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480-767CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-767 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 DESCRIBED AS TRACT 1, J.T. BAILEY SURVEY, ABSTRACT NO. 97; AND BEING 0.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT WITH LIMITED "O-1" GENERAL 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 "AG" Agricultural 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 Ordinance No. 480-767 Page 1 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 Ordinance No. 480-767 Page 2 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 1, J.T. Bailey Survey, Abstract No. 97, City of Southlake, Tarrant County, Texas being approximately .86 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S -P-1" Detailed Site Plan district with limited "0-1" General Office 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: City Council motion for approval: May 19, 2020; Approved (7-0) subject to the Staff Report dated May 12, 2020 and Site Plan Review Summary No. 4, dated April 15, 2020, granting the variance to Driveway Ordinance No. 634 Sect. 5.1 and 5.2 require that driveways along FM 1709 (Southlake Blvd.) have a minimum centerline distance of 500' from the intersection ROW of a street. A minimum 300 feet is proposed from the intersection of Timber Lake Place, with shared access to the adjoining tract to the west and is restricted to right-n/right out movement due to medians. No other access is available to the site. 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. 480-767 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 Ordinance No. 480-767 Page 4 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. PASSED AND APPROVED on the 1st reading the 5th day of May, 2020. MA Lr�K. ATTEST: ���Ov H A ,6 CITY S . Ordinance No. 480-767 Page 5 PASSED AND APPROVED on the 2nd reading the 19th day of May, 2020. MAY ATTEST: I-Ak CITY SSTAR 10� D AS TO FORM AND LEGALITY: TY ATTORNEY DATE: '[Ct ADOPTED: EFFECTIVE )/4 1 � Ordinance No. 480-767 Page 6 EXHIBIT "A" Being Tract 1, J.T. Bailey Survey, Abstract No. 97, City of Southlake, Tarrant County, Texas being approximately .86 acres LEGAL DESCRIPTION BEING a 0.859 acre tract of land situated in the A.T. Bailey Survey, Abstract Not. 97, in the City of Southlake, Tarrant County, Texas, and being a portion of that certain tract of land described by deed to Joe V. Smith and wife, Reba M. Smith, as recorded in Volume 8740, Page 205 , of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particulariy described as follows: BEGINNING at a ; inch iron rod found for the northwest corner of the herein described tract, same being the northeast corner of that certain tract of land described by deed to Marcus D. Wayland, as recorded in Instrument No. D207426882, O.P.R.T.C.T., same being the southwest corner of that certain tract of land described by dee to the State of Texas, as recorded in Volume 9848, Page 22, O.P.R.T.C.T., for right- of -way expansion purposed to widen F.M. Road No. 1709 (also known as "W. Southlake Boulevard°), same from which a z inch capped iron rod found for the northwest corner of said Wayland tract bears North 88 degrees 13 minutes 35 seconds West, a distance of 216.60 feet; THENCE South 88 degrees 13 minutes 35 seconds East, with south line of said Right -of -Way Deed and W. Southlake Boulevard, a distance of 2019.01 feet to a,' inch capped iron rod stamped" ARTHUR SURVEYING COMPANY" set for corner, same being the northernmost northwest corner of Lot 32, Block 2 -Common Area of Timber Lake Section 1, an Addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet .A, Page 485 of the Plat Records of Tarrant County, Texas; THENCE South 00 degrees 15 minutes 42 seconds East, with a west line of said Lot 32, a distance of 178.91 feet to a fence corner post found for an inner -ell corner thereof; THENCE North 88 degrees 19 minutes 00 seconds West (Basis of bearings per Deed; V. 5740, P. 205), with a north line of said Lot 32, a distance of 209.00 feet to a inch capped iron rod stamped "NELSON CORP" found for corner, same being in the east line of said Wayland tract; THENCE North 00 degrees 15 minutes 42 seconds West, with the east line of said Wayland tract, a distance of 179.24 feet to the POINT OF BEGINNING and containing a total of 0.859 acres of land, more or less, and being subject to any and all easements that may affect. Ordinance No. 480-767 Page 7 EXHIBIT "B" is Ordinance No. 480-767 Page 1 "r�� rraYYrarYrlwosA � TrA•.a.89 .... ,.-_-._ ,�-.r.las. tgW'11l rMiRiCI. d �� � yt ' R]P rNG•6vepin nnete.p .1Llre __ rt .->rzr �ritLIENBBi+f T-77 an _..Zmer•w�y_e_ 7 ' i m Site Data UwrwRwy hn Zpn�nudZOnin"o use Dell rationss lot Area Wt Area ents of Site Cover ea of0en of niaofim rviousgaveonta PA. OLMLOM vtposed of lmp -ms Cwer e 8undin Area Foot Prinfn . F( -oer d SlorinaYrmum®W(dl � Nei hl ..v AC Setl floor Atepd5ed Tloor Area L.. tl EIn6fG raioffl eV .adicaP TOW i var(atao-w �PP.eo �7♦•w _ .-. •��� 4TrRY SN:pIOraN AAA: '.�czw.� is Ordinance No. 480-767 Page 1 The Driveway Ordinance No. 634 Sect. 5.1 and 5.2 require that driveways along FM 1709 (Southlake Blvd.) have a minimum centerline distance of 500' from the intersection ROW of a street. A minimum 300 feet is proposed from the intersection of Timber Lake Place, with shared access to the adjoining tract to the west and is restricted to right-in/right out movement due to medians. No other access is available to the sites. Screening: An enhanced 8' masonry wall will be provided along the south and east property lines. which exceeds the required 6' wall height. A 6' wooden fence will be provided along the west property line. (F1 bufferyard requires an 8' opaque fence) SetbacksiYards: The building setback along the south and east property lines shall be a minimum of 25' for a non -single-family structure. provided that the structure is no greater than one story or 28' feet in height. (40' required). The building setback along the west property line shall remain 40' per the Residential Adjacency standards in the Zoning Ordinance. The building setback along the north property line shall remain 50' per the Corridor Overlay standards in the Zoning Ordinance. Trash Receptacles and Recycling Receptacles: The setback for trash receptacles and recycling receptacles from single family residential property shall be a minimum of 25' (50' required). Location and screening requirements for trash and recycling receptacles will remain as stated in the Residential Adjacency standards in the Zoning Ordinance. Articulation: Horizontal articulation shall permit a minimum 2 offset in lieu of a minimum 15% of the wall height. (approximately 3 ft required). Medical uses would require approval of a Specific Use Permit Ordinance No. 480-767 Page 2 BUKDWG I Genual 0116ce 2F - I zwfy 7 306 SF aAMAC • ------------ xrHr —M--wrV. mommo" LANT LIST ILF Existing Tree Co" , ervation Requirements fotal SiteArea 31,405 SIF Existing Tree Cover 16,352 SIF Tree Cover Percentage cf Site Area 45.1% Minimum of Cover to oe Retained Per Ordinance 50%- 3,426 SIF lTree Cover Being Pre -served 36%- 6,062 SIF MMMMMMwMMMd Ordinance No. 480-767 Page 3 Metal fascia �_ __. R ••_ -. r f°.- -- Stacked stone 3 Smooth Stone f - etY IL 'JQ�CM lLStJ4�lAi;iW'tf.�lQ.L�.rD. Ordinance No. 480-767 Page 4 Timberlake Office Component 0-1 District Proposed Impervious Coverage Max 15°o Max 57.910 Required Parking =_ X, =pace. Tree Preservation 500'o canopy under straight zoning is required 360o canopy preserved Interior Landscape - VARIANCE 10 canopy trees 10 canopy trees Bufferyards 20 feet width 20 -foot width for North BY I I accent trees 11 accent trees in East BY 13 accent trees 9 accent trees + 4 tree credits in South BY Building Setbacks 40 feet for residential adjacency South and East setbacks proposed at 25 feet Trash Receptacle 50 feet for residential adjacency Proposed to be generally located in the southwest comer of the property. 10 feet from the west boundary and 25 feet from the south boundarv- Ordinance No. 480-767 Page 5 tar-. e e rare MEDIA • Ariington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star,telegram.com I.808'Tli ttickrnorton-St•.I Ft:Worth;ix.76110276315 *** MEMO INVOICE *** • Fed ID#26-2674582 23I TOTAL AMOUNT DUE $97.48 SALES REP 24 ADVERTISER INFORMATION - Advertising Dept 1 BILUNG PERIOD 6 I• - BILLED ACCOUNT,NUMBER Li ADVERTISERICUENT NUMBER 2 I • ' ADVERTISERICLIENT NAME• - 05/22/2020 600637 600637 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star-Telegram - CITY OF SOUTHLAKE Star-Telegram-Advertising PO BOX 51847 1400 MAIN ST • Livonia,MI 48151 STE 440 SOUTHLAKE,TX 76092-7604 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections@mcclatchy.com Payment is due upon receipt. Sa rM r1 . NEWSPAPER. 1z 14 13 - 15 16 BILLED Li TIMES 16 - 1s START STOP REFERENCE, - DESCRIPTION -PRODUCT SAU SIZE . UNITS . • RUN RATE AMOUNT • 05/22 05/22 0004653615 ORDINANCE NO.480-767,ORDINANCE N Telegram 1 x 68 L 68 1 $1.36 $92.48 05/22 05/22 0004653615 ORDINANCE NO.480-767,ORDINANCE N Upsell ST.Com 1 x 68 L 68• 1 $0.07 $5.00 Invoice'Total $97.48 t-iso---7(,---) . SCANNED FILED LOCATION • 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 StarEë1egrairi 1 I .BILLING PERIOD. 2 I . ADVERTISERICUENT NAME ' • - MEDIA 05/22/2020 CITY OF SOUTHLAKE Star-Telegram-Advertising 23 I. TOTAL AMOUNT DUE _ 3 I 'TERMS OF PAYMENT PO BOX 51847 $97.48 Upon Receipt Livonia,MI 48151 - 4 I PAGE M. 5 I BILLING DATE *** MEMO INVOICE *** 1 05/22/2020 11I NEWSPAPER REFERENCE 0004653615 Star-Telegram 6T BILLED ACCOUNT NUMBER • Star-Telegram-Advertising • 600637 PO BOX 51847 7I ADVERTISERICUENT NUMBER Livonia, MI 48151 600637