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480-573 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-573 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 3 AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "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 "S-P-2" Generalized Site Plan 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 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, 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 3 Akard Addition, an addition to the City of Southlake and more fully and completely described in exhibit "A" from "S-P-2" generalized site plan district with "0-1" office district uses to "S-P-1" detailed site plan district "0-1" 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: Approved as presented; granting requested variances; and noting the requirement of a right-in/right-out driveway between 260 and 280 South Peytonville Avenue and subject to the following conditions of the Concept Plan Review Summary: 1. The minimum spacing between driveways along an arterial roadway is 250 feet. The applicant proposed a driveway approximately 220 feet from an existing driveway to the north and 170 feet to a future driveway to the south. (A variance requested and granted subject to a right-in/right-out driveway between 260 and 280 South Peytonville Avenue) 2 The underlying land use designation is Medium Density Residential with a T-1 (Transition) optional land use designation. The Medium Density Residential category allows for limited low intensity office uses. However, the Land Use Plan recommends that office buildings in the Medium Density Residential category be limited to 1-2 stories with footprints less than 6,000 square feet. 3. Provide an 8 foot trail as required along S. Peytonville Avenue by the Master Pathways Plan. Provide connecting internal sidewalk(s) to the trail. 4. Provide common access easements centered over and covering the width of all connecting driveways. Environmental Resource Protection Recommendations There are no specifically identified conservation areas on this property. Although not required by ordinance, trees should be preserved whenever feasible. A Tree Conservation Analysis is required. INFORMATIONAL COMMENTS: * All development must comply with the City's Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III "Residential Adjacency Standards". Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan meeting all requirements of the underlying zoning district must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: * Masonry requirements per Section 43, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. * Roof design standards per Section 43, Ordinance 480, as amended * Mechanical Equipment Screening * Vertical and horizontal building articulation (required on all building facades) per Section 43, Ordinance 480, as amended. * Building setback standards as per Section 43, Ordinance 480, as amended. * Spill-over lighting and noise per the Lighting and Noise Ordinances, as amended. * Off-street parking requirements per Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. Screening as per, Ordinance 480, as amended. Bufferyards in compliance with Ordinance No. 480, Section 42. Interior landscaping per Landscape Ordinance No. 544, as amended. Fire lanes must be approved by the City Fire Department. 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 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 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 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. /~~t;l PASSED AND APPROVED on the 1st reading the 21a day of eG &h-) , 2008. MAYOR C'r- ATTEST: v°,Tpc,°FeaQ„e ~i • pr • Y i co • e • • dL- al CITY SECRETAR • \ A 'A % PASSED AND APPROVED on the 2nd reading the Whh day of lckmha) , 2008. MAYOR ATTEST: D °.¢se°r°rfw,or r _ Mfr CITY SECRETARY 0 \4♦ APPROVE S TO FORM AND LEGALITY: CITY ATTORNEY DATE: Oaleo-,Wr S)200 ADOPTED: /b,ag EFFECTIVE: bdg7)&, l4 a(m EXHIBIT "A" Being Lot 3, Akard Addition, an addition to the City of Southlake, Tarrant County Texas, according to the Plat recorded in Volume 388-142, Page 100 Plat Records, Tarrant County, Texas EXHIBIT "B" y . z g ~ m -Z ~ ~ W u A~ a A~ E w V t „ ° ~ Z v y Q C N m~ 0 O Z ~ c a {y m O .y & J Moil a xC~.gw o . s~.R6 0ju ~ ¢ c v 5 r ~o Xj E t 5 x M o - d 3 J v d a i I a' v d E I i ~ ~ , IIL c I I ~ e ~ d I a 5 g " 1 vi 3 I s- - V~ L l- ICI J ~X L ~ 3 INVOICE Preview Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 302081641 FORT WORTH, TX 76102 (817) 390-7761 r — ° `- t Invoice Date: 12/21/2008 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2008 Bill To: JAN 1 4 2009 PO Number: 20900115-000 CITY OF SOUTHLAKE Order Number: 30208164 1400 MAIN ST STE 4401;= �iARY Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Dates:t2/19/2008 -12/21/200 Attn Attn: ACCOUNTS PAYABLE Description Loca>ti>< n, ;'Col Depth Linage MIT Rate Amount CITY OF SOUTHLAKE ORDINANCE O. I3580 1 125 125 LINE $0.42 $106.25 Sales Discount ($8.50) Misc Fee $5.00 Net Amount: $102.75 JAN THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 C11_1 n — _'w111111111u.. SUBSCRIBED AND SWORN TO BEFORE ME, TF Notary Thank You For Your Payment Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 302081641 Invoice Amount: $102.75 PO Number: 20900115-000 Amount Enclosed: $ I Legal Notices Any person, firm or corporation who vi- olates, 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,OO9.00) for each offense. Each day that a violation is shall it ed to constitute Is ta ULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lon PayneI, City Secretary. V 9 ' 1114INVOICE Preview Star—Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 300902691 FORT WORTH,TX 76102 (817)390-7761 RECEIVED Invoice Date: 10/19/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/2008 Bill To: NOV 1 1 PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST c (� Order Number: 30090269 STE 440 OFFICE U! Le'I;f 5t-CITE TARRY Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Dates:10/18/2008 - 10/19/200 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 135 135 LINE $0.42 $114.35 Sales Discount ($8.50) Misc Fee $5.00 Net Amount: $110.85 RECEIVED NOV ( 3 2008 � � BY: THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in th bove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed aN- `00111111111t/// \����l,P1E JACk i4/ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday,October ,2008. ��\\`P�QQ`�PUQ��CO�1, �� Notary Public OM \C- VA 4z--� _-6 I • '\ s Qy %%...EXPIP�' Thank You For Your Payment '''1��i11$;;;;°��`���\\ Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 300902691 Invoice Amount: $110.85 PO Number: no po Amount Enclosed: $ CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on No- vember 4, 2008, at 5:00 p.m. or imme- diately following the Work Session, dur- ing the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, South- lake, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 480-573 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS LOT 3 AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HEREIN- CORPORATED T Legal Notices HEREIN AS EXHIBIT "B", OR OTHER olates, disobeys, ZONING DISTRICT omits, neglects or WHICH REPRE- refuses to comply SENTS THE HIGH- with or who resists EST OR BEST USE- the enforcement of OF PROPERTY AS any of the provisions PROVIDED IN THE of this ordinance CITY'S COMPRE- shall be fined not HENSIVE ZONING more than Two ORDINANCE NO. Thousand Dollars 480 AS AMENDED ($2,000.00) for each SUBJECT TO THE! offense. Each day SPECIFIC REQUIRE- that a violation is MENTS CONTAINED permitted to exist IN THIS ORDI- shall constitute a NANCE; CORRECT- separate offense. ING THE OFFICIAL City of Southlake ZONING MAP; PRE- Lori Payne SERVING ALL OTH- City Secretary ER PORTIONS OF THE ZONING ORDI- NANCE; DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DQTE. SECTIC U 7. Any person, firm or corporation who vi-