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480-439A
CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-439a 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 DESCRIBED AS LOT 5R, BLOCK 5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 9866, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.7173 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, ALLOWING THE USES IN THE ATTACHED REGULATIONS AND AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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, Ordinance No. 480 -439a Page 1 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 Ordinance No. 480 -439a Page 2 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: Ordinance No. 480 -439a Page 3 Being described as Lot 5R, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9866, Plat Records, Tarrant County, Texas, being approximately 2.7173 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, allowing the uses in the attached regulations and as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: S -P -2 Regulations approved June 15, 2004 CORNERSTONE BUSINESS PARK USE AND DEVELOPMENT REGULATIONS FOR '5 —P -2 for C- 2/1 -1' ZONING PERMITTED USES: (LOT 1) ZONING FOR TTII5 LOT SHALL PERMIT ALL 'C -2' LOCAL RETAIL COMMERCIAL DISTRICT AREA USES, ACCORDING TO ZONING ORDINANCE NO. 480, SECTION 21. PERMITTED" USES: (LOTS 1, 2, 3, 4 k 5) EXCLUDED USES: PERMITTED USES: 21) Machine shop 1) Sexuall- oriented businesses 1) Any use permitted In the 0 -1 Office District 22) Mattress manufacturing or mattress renovation 2) Blocksmlthing or horse shoeing 2) Aluminum product fabrication 23) Manufacturing of medical or dental equipment 3) Candle manufacturing 3) Armature winding 24) Monument manufacture 4) Creamery and dairy product processing 4) Bakery, wholesale 25) Ornamental iron works 5) Egg storage, candling, sorting and grading 5) Broom manufacturing 26) Pest control businesses 6) Farrier (horseshaeing) 8) Cabinet or carpentry shop 27) Plastic fabrication 7) Feed stores 7) Candy plant or production facility 28) Plumbing, heating, refrigeration or air 8) Ice manufacturing and bulk Inc storage 8) Carpet cleaning operations conditioning shop 9) Mini— warehouses 9 Clothing manufacturing 29) Public utility facilities 10) Cold storage warehouse without size limitation 30) Pump sales and service 11) Commercial school, including trade school 31) Roofing contractor business premises 12) Compounding of cosmetics and toletries 32) Sash and door manufacturing 13) Electronic components manufacturing and assembly 33) Sheet metal shop 14) Glass blowing 34) Sign manufacturing 15) Ice cream manufacturing 35) Spray painting shop 16) Insulation application business 36) Stare fixture manufacturing and sales 17) Irrigation sales and services, Including pumps and 37) Warehouses equipment 38) Welding equipment and supplies 18) Janitorial or cleaning services 39) Community Facility Uses— City hall, police and 19) Laboratory, chemical analysis, general analysis, fire stations and other municipal uses physical testing 40) Health and physical fitness centers and 20) Linen and towel service gymnasiums, not to exceed 16,000 square feet DEVELOPMENT REGULATIONS: THIS PROPERTY SHALL BE SUBJECT TO THE DEVELOPMENT REGULATIONS OF THE 1-1" UGHT INDUSTRIAL DISTRICT, SECTION 26 OF ZONING ORDINANCE NO. 480, AS AMENDED, AND ALL OTHER APPUCABLE REGULATIONS OF ZONING ORDINANCE NO 480, AS AMENDED, WITH NE FOLLOWING EXCEPTIONS: 1. LANDSCAPE AREAS ADJACENT TO THE COMMON PROPERTY ONES THAT ARE PROVIDED IN UU OF NE INTERNAL BUFFERYARD ARE SUBJECT TO 114E LANDSCAPE ADMINISTRATORS APPROVAL 2. MAXIMUM IMPERVIOUS COVERAGE UMITED TO A MAXIMUM OF 756 FOR LOT 1, 81.26 FOR LOT 2, 806 FOR LOTS 3,4 AND 5, MAXIMUM IMPERVIOUS COVERAGE FOR TOTAL SITE NOT TO EXCEED 756 3. NUMBER OF PARKING SPACES REQUIRED/PROVIDED MAY BE ADJUSTED +/— 106, PRONGED THAT IN NO CASE SHALL MAXIMUM SITE IMPERVIOUS COVERAGE EXCEED 756 4. ALL BUILDING FOOTPRINTS /SQUARE FOOTAGES SHALL BE RESTRICTED TO +/— 106 OF FOOTPRINTS /SQUARE FOOTAGES SHOWN. 5. THE F -1 BUFFERYARD BETWEEN LOT 4 AND ADJACENT C -3 COMMERCIAL PROPERTY SHALL NOT BE REQUIRED, IN FAVOR OF THE EXISTING NATURAL DRAINAGE EASEMENT LOCATED BETWEEN LOT 4 AND COMMERCIAL PROPERTY TO THE NORTH WHICH SHALL REMAIN IN A NATURAL STATE. 6. ALL LOTS (1 -5) SHALL BE RELIEVED FROM RESIDENTIAL ADJACENCY REQUIREMENTS DUE TO LOCATION OF ALL PROPERTY WITHIN 400' FROM THIS DEVELOPMENT YATHIN 75 LON NOISE CONTOUR ESTABLISHED BY AIRPORT COMPATIBIUTY LAND USE ZONING ORDINANCE # 479, WHICH PROVIDES THAT ALL RESIDENTIAL USE WITHIN THIS CONTOUR IS PROHIBITED. P82 and City Council motions for original S -P -2 zoning approved June 15, 2004: P &Z Action - May 20, 2004; Approved (6 -0) subject to Concept Plan Review Summary No. 2, dated May 14, 2004, as proposed; noting the applicant's willingness to leave the drainage area in a natural state, and to work with the landscape administrator in locating some required bufferyard plant material in the landscape areas along the sides of the buildings. Council Action - June 1, 2004; Approved first reading (7 -0) subject to Concept Plan Review Summary No. 2, dated May 14, 2004; incorporating the recommendations of the Planning and Zoning Commission; and accepting the applicant's willingness to restrict the Ordinance No. 480 -439a Page 4 impervious coverage on Lot 1 to 75 %, Lot 2 to 81.2 %, a maximum of 80% on Lots 3, 4, and 5 with an overall combined maximum impervious coverage on all lots of 75 %; and accepting the applicant's agreement to further eliminate the following 1 -1 uses: machine shop, mini - warehouses, aluminum product fabrication, broom manufacturing, cold storage warehouse, compounding of cosmetics and toiletries, janitorial or cleaning services, mattress manufacturing or renovation, and manufacturing of medical and dental equipment. June 15, 2004; Approved second reading (7 -0) subject to Concept Plan Review Summary No. 3, dated June 9, 2004; and subject to conditions set at first reading. S -P -2 Regulations approved January 18, 2011 CORNERSTONE BUSINESS PARK USE AND DEVELOPMENT REGULATIONS FOR - S -P -2 far C- 2/1-1 ZONING PERMITTE0 USES: (LOT t) ZONING FOR IRS LOT SHALL PERIIIT ALL 'C -2 LOCAL RETAIL CIMOLERCIAL DISTRICT AREA USES, ACCORDING TO ZONING ORDINANCE HO. 480, SECTION' 21. PERMITTED USES: (LOTS 1, 2, 3, 4 & 5) EXCLUDED USES: PERMITTED USES: 21 LAach&ne shop 1) Sexud1ywriented businesses 1) Any use permitted in the 0-1 Mille District 22 Mattress manufacturing er moltee. renovation 2) Blackamllhln4 or horse shoeing 2) AFumi,um pradpcl fahrleetkm 23 ManalastWing 01 medical tI denid equipment 3 Candle morwtacwdng 3) Armature winding 24) Monument manufacture 4 Creamery and defy product processing 4) Bakery, whn(.sale 25) Ornamental Iran wodrf 5) Egg etwdge, condng, sorting and grading 5) Broom manufoeturing 26) Pest control NAiinessas 6) Farrier (horseshesing) 6) Cabinet or carpentry shop 27) Phalle lubrication 7) Farm stoma 7) Candy plont or production foclRy 28) Plumbing, healing, refrigeration or air 8) Ice manufacturing and hulk Ice storage 8) Carpet awning Operation& condi boning shop 9) Mini- warehausee 9) Clothing manufacturing 29) Public utility focIrdies 10) Cold storage warehouse without size 1kn11otion 30) Pump sales and service 11) Commerdd school, Including Rode school 31) Rooting cenlroct9 business praIN4es 12) Camowtdlog of casmettss and talelrfes 32) Sash and don* manufacturing 