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480-211CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -211 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 APPROXIMATELY 2.95 ACRES SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 2C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH CERTAIN "O -1" OFFICE DISTRICT USES, 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 "AG" Agricultural 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 LACTYDOCS\ORD \CASES \480 -211 R. SP2 Page 1 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, 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 a 2.95 acre tract of land situated in the Hiram Granberry Survey, Abstract No. L: \CTYDOC S \ORD \CASES \480 -211 R. SP2 Page 2 581, Tract 2C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S -P -2" Generalized Site Plan District with certain "O -1" Office District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". 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 L: \CTYDOCS \ORD \CASES \480 -211 R. SP2 Page 3 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 1 st reading the 0 �1 day of , 1997. �. � TTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the I— day o , 1997. MAY R LACTYDOCS\ORD \CASES \480 -211R. SP2 Page 4 ATTEST: ' OUT 0 LW A. �t4 SECRETARY EFFECTIVE: U 1 / /"! 1 APPROVED AS TO FORI AND LEGALITY: CITY ATTORNEY L: \CTYDOCS\ORD \CASES \480 -211 R. SP2 Page 5 EXHIBIT "A" BEGINNING of a 5/8 Inch iron rod found in the South line of West Southlake Bouleward (f.M. Highway No. 1709), said point being the Northeast corner of Lot 20, Block I. TIMBER LAKE. SECTION 1, as recorded In Cabinet A. Slide 485. Plat Records. Tarrant County, Texas; THENCE South 87 degrees 55 minutes 09 seconds East, along the' South line of West Southlake Boulevard. (F.M. Hlghvray No. 1709), a distance of 186.14 feet to a 5/8 Inch iron rod found. said point being the Northwest corner of a tract of land to W. Morris as recorded In Volume 8374. Page 2186. Oeed Records, Tarrant County. Texas; THENCE South 02 degrees 18 minutes 29 seconds West, along the West line of sold Morris tract, a distonev of 241.46 feet to a 1/2 inch iron rod found for the Southwest corner of said Morris tract; THENCE South 89 degrees 00 minutes 05 seconds East, along the South lice of sold Morris tract, a distance of 165.00 feet, to 0 5.8 Inch iron rod set for the Southeast corner of sold Morris tract, sold Point being In the Westerly line of LAKE CREST, as recorded in Cabinet A. Slide 1541. Plat Records. Tarrant County. Texas; THENCE South 02 degrees 15 minutes 03 seconds West. along the Westerly line of LAKE .CREST, a distance of 255.33 feet to a point for an "L' corner of LAKE CREST, and being the common Northerly corner of Lot 20 and Lot 21, Block 2 of said LAKE CREST; THENCE North 87 degrees 56 minutes 10 seconds West, along the North line of Lot 19 and Lot 20, Block 2, LAKE CREST, 330.64 feet to a 5/8 inch iron rod found-for the Northwest corner of Lot 19, and being In the East .lino of Lot 24, Block 1, of sold TIMBER LAKE, SECTION 1; THENCE North 00 degrees 05 minutes 38 seconds West, along a portion of the East line of Lot 24, Block 1. TIMBER LAKE, SECTION 1, the East line of Lot 23, Lot 22. Lot 21 and Lot 20. Block 1. TIMBER LAKE, SECTION 1, a distance of 494.12 feet to the POINT OF BEGINNING. L: \CTYDOCS \ORD \CASES \480 -211 R. SP2 Page 6 EXHIBIT "B" y � y .. SV %31 '3NVIH1f10S E mus g ZMJ,NZO SMV0 1k( YOd IVSOdOUd NOISM 1d3ONO: CL � l Rp J 1 ,1,. �t +iN I l i za ! a _yttl NJ 1 ! 1 N �} od F.M. 1709 South Lake Blvd. S67'5509'f Z6.14' }4 s <}i O m !r 0: t !r A 4 0? 1 J I j dI Nvf f \ o < � IIIII�I Y F 0: J of 9 Q �a i A -- VHS i 00 0 : z A co 0 IJ }fi • .s� �! Q z Td LL) Q co U rn Cf.) 0 z v i� h . E Jill , d fit ' 589'0905 1650 2 if V�} H tt t! M Ct tt l� l j. t: ,t ffl illlft 11 It I T rg 1 �iil a l_ LL) Q co U rn Cf.) 0 z v i� h . E Jill , d ' 589'0905 1650 I S �J y l j. R I T rg a �I JS 00011 I C, s L — — — •_ — — — o<t97 t0 il. lmO Sfl M0� — }..1 co U G O U flf d I a- L:\CTYDOCS\ORD\CASES\480-2 Page 7 The following requirements and prohibitions are applicable to the use of the property: Permitted uses shall include any use allowed in the 0-1, "Office District ", as stated in the City of Southlake Zoning Ordinance on February 4, 1997 except the following: Banking, Savings and Loan, Duplication and Mailing Services, Employment Services, Radio Recording and Television Broadcasting, Travel Bureaus or services, Real Estate, Bill Paying Services, and Community Facility Uses: Libraries, City Halls, Fire and Police Stations, and other municipal uses; 2. Only two (2) single story buildings will be erected on this site. The building to the west (closest to F.M. 1709) will face to the east, not to exceed 7, 400 s.f., and will be placed a minimum of 45 feet from the west property line. The building to the south will face to the north, will not exceed 11,800 s.f., and will be placed at least 100 feet from the south property line. The peaks of the buildings shall not exceed 23 feet in height; 3. The maximum height of any structure shall be 23 feet including the peak of the roof, 4. Building elevation includes roof design. Construction of roof must be similar in construction to the adjacent business office. The larger, longer building to the south will have multiple roof elevations to avoid a single, straight sight line along the peak of the roof as viewed from the front or rear of the building. Flat roofs on either building are prohibited; 5. A solid 8' tall masonry wall matching in masonry appearance to Timber Lake's existing wall shall be constructed within 60 days of ground breaking along the south and west property lines; 6. No rear of building vehicle access. No impervious material shall be constructed in these areas; 7. Parking will not exceed the minimum requirements of the City of Southlake Zoning Ordinance in effect on February 4, 1997, or 90 parking spaces, whichever is more and all parking spaces will be placed a minimum of 70 feet from residential property lines; All building utilities and equipment shall be appropriately concealed behind solid masonry walls; 9. Trash containers /receptacles for the development shall be (1) placed along the east - northeast property line and away from residential property; (2) contained within a masonry wall with a closing wooden gate, and (3) hidden from view from all adjacent homeowners' properties and travelers on F.M. 1709; L: \CTYDOCS\ORD \CASES \480 -211 R. SP2 Page 8 10. No satellite dish to be placed on the property over 2 meters in diameter and any satellite dish must be screened from residential property, second story view; 11. The site plan must include a detailed landscape plan as an addendum and must specify and quantify the landscape plantings while clearly depicting their placement on the site plan. In addition to the Bufferyard F -1 requirements, the developer will add Bufferyard C planting with a minimum of 5 canopy trees per 100' run as well as change Bufferyard M planting to Bufferyard P planting. The areas to the west and south of the two buildings will be heavily landscaped with a minimum of five (5) large canopy trees per 100 feet and placed as appropriate to the tree type so as to ensure "full screening" coverage as seen by residential property owners from their second story windows. An additional buffer of one (1) canopy tree and six (6) large (6' -10') shrub shall be planted and maintained between the northwest parking spaces and the residential property line; 12. Exterior lighting will be for security lighting purposes only and will be placed in such a manner to be directed toward the non - residential buildings and must not "spill over" on to the adjoining Homeowners' property. All rear building security lights must include motion sensors to minimize their utilization to reduce light pollution for the residential property owners; 13. All outdoor business signs will be in compliance with the City of Southlake's sign ordinance. Only monument signs will be constructed. with minimized lighting so as to be non - offensive to neighboring homeowners; 14. Any future development or additions to the property will require full notification to the adjacent property owners as required for any change to an S -P zoning. L: \CTYDOCS \ORD \CASES \480 -211 R. SP2 Page 9 Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 10505357 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE RATE • AMOUNT INCHTOTAL/LINE 2/07M 11 10505357 CITY OF SOUTHLAK I358 1x 75L 75 . 66 49 . 50 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-21 1 0 2/0 7-0 2/0 7 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE EZONING OR OF THE CITY OF GRANTING KE, A ZO NG CHANGE RAC OR TRACTS CERTAIN WITHIN THE CITY OF SOUTH- -- LAKE TEXAS, BEING AP- PROXIMATELY 2.95 ACRES GRANBERRYN SURVEY HIRAM 2C, ND MCT ORE FULLY ACT ND COMPLETELY DESCRIBED i IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH • CERTAIN "0-1" OFFICE DIS- TRICT USES SUBJECTp TO THE SPECIFIC REQUIRE- MENTS ORDINANCOE TACORRECTING S I G C......\\NV THE OFFICIAL OHEPPEVING ALL TR PORTIONS OF THE ZONING C THAT THEINTER- SWORN TO BEFORE ME, THIS THE loth DAY OF FEBRUARY I 1 .7 EST; MORALS AND D THE I • � AL WELFARE DEMAND THE' AMENDMENTS NGESHEREIN tiGRY"`�,4 Notary Public MADE; PROVIDING THAT %:?`• u!rr RHONDA R. GOKE THIS ORDINANCE SHALL BE :`.I ' i CUMULATIVE OF ALL ORDI- i `�.'• COMMISSION EXPIRES NANCES;PROVIDING A SEV- i�•, 0'�% TARRANT COUNTY,TEXAS ERABILITY CLAUSE PROVID- = SEPTEMBER 8 1999 ING FOR A PENALTY FOR VI- �hi%te.iy:ie+t r PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR I I CIALLICNEWSPAPERE ANDS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or'A.,.----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j 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 Cnot more than Two 0.00) OFFICE O F sand Dollars ($2 000.00) f L Lr for each offense. Each day. ram that a violation is permitted REMIT TO: Oil* 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 IIseparate offenseonstitute a CITY SECRETARY PASSED AND APPROVED IN SECOND READIN MEET. THE CITY DURING C I T 5 7 AMOUNT 49. 50 ING HELD ONCOUNCIL ERUARY , NUMBER 1997. /s/Rick Stacy,Mayor IATTEST: IF ANY QUESTIONS, PLEASE CALL 817 390-7885/s/Sandra L.LeGrand, PAGE 1 OF1 City Secretary APPROVED AS TO FORM: is/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 49 . 50 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED FEU. I.U. NU. 22-:3145254 Star-Telegram AD ORDER NO. 10435363 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 OSTATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: re DATE AD ORDER NO. DESCRIPTION AD SIZE INCH TOTAL/LINE RATE AMOUNT 1/24M 1043536 NOTICE OF PUBLIC I358 1x 81L 81 . 66 53 . 46 NOTICE OF PUBLIC HEARING 01/2 4-01/2 4 _ NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur -- , ing the Regular City Council • Meeting to be held on Febru- ary 4 1997,at 6:00 p.m.in the City Council Chambers __. of City Hall, 667 North Car- roll Avenue, Southlake, Tex- as. Purpose of the hearing is to consider the second reading --. of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-211 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF OTNE, TEXAS; A ONIG GE ON A CERTAIN CT OR TRACTS OF LAND S I G HIN THE CITY OF SOUTH- KE TEXAS, BEING AP- PROXIMATELY 2.95 ACRES 27th JANUARY 1997 S' GRANDBEERRY SURVEYlRAB SWOR TO BEFORE ME, THIS THE DAY OF , STRACT• OMPLNO.L5DE TRACT _ ��� /1 ,�.� 2C AND MORE FULLY AND aY•°t, �� ~lilt/\ COMPLETELY DESCRIBED a�P `91t RHONDA R. GOKE IN EXHIBIT "A" FROM "AG" ?_• '�to NotaryPublic AGRICULTURAL RAGENERALIZED .'s COMMISSION EXPIRES # SITE PLAN DISTRICT WITH � SEPTEMBER 8, 1999 S OFFICE DIS- Ti-.--_w't�' TRICT USES SUBJECT TO or_.Y TARRANT COUNTY,TEXAS THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE; CORRECTING" THE OFFICIAL ZONING MAP- PRESERVING ALL OTHER PORTIONS OF THE ZONING• ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ORDINANCE; DETERMINING' THAT THE PUBLIC INTER- EST, MORALS AND �TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT GENER- AL WELFARE DEMANDD THE HE ------.\ — ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVEOF ALL ORDFCAVikAniAl i NANCES;PROVIDING A SEV- SERABILILITY CLAUSE• PRO , VIDING FOR A PENALLY FOR ram VIOLATIONS HEREOF;VIDING A SAVINGS CLAUSE; REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING FOR PUBLICA- NEWSPAPR; TION IN THE OFFICIAL N E G AN EFFECTI DDATE.PRO ACCOUNT AMOUNT Section 7.Any person,,firm or NUMBER C I T 5 7 DUE 53. 46 corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 of any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dolalrs ($2 000.00) or each offense. Each day at a violation is permitted l fist shall constitute a Cty- ,te offense. eca j'hlLeGrand, S CITY OF SOUTHLAKE 667 N CARROLL AVE c SOUTHLAKE , TX 76092-9595 PLEASE PAY , 53 . 46 1 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED