Loading...
480-353a CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -353a 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 16 -19, O. W. KNIGHT NO. 899 ADDITION, AND BEING APPROXIMATLEY4.042 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES LIMITED TO AN AMBULATORY SURGERY CENTER USE ONLY ON LOT 18, LOCATED AT 415 E SOUTHLAKE, BOULEVARD AS DEPICTED ON THE APPROVED CONCEPT PLAN AND 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 -2" Generalized Site Plan District With "0-1" Office District Uses 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 and 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, 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: Lots 16 -19, O. W. Knight No. 899 Addition, and being approximatley4.042 acres, and more fully and completely described in exhibit "A" from "S -P -2" Generalized Site Plan District with "0-1" Office District uses to "S -P -2" Generalized Site Plan District with "0-1" Office District Uses and Limited "C -3" General Commercial District uses limited to an Ambulatory Surgery Center use only on Lot 18, located at 415 E Southlake, Boulevard as depicted on the approved Concept Plan and Site Plan attached hereto and incorporated herein as exhibit "B ", subject to the specific requirements contained in this ordinance and subject to the following conditions: 1. Allowing a generator per Staff's review; 2. As noted and pursuant to the staff report (Case ZA13 -047) dated June 12, 2013. 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. 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 ten (10) 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 4th day of June, 2013. AIL L =I MAYOR eeee e•a, w+u %% % %% ATTEST: e ee "ZNtA/CF ` # - I - 7 - ** °• ° CITYSECRETARY ° ° °• ° °. ° ° ° °••' eee ,,,,,,, %,,,,ee PASSED AND APPROVED on the 2nd reading the /g rit. day of Jun e- , 2013. MAYOR ATTEST: a e ur , ,.,,uu % ?mo % C. CITY SECRETARY o v *** APPROVED AS TO FORM AND LEGALITY: Cteg, CITY ATTORNEY / DATE: ADOPTED: J u ng. le a o (3 EFFECTIVE: Sure- a.I, 13- EXHIBIT "A" Lots 16 -19, 0. W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County Texas according to the plat recorded in Cabinet A, Slide 6628, Plat Records Tarrant County, Texas and being approximatley4.042 acres. EXHIBIT "B" I :11 E , P G A D R E $ G N G R O U P iP C • • • • 41:5 E. Southlake Blvd NARRATIVE SP -2 USE AND REGULATION DOCUMENT Zoning Change Application SP -2 with 0-land the addition of limited C -3 Uses Dr. Sasha Obaid a Harvard trained plastic surgeon and pediatric craniofacial surgeon who has been in the Southlake community for S years now His practice also does all of the traditional procedures with plastic surgery such as tummy tucks. liposuction, etc In addition, however. a significant portion of my practice is dedicated to the care of children born with facial differences such as cleft lip and cleft palate. Southlake has been a tremendous location for his practice and growing family and he is proud to call it hone Dr Obaid is currently ur the process of setting up a new office and has put the property at 415 E Southhke Blvd under contract for this Pulse The current zoning on this property is SP -2 with 0-1 uses Basically. Office Commercial with general office and medical office We are requesting the addition of limited C' - uses to the zoning which is General Commercial and includes Ambulatory Surgical Centers in order for hint to set up his complete office. As a plastic surgeon he has to have the ability to provide anesthesia for his patients who need small procedures or children who have u ncomfotlable problems that need to be fixed The city's current zoning regulations require the C-3 to be included in the zoning to incorporate a surgical center which will allow Dr Obard to provide general anesthesia for his patients for their complete care. If you are not familiar with 415 E Southlake property, it is an existing medical office building that was built two years ago Dr Obaid's plan would make no changes to the exterior appearance of the existing building. A small back up power source generator will have to be located either in an internal clout. on the roof (if possible) or the back of the building in close proximity to the existing electrical distribution for safety purposes but this will be relatively small and well screened from view as required by City Code to match the current dumpster screening. No anticipated increase in traffic or parking will be needed for this building as the space Dr. Obaid would use to provide anesthesia for lus patients will simply occupy space originally anticipated as medical space In effect, his one practice will occupy two medical office suites. thus decreasing the parking needed for the building Per the current parking regulations calculations the parking needs would be decreased by at least 7 spaces from the actual parking spaces that currently exist As a plastic surgeon. Dr. Obaid is committed to beauty and ii•n =mtam mg this property's current condition and will only decrease the parking requirements of the building .Approval of tlus request will better serve his patients and the children of Southlake by adding limited C -3 uses to the zoning at the property 415 E. Southlake Boulevard For 415 E Southlake Boulevard we are requesting SP -2 Zoning with 0-1 uses and the addition of limited C-3 uses Based on Section 35. Off-Street Parking Requirements . the actual calculated parking requirements would be reduced by 7 parking spaces from the existing parking spaces that currently exist NO changes in the parking or imperious coverage are being requested Thank you. Robert P. Garza. AIA, TSA R A. R.I.D - Principal RPGA Design Group. Inc. - Architects l Ot S Jennings Amur. Suite 41CC Fort Vann, Texas 76104 (817) 332 - 9477 (972) 445.6425 FAX (817) 332 (888) TRY - RPGA wuw.rpgaarcttnects.corn ---- ... APPROVED CONCEPT PLAN 1 ..... i A\ xi N I ......... . A...5..,:: , KIL All.11. pm 0 "MS 47.ffir SP lar .r..r. 0 d m 4i. r; iiii, IN 191.••■ \ \ NAL i Sit .. ■ --. -- .- -... ■ —4-114- — — —. .... At .9.:r L - J 1 JL4— — — — — / .. I a..e /WM IMININI AMMEMMIll -- C- I TININI ...„,..... imini _ „cm.. ., ■ 7, :,.....:41PMENMI (rx Art In nes ,.. I 0. ,..-,..."._,... ' =ls . • 1 . b b ". = ', .:174:: -: :,...7 - . • : ..-:!•z_ _ _____. - Ilairgem."--ualirti rforiMir .. MIRO MI or,..4.,..-;m11,-,".."------"*.tin......._ `' "ortimr1._ Attt•■■■ _......-. w:,,c1......, . ,.... r:: ...• ,,..........,.. awn, =WWI =NAM Ei CZ , I liAltr, , , iririgglIMP --1 (.11,13••••1....1•••••••//4.1.• ro 01..0 =..c P00.1 ''' raWAtig........10K7 MI il lNalli 1 l 11 E.t'd ' vkava,..*APriaArrU" 11111 1 t k‘ IL 1 " W Eri • r Orli; til ::117.4.4=•.r.L n.' \ : i 4 1 _ ... .- .- - - ........t .4. irw . .441... i .,.. Li .1611:17 ... ■ArZiknr.;1= = " k ".'".....1 S 1 ' m" ' g-. ' 111111‘ .- MIAMI. MO' 3 EL ."' =*..." \ Llti,;.14.. VP. , ■...- _ rri —...-..........- .al : imiliiill WIIIM =MIK /a . 111401 =raw Mr ."Ir o rAINNYil jia,... ......... i micasg , p ap apu 4 ------------1.---4=.. .....-•- Pr-Ii*11:1115liguilltord■ n111:21P_nal I ; I II 1 11 11 1.LatVlitl - T R3 t .,,, kill 11,..i ...L....N.m.. - . .... — 111,4 E I ' AfilfleilltliiMilliV '.. 4 • .......... . ,_. 77-=mr, ...winor7rralli\ ...s... -2' - - - - - . -........■.-..m.......=.11 =Cr - -"'''''''''' - &Pa LZ..V2*AtM141W1."%j": M il=11.1 ..' Mali . M.b.-- "4= MErWiallialiiiii - — - ZI" - — r --.. CONCEPT PLAN T.........., .... FOR .... . ... .... ... .. .. .. . . 'C '\ .11•••■■■ .....“.. I -..---....ss 0-1 ZONING REQUEST . V 1 ........... MO ocea/ . I li I MI ..04, Ma ' Mir . — „,.. ,..... ....., ......■.......... • ...) .111.=, ... , LOTS 1, 2, 3 And 4, Block 1 I' Richards Addition .....- shirsCsIr h" •Arriirtirtri i.:3514--• - I NIP 111 MI PM ,.., ""•1------- " WV' ... a .Ircze ,..... ,...„ F 4.042 ACRE TRACT OF LAND rat I ... ...w 1 1 ......ac.... armada EN TIM 1 I i . \ .1. ..... ..,,,,, ,.., CITY OF SOUTRLUCH _.„ aff.:. =,... ....... \ ... no- ovr ill OM so -.0, TARRANT COUNTY, THUS / Mk KWAIMria_TireroL or MI WM. 40.641, MI MO 011111MJ1111-1111.11111 MIME NM ......„ Ini MIN Iterr 3 u UN.1 4" ENT :-. , t1m1 5 li F 0 • :t tf , ` 1 H A Y 1 '114 %."■,' ri ,...,„ .... D ‘• 4 1 11 -.. q i D 0 ___, - I ......... 47 12.'_E ._ T 44''' ---- Wa.T.: MEI - 111 _ •• • - 1111 , 1 I 1 . _._ 1 _ Is,- - 27.,71C• • M.•IrS CNGI-OSME ( ) ' 1,1- - 2' •-.2,...e‘ ca■aan ■ wv. w as, / Air_ /— x II r.C.r Z * :.■ v......4.. ,,,'. + r:. y 11.11MM.r. . 10 -i' , ,f IOW 1 ■ I lie= U • EC _ • __I 1' '‘ .-.... < 1 li ' 4 MEDIGAL. I ' Cn y a I - -,`" 111 alliggier co i '',• xi: :I it I Al1111/11•11114MNINI/11111k 11 i i r l 3 -13 ;.„. / \ -- -7 ' ,'. , - :' - I. f 1 1 .; T , 4 de110•101.0 ... L - • - , d -111-Fa L m ,....- ....r.r..I.- ; 1•1 wteeso , ' ;.;W■ti OCNI-••■•CP 1.1.•41 Of - W.:4M ••• m 0,4 X S - ,......."..... = OUTHLAKE qiiiipir Iiillar --. _. kkrxr ,, IVELLNESS — II ,,,. 1 11111111111111 IIIIIIiIIIIII-7,—;7" cr ____I c 0 — 1 ' l ir 7 , \\ 1111 NI 111 Mi I ile n• :Z.% I . ■ • - I i 11111111111111h, A11111111 . '• . • + 'k- a; ' 511VTIN -4- ...,.... t _iffi . L. :701 (i \ tl.t, d P■ClanAr vIGN / I I.: 51 1.....7,r /V 1.11001 47,nZt tOILL. c+r ins Alk VP ; " i II { OA i ltNIONT NO VII ADDITION] { 11 44 I ' — 44milintrvi I , .. 4 ... ..., YIGINITY MAP W E 1= 1 13 a • SIQN IPL AN _ ____ Ne ?AC' Exl5AND WV-Art DRIVE T .1 LL 5 .„, i Us • PLEASE ALSO REFERENCE ORIGSAL APPROVED CONCEPT PLAN psi TE PLAN 1 ORIGINAL SITE PLAN/ DUSTING SITE PLAN -SP-2 WT110 1 USES - REQUESTING SP-2 WITH 0 L USE SAND THE ADDITION Of LIMITED C-3 USES I SP liii=i1 2 or 15Ps..—. INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 326065041 FORT WORTH, TX 76102 RECEIVED (817) 390 -7761 Invoice Date: 6/21/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days JUL 1 5 2013 Due Date: 6/30/2013 Bill To: PO Number: 21300100 CITY OF SOUTHLAKE Order Number: 32606504 1400 MAIN ST OFFICE OF CITY SECRETARY STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA s Attn:Attn: ACCOUNTS PAYABLE Publication Date: 6/21/2013 k irrt)E`Sbt1T lIAKE, TEXAS CITY OF SOL O RDINANCE AMENDING ORDI- RDINANCE NO. 480 -353A AN O 13580 1 68 68 LINE $2.40 $163.20 NANCE NO. 480, AS AMENDED, 1 Legal Notices THE COMPREHENSIVE ZONING Sales Discount ORDINANCE DE, TEXAS; F E THE OF Passed and approved this the 18TH ($82.60) ZONING CHANGE ON A CERTAIN Cat o il 20ee during the regular City TRACT OR TRACTS OF LAND mayor: J oh n il meeting. Misc Fee WITHIN THE CITY OF SOUTHLAKE, Mayor: ohn Terrell $5.00 Richardson, TEXAS BEING LEGALLY DE- fittest: Alicia Richardson, City Sec - SCRIBED AS LOTS 16 -19, 0. W. retary KNIGHT NO. 899 ADDITION, AND BEING APPROXIMATLEY4.042 ACRES, AND MORE FULLY AND'; COMPLETELY DESCRIBED IN EX- Net Amount: $85.60 HIBIT "A" FROM "S -P -2" GEN- ERALIZED SITE PLAN DISTRICT WITH "0 -1" OFFICE DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0 -1" OFFICE DISTRICT USES AND LIMITED "C -3" GENERAL COM- MERCIAL DISTRICT USES LIMITED TO AN AMBULATORY SURGERY CENTER USE ONLY ON LOT 18, ������� �� I LOCATED AT 415 E SOUTHLAKE, ` + "� CHRISTY LYNNE HOLLAND �r .� 8. BOULEVARD CAS ONCEPT PLAN AND DEPICTED ON THE D APPROVED ..; c ; °� y NOtOr Public. State of Texas = SITE PLAN ATTACHED HERETO 5 * . ' y: My Commission Expires % :E + � c AND INCORPORATED HEREIN AS July 31, 2016 EXHIBIT "B ", SUBJECT TO THE �'h�� °ii `� _ THE STATE • SPECIFIC REQUIREMENTS CON- - .a► County of Tarr TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON- ING MAP; PRESERVING ALL OTHER Before me, a PORTIONS OF THE ZONING OR ty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Teleg T E PUBLIC DETERMINING INTEREST, MORALS am, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attach AND GENERAL WELFARE DEMAND as published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM THE ZONING CHANGES AND n �R (817) 215 AMENDMENTS HEREIN MADE; c aA W1 Y "J �� �t rl PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE Signed OF ALL ORDINANCES; PROVIDING 9 A SEVERABILITY CLAUSE; PRO - SUBSCRIBED VIDING FOR A PENALTY FOR THIS Thursday, J e 2 %13. VIOLATIONS HEREOF; PROVIDING y' i SAVINGS CLAUSE; PROVIDING ry ,� ���� �� FOR PUBLICATION IN THE OFFI- f FOR NEWSPAPER; AND PROVID- N ota Public L, ING AN EFFECTIVE DATE. Any person, firm or corporation who if 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 Thank Yo Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense: Rem To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 326065041 Invoice Amount: $85.60 PO Number: 21300100 Amount Enclosed: