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480-424aCITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO.480-424a 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 13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 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 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-1" Detailed Site Plan 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 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres, and more fully and completely described in Exhibit "A" from "S-P-l" Detailed Site Plan District with "O-l" 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", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C". Page 3 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. Page 4 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. Page 5 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 2°d day of August, 2005. Ok • 4 V i • i ky j MAYOR ATTEST: ja"" e� CITY SECRETARY I PASSED AND APPROVED on the 2nd reading the 16th day of August, 2005. r``oVTHI� > : = MAYOR ATTEST: �Qiu. Q CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: T ADOPTED: g-14 •CFJ EFFECTIVE: 2 -n Page 6 EXHIBIT "A" Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas, and being approximately 3.04 acres. Page 7 EXHIBIT `B" Y' p�� t $' L "3t3 Z topa PIN IN t st �p,g5 Ya@ I z{ M8t r s Fd tF ss x i5's g e x" sw _ >r+ Q hddf ¢ c'1g =i t[5 ^{ •i7s... �� ' s a a x� gg E � o e g+~ J 11 � tih 18 -I3dVk-� 31ti Wr 1440N ' 7 x m r _ _� t Its R HH 1 � ad LLL '`• � ra �'�/ �( �' :.�+ � � I� � ��� .�N:a r 1 D3�css�RY�� 4 Yea A._R [ c f �$* p 1 N R s R1111� ! i� 3 i �yS if oft As 1 @ dl 'l i Rim V. R • i � 1 •• xsc„ma, i I. .. =1 t iRf: R srsRG a � r I xx ~ e ,.., / l I. t PNdNisk j �y3 �� �3 � }.s5 _ 1 } its Page 8 WHITE CHAPEL PLAZA OFFICE PARK PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS FOR S-P-I ZONING Permitted Uses This site shall permit all "OI" Office District uses according to the Comprehensive Zoning Ordinance No. 480, Section 18, as amended. Accessory Uses In addition to those accessory uses specifically authorized .in Section 34 of this ordinance, any use may be established as an accessory use to permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Regulations This site shall adhere to the development regulations of Section 18, the "0-1" Office District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: • Setbacks along the perimeter site boundary, as shown on the Site Plan. • Maximum. Impervious Coverage The maximum impervious coverage shall not exceed sixty-five and 1./1.0 percent (65.1%) of the total lot area, however, individual lots shall not exceed 76.5%. • Setbacks between Lots 13R4 and 13R5 and between. Lots 1.3R.1 and BR2 shall be 10'. • Setbacks between Lots 13R2 and 13R3 as well as between Lots 13R4 and 13R3 shall be 4.26 feet • Bufferyards along interior lot lanes shall not be required • Parking required shall equal 94 spaces. ZA05-0 U fir, Revised May 16, 2005 Page 9 P■g 10 c Co EL � 010 .� x z J R Y w � Cj) Q i •. 4t z (n 0 v. V 1.i W � Ca W �_? t ��.+ LL 0 F-- UL z s° t!) 0 0 a y a , 9 e y €( '00 i ..00v r007 Page 11 SITE PLAN REVIEW SUMMARY Case No.: ZA05-012 Revised Review No.: Three Date of Review: 07/27/05 Project Name: Site Plan — White Chapel Plaza Office Park APPLICANT: Trent Horton 3220 W. Southlake Blvd, Suite C ENGINEER: Civil Solutions, Inc. Bill Boomer P.O. Box 100247 Southlake, TX 76092 Fort Worth, TX 76185 Phone: (817) 822-6719 Phone: (817) 501-1398 Fax: (817) 431-9878 Fax: (817) 346-0520 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/05/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602. 1. Show, label, and dimension all fire lines. Identify the limits of the fire lane adjacent to the building on Lot 13R3. The fire lane north of the building on Lot 13R3 should stop before narrowing down to 20'. 2. All lots must have frontage on a public or private street. The private street must meet public street standards to include R.O.W. width. The required right-of-way width for a street in a commercial development is sixty (60) feet. (A variance has been requested.) Update the site plan to reflect as -built condition, in particular with retaining wall, sidewalks, and existing trees that have remained. INFORMATIONAL COMMENTS * A filed copy of the owner's association agreement must be submitted to the City prior to filing of the proposed plat and should specifically address shared parking, cross -access, maintenance of the private street and shared use and maintenance of the trash receptacle. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65.1 % for the development as a whole under the "S-P-I" Zoning District. The impervious coverage area percentage of this development is approximately 65.1%. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Page 14 EXHIBIT "C" CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 16, 2005 Motion was made to approve Ordinance No. 480-424a, 2nd Reading (ZA05-012), Zoning Change and Site Plan for White Chapel Plaza Office Park specifically approving it as approved by the Planning and Zoning Commission regarding the fencing on the south property line and subject to Site Plan Review Summary No. 3, dated July 15, 2005. Motion: Terrell Second: Muzyka The Council continued to discuss this item and spoke to the adjacent property owners and the applicant. Council discussed the various options of fencing for the south property line. Councilmember Terrell withdrew his prior motion and made the following motion: Motion was made to approve Ordinance No. 480-424a, 2nd Reading (ZA05-012), Zoning Change and Site Plan for White Chapel Plaza Office Park subject to the recommendations of the Planning and Zoning Commission; subject to Site Plan Review Summary No. 3, dated July 15, 2005; amending the requirements at first reading to require the following for the fence on the south property line: requiring a six-foot solid stone wall, made of the same materials as used on the buildings, for the first 50-feet heading west from the right-of- way line and then dropping down and continuing west as suggested by the applicant (two -foot rock base with a four -foot wrought iron top); providing landscaping and shrubs of at least six -feet in height inside the fence line the entire length of the southern boundary; and subject to the applicant's statement that he will try to move the fence line in to try to save the trees along the southern property line. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 5-0 Page 12 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 2, 2005 Motion was made to approve Ordinance No. 480-424a, lst Reading, (ZA05-012), Zoning Change and Site Plan for White Chapel Plaza Office Park, subject to Revised Site Plan Review Summary No. 3, dated July 27, 2005; subject to the Planning and Zoning Commission's recommendations; allowing the applicant to replace the required eight foot masonry fence along the south property line with a two foot rock wall topped with a four foot wrought iron fence and with seven foot tall stone columns placed every 30 feet; and providing a landscape plan with types of plantings prior to the second reading. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR PLANNING AND ZONING COMMISSION MEETING July 21, 2005 Motion was made to approve ZA05-012 subject to Site Plan Review Summary No. 3, dated July 15, 2005, with the following stipulations: granting a variance for right-of-way width; recognizing the owner's association is to be established to address street & trash enclosure maintenance, cross access, and reciprocal parking; and, subject to tree mitigation for trees removed that were shown/committed to be preserved in the original plan and in accordance with the Tree Preservation Ordinance. Motion: Boutte Second: Coonan Ayes: Boutte, Morin, Coonan, Springer, Bledsoe, Edmondson Nays: None Approved: 6-0 Motion carried. Page 13 INVOICE �7ra 1)nl�; Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF SOUTHLAKE ORDINANCE NO I3580 RECEIVED S E P - 7 2005 OFFICE OF CITY SECRETARY I THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for the Star -Telegram, published t that the attached clipping of an ac (817) 390-7320 E Customer ID: CIT57 Invoice Number: 259413721 Invoice Date: 8/19/05 Terms: Net due in 21 days Due Date: 8/31/05 PO Number: 40221 Order Number: 25941372 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 8/19/05 1 III III LINE $0.81 $89.91 Net Amount: CHRISM L. HOLLAND s MY COMMISSION EXPIRES July 31, 2008 $89.91 omits, fuses to ppeared Lisa Wesselman, Bid and Legal Coordinator or who mfor= rant County, Texas; and who, after being duly sworn, did depose and say thisof ined 3apler qR the listed �ates: AIDS at LEGAL DEPT. STAR TLEGRAM Thousand Dollars ($2,000.00) for each Si ne offense. Each day that g a violation is permitted to exist shall consti- tute a separate of - SUBSCRIBED AND SWORN TO BEFORE ME, THIS TL Pens . AND AP- 5. /J ,ZXA PROVED THIS THE �'��L�/ 16th DAY OF AU- DUR NOtal IINn YHUST EORSVGUILAR MAYOR: - Andy Wambsganss ACiTE ty SecretaFarwell, Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 259413721 Invoice Amount: $89.91 PO Number: 40221 Amount Enclosed: �M INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH TX 76102 RECEIVED Customer ID: CIT57 Invoice Number: 258662541 (817) 390-7761 Invoice Date: 7/30/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days AUG 6 Due Date: 7/31/05 Bill To: PO Number: 40204 CITY OF SOUTHLAKE OF CITY SECRETARY OFFICE 1400 MAIN ST Order Number: 25866254 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/30/05 Descriptions Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 I 1 123 LINE $0.81 $99.63 THE STATE OF TEXAS County of Tarrant Before me, a Notary Put for the Star -Telegram, p that the attached clippin (817j 390-7320 SUBSCRIBED AND Net Amount: $99.63 F�� CHRISTYL.HOLLAND My COMMISSION EXPIRES July 31, 2008 onally appeared Lisa Wesselman, Bid and Legal Coordinator , in Tarrant County, Texas; and who, after being duly sworn, did depose and say named paper on the listed dates: „BIDS 8t LEGAL DEPT. STAR TLEGRAM �04, OOp. L UiEL4 [A 1-0& a violation is permittea Y to exist shall consti- tute a separate of- fense. City of Southlake on Farwell Thank You For Your Payment Secretary Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 258662541 Invoice Amount: $99.63 PO Number: 40204 Amount Enclosed: ; $