Loading...
480-595 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -595 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 3A, BLOCK 3, DIAMOND CIRCLE ESTATES ADDITION, AND BEING APPROXIMATELY 1.12 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN 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 and 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 "0-1" Office 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 Ordinance No. 480 -595 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 Tight 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 Ordinance No. 480 -595 crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewage, 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 3A, Block 3, Diamond Circle Estates Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded as Volume 388- 177, Page 7, Plat Records, Tarrant County, Texas, and being approximately 1.12 acres, and more fully and completely described in Exhibit "A" from "0-1" Office District to "S -P -1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B and subject to the following specific conditions: 1. Subject to the conditions of approval for Ordinance No. 480 -595, also being Zoning Case ZA10 -009: a. Zoning change from "0-1" Office District to "S -P -1" Detailed Site Plan District to allow studios for the practice, education or training in academics, dance and /or music and exercise as permitted uses in addition to all current "0-1" Office District uses, noting that because of the accessory use, there will be no additional parking required for this particular use. SECTION 2. Ordinance No. 480 -595 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. Ordinance No. 480 -595 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 Ordinance No. 480 -595 required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 18 day of May, 2010. MAYOR ATTEST: C d Ae e c 4 9 :1 c y In T 1 4.i v e e CITY SECRETA r 0 °x04.eae e i s. e ie a. 0 0 0 ,0% PASSED AND APPROVED on the 2nd reading the 1 day of June, 2010. M OR ATTEST: i yal,6 0 tr. °r11° c al CITY SECRETA r% j m APPROVED AS TO FORM AND LEGALITY: f e g a d ,,,d� ,,0 A j A CITY ATTORNEY 7 DATE: 2-40 1'0 ADOPTED: (o%('[ 0 EFFECTIVE: (0 q- I 0 Ordinance No. 480 -595 EXHIBIT "A" Being Lot 3A, Block 3, Diamond Circle Estates Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded as Volume 388 -177, Page 7 Plat Records, Tarrant County, Texas, and being approximately 1.12 acres. Ordinance No. 480 -595 EXHIBIT "B" "S -P -1" Detailed Site Plan District for Lot 3, Block 3, Diamond Circle Estates Offices at Byron Nelson 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 18, O -1 "office district uses and regulations with the following exceptions: Permitted Uses All uses permitted in the "0-1" office district uses and to include the following additional uses: Studios for the practice, education or training in academics, dance and /or music and exercise. Hours of operation for these uses shall be limited to the following: M -Th.: 4:00 to 9:00 PM; Friday: 4:00 P.M. to 11:00 P.M., Saturday: 9:00 AM to 11:00 PM, and Sunday: 9:00 AM 9:00 PM. Development Regulations: Required off street parking shall follow the regulations of Section 35 of the Southlake Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: The site has been previously approved for 49 spaces plus 12 off site spaces through a reciprocal parking agreement for a total of 61 available parking spaces. The spaces are allocated as detailed below. General and Professional Office Uses: Parking shall be at a ratio of 1 space to 300 sq. ft of office space with hours of operation, M F from 8:00 AM to 5:00 PM. There is approximately 10,852 net square feet of office area available for daytime use. This translates into a need for approximately 36 spaces. Private Music School: Parking shall be at the greater of either 1 space per 100 square feet (20 parking spaces required) or 1 space per instructor /employee plus 1 space per 3 students or persons in attendance with hours of operation from approximately 4:00 PM to 9:00 PM, M F and 9:00 AM to 11:00 PM on weekends. The music school has the use of 10 offices which totals 1980 net sq ft. The lessons given are private or semi private in nature. One space is used for an office. A majority of the students are dropped off by parents /driving siblings. Common Areas/ Break Room /Storage: Floor area used for file storage and /or common area /break room shall require no parking spaces. There is approximately 7502 square feet of this type of use in the building. Ordinance No. 480 -595 c69-0817 "oN aoueu!pr0 • ti. A" ' ` p i t to r 11 ler II t :� APig 0° ¢ 1 1 JJII k e"d1 SAF S 7 K x ®L - v $ I "Py g { tiMI1 if 1 ;LINii g!is A.. {{ of as 11 1. _ 1 ;x 11 Iii ligR lip .'n A! li 1174 i '' — — a — 'I 9pqsx td 4 A la i rs ._ �b f�R 5A j 1 i911; •f cc YY C. • ; 1 oil 1 L r• aP Sl �" M"'C. o•rIia ua _ R ------ 1 gti 4i(.