Loading...
480-798 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-798 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON LOT 1, BLOCK 1, BY FAITH BAPTIST CHURCH ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, 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"CS" COMMUNITY SERVICE DISTRICT under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Ordinance No. 480-798 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 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, Ordinance No. 480-798 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 described as Lot 1, Block 1, By Faith Baptist Church Addition, City of Southlake, Tarrant County, Texas, being approximately 1.06 acres, more fully and completely described in Exhibit "A" from "CS" Community Service District to "S-P-1" Detailed Site Plan District with "CS" Community Service District uses, as depicted on the approved Site Plan, attached hereto and incorporated in Exhibit "B", and subject to the following conditions: Ordinance No. 480-798 City Council Action: June 20, 2023; APPROVED (6-0) at 1st Reading on the Consent Agenda. August 1, 2023; APPROVED (6-0), subject to Staff Report dated June 8, 2023, and Site Plan Review Summary No. 1, dated June 2, 2023, noted approving as presented for approval of the Zoning and Site Plan from Community Services (CS)Zoning District to S-P-1 Detailed Site Plan Zoning District with "CS" Community Service District uses to allow a creative arts studio and an outdoor marketplace associated with the creative arts studio. Site Plan Review Summary Planning Review 1. On the landscape and site plan exhibit: a. Correct ROW width for Davis Blvd. b. Correct the building setback line along the southern boundary to 15' (match the site plan). 2. All driveways/points of ingess/egress must comply with Driveway Ordinance No. 634, as amended. The following changes are needed: a. Correct the stacking depth measurement—stacking depth is measured from the R.O.W. line to the nearest parking stall. b. Distances to the nearest existing off-site driveway centerlines in both directions of the site are less than required. (Variance has been requested) Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: No existing trees are proposed to be removed or altered at this time. LANDSCAPE COMMENTS: 1. Any requests for changes in zoning to any district other than agricultural or single-family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. (Applicant is requesting to defer bufferyard landscaping until future plan approval as part of S-P-1 regulations) 2. Parking lot landscaping is required with the addition of new parking areas. (Applicant is requesting to defer parking lot landscaping until future plan approval as part of S-P-1 regulations) Indicates informational comment. Indicates required items comment. Ordinance No. 480-798 Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: No further comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: klements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments • No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. • All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. • All lighting must comply with the Lighting Ordinance No. 693, as amended. • All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. • Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. • Denotes Informational Comment 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 Ordinance No. 480-798 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, 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 Ordinance No. 480-798 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 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. Ordinance No. 480-798 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 20th day of June, 2023. %``,�NLAKE. ",i .`OJ . Tc , AY R • -� . o: TTEST: t. .• `% Clto. � ;ETARY PASSED AND APPROVED on the 2nd reading the 1st day of August, 2023. ���\11rrs,, � �•l— i ``‘‘‘,`�NLA KE T !AY R : ATTEST: o ;;•• ......* *`‘ CI ETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY /'� V DATE: �3 ADOPTED: j ) ).03 EFFECTIVE: ,J!a3 Ordinance No. 480-798 EXHIBIT "A" Lot 1, Block 1, By Faith Baptist Church Addition, City of Southlake, Tarrant County, Texas Ordinance No. 480-798 EXHIBIT"B" to m (130'ROW) o X c000 DAMS o B0 ULEVA 0 W ��v a CD N i II Zp R 29747 ' L ,, s. 9L-f2 7gON DA (asphalt •• 1. soo�OD surto W ' o -o < m 4u f 0 ro OW <� nia '4m v- 9 �N i 87, C� o _-� Q U o io ��Da UNE 4 m p J y , I`279 m a rn lc': 8._6.~ .?i + .+ c :to iet m SiJ C m 27.9' 1 1...T- O vo 3o= m o N° mg@ c6 '� o 0 W o S ,r w d Cl r d Ee.L 0 1 n i �n 0 \D a v,' w0 o•= n Z MD0 93� tii P '.S" 2 �0 a0p 0,3 m r v� a O C 2 'n W :...) u. ..'- C Z m .n, w r N �p o b ' E" m v c+� n OR F. v !7 i ' ti ' ire ` ) It' -O -D o W _ _ A 7r 7r C O m n o D X a m — o > > ' N - 'r 0 7 to Nv �� m ��' o O 00 D - - C N N CD (n — -- �. 1`1 10 3 (D fD ( T FY (D a° 3 Cn cc, Xi viz el 0-2 c I w o *n y m a _r-- N 01 N 41 t - � ~ � � , n N 01 EXISTINAGG ZONING: I o W J 1-+ \ f\� LUD=Mixed Use _ - ... '�r- 1.-:-) '� \ 'Q C "' i7— i A al gs rn c OWNER: -.1n 0 co A S01°30'45"E 126.40' 0 ;e J.J.B.Enterprises,Inc. (Vol.11640,Pg.747) ic' ggil o z '.- Zm- o :i . c n agZ-m di g -1 o� os. ,j m m "1 MrglH'R cn NF,21� .= a n �o w. m oxa-1D m a< O-2'Y - -X.! 7 ��oo y ' m rn m m y 1D mt,na. E Si r 't' 0 = m a ar "m n< mQQm = >3 � Z 0.. aE _.Ci N 0 N 3 ° ?P .,, m g o 8°NO m .DO ;B n 8 Pig T 88_, 13ia --1i,7 f.� j� m a @ O . y0` D03 �OA-sO pFvj 7e pw�s=Aoa r A7 O tiG ; DOy m'z $_9 ° °z cx m 1 4-'' A A Ordinance 480-798 , (100'ROWj DAMS BOULEVARD I. >- R2974.79 a , _v _ , (osPn°3r S�ro L=121.71' S m-0 CA _A 3 ) o� no 0 CD a co ID lii -Z c)G' - n L o_ Z.m ti ��I��JJIII D A -. 6 y 16.11 mi® A O 27.9' C g} 1 0 3$ b II o N O 7 0 27.9 1 O d 3 cn � �o N m x b. �`° m p°O0°m Cn t\i dco E.o 'Ioo , p • IV 7 d 'r < C7 N g X o im S•c� < � W y' dE 3m X E i a O I a y p -, cr,c f m 5'z DC C f4,Zi m °W m ODp mon 9qa7 7A r W g P'` p "z , t� L,r z W� o 8 � o c `ter" z .w. ° P1 n '+ m C7 .. •t ^o ti —Ma '� m - CA 3 ,{{d��,ir�t i��r h m 2:i 0 o n m il. n o111:r 2• x x '• CN . rr y G p .,,�! 7 x 146 ! n1 A m m0 p 1 i i Z.' } 1 f_ -01C12*-0 70: i co a LAND USE I ° 0 I C S .1, z DESIGNATION: e w MIXED USE �m � ' OWNER: (" '' S01°30'45"E 126.40' T - co mA J.J.B.Enterprises,Inc. + n (Vol.IlIl640,Pg.747) - to se.� �` ao OF"0 °c Om0 ram I pow, O g to '4 mZa t-. of m o mr :c f R <8 i° ;a ano� ;ND m �m Y c� S. �-oTz room a�Fg 19,6z 9 °° 7 �.Z 2 p N m o �m Nym To, �� 9� g c k ti^zz0 R. 0,1T Cn cn �g-v �42. $d 4 '0. 7 o°fix a. n fl �v s m IV nt A mmm m zz F° _ _ [ n0 : • lN n $r V x o 9 K., a ao �Az s P _ _3 o ': T ?n . O' m cn �� m'Ao8Ja I d :f ° A v9� 21;. pm 2 l' yoke D � 4 e' a1no Z 0 R z °o o4z a n 1;'' 8,bz °a GOyely MI ! K Ordinance 480-798 • • — 0 ,y a�36 m „ilk, .. ;,.. !,...-14..,,,,,- rl rum 9 F1 A =m - � x jam. w o { * } ' sI 1 p I rye a fY ` f.,l o ..2- ' ' gi 1.1 4,444.. *:i**04-... L:-- '.'"--..'i.* ',3" '' r -tit 1. ..+ iiiiie 1 44i . 7. Of Z.,.411.0 /4; a y n e�7�S o .r DAVIS (IW'ROW) BOULEVARD ,, ,...:,as, R=974.79'L=121.71, 1-' ,� ! * Mil twc a 77 6' a 16.1' .O " R 5 fl O mmv�-v tnvm0 r mF >> mDr 7 �cpr opr O .Go "HP G] c e� rn n OgO of domD m nzv i. � ?tf Xy(fv-7 a�cn� o ��m z ao ammpz a-;n a n g yno m o`a ctO."mx�v Fxd-- 0,e 4Oi- � ^9, e • 0 7 mb�y ?�pD c rom Nmm m2o.. oa�o- _e mi Q , zo pm y.C7 �1A_v 1a@ : a5' i "n8P 2 m m oxa1D m am Z� , 9 �� _ o m�Z m W m IT ai m 4°n l i i a' i- ''' O : m o.H m N mo rn x££a '�; n 8 - Mnm m c�Q1 o Em�,. 33 � rn o Z G7 N A�nA3 "d N azvODy N 0 m ?D1' I Ea.T , ,g ' CAp D 4 .cc.--77 $,�G " P = CO O mpa. ;,�5 Z 000 DAa oqa5 O A aa FAO NO-]av 0 3; y� < AI a nv • Q o o'M d 3y • • Ordinance 480-798 Jake Fields From: Bruce Fields Sent: Sunday, May 21, 2023 2:08 PM To: Bruce Fields i, • alp Ordinance No. 480-798 • Bruce Fields Managing Partner The BFC Group 817-829-2235 2 Ordinance No. 480-798 “S-P-1” Detailed Site Plan District Regulations for Lot 1, Block 1, of By Faith Addition 8850 Davis Boulevard, Southlake, TX This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Section 08, “CS” Community Service District uses and regulations to include the site plan and elevations as shown. Permitted Uses • “CS” District Uses with the following exception: 1. Additional use for an Art Studio with instructional classes and retail limited to the Existing Facility approximately 1,296 square feet lease space. 2. Outdoor Market – Art Related Sales – these events would occur in the open-air park at the back of the property and on the lawn areas. They would occur monthly or every other month on a weekend between the hours of 10:00 am – 3:00 pm. Development Regulations • All “CS” Community Service District regulations shall apply. Parking • Parking for the site will be 1 parking space per 200 square feet of floor area Variances • Driveway Separation - utilize the Existing Entry/Drive. • Bufferyards and parking lot landscaping shall not be required until future plan approval. Bufferyards and parking lot landscaping shall be reconsidered with any future site modifications. • The tenant will continue to utilize curbside trash collection services. • The Existing Building will be utilized as is with minor interior finishes renovation. Mission: To provide a creative arts space for people to gather and share art using multiple mediums and techniques. This is accomplished by bringing people together to learn and provide fellowship, teach, nurture and support each other in art and also in life. Artisan Markets The goal of the Artisan Market Showcase is to introduce talent and the skills of local artisans to the community. Also allow Artisan to network and provide support for other Artist who will be teaching within The Gathering Place. The market will take place monthly or bi-monthly (every other) depending on availability of Artists and weather permitting. • Types of Artisans who will showcase their Art o Mixed Media Art o Painting – all mediums o Fabric and Stitching Projects such as quilting, applique, cross-stitch and free style o Wood Work o Metal Work o Leather Work o Jewelry • Events to showcase work created by our community groups o Recognition and Celebration of Talent and Creativity o Foster Entrepreneurship • Provide Support to other Art events like Annual Art in the Square event in Southlake Town Square o Give experience to up and coming artists at a much smaller scale event o Provide Business Guidance on those just getting started in the Art Space Maximum of 8-12 pop up booths so showcase local Artisans. Held on Saturday or Sunday afternoons. Usually 10am-3pm. Located on grounds. Parking will be onsite. All products featured will be hand produced. No Direct Sales Companies. This is not a flea market event.