13) Electronic components manufacturing and ossemb(y 33) Sheet metal shop 14) Gloss Vandal 34) Sign maWUfoclurbng TS) Poe Grum 16 insulation application business 36) S iaan y fixture manufacturing s monuloeturing and sales 17) OrlgaUon SONS and (16rVlca, Including pumps and 37) Warehouses equip 35 Wdding equipment and euppiles 18) Janitorial or cleaning services 39) Community Farr(Ily Uses- City hall, Doke end 19) Laboratory, chemical onglysis, general orsoir11. Qre station* and ether municipal uses physical testing 40) Health and physical Anne centers and 20) Linen and lowet service gymn asiums, not to armed 16,000 square teat DEVELOPMENT 66006 T10ti5; 1146 PROPERTY SHALL BE SUBJECT 10 THE DEVELOPMENT REGULATIONS OF THE 3 -1 (10111 1NDt1STRUL DISTRICT. SECTION 26 OF ZONING ORDINANCE NO. 400, AS AMENDED. AND ALL OTHER APPLICABLE REGULATORS Or 20NINC ORDINANCE NO 480. AS memo). WIT THE FOLLOWING EXCEPTIONS: 1. LANDSCAPE AREAS ADJACENT TO THE COMMON PROPERTY UNES THAT ARE PROVIDED IN UU OF 111E INTERNAL BUFP£RYM(D ARE SUBJECT TO THE LANDSCAPE ADMINISTRATORS APPROVAL 2. NAXRJUM IMPERVIOUS COVERAGE UM11ED TO A MAXIMUM Or 735 FOR LOT 1, 01.2x FOR LOT 2. 80X FOR LOTS 3,4 AND 5, MAXIMUM IMPERVIOUS COVERAGE FOR TWA 5016 NOT TO EXCEED 75X 3. NUMBER OF PAWING SPACES REQUIRED/PROVIDED MAY BE ADJUSTED +1- son PROVIDED THAT IN 110 CASE SHALL MAXIMUM SITE IMPERVIOUS COVERAGE EXCEED 751: 4, ALL GIM.DING FOOTPRINTS/SQUARE FOOTA0ES SHALL BE RESTRICTED TO +/- IOC OF FOOTPRPITS /SQUARE FOOTA065 5)90x69. S THE F -1 8UKFERYARD BETWEEN LOT 4 ANO ADJACENT C-3 COMMERCIAL PROPERTY SHALL NOT 8E REQUIRED, IN FAVOR or THE EXISTING NATURAL DRAINAGE EASEMENT LOCATED DETWEEN LOT 4 AND COMMLRLTAL PROPERTY 70 1HE NORTH WHICH SHALL REMNN IN A NATURAL STATE- S. ALL LOTS (1 -5) SHALL BE REUEVED FROM RESIDENTIAL ADJACENCY REQUIREMENTS DUE TO LOCATION OF ALL PROPERTY (AT19N 400' FROM THIS DEVELOPMENT 911HIN 75 LDN NOISE CONTOUR ESTABUSHEO BY AIRPORT COMPATIBILITY LAND USE ZONING ORDINANCE Y 479, TIUCH PROVIDES THAT ALL RESIDENTIAL USE WITHIN 1155 CONTOUR IS PROHIBITED. 7. THE PERMITTED USES FOR LOT 5R BLOCK 5 (SHOWN AS LOT 3 ON 111E CONCEPT PLAN) WILL BE AS FOLLOWS: ANY USES PERMITTED IN THE 0-1 OFFICE DISTRICT; LABORATORY, CHEMICAL ANALYSIS. GENERAL ANALYSIS, PHYSICAL TESTING; HEALTH AND PHYSICAL FITNESS CENTERS AND GYMNASIUMS, NOT TO EXCEED 16,000 SQUARE FEET; COMMERCIAL SCHOOL INCLUDING TRADE SCHOOL: COMMUNITY FACILITY USES - CITY HALL, POUCE AND FIRE STATIONS AND OTHER MUNICIPAL USES; MANUFACTURING OF MEDICAL AND DENTAL EQUIPMENT; PUBLIC UTILITY FACIL5ES Ordinance No. 480 -439a Page 5 S -P -2 Zoning Letter and Regulations for Lot 5R approved January 18, 2011 I I HGA Hart, Gaugler & Associates, Inc. Civil & S tructura l E ng i neering A 0 January 18, 2011 Mr. Dennis Killough City of Southlake Department of Planning 1400 Main Street, Suite 310 Southlake, TX 76092 Re: Texas Digestive Disease Consultants - Medical Office Building HGA Project Number 210127 Dear Dennis: Texas Digestive Disease Consultants (TDDC) desires to build a new Medical Office Building on Lot 5R Block 5 of the Cornerstone Business Park located on Nolen Drive south of Silicon Drive in Southlake, Texas. The new Medical Office Building will be approximately 16,790 square feet. The property is currently zoned "S -P -2 with I -1 uses" as shown on the Concept Plan dated December 13, 2004 and the property has an Industrial Land Use Designation. Medical Office use is allowed in the I -1 base zoning but the Concept Plan for the lot in question listed 32,000 square feet for the allowable building size and listed 51 parking spaces on the plan. In the Development Regulations listed on the plan, the number of parking spaces may be adjusted +/- 10% and the building footprints/square footages are restricted to +/- 10% of the footprints /square footages shown. Our present Concept Plan and Site Plan include a building that is 48% smaller than that shown on the previous Concept Plan. Because of our office use we are proposing to provide 111 parking spaces. The maximum impervious coverage per the Concept Plan is 80%. Our present Concept Plan and Site Plan include 56.76% of impervious coverage. In order to develop the property in a manner that is suitable to the needs of the Medical Office Building, the property will need to be rezoned. Our request is to revise the current zoning and Concept Plan to allow for the square footage and parking to meet the needs of our development. The S -P -2 regulations will remain the same except for the following: • Twelve covered parking spaces will be allowed in the area indicated on the site plan and as shown on the elevation and rendering. • The permitted uses for Lot 5R Block 5 (shown as Lot 3 on the Concept Plan) will be as follows: 1. Any uses permitted in the 0-1 Office District 2. Laboratory, chemical analysis, general analysis, physical testing 3. Health and physical fitness centers and gymnasiums, not to exceed 16,000 square feet 4. Commercial school, including trade school 5. Community Facility Uses - City hall, police and fire stations and other municipal uses 6. Manufacturing of medical and dental equipment 7. Public utility facilities Variance requests will include the following: • Driveway Stacking: The required internal storage, based on the average number of parking spaces per driveway (85.5) and based on the total number of parking spaces (342) is 100'. The minimum storage length shall be thirty -three (33) feet. 12801 N. Central Expressway • Suite 1400 • Dallas, TX 75243 • Voice 972-239-5111 • Fax 972 -239 -5055 Ordinance No. 480 -439a Page 6 I I HGA Hart, Gaugler & Associates, Inc. Civil & Structural Engineering 0 Thank you for your assistance on this project. Please contact me with any questions or comments you may have. Sincerely, Hart, Gaugler & Associates, Inc. John D. Blacker, P.E. Principal F.2010 2 101 2 71Civi0SUMui.a61011 -01.18 city council nic vingl201 I.0l- 18- 1-TR -mnin8 nar:aive- TDDC.do 12801 N. Central Expressway • Suite 1400 • Dallas, TX 75243 • Voice 972- 239 -5111 • Fax 972 -239 -5055 Ordinance No. 480 -439a Page 7 P&Z and City Council motions for Lot 5R (shown as Lot 3 on the Concept Plan) S -P -2 zoning approved January 18, 2011: P &Z Action: December 9, 2010; Approved (4 -0), subject to the staff report dated December 9, 2010, granting the variance to driveway stacking depth, noting the applicant's willingness to modify the storm drain routing on the northern portion of the lot in an attempt to save trees 455, 441, 442 and 443, noting the applicant's willingness to modify the driveway routing in an attempt to save tree 424, and on that same drive, any grade changes that could be done to save that tree would be appreciated, and also noting the applicant's willingness to look into changing the covered parking structures to match the canopies that are used on the building. Council Action: January 4, 2011; Approved 1 reading on consent (7 -0), with the comments made by Council during work session, which include contacting the lender to inquire about removing the industrial uses, providing landscaping all around the base of the building, addressing the landscape administrator's comments a -e, providing lighting according to the City's ordinances and revising the covered parking structure to match the canopies on the building. January 18, 2011; Approved 2 " reading (5 -0), granting the requested variance to driveway stacking, subject to P &Z's recommendations, subject to the applicant's presentation, subject to the revised S -P -2 letter dated January 18, 2011 limiting permitted uses and allowing covered parking over twelve spaces, and subject to Site Plan Review Summary No. 3, dated December 17, 2010: 1. The metal halide lighting shown on the Site Plan — Photometric does not meet the requirements of Lighting Ord. No. 693 B, requiring that luminaires on poles over 42" in height and exterior mounted Tight fixtures shall be high pressure sodium or other lights giving a similar soft lighting effect. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill -over. 2. Provide the agreement for the off -site private drainage facilities. 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 Ordinance No. 480 -439a Page 8 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. Ordinance No. 480 -439a Page 9 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. Ordinance No. 480 -439a Page 10 PASSED AND APPROVED on the 1st reading the 4 day of January, 2011. . MT'• R ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 reading the 18th day of January, 2011. M "OR ATTEST: U) CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 15I aYb11 ADOPTED: / /f- /1 EFFECTIVE: Mil Ordinance No. 480 -439a Page 11 EXHIBIT "A" Being described as Lot 5R, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 9866, Plat Records, Tarrant County, Texas, being approximately 2.7173 acres, and being more fully and completely described below: BEGINNING at an "X" cut in concrete found on the northeasterly right —of —way line of South Nolen Drive (a called 60 foot wide public right —of —way dedicated to the public in Cabinet A, Slide 9866, P.R.T.C.T.), and being the west corner of said Lot 5R and the south corner of Lot 2R1R, Block 5 of said Cornerstone Business Park, said "X" cut also being approximately 1400 feet North and 1570 feet East of the southwest corner of said Thomas Easter Survey; THENCE North 52' 29' 44" East, departing said northeasterly right —of —way line, and along the common line of said Lots 2R1R and 5R, a distance of 280.50 feet, to an "X" cut in concrete found at the north corner of said Lot 5R; THENCE South 37' 30' 16" East, along the common line of said Lot 5 and Lot 4R, Block 5 of said Cornerstone Business Park, a distance of 414.16 feet, to a 5/8 inch iron rod found with a cap stamped "JDJR" (Controlling Monument) at the most northerly east corner of said Lot 5, and being on the west line of Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plot filed for record in Volume 388 -214, Page 60, P.R.T.C.T.; THENCE South 00' 19' 00" East, along the common line of said Cornerstone Business Park and Commerce Business Park, a distance of 59.84 feet, to a 5/8 inch iron rod found with a cap stamped "JDJR" (Controlling Monument) at the most southerly east corner of said Lot 5R, and being at the northeast corner of Lot 6, Block 5, Cornerstone Business Park, as filed for record in Cabinet A, Slide 4010, P.R.T.C.T.;. THENCE South 72' 11' 18" West, along the common line of said Lots 5R and 6, a distance of 270.68 feet, to a 5/8 inch iron rod found with a cap stamped "JDJR" (Controlling Monument) on the northeasterly right —of —way line of the aforementioned South Nolen Drive, and being on a curve to the left whose center bears South 72' 10' 55" West, a distance of 180.00 feet; THENCE along said curve to the left, through a central angle of 19' 41' 11" (19' 41' 30" — Called), for an crc length of 61.85 feet (61.87 feet — Called), to a 5/8 inch iron rod found with 0 cap stamped "JDJR" at the point of tangency of said curve; THENCE North 37` 30' 16" West, along the northeasterly right —of —way line of sold South Nolen Drive, a distance of 310.45 feet (310.47 feet — Celled), to the POINT OF BEGINNING, and containing 2.7173 acres (118,364) square feet of land, more or less. 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InDric 4-7,',.,1 1 Hurt, Gaugler 0 T., R . i ,....:. -CONSERVATION 4' " rAA 4 HGA 8 OP= l '•'F' ri Texas Digestive Disease Consuhants -, s'er -i _ -t. - 1 Trumart-rmnurom.m.,:re TARRNITCOUN7Y.1 )7. , Ordinance No. 480-439a Page 16 Landscape Plan Submitted January 10, 2011 :rim op To] 11 11 i 0 1 1 1 0= 5.,g3 ! i 1 q q IgplailiAil 11/1 alp li i 1 i! i•'' 114111§1! 1 0A iligi ; 1 1 " Ini Nil tl. li 1 1 _ %' I .7 -7 ill g 27 z, 1 if HO 1 i i A g . A :. - 0 • s ', ,';' 0 1,'" \ i NI , I _ E • ., , .‘,..7 ,-,: s 0 . gp . . , .' q i • ,,, , ,,t;I: 0 , 0 )) ' '.0: ----11 1 i s : ''. '''' '', ; 0 $ 4 0 \-- _ Z n ". \ or pa - k j4 - , :t' . ,,-(11 , '-' N _ 1 ) ' ' nR . 9 W - -3 - - ",': 9 3- -- ' ' 1 I 1 1 § 1 4 1 , . -7) loilumin 1 ,...... _ .„.. p 3 4 . a a F :ID I '>. - • A ‘,, 4 , : I ,90 . '■g rr2; --- , li . I ! 20 lqra , ko,. 1 ,'-' ''''-- II ' e 1 , ...... 1 PV 1 'a `c; E d 0 ,■,.., ma. i P 1 I ,., , . 4 n • , • 04 0 0 r . ,7. ---- ek 4, , 1 , :1 I AAAA. 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W FROM THE NORTHWEST .._ .a ...ay xN SD202 Ordinance No. 480 -439a Page 19 INVOICE Star - Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 314023811 FORT WORTH, TX 76102 RECEIVED Invoice Date: 1/21/2011 (817) 390 -7761 Federal Tax ID 26- 2674582 Terms: Net due in 21 days q 0 Due Date: 1/31/2011 Sill To: PO Number: 21100072 CITY OF SOUTHLAKE 1400 MAIN ST OFFICE OF CITY SECRETARY Order Number: 31402381 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA Attn:Attn: ACCOUNTS PAYABLE Publication Date: 1/21/2011 Description ' • .. '3. t�gea ton.. :Oil Depth .Liza IKiX Rate Am+ unt CITY OF SOUTHLAKE ORDINANCE NO I3580 1 73 73 LINE $17.29 $1,262.06 Sales Discount ($1,147.23) Misc Fee $10.00 Net Amount: $124.83 '41 0t111 PU :�� ' Ri : L _* : *= % • THE STATE OF TEXAS % �i •• • . . XP RE.S•/ County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor NorwotlQ 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) 215 -2323 � '�_J Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Jan . / , 2011. Notary Public LAL .,. / ,• / 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: 314023811 Invoice Amount: $124.83 PO Number: 21100072 Amount Enclosed: CITY OF SOUTHLAKE ORDINANCE NO. 480 -439a ANANCEI ORDINANCE t� AMENDING DAMENDED- ORDINANCE F� THE CITY SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT THIN T CITY A SOUTHLAKE TEXAS BEING DESCRIBED AS LOT 5R, BLOCK 5 CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE TAR - RANT COUNTY, TEXAS, ACCORD- ING TO THE PLAT RECORDED IN CABINET A, SLIDE 9866, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.7173 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DIS- TRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT AND "1 -1" (,@gel NOCIC @S LIGHT INDUSTRIAL DISTRICT USES TO "S -P -2" GENERALIZED SITE PASSED AND APPROVED THIS THE PLAN AIL DISTRICT WITH C DISTRICT CL 18th DAY OF JANUARY 18, DURING AND N DID "I -1" LIGHT INDUSTRIAL THE REGULAR CITY COUNCIL DISTRICT USES AS DEPICTED ON THE APPROVER ME MAYOR: John Terrell CONCEPT PLAN I ATTEST: Tara Brooks, Interim City PORATED HEREIN N AS EXHIBIT " B", Secretary QUIREMENTS ONTAINE IN THIS ORDINANCE; CORRECTING THE OFFICIAL ALLL PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZONING NTS HEREIN M MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS CL PROVIDING FORAPUBLI CATION IN THE OFFICIAL NEWS- PAPER; AND PROVIDING AN EF- FECTIVE 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 each Dollars day that t a violation is permitted to exist shall constitute a separate offense.