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480-515a CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-515a 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 18R, OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.18 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE AMBULATORY SURGERY CENTER 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, Ordinance No.480-515a Page 1 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, Ordinance No.480-515a Page 2 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 18R, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1110 E. State Highway 114, Southlake, Texas; and being approximately 1.18 acres. Approved (7-0) subject to the Staff Report dated May 28, 2019 and Site Plan Review Summary No. 2, dated April 30, 2019, noting the following: • Medical uses in the building will be limited to 50% of the total floor area (approximately 6,254 s.f.); and, • Unless noted as part of this request, all of the previous zoning (480-515) will remain in place. 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, Ordinance No.480-515a Page 3 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. Ordinance No.480-515a Page 4 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. PASSED AND APPROVED on the 1st reading the 21st ay of May, 2019. jail(Aa4ll MAYO ATTEST: ‘**‘�31.Lq r :11 Rte° � '- CIT � CREi7 )\ . v. Ordinance No. 480-515a Page 5 PASSED AND APPROVED on the 2nd reading the th day of June, 2019. `\otttiiisi/�� MAY \‘` ` �H......... A /,'�� 71'fo 0; i/ icn= ATTE• , >-1 ,"1' _ • ter• �� Q ..'' CITY SEkt TARP I• ;1.10° APPROVED AS TO FORM AND LEGALITY: -)/1 J 1 CITY ATTORNEY / DATE: #)(p ADOPTED: (0 1.44 EFFECTIVE: (9\1 1+i1 Ordinance No.480-515a Page 6 EXHIBIT "A" Being described as Lot 18R, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.18 acres. STATE OF TEXAS COUNTY OF TARRANT WHEREAS. BOWEN SL, LTD., is the owner of oll thot Certain lot, tract or parcel of land situoted in the City of Southlake. Tarrant County, Texas, out of the R. Eads Survey. Abstract 481, and being all of Lots 18, 19 and port of 20 of the Oaks Addition, Second Filing, an addition to the City of Southlake. Texas, according to the plot thereof recorded in Volume 388-35 at Page 52 of the Plot Records of Tarrant County. Texos, and being the land conveyed to OFW-Corroll Rood, Ltd, by deed recorded in Volume 12689 at Pogo 100 of the Deed Records of Tarrant County. Texas. and being more porticulorly described as follows; BEGINNING at a 1/2" iron rod found for the Northwest corner of said Lot 16. said point also being the Northeast corner of lot 15 of the Ooks Addition, Second Filing, on addition to the City of Southloke, Texas, according to the plot thereof recorded in Volume 388-35 at Page 52 of the Plot Records of Tarrant County, Texos, and being the Northwest corner of said tract conveyed to DFW-Carrodi Rood, Ltd., and also being the Southwest corner of Lot 5 of the Oaks Addition, on addition to the City of Southlake, Texos, according to the plot thereof as recorded in Volume 388-26 at Page 4 of the Plot Records of Torront County. Texos and also being the Northeast corner of a tract of land conveyed to NEC Corro° & 114 LP, by deed recorded in Volume 12693 at Page 2065 of the Deed Records of Torrant County, Texas; THENCE South 87' 56' 50" Cost along the North line of said Lot 18 for a distance of 19.11 feet to a t/2" iron rod found for corner: THENCE South 86' 46' 22" East and continuing along the North line of sold Lot 1$ for a distance of 168.60 feet to a 1/2" iron rod found for the Northeast corner of said Lot 18, sold point being in the West line of o called 188,772 core tract of land conveyed to Gateway Church by deed recorded in Instrument Number 0204303704 of the Deed Records of Tarrant County, Texas; THENCE South 03' 58' 13' West along the East tine of Lots 18 and 19 for a distance of 200,11 feet to a 5/8" iron rOd found for the Southeast corner of said Lot 19 of the Oaks Addition, Second Filing, same being the Northeast corner of Lot 20 of the Oaks Addition, Second Filing and being in the West tine of said Gotewoy Church 188,772 acre tract; THENCE South 04' 54' 32" West along the Eost line of said Lot 20 for a distance of 167.31 feet to a 1/2" iron rod with yellow plastic cop found for corner in the North right of way line of State Highway No, 114 as established by right of way deed to the State of Texos recorded in Volume 14145 at Page 340 of the Deed Records of Tarrant County, Texas, and being the Southwest corner of the Gateway Church 188,772 acre tract and also being in o curve to the left having a central angle of 01' 56' 59" with a radius of 5749.58 feet and a chord bearing North 47' 49' 46" West of a distance of 195.09 feet; THENCE Northwesterly along solid curve to the left and following along the North right of way line of said State Highway No. 114 for on arc distance of 195.10 feet to on aluminum monument in concrete found for corner, THENCE North 03' 25' 06" West for a distance of 245,97 feet to the POINT OF BEGINNING AND CONTAINING 1.1814 ACRES OF LAND. more or less. Ordinance No.480-515a Page 7 EXHIBIT "B" S-P-1 Detailed Site Plan District— Land Use and Development Regulations for 1110 E State Highway 114 This Commercial Development shall abide by all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C-2" Local Retail Commercial District and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exception(s): Parking: a total of 48 spaces shall be provided. Use: Ambulatory Surgery Center Use is allowed. Stacking Depth: The minimum stacking depth required for the entry drive shall be approximately 25' ._ 4 Previous bank drive t�.i t nll be--'-' remodeled for ambulance parking area • 6 additional parking spaces E, t :� , (shown in red) 't" ( i P 'e- • Emergency \, , + � '� _ Generator (will P t: E ; be screened) ! ' • Remodel of ' , .----'4--,, . bank drive thru ,.- ,-- F t ;'l , i_____ 'r'_--- • Closing off existing rear `1 ``' m�, driveway and i °h'j/ adding plant _.,,, material fa o_rt�,.. �. Ne r II Site Plan Ordinance No. 480-515a Page 8 City of Southlake,Texas LANDSCAPE CALCULATIONS B1Ma"O No Ana 115065/ 51A6AARY CHART-N0EGOR 4ANOSG5155 PER GUSIYIG NY110YED IAMDSJPE RAMS. RePetla LK=7.. R.aaoa Caaa7TMS A®ITue 4Aaa 02, SAN 4(.2m -.� PrMtletl Aaa'Sq.RI 6a6a We RROmb SI) 41J1505ry (t:b 6R1 13LR1119KI (SV.RI(SY) I %mune OGGo 04y>q Dem 2.271 TYA 5.91 1150 7427 446.60 9541 mel. OmoW,DWG-.5Q TD' 13.FRf - 5 '2 157 1.451 }Sf I 4:16 omENTS 3• CIO marlinleiae a 6naaaal WHOM.,MItt eac GM=MSO 0 IPP41e.P)510n. `: 7 . 2 Rhonda MmHg TR•CMu Gramm mN SMc.3}e)Al e1I01 Wn 01 20.17 Rarceon I • )r J !V. 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A e j A .. • e I f- it - - 4,6 k J , �. i „ w, .may,;' ' 4' •,,e.P- 0 I,-. r 'r _ - A.r r 'r '{ » w.. �A Ordinance No. 480-515a Page 9