Loading...
480-481A OrdinanceCITYOFSOUTHLAKE, TEXAS ORDINANCE NO. 480-481A ANORDINANCE AMENDING ORDINANCE NO. 480, ASAMENDED, THECOMPREHENSIVE ZONING ORDINANCE OFTHECITY OF SOUTHLAKE, TEXAS; GRANTING AZONING CHANGE ON A CERTAIN TRACT ORTRACTS OFLANDWITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT13, LITTLEBERRY G. HALL NO. 686 ADDITION, ANADDITION TOTHE CITYOFSOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.35ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED INEXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITEPLAN DISTRICT, ASDEPICTED ONTHE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN ASEXHIBIT B”, SUBJECT TOTHESPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OFTHE ZONING ORDINANCE; DETERMINING THAT THEPUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THEZONING CHANGES ANDAMENDMENTS HEREIN MADE; PROVIDING THAT THISORDINANCE SHALL BECUMULATIVE OFALLORDINANCES; PROVIDING ASEVERABILITY CLAUSE; PROVIDING FORA PENALTY FOR VIOLATIONS HEREOF; PROVIDING ASAVINGS CLAUSE; PROVIDING FOR PUBLICATION INTHEOFFICIAL NEWSPAPER; ANDPROVIDING ANEFFECTIVE 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 District under the City'sComprehensive Zoning Ordinance; and Case No. Attachment G ZA12-015 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 Case No. Attachment G ZA12-015 Page 2 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, BEITORDAINED BYTHECITY COUNCIL OFTHE CITYOF 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, Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.35 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan 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: Case No. Attachment G ZA12-015 Page 3 Conditions of Approval for Ord. No. 480-481 approved September 5, 2006: 1. This property shall be limited to the permitted uses as found in the “C-2” Local Retail Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as amended. 2. Development Regulations - This property shall be subject to the development regulations for the “C-2” Local Retail Commercial District, and all other applicable regulations with the following exceptions: a. There shall be a side yard setback of not less than ten (10) feet along the east property boundary b. Concrete tilt wall with a stained finish shall be permitted to comply with exterior masonry requirements as shown on the attached building elevations 3. Subject to the Site Plan Review Summary No. 3 dated March 29, 2006. 4. Granting a variance to the following with regard to driveways & parking: a. Stacking depth for the drive on W. Southlake Blvd. A minimum of 50’ of stacking is required. Approximately 41 feet of stacking is proposed b. The minimum driveway spacing on W. Southlake Blvd. Spacing between a full-access drive and a right-in/right-out drive is required to be a minimum of 250’. Distances of approximately 80 feet and 219 feet are proposed. c. A variance to allow a 10% reduction in the required parking is requested. Conditions of Approval for Ord. No. 480-481A approved ______, 2012: 1. 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, Case No. Attachment G ZA12-015 Page 4 subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Case No. Attachment G ZA12-015 Page 5 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 itis so ordained. PASSED ANDAPPROVED onthe1streading the17thdayofApril, 2012. Case No. Attachment G ZA12-015 Page 6 MAYOR ATTEST: CITY SECRETARY PASSED ANDAPPROVED onthe2ndreading the _____ dayof __________, 2012. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA12-015 Page 7 INVOICE Star - Telegram MAY 1 m 2012 Customer ID: C1T57 808 Throckmorton St. Invoice Number: 321217951 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 5/5/2012 Federal Tax ID 26- 2674582 RECELVE Terms: Net due in 21 days Due Date: 5/31/2012 Bill To: CITY OF SOUTHLAKE I ^�'i 1 6 2012 PO Number: 21200238 1400 MAIN ST Order Number: 32121795 STE 440 SOUTHLAKE, TX 76092 -7604 OFFICE OF CITY SECRETARY Sales Rep: 073 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 5/5/2012 I Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO. 480 -4814 CITY OF SO AN ORDINANCE AMENDING ORDI- ) 13580 1 61 61 LINE 6 17.30 $1,055.42 NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF Misc Fee SOUTHLAKE, TEXAS; GRANTING A $ 10.00 ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DE- SCRIBED AS LOT 13, LITTLEBERRY G. HALL NO. 686 ADDITION, AN Net Amount: $1,065.42 ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.35 ACRES, AND MORE FULLY ���11111111// AND EXHIBI COMPLETELY T"A FROM "- P - DE \ \ \ \ \ \`` 'c4 �"' Ho TAILED SITE PLAN DISTRICT TO � I 0 .•••••, "S -P -1" DETAILED SITE PLAN Q P �tY Po' '•, DISTRICT, AS DEPICTED ON THE J • APPROVED SITE PLAN ATTACHED =0 0 G C i HEREIN AS AND XHIBIT "B", SUBJECT ' 7� • _ �' TO THE SPECIFIC i\ CONTAINED IN THIS ORDINANCE; � ,, q �.{.P CORRECTING THE OFFICIAL ZON- i •, � 1 ' G ' ING MAP; PRESERVING ALL OTHER i $ PORTIONS OF THE ZONING OR- �/ PIRE., �� DINANCE; DETERMINING THAT n„.. +�Q \ \ \\ MORALS THE PUBLIC AND GENERAL WELFARE DEMAND // , /111 / s 1111���``` THE STATE ( THE ZONING CHANGES AND County of Tar A MENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE Before me, a I OF ALL ORDINANCES; PROVIDING ty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for A SEVERABILITY CLAUSE; PRO - the Star -Telec VIDING FOR A PENALTY FOR am, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attacr VIOLATIONS HEREOF; PROVIDING as publish-. in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM A SAVINGS CLAUSE; PROVIDING (817) 215 -232 FOR PUBLICATION IN THE OFFI- NEWSPAPER; \ \ AND PROVID- ING I 11 1 6 c_.—. ING AN EFFECTIVE DATE. ` Any person, firm or corporation who Signed _ � � _ violates, disobeys, omits, neglects or refuses to comply with or who SUBSCRIBE[ resists the enforcement of any of , THIS Tuesday, May i8,. '0 '. 1 the provisions of this ordinance �. / / � ( %� % //� shall be fined not more than Two Thousand Dollars ($2,000.00) for Notary Public / .4 i ... i i1 each offense. Each day that a .11, ' violation is permitted to exist shall constitute a separate offense. Passed and approved this the 1st day of May, 2012 during the regular City Council meeting. Thank Mayor: John Terrell 11 li Attest: Alicia R ichardson, City Sec- retary Rem To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 321217951 Invoice Amount: $1,065.42 PO Number: 21200238 Amount Enclosed: