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480-558a CITY OF SOUTHLAKE, TEXASy k ; .d ORDINANCE NO. 480-558a 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 1R, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 12.6339 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, TO "S-P-2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, 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 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 1 R, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9210 and 9211, Plat Records, Tarrant County, Texas, and being approximately 12.6339 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District with "0-1" Office District uses and including the uses of ambulatory surgery, imaging center, short stay beds, and associated services to include medical related retail, such as pharmacy and durable medical goods, to "S-P-2" Generalized Site Plan District with "0-1" Office District uses and including the uses of ambulatory surgery, imaging center, short stay beds, and associated services to include medical related retail, such as pharmacy and durable medical goods, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions: The Zoning Change and Concept Plan were approved as presented to the City Council on January 5, 2010; and, subject to the staff report dated December 30, 2009. 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. PASSED AND APPROVED on the 1st reading the 15th day of December, 2009. MA OR ATTEST: CITY SECRETA PASSED AND APPROVED on the 2nd reading the 5th day of January, 2010. MAYOR ATTEST: CITY SECRE RY RM AND LEGALITY: APPRZTORNEY CITY A DATE: / 1 1,9A ADOPTED: 1-510 EFFECTIVE: 0-0 EXHIBIT "A" Being Lot 1R, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9210 and 9211, Plat Records, Tarrant County, Texas, and being approximately 12.6339 acres. EXHIBIT "B" "S-P-2" Letter HKS JOHN H. HESSELER, AIA LEED AP PRINCIPAL 27 January 2003 (Revised December 10 & 31, 2007, February 25, 2008, March 28 2008, April 15, 2008, and November 09 2009) Mr. Dennis Killough City of Southlake, Department of Planning 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Harris Methodist Southlake- Case No. ZA 07-146 Concept Plan Submittal HKS Pr(ject No. 8173.025 Introduction Texas Health Resources has constructed a first please development of medical office space and a short stay hospital (16 beds) on 12 acre tract of land immediately south of the Southlake Town Center. An integrated building with a two story medical office component of approximately 50,000 GSF, and single story hospital component of approximately 37,500 GSF and associated surface parking has been constructed, with additional medical office and hospital expansion space to be constructed in future phases. An updated Concept Plan for the entire site is being re-..submitted. As part of the updated Concept Plan the overall building footprint for the existing phase 1 hospital building has been expanded to include square footage for all future building additions. The revised footprint allows for 55,644 SF single story hospital component..' A covered parking area has been shown deleted and replacement covered parking has been noted to occur beneath the phase 2 medical office building. Permitted Uses Existing zoning is "SP-2 & O-1" Office District, with proposed zoning to be "S-P-2" Generalized Site Plan District with "O-1" Office District use of ambulatory surgery, imaging center, short stay beds, and associated services. This property shall be limited to the permitted uses as found in the "O-1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended to include the use of ambulatory surgery, imaging center, short stay beds, and associated services. Adiacent Zoning Adjoining zoning is NRPUD on the north (Southlake Town Center), SF-20B Single Family Residential on the south, CS Community Service, 0-1 Office, S-P-2 Detailed Site Plan (office) on the east, and S-P-2 Detailed Site Plan on the west. Development Regulations The property shall be subject to the development. regulations for the "O-1" Office District, and all other applicable regulations, with the following exceptions: • The maximum impervious cover shall not exceed 70 percent of the total lot (site) area. Z A 0 9- 0 6 33 NOV 0 9 RECT CADoeuments end Se16ngsyb20esktop1SoutN9ke MD91ToCiy_71 09 09v4MMemo98D4152ming.do= HKS INC. 1919 WKINNEY AVENUE DALLAS, TX 75201-1753 214.969.5599 FAX 214.969.3397 • The north bufferyard shall be a 20 foot- Type 'M' bufferyard. • Allow the carport (canopy) for physician's parking. • Allow for medical retail such as pharmacy and durable medical goods. • Allow for a front setback for the Phase 2 2-story MOB to be no less than 5 feet. Mr. Dennis Killough Case No. ZA 07-146 January 27, 2003 (Revised December 10 & 31,2007, February 25, 2008, March 28, 2008, and April 15,2008) Page 2 • Zero lot lines shall be permitted between the 2-story medical office building and the 1- story hospital in Phase 1 • Allow for a regulation that bufferyards along interior lot lines shall not be required. • Allow for reducing the parking requirement on the Phase H medical office building to one space per 181 SF of floor area. Buff eryards Required bufferyards are on the north, M (20'), south Fl (10'), east and west A (5'). The applicant proposes to ultimately provide a 53' bufferyard on the south of the property, adjacent to the existing single family homes. Bufferyards will be landscaped pursuant to Section 42 of the Zoning Ordinance. Applicant is adding additional landscaping (and an irrigation system for these new trees) within the 53' bufferyard at the southwest comer of the site, as a result of requests by the neighborhood group. These trees. will be counted towards applicant's final tree mitigation requirements, when the Phase H medical office building is constructed. The calculation of caliper inches of mitigation for these new trees will be determined at the time of issuance of the building permit, by field measuring these trees at that time. Parking and Loading Dock Parking will be provided pursuant to Section 35 of the Zoning Ordinance. Medical office space at one space per 150 SF of floor area, and hospital use at one space per bed plus one space per each 4 persons employed. Three loading spaces will be provided, with two at 12' x 38' plus one at 12' x 60'. The loading area is located on the east side of the complex, and will be screened from FM 1709 by a 10' high masonry wall and landscaping. A trash dumpster will also be provided in this area, and will be screened by a masonry wall. Building Articulation Building articulation will based on taking the maximum height of the second phase development (35'), which results in a MHFL (Maximum Horizontal Fagade Length) of 105'. Masonry Construction Masonry construction is provided on all sides of the building. It is 100% of the total exterior wall, exclusive of all windows, doors, roofs, and walkway covers. Rooftop Mechanical Screening All rooftop mechanical equipment will be screened pursuant to Section 43- 5 (c). A mansard roof design is provided on the two story portion of the building. Sincerely, ~f John H. Hesseler, AIA Revised Concept Plan MCA, SSl zz RSA} - p I sI ~ gggb F~6 ~ Z. g; jMo .1 EAR ed F ~~w za~~ P 9 >e I d i. --4-1 VT 21 77 f i t Q f -F r 1 -1 , - I r- 4-1Y "FE L o 1 -9- a. 21€ Tai x° 4 ~z y g , -,j pm 4 - I e l ~j p ~IR4 ~~Q•' ~v ii£ eF~ I a .4 51- i v v~ :g>o Rg v P~ ~o~i ~ ~ i L -E F. i ~t~> F w ~ s ~r ~ ~~IM~ ~+~z ;`IE~jFf~Et ill~Iltl; ~Ei1I Mkt z~ z -u 6 ~K s Gi{j ''g$; =z i(7: {Nf 7 li 1. 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J Q i 2 Z Q W LL O t' Ip W ~ T c ' - 6a 41, i i Star -Telegram INVOICE Draft Only 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY LOMPREHE Sales ZONING -, A' txq s; G M1sC ON GANG i i TH Co i Be' the the, (81 Y AND iAND DINE ill SUBSCRIBED AND Thank You For Y Customer ID: CIT57 Invoice Number: D 308278951 Invoice Date: 1/8/2010 Terms: Net due in 21 days Zulu Due Date: 1/31/2010 PO Number: C ; �;:.(`RrRVrder 21000007-000 Number: 30827895 ales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 1/8/2010 I3580 1 135 135 LINE $0.81 $109.35 ($5.00) $5.00 Net Amount: $109.35 D.�pN A CHRISTYL. HOLLAND My Commission Expires JUIy31,2012 ""F- PROVIDING AN EF- FECTIVE FECTI VE DATE. and State, this da y personally appeared Deborah SECTION 7. ;,Any person, firm or corporation Baylor Norwood, Bid and Legal Coordinator for , n, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly i publish the who vi- olates, -disobeys, omits, _in sworn, did depose and say above named paper on the listed dates: BIDS & LEGAL DEPT. neglects or refuses to comply with orwho resists the enforcement STAR TELEGRAM ,`�•�` Signed g of the any of the provisions -77 \ - of this ordinance shall .be fined not more than Two HIS Tuesday, J ua 1 10. Thousand Dollars ($2,000.00) for each , offense. Each day 'that a violation is Notary Public permitted to exist shall constitute a separate Offense. .PASSED AND AP- PROVED THIS THE 5th DAY OF JANU-. ARY, 2010, DURING THE REGULAR CITY COUNCG. MAYOIJ hn Terrell R:ell ATTEST: Lori Payne, CitySecretary • --'-- � ._. --. _ A � ®.� _. � ._. � _. -.-. _ _. ®--. -.-. � ,_. � _ i Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF S OUTHLAKE 308278951 $109.35 21000007-000 INVOICE Draft Qnly ; . Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF SOUTHLAKE Notice is he Sales Discount Misc Fee THE STATE OF TEXAS County of Tarrant I3580 1 R,1 I W E L), JAN 1 5 2010 OFFICE OF CITY KCRETARY 150 Customer ID: CIT57 Invoice Number: 308023991 Invoice Date: 12/21/2009 Terms: Net due in 21 days Due Date: 12/31/2009 PO Number: 21000007-000 Order Number: 30802399 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 12/21/2009 150 LINE $0.81 $121.50 Net Amount: �KtV N, w.... s% CHRISTYL.HOLLAND ;. , My Commission Expires ." July 31,2012 '�,�•.;',:t ocvvse�evsw4•ro�rvvevve�sv®cvw,+vvroe�.r1 ($5.00) $ 5.00 $121.50 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 publish the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7501 \ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, ce �23, 2009.77,1 Notary Public C)//, 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: 308023991 Invoice Amount: $121.50 PO Number: 21000007-000 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 Jan- uary 5, 2010, at 5:30 p.m. or immediately, following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 480- 558a AN ORDINANr'F OR MATELY 12.6339 ACRES, AND MORE FULLY AND COM- PLETELY. DE - 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. City of Southlake Lori Payne City Secretary 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 January 5, 2010, at 5:30 p.m. or immediately following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordinance: ORDINANCE NO.480-558a 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 1 R, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 12.6339 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, TO "S-P-2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, 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. 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. City of Southlake Lori Payne City Secretary