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480-447CITY ORDINANC SOUTHLAKE, 0 -447 OFFICIAL RECORD 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 B, BLOCK B, BRIARWOOD ESTATES; AND BEING 1.523 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL - RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL - RETAIL 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 "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 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 B, Block B, Briarwood Estates, 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 1.523 acres, and more fully and completely described in Exhibit "A" from "C -2" Local- Retail Commercial District to "S -P -1" 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 following specific conditions: 1. Approving the development regulation that covered parking shall be a permitted Page 3 accessory use, limited to the 11 spaces as shown on the site plan, and that the covered parking shall be constructed of the same materials, style, etc. as the medical office building; 2. Approving the development regulation that a loading space is not required for this site; 3. Approving the development regulation that the articulation on the rear (north) elevation shall be allowed as shown on the site plan; 4. Noting the applicant's comments that the landscaping will be similar to the adjacent office building including evergreens along the back; 5. Subject to the trash dumpster exhibit submitted at the October 19, 2004 meeting attached as Exhibit "C "; 6. The following requirements apply to the site plan hereto attached as Exhibit `B ": a. Granting the requested variance for driveway spacing along State Highway 114 allowing a distance of approximately 159 feet from the intersection to the west and approximately 90 feet from the next drive to the east; b. Granting the requested variance for driveway stacking allowing a stacking depth of approximately 29 feet; c. Granting the requested variance for a commercial driveway on Briarwood Drive; d. Accepting the applicant's commitment to add a left turn only sign onto Briarwood; e. Provide the distance to the right -of -way intersection to the south from the drive on Briarwood Drive; f. Correct the bufferyard calculation chart on the plan for the west bufferyard; g. Clearly label and designate the area used for the carports on the site plan. 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 Page 4 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 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. Page 5 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 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. Page 6 PASSED AND APPROVED on the 1st reading the 5 day of October, 2004. MAYOR ATTEST: ���.•`''SpUT// �'''�.,, o :F - • •: CITY SECRETARY • '• yy •' PASSED AND APPROVED on the 2nd reading the 19 day of October, 2004. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 1 ADOPTED: I D - lq- 01 EFFECTIVE: m - dd-ul Page 7 MAYOR .� SpUTH�•, �'•.••. ATTEST: ,�� r •' '' '- CITY SECRETAR APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 1 ADOPTED: I D - lq- 01 EFFECTIVE: m - dd-ul Page 7 EXHIBIT "A" Being Lot B, Block B, Briarwood Estates, 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 1.523 acres. Page 8 1 : .-01-;1• Y 3w> (MNVWAQ EM'S Dom# "M sizowwv i�? w•b� �-!(f r 1� L a �1 fit lol 0 M. M Page 9 EXHIBIT "C" LOT, b, 5L ZONING: M LLID; E � � � � " � � ars .4, .d�. 15 UT 45 in O R v 2( R 6 TALL pLM-;,TER ENCLOSME Vil FACE BRICK iizrA A6ATE u Ct 4 U z z z (D 7- , q, IRZ = Bwo'-O" 4--o- tu v ?11%, H STACK vxv 5dR 2- 2 u- ir in , ,� Z Page 10 INVOICE �.,A. Star-Telegram Customer ID: CIT57 400 W.7th Street _—___- ----" Invoice Number: 247114121 FORT WORTH,TX 76102 C`-" (817)390-7761 (5 `) Invoice Date: 10/1/04 Federal Tax ID 22-3148254 U �OnA Terms: Net due in 21 days lY+ Due Date: 10/31/04 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST OFFICE OF CITY SECRETAR Order Number: 24711412 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 10/1/04 € sr a € e. 7° V-1 s '�� "fie y' CITY OF SOUTHLAKE Notice is he 13580 1 121 121 LINE $0.81 $98.01 CITY OLFAKOUTH- Notice Is hereby given Any person, firm or by the City Council of corporation who vio- the City of Southlake, lates,disobeys,omits, Texas, that a public neglects or refuses to Net Amount: $98.01 hearing will be held comply with or who on October 19, 2004, resists the enforce- at 6:00 p.m. or im- ment of any of the mediately following provisions of this or- the Work Session, dinance shall be fined during the Regular not more than Two City Council meeting Thousand Dollars to be held in the City ($2,000.00) for each Council Chambers of offense.Each day that Town Hall, 1400 Main a violation is permitted Street, Southlake, to exist ehililI consti- Texas.Purpose of the tute a separate of- public ere he second L l pf F Southiake reading of the tot- Lor Farwell lowing ordinance: City Secretary ORDINANCE NO. 480-447 AN ORDINANCE AMENDING ORDI- NANCE 480THE M _ COMPREHEf'ISIVE — ® ZONING ORDI- NANCE OF THE CITY ;i4•' •6.g,•, CHRISTY L.HOLLAND OF SOUTHLAKE, r: _ ";r's_ TEXAS GRANTING �,, MY COMMISSION EXPIRES A ZONING CHANGE '*r••,,.;4' Jul 31 2008 THE STATE OFT ONACT A OR CERTTRACTSAIN .,g,Q�,;;.• y TR County of Tarrant THE LA CITYWIT OF SBEFKLLLAINGEGA Before me,a Notar DESCRIBEDR AS LOTR County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegra ArbiW OBDESI'ATES;'I.-Telegram, Inc.at Fort Worth,in Tarrant County,Texas; and w o,after being duly sworn, did depose and say that the attached cl ACRES,LY rAND MORE ent was published in the above n med per on the t ted dates: BIDS 8t LEGAL DEPT. STAR TLEGRAM FU(817) 390-7320 PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "C-2" LO- CAL-RETAIL IDISTRIICT Signed TO S-P-1" DE- TAILED SITE PLAN SUBSCRIBED ANC 2" LOCAL vv RETAIL,ME, THIS Wednesday,Octob 0 , 4. - DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED Notary Public ZiL HERETO AND IN- CORPORATED HEREIN AS EXHIBIT "B" SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- Thank You F( ORDINANCE; JCRs- nt RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE , PUBLIC INTEREST, Remit To: S I ERAL MORALS WEL ARE Customer ID: CIT57 DEMAND THE ZON- P• In E NAD MEE N TS Customer Name: CITY OF SOUTHLAKE HEREINI MADE F THIS ONGRDINANCE K 76101-2051 Invoice Number: 247114121 SHALL BE CUMU- ORIDINE ANCESL Invoice Amount: $98.01 RABILITY CLAUSE; pPPROVIpD�ING A SEV- PROVIOINCOR RI A PO Number: LATIONS HE R , • r,.. ____ . _., „ . _ PROVIDING.A V; Amount Enclosed: $ 1 INGS UOVIDINIG N COIN tOFFICIAL PROVIDIIN RANAEF FECTIVE DATE. SECTION 7.