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480-208ACITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO.480-208a 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 LOTS 1- 6, BLOCK 1, STONEBRIDGE PARK, AND BEING APPROXIMATELY 13.30 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL -RETAIL COMMERCIAL DISTRICT USES AND "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT 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-2" Generalized Site Plan 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, 19 89, 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 Lots 1 — 6, Block 1, Stonebridge Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 3998 and Cabinet A, Slide 4153, Plat Records, Tarrant County, Texas, and being approximately 13.30 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District with "C-2" Local -Retail Commercial District uses and "O-1" Office District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions, if any: 1. "C-2" Local -Retail Commercial District uses and development regulations shall be Page 3 permitted on Lots 1 & 6; 2. "0-1" Office District uses and development regulations shall be permitted on Lots 2R2 through 5R2; 3. A parking ratio of 1 space per 201 square feet of building area shall be used in calculating required parking for the entire site; 4. A 6' wrought iron fence will remain, as previously approved, along the northern, western and eastern property lines; 5. The overall site, as shown on the concept plan, shall not exceed 50% (reduced from 65% per applicant agreement). However, individual lots created within the site boundary shall not exceed 69%; 6. The setback on Lot 4R2 shall be 33 feet; 7. The setback on Lot 3R1 shall be 17 feet; 8. Bufferyards along interior lot lines shall not be required; 9. Allowing the parking spaces adjacent to the public street right-of-way as shown on the concept plan in Exhibit `B'; 10. Granting the requested variance allowing a 40 foot right-of-way with a 30 foot pavement width in lieu of the minimum 60' of R.O.W. required for commercial streets; 11. Granting the requested variance allowing a driveway spacing of 390 feet to an intersection on W. Southlake Boulevard; 12. Granting the requested variance allowing a driveway spacing of 63 feet between Lots 5R1 & 5R2 and 66 feet between Lots 4R1 & 5R1; 13. Granting the requested variance allowing stacking depths of 15 feet for drives and 0 feet for on -street parking along Stonebridge Lane; 14. Noting an agreement to remove the parking spaces adjacent to the street shown east of the retention pond; I S. Noting an agreement to place a sidewalk on the east side of Lot 5R2 up to the trail on the west side of the existing pond; 16. The following requirements apply to the concept plan attached hereto as exhibit `B": a. Extend the drive lanes and common access easements to the property lines to provide connection into the east and west adjacent properties; Page 4 b. Sufficient parking must be provided per individual lot unless a written agreement is properly executed and filed as outlined in the Comprehensive Zoning Ordinance No. 480, as amended (Sec 35.2.b). A reciprocal shared parking and access agreement must be provided to the City prior to issuance of a building permit for any building. 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, 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. Page 5 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. 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 Page 6 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 19t6 day of April, 2005. MAYOR ATTEST: g0UTff, /� : �• : 0 CITY SECRETARY = •do PASSED AND APPROVED on the 2nd reading the 3d day of May, 2005. MAYOR ATTEST: `BUT e }�' vA CITY SECRETAR CO Page 7 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: `J',5, Q} EFFECTIVE: blp lb Page 8 EXHIBIT "A" Being Lots 1 — 6, Block 1, Stonebridge Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 3998 and Cabinet A, Slide 4153, Plat Records, Tarrant County, Texas, and being approximately 13.30 acres. Page 9 EXHIBIT `S` C—_gb.*o_ ___ _9.0, _A—W_ � , ■ \\�� } \=_rPis. 218-P- .*.§ ^,P—©» \ � , M{_\ Page 10 RCC Realty Capital Corporation March 13, 2005 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake. Texas 76092 RE: Lots I and 6, Block.1, Stonebridge Park; Proposed Permitted Uses and Developmeni Regulatious for "25-P-2" Zoning Permitter Uses "this propem shall be limited to the permitted uses as found in the "C-2" Neighborhooc Commercial District as amended in the Comprehensive Zoning Ordinance No. 480. D ��Io m�ent Regulations This property shall be subject to the development regulations for "C-2" Commercial, and a] other applicable regulations with the following exceptions: o Fencing along the western property line will remain 6' wrought iron, as previousl-1; approved, in lieu of the 6' fence required by the "F- I" bufferyard. e Bufferyards along interior lot lines not be required for this development. 0 All channel improvement-, required will be approved by City engineers during the forma engineering of the site. Please call me with any questions or comments; I can be reached at (817) 4 884200 x 127. Sincerely, r7ma4g7�— Vice President of the General Partner Southlake Stonebridge Park, Ltd. nn NA-;- C--- C-4- IsAn Ir­— IYAn't A. t0t'n A QQ AIM . r— ftlll AIA-"MAQ Page 11 R Realty Capital Corporation March 3, 2005 City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Lots 2R1 — 5R2, Block 1, Stonebridge Park; Proposed Permitted Uses and Development Regulations for "S-P-2" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "O-l" Office District as described in the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "O-l" Office, and all other applicable regulations with the following exceptions: An overall parking ratio of 1 space per 201 square feet of building area shall be used in calculating required parking for the entire site. Parking shall be considered as a whole instead of based on individual spaces for each lot in order to provide a consistent feel and architectural standard for the overall development. All Tenants and/or Buyers for the development will sign a shared parking clause/easement in their respective lease/sale agreements as mutually approved by us and the City Attorney. • Fencing and screening along the northern, westem and eastern property lines will remain 6' wrought iron, as previously approved, in lieu of the 6' fence required by the "F-1" bufferyard and the 8' screen that is required adjacent to residential properties. The overall site, as shown on the Concept Plan, shall not exceed 65% impervious coverage (currently 51%), based on the net land area (less any public street R.O.W. dedications). However, individual lots created within the site boundary shall not exceed 69% impervious coverage. Setbacks along the perimeter site boundary, as shown on the Concept Plan, shall adhere to requirements, with the only exception being Lot 4R2 and Lot 3R1. Lot 4R2 and Lot 3R1, as shown, are required to slightly encroach on the bufferyard in order to adhere to the overall parking, architecture, and building depths for this site. The building on Lot 4R2 shall have a maximum encroachment of 7.27. The building on Lot 3R1 shall have a maximum encroachment of 23.0'. 99 Main Street, Suite 200, Colleyville, Texas 76034 • (817) 488-4200 • Fax (817) 424-2448 Page 12 9 Bufferyards along interior lot lines not be required for this development. Alt channel improvements required will be approved by City engineers during the forma engineering of the site. Please call me with any questions or comments; I can be reached at (817) 488-4200 x127. Sincerely, Rory a€� ire Vice President of the General Partner Stonehridoe Monticello Partners. Ltd. Page 13 Star -Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 INVOICE -�J 0 l�l ' 1 OFFICE OF CITY SECRETARY CITY OF SOUTHLAKE Notice is he 1 RO CITY OF SOUTHLAKE Any person, firm 01 corporation who Vio- Notice is hereby given the City of Southlake, lates, disobeys, omits, neglects or refuses to Texas, that a public comply with or who resists the enforce - hearing will be held on May 3, 2005, at ment of any of the 6:00 p.m. or immedi- provisions of thisor- dinance shall be finec ately following the Work Session, during not more than Twc Thousand D011are the Regular City Council meeting to be ($2,000.00) for each offense. Each day that held in the City Council Chambers ty a violation is permitted Town Hall, 1400 Main to exist shall consti- tute a separate of - Street, Southlake, Texas. Purpose of the fense. City of, Southlake public hearing is to consider the second Lon Farwell reading of the fol- City Secretary THE STATI County of 1 Before me, for the Star that the atti (817) 39C SUBSCRIBE Thank Y( Remit To n Cot Customer 1 D: CIT57 Invoice Number: 254328581 Invoice Date: 4/17/05 Terms: Net due in 21 days Due Date: 4/30/05 PO Number: NO PO Order Number: 25432858 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Dates: 4/16/05 -4/17/05 ►th Linage MU Rate Amount 124 124 LINE $0.42 $103.44 Net Amount: $103.44 CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2006 )r said County and State, this day personally appeared Lisa Wesselman, Bld and Legal Coordinator the Star -Telegram, Inc. at Fort Wort n Tarrant County, Texas; and who, after being duly sworn, did depose and say prtisement was published in thejabovj n med paper on the listed ates: BIDS a LEGAL DEPT. STAR TLEGRAM Signed - -- :FORE ME, THIS Thursday, April 21, Notary Public yment Customer ID: CIT57 51 Customer Name: CITY OF SOUTHLAKE TX 76101-2051 Invoice Number: 254328581 Invoice Amount: $103.44 PO Number: NO PO Amount Enclosed: $ INVOICE Star -Telegram 400 W. 7th Street FORT WORTH TX 76102 Customer ID: CIT57 Invoice Number: 255114261 (817) 390-7761 - Invoice Date: 5/6/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days + u I LOFFICE Due Date: 5/31/05 Bill To: ___jPO Number: NO PO CITY OF SOUTHLAKE Y SECRETARY Order Number: 25511426 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 5/6/05 Description, Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO —CAIZE _ a violation is permitted ORDINANCE NO. to exist shall consti- 480-208a fete a separate of - AN ORDINANCE fense. AMENDING ORDI- PASSED AND AP- NANCE NO. 480 AS PROVED THIS THE AMENDED, 'rHE 3rd DDUOF MAY 2005 RI COMPREHENSIVE REGULAR CITY ZONING ORDI_TY COUNCIL MEETING. OF OF THE CITY MAYOR: And TEXASSOUTHLAKE, Wam9bs anss y TEGNG A ZONIRANTING CHANGE ATTEST: Lori Farwell. O��NA..o TEoRTAI City Secretary kS 13580 1 112 112 LINE S0.81 S90.72 blic in and for said County and State, this el wblished by the Star -Telegram, Inc. at F Worm ig of an advertisement was published \ R71JI T M 'ORN TO BEFORE ME, THIS Thursday, May 19, Net Amount: $90.72 nally appeared Christy Holland, Bid and Legal Coordinator in Tarrant County, Texas; and who, after being duly sworn, did depose and say INTERNET in the above named paper,on the listed dates: BIDS $i LEGAL :uN111NZ// 1/// �0 Z rn E0F Your Payment �'''���io8 19 2��o Y ��///Hflllllllltl„t\>\O Notary Public Telegram Box 901051 �T WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 255114261 $90.72 NO PO I