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480-332CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-332 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 TRACT lB3 SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AND BEING APPROXIMATELY 1.4677 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C- 3" GENERAL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL 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 Page 1 WHEREAS, the hereinafter described property is currently zoned as "C-Y' General Commercial 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 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 Page 2 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: Page 3 Being Tract lB3 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677 acres, and more fully and completely described in Exhibit "A" from "C-3" General Commercial District to "S-P-l" Detailed Site Plan District with "C-3" General Commercial 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." 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 Page 4 particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the connnunity. 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 trot, under such ordinances, same shall not be affected by this ordinance but may be prosecuted Page 5 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 marling 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 . day of ,2000. ATTEST: Page 6 PASSED AND APPROVED on the 2nd reading the /`9/- day o~l~, 2000. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 7 EXHIBIT "A" $i ATE OF TEXAS COUNTY OF TARRANT WHEREAS, Corban Capital, L L C acting by and through the undersigned, Dan Matise, its duly au:horized agent is the sole owner of a tract of land situated in the Samuel Freeman Survey, Abstract No 525, City of Southlake, Tarrant County, Texas, being the same tract of Iand nonYeyed to Corban Capital, LL C, by deed recorded in Volume 13382, Page 253, Deed Records Dallas County, Texas, and being more particularly described as follows; BEGINNING at the intersection of the North line of E State Highway No 114, (a variable width R O W ), with the West line of Shady Lane. (a 35' Fi O W), a power pole on corner; THENCE Westerly, with the said North line of E State Highway No 114, same being with a curve to the left having a central angle of 02 deg 21 rain 18 sec, a radius of 5839.58 feet, a chord bearing of North 85 deg 55 rain 34 sec West, an arc distance of 240 01 feet to the end of said curve, an "x" cut in concrete for corner; THENCE: North 87 deg 06 min 13 sec West, with the said North line of E State Highway No 114, a distance of 3400 feet, a brass highway monument found for corner; THENCE: North 02 deg 15 min 28 sec East, with the East line of a tract of land conveyed to Leonard D Emery, et al, by deed recorded in Volume 11585, Page 2031, Deed Records Tarrant County, Texas, a distance of 22676 feet, a 5/8" iron rod found for corner; THENCE: North 87 deg 19 rain 27 sec East, with the South line of a tract of land conveyed to Raymond C and Mary Louise Dunn, by deed recorded in Volume 2775, Page 54, Deed Records I arrant County, Texas, a distance of 257 65 feet to a point in the said West line of Shady Lane, a Z- iron rod found for corner; THENCE: South 01 de9 34 rain 01 sec East, with the said West line of Shady Trail, a distance of 25747 feet to the PLACE OF BEGINNING and CONTAINING 63,933 square feet or 1 4677 ecres of land Page 8 EXHIBIT "B" Page 9 EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JULY 18, 2000 MINUTES Motion was made to approve the first reading of Ordinance No. 480-332, (ZA 99-139), subject to the Site Plan Review Surnmary No. 5, dated July 14, 2000; granting [on first reading] the variances requested subject to reconsideration of those variance requests at second reading and with the interest of the council of seeing some revised plans coming forward as discussed by Council for the next meeting. Motion: Second: Ayes: Nays: Approved: Standerfer Fawks Standerfer, Fawks, Kendall, Shankland, DuPre, and Stacy Potter 6-1 votes Page 10 EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667NORTH CARROLL AVENUE SOUTHLAKE, TEXAS AUGUST 15, 2000 MINUTES Chief of Building Services Malcolm Jackson stated, "The issue regarding the tree mitigation has been resolved. Mr. Matise and the City have reached an agreement and understanding that Mr. Matise has agreed to 100% of the mitigation of all required mitigation trees prior to the approval of this site. That arrangement has been made and signed off on by both parties." Motion was made to approve Ordinance No. 480-332, 2nd Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square subject to Site Plan Review Summary No. 6, dated August 11, 2000; and subject to the comments made by Mr. Jackson regarding the agreement for tree mitigation; and accepting the variances set forth in the site plan review summary. Motion: Second: Ayes: Nays: Approved: Standerfer Fawks Standerfer, Fawks, Kendall, Shankland, DuPre, Stacy Potter 6-1 vote Page 11 Vicinity Map 114 Hillside Square CiTY OF GRAPEVINE 2000 0 2000 Feet N Case No. Agenda Item Attachment B ZA99-139 7D Page 1 Surrounding Property Owners 114 Hillside Square Property Owner Zoning 1. G. Markwood 1. "SF-1A" 2. R. Clary 2. "SF-1A" 3. R. Dunn 3. "SF-1A" 4. M. Stephan 4. "SF-IA" 5. DFW Highway 114 Ltd. 5. "C-3' 6. L. Emery 6. "C-3" 7. L. Emery 7. "C-3" 8. L. Emery 8. "C-3" 9. L. Emery 9. "C-3" Land Use Description 1. Low Density Residential 2. Low Density Residential 3. Low Density Residential 4. Low Density Residential 5. Office Commemial 6. Retail Commercial 7. Retail Commercial 8. Retail Commercial 9. Retail Commercial Acreage 1. 1.970 acres 2. 1.500 acres 3. 1.910 acres 4. 1.980 acres 5. 5.560 acres 6. 0.808 acres 7. 0.386 acres 8. 1.880 acres 9. 1.600 acres N :\Community Development\WP-FILES\NOT1CE\99Exhibits\99139.doc Case No. Agenda Item ZA99-139 7D Attachment I Page 1 C tI:f1""l-.4 'TII/e 7'0 I/C" 3 " v:st?$ I I I i I , , l , f f I , I I I I I , SECTION 20 C-l NEIGHBORHOOD COMMERCIAL DISTRICT 20.1 PURPOSE AND INTENT - This district is a lower intensity commercial category providing a uniform set of standards for neighborhood type retail shopping facilities and general commercial support activities. It is intended that this zoning district be served by appropriate thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. It is intended to provide neighborhood residential areas generally within one-quarter mile to one-half mile radius with limited, convenience services and small retail type items. It is intended that the development within a district or tract be established as a unit, with adequate off-street parking for customers and employees, with coordinated architecture, with coordinated signage and lighting specifically adapted to achieve compatibility with surrounding development and with appropriate landscaping and screening to reduce or eliminate any negative impacts on adjacent land uses. 20.2 PERMITTED USES ... a. Commercial Uses 1. Offices of a business and/or professional nature providing services not including fabrication, manufacture, or production of goods. (As amended by Ordinance No. 480-C.) 2. Bakeries, provided that the floor area of the bakery operation shall not exceed 2,000 square feet. 3. Barber and beauty shops. 4. Cleaners, laundries and/or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. 5 G:u:gliae filling ~t:;ttigI1s tn.:;tt Qper:;Lte iR ~gajuR~tigR "qtn. HnaIl ~gnveRien~e stot:es. ~'JI;:h 'ewe ma)' ~ontaiR :;t slRall ~~ 'v~sh ucili~', gllt m~)' Fig1 iRcIude f~I:u;iI~r or bgd~' repain:, mechani~al ser'kel\, n::M" end, tram:miEEioR gr engim~ oy€rn.:;tul. (Deleted by Ordinance No. 480-Z.) 6. Grocery stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet. 7. Newsstands and/or bookstores provided that the floor area does not exceed 2,500 square feet of space. 8. Restaurants, tea rooms and/or "take-out" food establishments, provided that the floor area of such operation does not exceed 2,000 square feet. Food Agenda Item 70 Case No. ZA 99-139 RECTI JP.N 242000 .:'1 Case No. ZA 99-139 service establishments operating in this district are envisioned to be relatively small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area. 9. Tailor, clothing or wearing apparel repair shops to include tailor activities that create custom made clothing or accessories. b. Community Facility Uses - City hall, fire and police stations and other municipal uses. 20.3 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 a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 2004 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 oftrus ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 20.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed two and one-half (2-112) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however, where a C-l zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized, the equivalent open space and plantings (normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the Agenda Item 1D 20-2 '1 ',- :1 ~ ~.: n , ~ S1 U fJ ~ m ~'..: ~, t ~1 ~j ~ ~.:;. ~', i\' s S it II II it II I 21.1 SECTION 21 . C-2 LOCAL RETAIL COMMER.CIAL DISTRICT PURPOSE ANP INTENT. This district is a low to medium intensity commeroial c~tegory' providing a uniform set of standards for neighborhood type retail shopping facilities and general commercial activities. It is intended that this zoning distriot be serv~d by appropriate thoroughfarea and be of such size that all parking and traffic maneuvering can take place on the commercial site. It is intended to provide limited local retail and service commercial uses which serve one or more neighborhoods lying within a one and one~ha1f to two mile radius of the site. 21.2 PEE.MIITED USES (As amended by Ordinance No. 480.U.) lot Case No. ZA 99-139 1. Any use permitted in the 0-1 Office Dbtrict. . 2. Any use permitted in the C.l Neighborhood Comm.crcial District. 3. Antique shops. 4. Bakeries designed for retail sales rather than wholesale operation. 5. Bicycle sales and bicycle repair shops. 6. , Blueprinting or photostating~ ~ 7. Book or stationery stores to include large newsstands. B. Dwme33 eeYeges er private seaeals fer '"19QaQQSal tr?~"it'g gf offiQe !ll~ed. ~2Iemt, sueR as stilBQg!'apluus~ ixeBati"/1 seeretari.s, .t~. 9. CMSBnfl:3 tree ~~es aegiBnmg oae week before ThaBkaghiBg ~Q I~dmg thrQugh Desemeer 31st sf Ilea sales_ year ((;)lHaSa! aisplay permitted). . . 10. Ciga:r er taeastQ atQrea. 11. Cleaning, dying and pressing works; laundry and LaWldromats, providing that the floor area does not exceed three thousand (~,OOO) square feet for separate or combined uses. '.. 12. Confectionery stores. 13. Custom dress making or millinery shops. Agenda Item ,D PED J'o.N 242000 ... Case No. ZA 99-139 23. f 24. 25. 26. 14. Danoing 3e13ool8. ,,' . ....... 15. Dlry n1;tt.!,riGs 16. Delicates~en shops without size limitations. 17. Dog zmd cat ho~itftl3 or small animal hospitals if COl'1QUDtea wholly .llithin a completely eflolosed SOOOQ proofed aM air eonditlcmed bailGing, providing t1mt noise or oears 13reated by aetivities vlithln the building shall not be pcreeptible b~yond the property lIDo; that ao long term bGaroing of animaJ.s is pemtitted cxeept .....here related te medias.! l:Featment; GIld. that 1'10 animeJs are kept outside the buildiag at eny time. 18. Drug stores. 19. Dry goods and Dotion stores provided that the floor area of such facility not exceed eight thousand (8,000) square feet. 20. Duplicating service, printing, lithographing, mimeographing, multi-graphing and offset printing. providing tha.t the floor area does not exceed two thousand (2,000) square feet. ~l. Filling stA!iens 6f semtt 3tatioM, epe:ratmg ''ttith or v.ithoat a con"ltn1oace store. Such ~c mal omr !e!olim., oil, p-ca!ing IIftd ftCC~30ri'3, ~d. may eentai:a a ,!mall eM wB::!h faeilitY, but m~ not include &adcr 61 ~d,' repairs, mech~,al semccs, reM atd, trM!:3mi3~ion or engine o'r'crheuL (A! tanended by Orainance No. 480 C.) (Deleted by Ordinance No. 480-Z.) 22. FinantraI institutions. Florist or gift shops. Fro~en food.loekcrs f-fJf indhidl:l:fl:1 or family we. n()t ineluding the preeesaing effaoe 8KSeI3te1:Kt:ing 13r ..y~"~pjng. Grocery stores and meat markets without size limitations. H\;alth. set vico facilities to mehtd, climes, effiees elf deatims, dosters. sad. gthw praetitioaers ofhea1mg arts, liecnsed or similBfly reeagnized under the lay.'! of the State of reX!!; Om,,! far !pcdali3t:. and 3l:1'pj3erting health serviee fields, Bush as physieal, "at1die ana afleeeh thefe1'Y, podiatry a:nd psyehelogieel testiBg ami cOUBs~liHg; deatal, me:cliead aed 6fltleallaaeNtorlea ea bleed baek:s; am1:mlNi;e Agenda Item ID . '-! ~.,. , , . " I II a I I II I . I., t r i. I. I J I I ~ U I I I II II II I I cUapatch. statimlB, prescription pharmaGi~8and offiQes, stores and display room$ for the sale and rental. and .medical sl:tpplies and equipmeat. 27. Jewelry stores. 28. Leather and leather good shops, providing tlmt the floor area does not exceed two thousand (2,000) square feet for separate or combined uses. 29. 30. 31. 32. 33. .. 34. 35. 36. Optical goods. Photographs, portrait or camera shops and photofinishing. Radio and television sales and servicing. Restaurants, tea rooms. cafeterias, fast food and "take-out" food restaurants. Shoe repair services. Sporting goods, includiDg gun sales and repair. Tailor, clothing or wearing apparel shops without size restriction. Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. . I ~ ~ 37. Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet. 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 a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 21.3 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifioally authorized in Section 4S dfthis ordinance, subject to full and coxnplete compliance with any and all conditions required in Section 45, together with any other condition~ as the City Council may impose. Any use acoessory to an approved specifio use permit shall be permitted without specific approval ifit complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 21.4 21.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations . shall be applicable: Case No. ZA 99-139 Agenda Item '1D . : SECTION 22 C-3 GENERAL COMMERCIAL DISTRICT 22.1 PURPOSE A1'ID INTENT - This is a general commercial zoning district normally reserved for areas that provide the greatest number and mix of retail and commercial uses. This district is reserved for areas of adequate size and location so that its broad range of medium to higher intensity land uses will not cause or create nuisances to adjoining zoning districts. It is not anticipated that this district will be placed contiguous to or in direct proximity to residential zoning districts. This zoning district is designed and intended to serve as the commercial support zone of the entire community. It is not based on a service area directed only at immediately surrounding properties. This commercial zoning classification is the most comparable to that traditionally found in central business districts of older communities and is intended to have a clearly commercial pattern. It should be located in,such a manner as to have reasonable access to major arterial roadway systems so that ingress and egress to the C-3 area may be managed in a safe and controlled manner. ;4 PER.J.\1ITTED USES 22.2 1. Any use permitted in the C-2 Local Retail Commercial District. 2. t,.ucliteriums, tReaters El:fld eiR0ffi8:3. 3. ~ I 4. ~. I ~ "7. ~ J ~ J ~.." ~ J ~ ~ J Case No. ZA 99-139 D Cleaning, dying and pressing works; laundry and washaterias, providing that the floor area does not exceed 3,500 square feet for separate or combined uses. (As amended by Ordinance No. 480-U.) Coin and stamp shops. COl!UtKrdlll a.musemefit eCfitCl'S B:l"ld be'wliflg alleys wbere the activity is for indoor e~eratieRs and activities only, iReludiflg iRdoer dri'/m.; rai'lges and indoor miniature golf e01:ff3CS. 6. Commercial art galleries. Cefivefitiel'lB.l golf em:lf3eS, ineh:lsil'lg emtaeer clriviRg faBges aeeessmj' thereto, eut e;{eh:1ding eutdeor ~iature gelf eOUfses. 