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480-400OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-400 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 3, J. A. FREEMAN NO. 529 ADDITION AND A PORTION OF TRACT lB2, SITUATED IN THE J. A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.72ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-I" BUSINESS SERVICE PARK DISTRICT TO "S-P-I" (DETAILED) SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES AND LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT 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 a]nend said ordinance and map for the purpose of promoting the public health, safety, morals and Page 1 general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "B-I" Business Service Park 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 heating 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 fights 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 Lot 3, J. A. Freeman No. 529 Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas and a portion of Tract lB2 of the J.A. Freeman Survey, Abstract No. 529, and being approximately 3.72acres, and more fully and completely described in Exhibit "A" from "B- 1" Business Service Park District to "S-P- 1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses and limited "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 particular uses Page 4 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. Page 5 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. Page 6 PASSED AND APPROVED on the 1st reading the 18th day of June, 2002. A~x~iIqG CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 16th day of July, 2002. ATTEST: ~A~IN'~G~ETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EFFECTIVE: Page 7 EXHIBIT "A" Lot 3. J. A. Freeman No. 529 Addition, an addition to the City of Southlake, as recorded in Cabinet A. Slide 7075, Plat Records, Tarrant County, Texas and a portiqn of Tract lB2 of the J.A. Freeman Survey, Abstract No. 529, and being approximately 3.72acres. BEING a 3.63 acre tract of land contain/ng all of Lot 3, as recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas, and a portion of a tract of land conveyed by deed to Greenway-1709/Eleven Partners L.P., as recorded in Volume 12806, Page 598, Deed Records, Tarrant County, Texas. Said 3.63 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 1 inch iron rod for comer, said point being in the south right-of-way line of Southlake Boulevard (F.M. 1709) (a 130 foot R.O.W.), and being the northeast comer ora 14.56 acre tract of land conveyed by deed to Southlake Land Ltd., as recorded in Volume 12202, Page 212, Deed Records, Tarrant County, Texas, and the northwest comer of said Lot 3; THENCE South 89°15'00" East, along said south right-of-way line of Southlake Boulevard, for a distance of 442.94 feet to a set 1/2 inch iron rod for comer; THENCE South 00045'00'' East, leaving said south right-of-way line, for a distance of 357.00 feet to a set 1/2 inch iron rod for comer; THENCE North 89°I4'58' West, for a distm~ce of 444.46 feet to a set 1/2 inch iron rod for comer, said point being in the east line of said Southlake Land Ltd.; THENCE North 00°59'37" East, along said east line of $outhlake Land Ltd. and the west Ihae of said Lot 3, being a common line, for a distance of 357.00 feet to the POINT OF BEGINNING and CONTAINING 158,400 square feet or 3.63 acres of land, more or less. Page 8 EXHIBIT "B" NOL[.IGG~ N'~NIVltDFI~I Case No. ZA 02-038 Page 9 BUCHANAN ADDITION Case No. ZA 02-038 USES AND DEVEI.OPMENT REGULATIONS FOR "S-P-I" ZONING SECTION ONE Permitted Uses This site shall pemfit "C-2" General Commercial District uses according to thc Zoning Ordinance No 480, Section 21 excluding lhe lbllowing uses: 9 Christmas tree sales l0 Cleaning, dying and pressing works, laundry and Laundromats 24 Frozen food lockers for individual or family use. 25 Grocery stores and meat markels in excess of 11.001 s.£ 32 Fast food restaurants or restaurants with drive-through sales windows The following "C-3" General Commercial District uses shall also be permitted: 1 2 3 5 7 8 Corn and stamp shops Commercial Art Galleries Hat shops Hobby shops Piano stores, musical instruments and supplies Toy stores Household mid office furniture and furnishings Nursery for the retail sale of plants and accessory items where the sales operations are conducted entirely within the enclosed structure Case No. ZA 02-038 Page 10 EXHIBIT "C" City of Southlake CITY COUNCIL MEETING July 16, 2002 Motion was made to approve Ordinance No. 480-400, 2nd Reading, subject to Site Plan Review Sunm~ary No. 4, dated June 14, 2002, including the amendment discussed tonight showing canopies, working out a western stub-out, granting variance requested, and subject to previous conditions approved on l"t reading. Motion: Standerfer Second: Ayes: Nays: Approved: Shankland Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy none 7-0 City of Southlake CITY COUNCIL MEETING June 18, 2002 Motion was made to approve Ordinance No. 480-400, lst Reading, subject to Site Plan Review Summary No. 4, dated June 14, 2002, aa~d further subject to 20-foot lighting type RA25 as shown on page two of ERA International Design Luminaire (or something equivalent), granting a 5-foot variance on driveway spacing, and further limited to changes discussed toTfight. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen Nays: none Approved: 6-0 Case No. ZA 02-038 Page 11 SITE PLAN REVIEW SUMMARY Case No.: ZA02-038 Review No.; Four Project Name: Site Plan Buchanan Addition (including Dallas Foam) Date of Review: 06/14/02 APPLICANT: Greenway - 1709/Eleven Ptnrs. Tommy Pigg 2808 Fairmont, Suite 100 Dallas, TX 75207 Phone: (214) 880-9009 Fax: (214) 880-0188 ARCHITECT: David Fisher + Architects David Fisher 362 Oaks Trail, Suite 130 Garland, TX 75043 Phone:(972) 203-8110 Fax: (972) 203-9870 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/13/02 AND WE O[,FER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. General Development Standar& Applies Comments Corridor Overlay l~egulations Y ' ' Complies Residential Adjacency N N/A Building Articulation Y Complies Masonry Standards Y Complies hnpervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See comment #2 Lighting Y Must comply with Outdoor Lighting Ordinance No. 693-B DEVELOPMENT REGULATIONS The "S-P- 1" development regulations are modeled after the "C-2" Local Retail Conm~ercial designation in the Zoning Ordinance. GENERAL COMMENTS Provide the required spacing between drives along E. Southlake Blvd. The right-in/right-out drive is required to be 25(1' from centerline of the drive to the centerline of the proposed Gateway Church drive. The plan shows a distance of 245'. (A variance has been requested) INFORMATIONAL COMMENTS Please be mindthl that should individual tenants desire to sell alcoholic beverages that a specific use permit must be processed and approved by the Planning and Zoning Commission and the City Council. * Specific design of the median for the east driveway must be approved by the City Engineer. Case No. ZA 02-038 Page 12 * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following lees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Please be aware that any change of lenant/owners with a request for a new C.O. will require that ail parking m'eas meet the "ail weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. ZA 02-038 Page 13 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 216680581 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 7/19/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21668058 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHAL Publication Date: 7/19/02 P P, `�, iication Col 4Dept r triage �. ..- 'r, Raf+e`° k , o>�nt4 CITE CITY OF TEXAS ORDIN I3580 1 121 121 LINE $6.33 $765.93 SOEIHALKE, ORDINANCE NO. Sales AN 4881714AANCE ($667.92) AMENDING ORDI- AMENDED, 0,THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY TEXAS, GURANTWEd Net Amount: $98.01 A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- EESLTDSCRIBD A O NNO.H 5 9 ADDITION AND TRACT 1B2 SITUATED IN THE J.A. FREEMAN SURVEY, AB- STRACT NO. 529, AND BEING AP- PROXIMATELY 3.72 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT A" FROM "B-t" • BUSINESS SERVICE Ti., PARK DISTRICT TO S-P-1" (DETAILED) Co SITE PLANIT "DIS- TRICT " LOCAL RETAIL COMMERCIAL DIS- Bef TRICT USES AND in and for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator LIMITED "C-3" GEN- for ERAL COMMERCIAL ished by the Star-Telegram, Inc.at Fort Worth,in Tarrant County, Texas;and who,after being duly sworn,did depose and say DISTRICT USES AS tha DEPICTED ON tHE fan advertisement was published in the ab ye named paper on the Wed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM APPROVED CON- (8 CEPT PLAN AT- TACHED HERETO AND REIN SUBJECT W d_LanA. HI HEREIN AS EX- ,J EX- HIBIT "B", SUBJECT Signed TO THE SPECIFIC REQUIREMENTS SL ORDINANCE IN N TO BEFORE ME, THIS Sunday,July 21,2 MAP; COR- RECTING THE OF- `' biol....icy\ FICIAL ZONING MAP, OTHER Notary Public TIONS OF THE ZONING ORDI- NANCE; DETER- r ...r.... MINING THAT THE PUBLIC INTEREST, .' �... VICKI L.WASON MORALS AND GEN- ERAL WELFARE L.- �; MY COMMISSION EXPIRES Thai ZON- ING CHANGES AND it Payment ' AMENDMENTS AUGUST 28,2004 ——- HEREIN MADE; -a PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- Rem PROVIDING FORS EA gram Customer ID: CIT57 PENALTY FOR VIO- LATIONS HEREOF; _2)1051 Customer Name: CITY OF SOUTHLAKE PROVIDING A SAV- .8[ INGS CLAUSE; l- PUBLICATION FOR RTH,TX 76101-2051 Invoice Number: 216680581 THE OFFICIAL D NEWSPAPER; AND )z PROVIDING AND Invoice Amount: $98.01 EFFECTIVE DATE. ,C SECTION 7. z Any person, firm or 1 PO Number: corporation who vIo- lates,disobeys,omits. I -- - - neglects or refuses to Amount Enclosed: comply with or who I resists the enforce- ment of any of the •- .ans of this or-