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480-442aCITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-442a AN ORDINANCE AMENDING ORDINANCE NO.480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 5R7R1, 5R7R2, & 5R7R3, BLOCK 3, CIMMARRON ACRES ADDITION, BEING APPROXIMATELY 2.176 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED 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 X1, 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-1" Detailed Site Plan District with "0-1" Office District Uses under the City's Comprehensive Zoning Ordinance; and Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September,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 5R7R1, 5R7R2, & 5R7R3, Block 3, Cimmarron Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 10192, Plat Records, Tarrant County, Texas, and being approximately 2.176 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District with "O-l" Office District uses to "S-P-l" Detailed Site Plan District with "O-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: 1. Approving the impervious coverage that each individual lot will not be greater than Page 3 73% impervious coverage with the three lots combined not exceeding the 65% maximum impervious coverage; 2. Approving the building articulation with wall lengths on the east and west sides of building `B' at 36 feet; 3. Allowing that the bufferyards along interior lot lines are not required, but requiring that the plant material be placed elsewhere on the site; 4. Requiring a "brick-crete" wall with color matching the buildings of this site in place of the wood fencing; 5. Subject to the Planning & Zoning Commission's recommendations of: a. Accepting the applicant's willingness to cover the six (6) inch pipe columns shown in the covered parking elevation with cedar on each side; And, b. Recognizing that approval of this item tonight does not approve any signage. 6. Requiring covered parking exterior columns to be stone with brick caps and interior center posts will be wrapped with a similar stone as the exterior; 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 Page 4 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 Page 5 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 16tb day of August, 2005. 7=74 8'r, �H�A MAYOR �pv •....®•kF066 • • • 3 • P r .r ST: i CITY SECRETARY Page 6 PASSED AND APPROVED on the 2nd reading the 7tn day of September, 2005. 4aj44tl'i7Y AYYBlE�uf "%% O%JTH(,Q ssser 5�.........��rF MAYOR Q e . �� A i O (� �°sop' 7f'k � 44•••• p@AI Ail AA4AA'4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 7• 1"( ADOPTED:— i Ir EFFECTIVE: G}-q-orj ATTEST: ht��" a &�Xo CITY SECRETARY Page 7 EXHIBIT "A" Being Lot Lot 5R7R1, 5R7R2, & 5R7R3, Block 3, Cimmarron Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 10192, Plat Records, Tarrant County, Texas, being approximately 2.176 acres. Page 8 EXHIBIT "B" ... � ireTuaw gligga �i Nil a A "fl..��,3}eaC `tices'`� h' � sPF '[ H I � '� @ 6 ➢ u��'si'.'�,+ i.�rC� 1 `+fa ] i yt.7j F ig r t ME, �� !k a R. M .A y� 5 '. F 3� i�j� t ' �3�-�ix'�.4 x: it�l WNDYiIl6 �' 3e � --^-aLt��.�• x�e' �.�wc ecLSw`i?�'�r � � �J. Page 9 Page 10 BL�AKE ARCHIMECTS 1202 S. White Chapel Road �- Suite A Southlake, Texas 76092 - 81.7488-9397 July 26, 20©4 Westhill Office 3100 W. Soutblake Blvd. Southlake, Texas 76092 Case No: #ZA04-028 1. PERMITTED USES This property shall be limited to the permitted uses as found in the "0-1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. DEVELOPMENT REGULATIONS This property shall be subject to the development regulations for the "O-i" Office District, and all other applicable regulations with the following exceptions: A. M PI RVIOUS COVERAGE The proposed zoning of the property is to be S-P-1. Each individual lot will not be greater than 73% impervious coverage with the three lots (A, B, and C) combined not exceeding the 65% maximum impervious coverage. B. HORIZONTAL AND VERTICAL ARTICULATION The style of the building is not conducive to a more complex elevation design_ To meet articulation requirements, dormers have been added to the east and west sides of building B to aid in horizontal and vertical articulation. C. PARKING Parking requirements shall be met for the entire development