8. Department stores. 9. Dry goods and notion stores without size limitation. 10. Electrical and gas appliances and supply sales, electrical and gas repair and installation services. Agenda Item 10 PiG'D JAN ~ 4 2000 11. Hardware, paint, wallpaper stores and other home improvement items and activities. 12. Hat shops. 13. Health and physical fitness centers and gymnasiums. 14. Hobby shops. 15. Household and office furniture, furnishings and appliances. J 5. Locl~cs, 3ofonti@s and/or frnt@rniti@g 17. Medical Cflfe facilities to include nlH"sing and core homes, hospitals "cith thgir rglat@d fae:ilities BJid supportive retail ami personal serviee 1:lses operated by or under the em'lcr8l sf the nOEpitaJ primarily f'Dr the convenience of patients, staff ood visitors. } g. MortuMies, funeral homes and und@rtak@rs. ~ 19. Music or record shops. 20. Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with tms use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device. 21. Pet shops. 22. Piano stores, musical instruments and supplies. 23. Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors witmn this zoning district. 24. Printing, lithographing or duplicating jobs without size limitation. 25. Retail stores, businesses or shops for custom work or the manufacturing of articles to be sold at retail on the premises, providing that in such manufacture, the total mechanical power shall not exceed five horsepower for the operation of anyone machine and provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50) percent of the total floor area of the permitted use and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all activity shall be conducted totally within the same building. It is the intent of this provision that the manufacturing activity be related to the production of small items in a craft-type environment rather than high intensity construction activities. Agenda Item 1D Case No. ZA 99-139 22-2 . -16. Skating rinks, ice and roller (indoor only). , i ,. 27. Taverns, clubs, and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of this ordinance. The mere reference to this provision within the zoning ordinance does not indicate or imply that the sale or consumption of alcoholic beverages has been or will be permitted under the alcoholic beverage laws of the State of Texas. It is only intended to define a location for this type of use if its existence should be permitted by state law. r I I , ~ ( I I ~ ~-~ I ,'. I 4: ~ I i ~ i t h M II 28. Toy stores. 29. Upholstery shops - furniture. 30. Variety stores without size limitation. 22.3 '"' 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 a pennitted use when it complies with the conditions for an accessory use as defined in this ordinance. 22.4 SPECIFIC USE PER...i\1ITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 22.5 DEVELOPNfENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed three (3) stories nor shall it exceed thirty-five (35) feet in height. b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however, where a C-3 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. Case No. ZA 99-139 Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the B\1R*Iftnft Zoning Commission. Where z~w_lcL---. "" 11) ~ Case No. ZA 99-139 1. J. k. 1. I . j development is utilized, the equivalent open space and plantings (normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section I 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent I land uses. (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. I e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50) percent of the lot area. (As amended by Ordinance No. 480-BB). I I f. Floor Area: Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area, but the minimum size for a separate building or Structure existing within this district shall be two thousand (2,000) square feet. There is no maximum floor space, except as specified herein under other provisions of this ordinance. I I g. All commercial uses within this district shall be sales and/or service type uses selling new merchandise only. I h. All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited unless in accordance with Section 38 of this ordinance. I All exterior lighting designed for security, illumination, parking lot illwnination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended. (As amended by Ordinance No. 480-GG.) I I Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. I Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district; however, such off-street parking spaces shall be on a hard surfaced drive or parking area. I I Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-five (75%) percent of the total lot area. However, if the following criteria is met, up to, but not exceeding, an additional 5% .of impervious. c~rage Agenda Item 11) I J J! "'...' ~:[ :~ .~ ~o .- ~; ~.. ~.. r ~ r . k: ...~.. shall be permitted: for each additional one oercent(l %) of im-p~ious cover'!ge provided, an addItional nvo feet 0') of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 f09t pf width to the require_d side and rear bufferyards shall be added to the site. This requirernCdllmay also be sa~d hy providing an equivalent amount ofl~.area in the;tmnt or sides of the site (exclusive of thp. bufferyard areas) either by increasing the number and/or size of parking ISlands; 0Y preserving natural groves of trees, by erilia:ncin~ I]'druril drainage a,rea,..etc. Any alternative means shall be required to have the approval of the Landscape Administrator to ensure that the proposal is practical and will enhance the survivability of existing trees on the site. (As amended by Ordinance No. 480-BB). 22.6 ADDITIONAL DEVELOPMENT REGULA TrONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE F AMIL Y RESIDENTIAL PROPERTY - In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part 111, Residential Adjacency Standards, shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480-CC). ~ 22.7 SITE PLAN - A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C-3 district. (As amended by Ordinance No. 480-M.) 22.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-M.) Case No. ZA 99-139 Agenda Item 10 ~,. .~, . . ~ ~ ~ ~ ~ 18.1 ~l ~ I;. ~~ , , .. ZJ , " . ;,. . d ii,;;.,\;:.; .....~ .., r.~~' . :).":'~," ~ ~F:' :':. .. 18.2 SECTION 18, 0-1 OFFICE DISTRICT PURPOSE AND JNTENT - This district is a commercial category designed and intended for the exclusive use of office and office related activities. It is established for tmd will be allocated to those districts capable of supporting commercial activity of an office character. ' It is envisioned as possessing a lower overall intensity of use and development when compared to other commeroial' categories. It is particularly well-suited for environmentally sensitive areas and those sites in which natural limitations make full area utilization infeasible. It has been established to encourage and permit general professional and business offices of high site quality and appearance, in attractive landscaped sUlToundings ~th the types of uses, and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. 'Ibis district should generally be located in areas abutting arteri~ andior collector streets which are, because oflocation and development trends, suitable for the establishment of office uses that are 'compatible with residential uses thereby'lDaintainiIig'the charact~lr ana.'lHtegrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development within this zoning category must provide a low intensity of land usage and site coverage to enable the site to retain its park~like image. PERNITITED USES a. Office Uses 1. Accounting and tax preparation; 2. Adjustment and collectIon services; 3. Advertising ag~ncies; 4. Architecture; 5. Banking; 6. Billpaying services; 7. Business corporate headquarters (when u.eed for offi9Cl purp~ses only); 8. Business hold\ng aI\d'investment services; 9. Chamber of Commerce;' .': I Agenda Item ID ~ {' .' . . REC'D JAN 2' 4 2000 /' ". 