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480-443CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-443 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 TRACT 5D, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695; AND BEING 2.62 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" 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 "O -1" Office 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 Tract 51), situated in the W.W. Hall survey, Abstract No. 695, and being 2.62 acres, and more fully and completely described in Exhibit "A" from "O -1" Business Service Park District to "S -P -1" Detailed Site Plan District with "O -1" Office 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 deletion of the following "O -1" Office District uses from the list of permitted uses: 1) Banking; 2) Chiropractors; 3) Dentists; 4) Duplication and mailing services; 5) Optometrists; 6) Physicians; 7) Podiatrists; 8) Psychiatrists; 9) Page 3 Psychologists; 10) Radio recording and television broadcasting offices and studios; 2. Approving the development regulation to allow a ten (10) foot side yard setback; 3. Approving the development regulation to allow landscape trellises to cross lot lines; 4. Granting the requested variance allowing the trash receptacle to be as close as 19 feet from the residential property line at the northwest corner of the property and to be as close as 28 feet from the residential property line at the southwest corner of the property with the following conditions presented by the applicant: a. Surround receptacle with eight -foot high brick wall on three sides; b. Front of receptacle hidden with metal door; c. Landscape with four to five foot high shrubs on three sides; d. Recess receptacle and surrounding grade twelve inches into existing grade; e. Monthly maintenance -wash with hose and spray with disinfectant; f. Landscape receptacle with three additional canopy trees (3 + 3 + 4 inch caliper); g. Angle receptacle away from Southcrest slightly to hamper view by homeowners; h. Require signage on receptacle that all trash is to be bagged (no loose debris); 5. The following requirements apply to the site plan hereto attached as Exhibit `B ": a. Granting the requested variance for driveway stacking allowing a distance of approximately 28 feet; b. Revise either the plan or the agreement regarding the minimum 28 feet from the property line at the southwest corner of the property. The site plan shows 22 feet. c. A reciprocal shared parking and access agreement must be provided to the City prior to issuance of a building permit for any building. An agreement for shared use, access and maintenance of the trash enclosures, receptacles and trellises must also be provided. 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, Page 4 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 Page 5 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 17 day of August, 2004. MAYOR ATTEST: CITY SECRETAR PASSED AND APPROVED on the 2nd reading the 7 day of September, 2004. MAYOR ATTEST: t)L 1 . 1 1 CITY SECRETAR APPROVED AS TO FORM AND LEGALITY: E yj MIR DATE: r 4� ADOPTED: q 76 EFFECTIVE: - ��` °OTC •�.......��; •. . Page 7 9 6.0•'•46 .•' ��` °OTC •�.......��; •. . Page 7 EXHIBIT "A" Being Tract 51), situated in the W.W. Hall survey, Abstract No. 695, and being approximately 2.62 acres. •_ i s, M All that certain lot, track or parcel of land in the W.W. Hall Sunvey, Abstrad 695, Tarrant County, Texas, being a portion of #ut certain remainder ti of land conveyed to Vision Development Ltd. by the i re V b l ume 65 Page •" i ♦ Dee sill l+` T arran t C oun ty, T e x as , and be •. par desc b metes ; bounds as • • COMAENCING at the Nafted comer of Lot 1, Block 7, Soudwiew Addition as recorded in Cabinet A Slide 7W PW Records, Tarrant County, Texas, said point being in the South Right d Way (ROW) tine of S Lane; • t :! f�• - - it Gi• •a - T t k7aT 1 • I c•. • 'h: • i' '� •. O - '.• I ra t a = •' EI i w.. inch iron pin found in the East line of Lot 6, Block 3, SoLdr-&-w Phase 1, as reo=W in Cabinet A Slide Plat R ecor ds , Tarrant County Texas ' • 98 inch Iron Pin Found at the Northeast comer of said Lot 4 and being in the South line of Lot 1, Lake ••f 'rr. Addition as ter• •s-f V durne 3 Page • • U8 inch Iran Pin found in aforesaid West ROW line d Carroll Avenw, • ,t 1! •�f� - cr•. r r • - i - 1 • • t 45 degrees 09 rninutes 12 seconids- West 14.19 feet to the Point of Beginning containing in all some 2.611 acres o( land or 113,682 square feet Page 8 EXHIBIT `B" Page 9 INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7th Street 1 Invoice Number: 246180591 FORT WORTH,TX 76102 w 2 1 U -�, ? , (817)390-7761 i Invoice Date: 9/10/04 Federal Tax ID 22-3148254 1 L Terms: Net due in 21 days __1' SEP 2 3 MN i Due Date: 9/30/04 Bill To: i 1 PO Number: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST Order Number: 24618059 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/10/04 ; CITY OF SOUTHLAKE ORDINANCE NO 13580 1 110 110 LINE $0.81 $89.10 CITY OF p OVfDING A SAV- SQUTHLAKE IDI AV-- O DINANCE ' VICATION E IN NO. I480-443 NANCE OFF A AN ORDINANCE ICI AL AMENDING ORDI- N SPAPER AND $89.10 AMENDED, 480THE PROVIDING CTIVE AEF Net Amount: COMPREHENSIVE SECTION DATE. ZONING ORDI- An person, firm or OFNCEOFTHECITY y OF SOUTHLAKE corporation who vio- TEXAS• GRANTINd fates,disobeys,omits, A ZONING CHANGE neglects or refuses to ON A CERTAIN comply with or who TRACT OR TRACTS resists the enforce- OF LAND WITHIN ment of any of the THE CITY OF provisions of this or- SOUTHLAKE TEX- dinance shall be fined AS BEING LEGALLY not o more than Tlwo DESCRIBED AS Thousand TRACT 5D, SITUAT- ($2,000.00) for each ED IN THE W.W. offense.Each day that HALL SURVEY, AB- a violation is permitted STRACT NO. 695• to exist shall consti- AND BEING 2.62 tute a separate of- ACRES, AND MORE PASSED AND AP- PLETELY 1'"r FULLY AND COM- PROVED THIS THE , CHRISTY L.HOLLAND SC DE- 7th DAY OF SEP- ": 4S- *' "A" FROMR IN EXHIBIT TEMBER, 2004, ';,? �� MY COMMISSION EXPIRES I "OC" OF- WRING THE REG- *• '�' FICE DISTRICT TO ..LAR CITY COUN- "!qF July 31,2008 S-E PLANDNTAILEDpDpISg- CIL MEETING. SITE Lim! T- MAYOR: Andy - THE STATE OFT ED O-I' OF ICE AW gb �o°Farvvell, DISTRICT USES AS City 3ecreta County of Tarrant DEPICTED ON TH ry APPROVED SIT PLAN ATTACHE HERETO AND IN- Before me,a Nota COPORATED County and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator ' for the Star-Telegr HEREIN AS EXHIBIT SUBJECT TO it-Telegram, Inc. at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached c THE SPECTs coEE- ent was published in the above na paper on the listed dates: BIDS&LEGAL DEPT. STAR TLEGRAM QUIN- (817) 390-7320 TAINED IN THIS ORDINANCE; EN CT: COFCTIGIE - FICIAL ZONING MAP; PRESERVING Signed ALL OTHER POR- TIONS OF THE ZSUBSCRIBED AN' NAANCE DETERi- :ME, THIS Friday, September 17 MINING THAT THE PUBLIC INTEREST, ERAL LS WELFARE- LA z2,,,.. ......) Notary Public DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEPROVIDING IN MTHAET SHALL ORDINANCE Thank You F bAR'DEN A NLCq�JASL :rit ROVIOVIDIIINNGC FOR CLAUSE, FOR VIO- LATIONS HEREOF: Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 246180591 Invoice Amount: $89.10 PO Number: Amount Enclosed: $ INVOICE 44 Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 245370501 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/20/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/04 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24537050 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/20/04 CITY OF SOUTHLAKE Notice is he 13580 1 122 122 LINE $0.81 $98.82 CITY OF SOUTH- Any person firm or LAKE corporation'who AO- Notice is hereby given lates,disobeys,omits, by the City Council of neglects or refuses to the City of Southlake, comply with or who Net Amount: $98.82 Texas, that a public resists the enforce- hearing will be held ment of any of the on September 7, provisions of this or- 2004, at 6:00 p.m. or dinance shall be fined immediately following not more than Two the Work Session, Thousand Dollars dusin the Regulars ($2,000.00) for each City CouncN meeting offense.Each day that �`- to be held in the City) a violation is permitted (� _ �� Council Chambers in to exist shall to of- Street, - D l�r �r �� �`� ] Town Hall, 1400 Main' tute a separate I lS Southlake, fense. i Texas.Purpose of me City of Southlake i dpublic hearing is to Lon arwellconsider the second City Secretary _ Alowininggordlnarice:fol- SEP 82��4Li!: I l ORDINANCE NO. 480-443 AN ORDINANCE AMENDINGN ORDI-ORDI- AMENDED THE COMPREHENSIVE •'ftr1,, CHRISIYI.,HOI,J.AND ZONING ORDI- '4 NANCE OF THE CITY �; .�— C. MY COMMI5$ION EXPIRES OF SOUTHLAKE �� :.= �U�$� TEXAS; GRANTING L- TRACTTHE STATI SNONNG A CERTAIN CountyOf OLAND WITHIN THE CITY OF SOUTHLAKE TEX- Before me, AAS BEIN EDG LEGA LY .1-said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star TRACT 5D, SITUAT- ED IN THE W.W. :he Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the atta HALL SURVEY, AB- rtisement was published in the above amed paper on the list dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM STRACT NO. 695; (817) 390 AND BEING 2.62 a ACRES, AND MORE FULLY AND COM blii - PLETELY DE- SCRIBED IN EXHIBIT Signed "A" FROM "0-1" OF- FICE DISTRICT TO PSUBSCRIBE SITE 1 PLAN TAIDDIs FORE ME, THIS Monday, August 3 , 2 TRICT WITH LIMIT- DI O-T ES,AS ^ DEPICTEDUONSTHE Notary Public [/.I• APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED EREIN AS EXHIBIT "B" SUBJECT TO THE SPECIFIC RE- Thank Yo QUIREMENTS CON- iment TAINED IN THIS ORDINANCE; COR- — RECTING THE OF- MAP LPRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- Remit To: Customer ID: CIT57 MINING THAT THE PUBLIC INTEREST, MORALS WELFARE i 1 Customer Name: CITY OF SOUTHLAKE DEMAND THE ZON- ING CHANGES MES AND r TX 7V 101-2051 Invoice Number: 245370501 AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SI-I LL BE CUMU- Invoice Amount: $98.82 LA IVE OF ALL ORDINANCES; PROVIDING A SEV- PO Number: ERABILITY CLAUSE; PROVIDING FOR A 1 PENALTY FOR VIO- Amount Enclosed: 11 LATIONS HEREOF; INGSVIDIN CLAUSE' PROVIDING FOFI PUBLICATION IN NEWSPAPEOR FIAND PROVIDING AN EF-I FECSECTION 7.