-s, ..n -©•- P.'ja'_y_ •'y_ N C. flI Irn�. . _ inhl D D I, mil� #„ iIF I: 40 1 - 1 Z �; i o b id I e > ; 11 Iii 11111 ) h itI • i, 1 aj j 1 •VAR'_ .A �� ;F 4\` J. ri v.1''I R F ` 7I W ,(/ 1 �ar ,,,o,t-1C:821............°M1 — r ' T Tii A �� F'F�.F f L -, •F . versa _ udi 7. ,,'4;; g J . nvsa►uLaQt A i LW Q w s .moi, s� a T -q 15y��1 q ,I.A� `o I I 7a ti^ 91 i '4 II 94-0111! 11... -4I ,�0 I A�YSA gSSS I X i Tru _ I I �s I i i iv I €gigs^§ Ml" i Yn PR 1 9S `01 ss F I 0 R•" i1 Co D I m I ii f 0 i FS 1 I f QP i i i i 0 i 1 i _fi �'� .r.=:,..a."� LOT 3 I�LGCK 3,DIAMCND CIRCLE' IfFafij rR t5:EC..1.414;•$.7"..°'!. J.URI!-ITan••..e a LLL yw` u BOUT 4r_ LA(E,TEYA.S a. L4h1JRR8 ..v:. ii 0„ }Igigx • INVOICE 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 ENS Sales Mlsc FeEI ON A CEr TRACT OR TR OF LAND W THE CITY SOUTHLAKE, AS BEING LEC DESCRIBED A! ?,A BLOCK 3, MEND CIRCLE TATES ADDI AND BEING PROXIMATELY ACRES, AND I FULLY AND PLETELY SCRIBED IN EX A" FROM OFFICE DISTRI S-P-1" DET, SITE PLAN A! PICTED ON APPROVED PLAN ATTA HERETO ANC CORPORA HEREIN AS EX B", SUBJEC' THE SPECIFIC QUIREMENTS THE S1 TAINED _ IN Befor the S that t' (817) NG Su Customer ID: CIT57 Invoice Number: 310506861 r x a. �_ Invoice Date: 6/3/2010 J' Terms: Net due in 21 days Due Date: 6/30/2010 JUN 1 6 PO Number: 21000007-000 Order Number: 31050686 �;"er11'i �'�,Ibi,t Sales Rep: 073 m Description: CITY OF SOUTHLA Publication Date: 6/3/2010 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 <$2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a sepparate offense: PASSED AND AP- PROVED THIS THE 1ST DAY OF JUNE, 2010, DURING THE 3580 1 105 105 LINE $0.81 $85.05 ($5.00) $5.00 Net Amount: $85.05 REGULAR CITY ```� �, HO •'''��� COUNCIL MEETING. MAYOR: John Terrell ATTEST: Lori Payne, \5 . "••••••• ��/� City secretary 1 V jk C �q�• 0 .0, rrr aa�� NO and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say n advertisement was published in the above named paper on the listed dates: BIDS 8, LEGAL DEPT. STAR TELEGRAM Sianed TO BEFORE ME, THIS Friday, Notary Publi PROVIDING•A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN' THE OFFICIALIWSPAPp Thank PROVIID NGRANpEF-�r 1 ayment `FECTIV E EDATE. ....._..._„V. _.. SECTION 7�. ..�._. __...._ .._.....___...._._....._...._..._......._..........................._...._._.._......._......,................_............._......_.._._.._._.._......,..,..— — — — _......._ — Any person, firm, or Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 310506861 Invoice Amount: $85.05 PO Number: 21000007-000 Amount Enclosed: 3 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 310213401 FORT WORTH, TX 76102 Invoice Date: 5/14/2010 (817) 390-7761 1 Federal Tax ID 26-2674582 ��� ��� Terms: Net due in 21 days Q ��`�. Due Date: 5/31/2010 Bill To: �50 G��o +tih \ e PO Number: 21000007-000. CITY OF SOUTHLAKE �Q w 31021340 1400 MAIN ST ���c, Order Number: STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 5/14/2010 Description Location Co `3Depth Linage MU Rate unt CITY OF SOUTHLAKE Notice is he 13580 1 120 120 LINE $0.81 $97.20 Sales Discount ($5.00) Misc Fee r " I fir. E . $5.00 MAY 2 6 2010 Net Amount: $97.20 QFFICE OF CITY SECRETARY UZ*VQF"Je CHRISTY L. HOLLAND MyCommission Expires 11 July 31, 2012 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 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 published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, 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: 310213401 Invoice Amount: $97.20 PO Number: 21000007-000. Amount Enclosed: CITY OF SOUTHLAKE Mice is hereby given V the City Council F the -City of outhlake, Texas, iat a public hearing ,ill be held .on June . 2010, at 5:30 p.m. - immediately fol- wing the Work ession, during the egular City Council ,eeting to be held the City Council OF ORDI sec - the IN_ E D IBIT TO'., RE - OF ALL NCES; PRO- A SEVER - CLAUSE; NG FOR A Y FOR VIO- HEREOF; NG A SAV- Legal Notices INGS CLAUSE; PROVIDING FOR PUBTHELICATION IN FFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. 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 Tm,n