13. 14. IS. 16. 17. 18. 1.:1 19. 2{t 21. 22. 23. 24.. .. , . . I.. ~ 25. 26. 27. 28. 29. 30. Case No. ZA 99-139 ": 10. -CbirQpra"torii; 11. Computer services; 12. Consumer andtnercantil. eredit reporting; Coatraaters offioes (prs'Iidea no oUHlide sterage OF display is permitted); Dentists; .. Duplication and mailing services; Employment services; Engineering; - " Finance; Interior design; taad sl:Irveying; Law; Management consultants; Optometrists; . .Other offices of a bJ.1Siness' andlou professional nature providing servi'Ces not.... including the retail sale, fabricati.o~ manufacture or production of goods or merchandise. Physicians; Podiatrists; Psychiatrists; , ;.~."'''' Psychologi$ts; Radio recording and teleVision broadcasting offices and studios; , Real estate and insurance; Agenda Item 1D ~ IrS ;-: . -. .. -, *' \ . ,. II " 'lI .. ~~::' j i4" II r;: , '\-' \, ! ,'-i..: ' , . ....j... - ~~.:. . ~ ,_:.::..)..: 1 ' , >. ,<. '~:i.l;.f:{: ;:'" . ,.,., . 18.3 is::4 :~.'?';:'>:, , . J~'T' .. ..~~~.:.v~ . 31. Savings and Loan; 32. I ' Securities and commodities brokers. dealers, underwriters and exchange offioes; 33. Stenographio sexvises; 34. Title companies; 35. Travel bureaus Of services; 36. Utility OffiCliUJ; b. Community Facility Uses 1. <hI' . . ~. ,; . "''''', Pu 1~, gaIlY flubliQ aad pnyate par1UJ; '.. , ' - 2. Reereatien and epen SpaQil tg iJl~lude playgrQuudi. parkwuys. g;r~~tJ.belt!i1 pClBds aad lakiB, botanical gardens, pedestrian pathB, bieyele paths, equestrhm aridal tmils, nature centers, and bird and. 'Wildlife sanemsries; .3. Libraries; ~. City haJIs, fire aad poliea stations. and other rmmiQipal uses; ~d ,). Other uses af a similar BEtture ana saarattgr. ACCESSORY USES. In addition to those accessory uses specifically aut:horlzed in Section 34 of this ordinance, any use may be established as an ~ssoIY use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. ... , SPECIFIC USE PERMITS - Specific use permits may be approved by the City Counoil following a recommendation from the Planning and Zoning Commission as specifically authori2ed in Section 45 pfthis ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specifio approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance.No. 480-C.) 18.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: ;"~" Agenda Item 10 . .~. INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 178102921 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/18/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17810292 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 8/18/00 �.T «�� �n �`�. �' � � I � � .Depth :�� x � Rye Arn° t Sounru TEXAS CITY OF SOi ORDINANCE NO. RDIN I358 1 93 93 LINE $5.79 $538.47 480-332 AN ORDINANCE AMEND- ING ORDINANCE NO. Sales Discoun 480, AS AMENDED, THE ($463.14) ING ORDINANCE 01 1 HF CITY OF SOUTHI AKE, TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH-INet Amount: $75.33 LAKE, TEXAS BEING LE- GALLY DESCRIBED AS TRACT 1B3 SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525 AND BEING AP PROXIMATELY1.4677 ACRES AND MORE FUL- LY AND COMPLETELY DE- SCRIBED IN EXHIBIT A° FROM °C-3' GENERAL COMMERCIAL DISTRICT TO S-P-1' DETAILED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERE- TO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIE IC REQUIREMENTS CON- TAINED IN THIS ORDI- THE STATI N CEOFFICIALL ZONING MAP' PRESERVING ALL County of 1 OTHER PORTIONS OF I THE ZONING ,Ory��tDI-I Before me, 711AT EYHE UBLIC�IN'�`ER- said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordina ,r, for the - ESTS, MORALS AND GEN- Telegram, F ERAL WELFARE DEMAND •am, Inc.at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn,did depose ana say that the THE ZONING CHANGES attached clii HER AMENDMENTS Nas published in the above named paper on ted dates: HEREIN MADE; PROVID- ING THAT THIS ORDI- NANCE SHALL BE CUMU- \ 40N. LATIVE OF ALL ORDI- NANCES PROVIDING A SEVERADI`ITY CLAUSE; SUBSCRIBE PROVIDING FORA PENAL- ORE ME,THIS Monday,AU St 12000. UF "E°FPIVVNGM ,/n///J TY FOR VIOLATIONS �' "`(IIt/) / /ING CLSE PRO- �(/ �l VIDING FOR PUBLICATION Notary Public IN THE OFFICIAL NEWS- PAPER, AND PROVIDING AN EFFECTIVE DATE. SECTION 7. - Any person, firm or corpo- _ ration who violates, dis- "" ^" CHRISI Y L.HOLLAND obeys, omits, neglects, /• or with refuses to comply wi f th or who resists the MY COMMISSION EXPIRES enforcement of any of vent DULY 31,2004 Thank Yo the provisions of this fined 4 A dinance shall be fined not more than Two Thou- ailfamiugi"� sand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate of- fense. Remit To:PBYSTHEACTYACO NCI Customer ID: CIT57 OF THE CITY OF SOUTH- THEE,15t XADAY OF O THIS AU-. GUST, 2000. Customer Name: CITY OF SOUTHLAKE MAYOR RICK STAGY ATTEST: TX 76101-2051 Invoice Number: 178102921 SANDRA L. LEGRAND, CITY SECRETARY APPROVED AS TO FORM: Invoice Amount: E. ALLEN TAYLOR JR., $75.33 CITY ATTORNEY PO Number: Amount Enclosed g$ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 176358821 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/21/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17635882 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 7/21/00 pg -:. aj d ' '�ij l 4 P aT Y.P a 6^a'I M p frAT -`i l R s' vt- '' '9 7 a:: Z `!8 �t ll d .;'E�f N+1 y-P< c.. ��.w>>,l P..,.b � h # 3 3 x �6 , •.. .m..,'"", R` S+'. w, :���--,,. .mow , . ., a__i ..yr, e.,'s _.,.,. ._ .,.- ?. CITY OF SOUTHL SOUTHLAKE°.TEXAS I358 1 104 104 LINE $5.79 $602.16 NOTICE was hereby given to all interested persons that the City Council of Sales Discount the City of Southlalce, ($517.92) Texas, will be holding a public hearing during the regular city council meet- ing to be held on August 1 2000, at 7.00 p.m• The meeting will be held berse ofityC Cyo u Hall C 667 - North Carroll Avenue, Net Amount: $84.24 ehlofetheTh xas. P earing will grheld regarding the fol- lowing:CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-332 AN ORDINANCE AMEND- ING ORDINANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A KNING CHANGE ON OA TRACTS HA OF LANGND WITH- IN THE CITY OF SOUTH- GALL1i'TEXAS ESRIBED EIN AE- TRACT 1B3 SITUATED IN Y ABSTRACT NO SURVE , THE STATE OF TEXAS 525 AND BEING AP- County of Tarrant PROXIMATELY 1.4677 ACRES, AND MORE FUL- LY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" Before me,a Notary Pub FROM C-3 GENERAL Ind State,this day personally appeared"1 .MMIE BRYANT, .:id and Legal Coordinator, for the Star- Telegram, published by ti TO S-P-1 DETAILED ort Worth, in Tarrant County, Texas;an who,after being c y sworn, did depose and say that the attached clipping of an a( WITH PLAN O 3N GENERAL in the above name on the listed 3tQy COMMERCIAL ON USESES AS AS DEPICTEDTED ON THE APPROVED SITE PLAN TO AND TINCORPORATED ACHED HERE- I n — SUBSCRIBED AND SWC SUBJECT TO THE HEREIN EXHI BIT IC REQUIREMENTS CON-IS Friday, July 21, 2 TAINED IN THIS ORDI- NANCE• CORRECTING THE OFFICIAL ZONING OTHER PRESERVINGPIN ALL Notary Public — THE ZONING ORDI- 4 .n,.�s.. NANCE; DETERMININGALL THAT THE PUBLIC INTER- DRAIN r.A. Kti Fig ESTS, MORALS AND GEN- ERAL ¢ H ZONING CHANGES IriN tell' cEfpM� ,��� 1 XPEf ES R '.003 HEREIN MADE AMENDMENTS Thank You For Yc ING THAT THIS ORDI- NANCE SHALL BE CUMU- ®— ._._.„._.— �...._.... _ LATIVE OF ALL ORDI- NANCES' PROVIDING A' SEVERAOILITY CLAUSE; ITYROVI FORN FOR VIIOALATIONS HEREF' PROVIDING A SAVINGS FOR PUBLICATION Remit To: Star-Tell IN THE OFFICIAL NEWS- Customer ID: CIT57 PAPER' AND PROVIDING P O BO AN EFSECTION 7.E. Customer Name: CITY OF SOUTHLAKE i� Any person, firm or cor- FORT VN es, dis b ys. o ts, or itseo lstne-11-2051 Invoice Number: 176358821 g to comply with or who re- sists the enforcement Invoice Amount: $84.24 of any of the provi- sions of this ordinance shall more than fined Thou- PO Number: Dollars sand($2,000.00) for each ....i offense. Each day that Amount Enclosed: $ a violation is permitted to exist shall constitute a separate L. oGran atLd Sandrae. City Se of cretary Southlake,Texas ____