as a whole. D. BUFFERYARDS Bufferyards along interior lot lines would not be required. E. DRIVEWAY SPACING A variance is requested for the 500' minimum driveway spacing to the east along W. Southlake Blvd. 492' is provided from the drive approach of the property to Vermilion Court, F. PERRAETER FENCE The perimeter fence shall be an 8'-0" brrckcrete fence with color to snatch the building and not the existing fencing, 3. COVERED PARKING (� A. Covered parking is permitted as an accessory use for up to 6 spaces per lot as shown on site plan. B. The covered parking height from ground to top of ridge covered parking structure shall be allowed to be maximum height of 15'-0". C. Typical parking space under the covered parking structure shall be 9'-W' x 18'-0". Page 11 4'i." mix ff Page 12 Page 13 Page 14 INVOICE z Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 RECEIVED S E P 2 9 2005 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABL.I Description Locati( CITY OF SOUTHLAKE ORDINANCE NO 13580 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, I for the Star -Telegram, published by the Star -Telegram, Inc. at that the attached clipping of an advertisement was published it (817) 390-7320 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monda Notary Pt Thank You For Your Payment -------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-205 Customer ID: CIT57 Invoice Number: 260205531 Invoice Date: 9/9/05 Terms: Net due in 21 days Due Date: 9/30/05 PO Number: 42564 Order Number: 26020553 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 9/9/05 #4inage MU Rate 40MI " 3 113 LINE S0.81 $91.53 Net Amount: i', ;ice• CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2008 $91.53 -ed Lisa Wesselman, Bid and Legal Coordinator :0unty, Texas; and who, after being duly sworn, did depose and say i n idle listed dates: BIDS[ LEGAL DEPT. STAR TLEGRAM f I I II I c6rp6ration who vio- lates, disobeys, omits, neglects or refuses to comply with or who resists the enforce-!-r ID: ment of any of the 5provisions of this or- I�r Name: inance shall be fined „ not more than Two Thousand Dollars ($2,000.00) for each Number: offense. Each day that a violation is permitted to exist shall consti- Amount: tuts a separate of- fense. 'ASSED AND AP- PROVED THIS THE fiber: 6th DAY OF QQSEP- DURING THE WE°G I Enclosed CIT57 CITY OF SOUTHLAKE 260205531 $91.53 42564 $ MAYOR: Andy Wembaganss ATTEST: Lori Farwell, City Secretary INVOICE Star -Telegram 400 W. 7TH STREET I FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: �t Q ; CITY OF SOUTH E 1400 MAIN ST `- STE 440 = Nb SOUTHLAKE, TX 76092-760� T CITY OF SOUTHLAKE Notice is he RECEIVED S E P - 7 2005 OFFICE OF CITY SECRETARY THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County a for the Star -Telegram, published by the Star-Telegra that the attached clipping of an advertisement was p (817) 390-7320 SUBSCRIBED AND SWORN TO BEFORE ME, TH Thank You For Your Payment ----------------- Customer ID: CIT57 Invoice Number: 259453071 Invoice Date: Terms: Due Date: PO Number: MEhOF Order Number: KE City unci l of Sales Rep: ty of Southlake, that a public g will be held Description: September 6, at 6:00 p.m. or irately following Publication Date: u 0 E 125 125 LINE Net Amount: 8/19/05 Net due in 21 days 8/31 /05 40224 25945307 073 CITY OF SOUTHLA 8/ 19/05 $0.81 $101.25 ........... RV CHRISTY L HOLLAND " My COMMISSION EXPIRES d` July 31, 2008 $101.25 rally appeared Lisa Wesselman, Bid and Legal Coordinator 1 Tarrant County, Texas; and who, after being duly sworn, did depose and say m@d per on the listed d�tes: BIDS a LEGAL DEPT. STAR TLEGRAM V, ram Star-Tele Remit To: g PROVIDING'A `M' Customer ID: CIT57 INGS CLAUSE- PROVIDING FOR P.O. BOX 901051 PUBLICATION INCustomer Name: CITY OF SOUTHLAKE FORT WORTH, TX THE OFFICIAL PROVIDINGRANAE 761 FECTIVE Invoice Number: 259453071 DATE. SECTION 7. Any person, firm or corporation Invoice Amount: $101 who vio- letes, dieysom sob, its, .25 neglects or refuses to comply with or who PO Number: 40224 resists the enforce- ment of an Y of the provisions of thla or- durance shall be fined Amount Enclosed: $ riot more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall consti- tute a separate of- fense. City of Southlake Lori Farwell