LINE $1.34 $172.86 APPHa.,.,..,..i ELY Any person, firm or .1.96 ACRES, AND corporation who vio- MORE FULLY AND lates,disobeys,omits, COMPLETELY DE- neglects or refuses to SCRIBED IN EXHIBIT comply with or who Net Amount: $172.86 "A" FROM "S-P-2" resists the enforce- GENERALIZED SITE ment of any of the PLAN DISTRICT TO provisions of this or- "S-P-2" DETAILED dinance shall be fined SITE PLAN DIS- not more than Two TRICT WITH "0-1" Thousand Dollars OFFICE DISTRICT ($2,000.00) for each CITY OF USES TO INCLUDE offense.Each day that SOUTHLAKE A BANK WITH A a violation is permitted Notice is hereby given DRIVE-THRU, AS to exist shall consti- by the City Council of DEPICTED ON THE tute a separate of- the City of Southlake, APPROVED SITE fense. Texas, that a public PLAN ATTACHED City of Southlake hearing will be held HERETO AND IN- Lon Farwell on March 2, 2004, at C O R P O R A T E D City Secretary 6:00 p.m. or immedi- HEREIN AS EXHIBIT ately following the "B" SUBJECT TO • Work Session, during THE SPECIFIC RE- the Regular City QUIREMENTS CON- 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, Southlake, MAP; PRESERVING Texas.Purpose of the ALL OTHER POR- CHRISTY L.HOLLAND public hearing is to TIONS OF THE ,�' consider the second ZONING ORDI- ' .� readinng of the fol- NANCE; DETER- • MY COMMISSION EXPIRES lowinnance: MINING THAT THE ORDINANCE NO. PUBLIC INTEREST, TH 480-431 MORALS AND GEN- f, • JULY 31,2004 AN ORDINANCE ERAL WELFARE _-_---- - rw--- r _ C01 AMENDING ORDI- DEMAND THE ZON- NANCE NO. 480 AS ING CHANGES AND AMENDED, 'rHE •AMENDMENT S B HEREIN efi ZCOMPREHENSIVE NING EHE ORDI- PROVIDING MAE and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for OF SOUTHLAKE. SHALL BE CUMU- am, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn, did depose and say tha TA ZONING RCHANGE O RIDE N A0N C E sL;)ublished in the above ni ed paper on the listed d es: BIDS LEGAL DEPT. STAR TLEGRAM (8I ON A CERTAIN PROVIDING A SEV- TRACT OR TRACTS ERABILITY CLAUSE; OF LAND WITHIN PROVIDING FOR A THE CITY OF PENALTY FOR V10- it SOUTHLAKE TEX- LATIONS HEREOF; AS BEING LEGALLY PROVIDING A SAV- Signed ` DESCRIBED AS LOT INGS CLAUSE; SU 695'WADDIT ON HALL LOT PUBLICATION. PROVIDING FOR 1IS Friday, February 0 4. . 1R, BLOCK 9 THE OFFICIAL ilia/aiL SOUTHLAKE TOWN NEWSPAPER' AND SQUARE PHASE 1 PROVIDING AN EF- AND A PORTION OF FECTIVE DATE. NotaryPublic OLD CARROLL AV- SECTION 7. ENUE, AND BEING 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: 237776221 Invoice Amount: $172.86 PO Number: Amount Enclosed: