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480-231ACITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-231a 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 4, A.A. FREEMAN NO. 522 ADDITION, BEING 1.344 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-I" DETAILED SITE PLAN DISTRICTWITH LIMITED "O-1" OFFICE DISTRICT USES TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH LIMITED "O-1" OFFICE DISTRICT USES TO INCLUDE AN ACCESSORY BUILDING FOR DOCUMENT STORAGE, 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 lo 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 "S-P-1" Detailed Site Plan District with limited "O-1" Office District uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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, WItEREAS~ 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 them 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 Lot 4, A.A. Freeman No. 522 Addition, an addition to the City of Southlake, Page 3 Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3676, Plat Records, Tarrant County, Texas, and being approximately 1.344 acres, and more fully and completely described in Exhibit "A" from "S-P-l" Detailed Site Plan District with limited "O-1" Office District uses to "S-P-1" Detailed Site Plan District with limited "O-1" Office District uses to include an accessory building for document storage 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 fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (l 0) 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 fome 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 21st day of January, 2003. I~d~OR ATTEST: Page 6 PASSED AND APPROVED on the 2nd reading the 4th day of February, 2003. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATFORNEY DATE: 3 ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Lot 4, A.A. Freeman No. 522 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3676, Plat Records, Tarrant County, Texas, and being approximately 1.344 acres. Page 8 EXHIBIT "B" Page 9 City of Southlake PhmnJng Department January 16, 2003 Re: Medical Air Services Assoc, Amendment to the Previously Approved Uses and Development Regulations for "$-P4" Zoning Permitted Uses This property shall be limited Io the permitted uses previously approved by the City Council on May 6, 1997 Developmem Regulations This property shall be subject to the previously approved development regulations as approved by City Council on May 6, 1997, m~d all other applicable re~lations with the following exceptions~ 1. There shall be a rem' building line no less than 25' from the rear property tlne in lieu of the 40' sethack and 4:1 slope as required by the Residential Overlay Zone for the proposed storaae building. Phillip Mason - Kirk Bond Construction BOX 720005 Dallas, TX 75372 . Office 214/ 821-4315 . Fax 214/ 824-5616 . www. kirk-bond corn REC'D JAN i 6 003 Page 10 EXHIBIT "C" City of Southlake CITY COUNCIL MEETING February 4, 2003 Motion was ~nade to approve Ordinance No. 480-231a, 2"a Reading, subject to Revised Site Plan Review Summary No. 3, dated January 17, 2003. Motion: Second: Ayes: Nays: Approved: Potter Shankland Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy None 7-0 Page 11 SITE PLAN REVIEW SUMMARY Case No.: ZA02-094 Revised Review No.: Three Date of Review: 01/17/03 Project Name: Site Plan - Professional Office Building (Medical Air Service Assoc.) APPLICANT: Medical Air Service Assoc. Tim Groen 1250 W. Southlake Blvd Southlake, TX 76092 Phone: (817) 430-4655 Fax: (817) 251-0613 ARCHITECT: Kirk-Bond Construction Phillip Mason, President 5119 Willis Ave. Dallas, TX 75206 Phone: (214) 821-4315 Fax: (214) 824-5616 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECE1VED BY THE CITY ON 12/23/02 AND WE OFFER 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 Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y See Comment #la Building Articulation Y Complies Masonry Standards Y Complies hnpervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Must comply with Lighting Ordinance No 693-B The following items refer to the "S-P-l" site plan district zoning: a) A minimum 40' building setback is required from the rear (north) property line for the proposed record storage building. The applicant requests a minimum 25' building setback line from the rear (north) property line. The following changes are needed with regards to labeling: a) Label the 5' U.E. along the north property boundary, the 10' U.E. along the east property boundary and the 10' U.E. along the south property boundary. b) Delineate the fire lanes with dashed lines and/or shading on the site plan. Page 12 c) Correct the open space area and percentage on the Site Plan. The open space should be 39% based on the total impervious coverage calculation of 61%. INFORMATIONAL COMMENTS: Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Page 13 • , INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 223258631 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/19/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22325863 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 1/19/03 Description Location Col Depth Linage MU Rate Amount NI NOTICE OF PUBLIC hearing is to consider A M t iv u ivt MADE' $914.61 THAT I I29 129 LINE $7.09 Notice hereby�sEG given the second reading of PROVIDIIS NG THAT g the following ordi- THOVIDING by the City Council of Dance: the City of Southlake, CITY OF SOUTH- SHALL BE CU ALL LATIVE OF ($741.75) SO Texas, that a public LAKE, TEXAS hearing will be held ORDINANCE NO.48.0- PROVIDING ID NGNA SEV- on February 4, 2003, 231a at 6:00 p.m. or im- AN ORDINANCE ERABILITY CLAUSE; mediately following AMENDING ORDI- PROVIDING FOR A the Work Session, NANCE NO. 480 AS PENALTY FOR VIO- during the Regular AMENDED. THE LATIONS HEREOF; City Council Meeting COMPREHENSIVE PROVIDING SAV- Net Amount• ($1,310.64) to be held in the City ZONING ORDI- FOR Council Chambers of NANCE OF THE CITY PUBLICATION PROVIDING AT ON IN Town Hall, 1400 Main OF SOUTHLAKE, OFFICIAL Street, Southlake, TEXAS- GRANTING THE Texas. A ZONING CHANGE NEWSPAPER AND p public ON A CERTAIN PROVIDING AN EF- Purpose of the FECTIVE DATE. OF LANDOR WITHIN SECTION 7. THE OF WITHIN person, firm or SOF Anyp r �r,1 �1 AS BEING TEX- c!ales, Bison who vt R Ili} J AS BEING LEGALLY lates,disobeys,omits, ED DESCRIBED AS LOT neglects or refuses to 4, A.A. FREEMAN comply with or who NO. 522 ADDITION, resists the yenforce- AND 1.34E ACRES provisions mnt of aof th s ot tore- FEB AND MORE FULLY diE DNS COMPLETELY nota morenthan fined DESCRIBED IN EX-"S- P-1"DETAILED SITE $2 Thousand 00 00) for each PLAN DIS- offense.Each day that TRICTWITH LIMITED tovlexalto shallecons d OFFICE OF CITY SECRETARY O-1" OFFICE DIS- TRICT USES TO "S- tute a separate of- THE STATE OF TEXAS PLAN DETAILEDDISRICSITT City of Southlake County of Tarrant WITH LIMITED "O-1' Lon Farwell OFFICE DISTRICT City Secretary USES TO INCLUDE AN ACCESSORY Before me,a Notary Public BUILDING FOR and Stateg DOCUMENT STOR- ,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star Telegram, pub AGE AS DEPICTED am Inc.at Fort Worth in Tarrant County,Texas;and who, after beingdulysworn, did de ose and say THE APPROVED r r p that the attached clipping I SITE PLAN AT- published in the above named paper on the listed dates: BIDS&LEGALS DEPT. STAR TELEGRAM TACHED HERETO AND INCORPORAT- icwx (817) 390-7182. ED HRIN AS EX- Jf�� '\R EQ , SUBJECTTO THE SPECIFICJ\V\ V11 J1 REQUIREMENTS Signed CONTAINED IN THIS ORDINANCE; COR- SUBSCRIBED AND SWOR FfCIAL G TZONING IS Monday, Febru ry 3,2003. MAP; PRESERVING ALL OTHER POR- TIONS LILT �� OF THE ZONING ORDI- Notary Public NANCE; DETER- . . ) MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ;� •°^ CHRISTY L.HOLLAND ING CHANGES AND , ,�r° Thank You For You _ �.,i uL I II. MY COMMISSION EXPIRES _r Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 223258631 Invoice Amount: ($1,310.64) PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: I12009/223941091 FORT WORTH,TX 76102 (817)390-7761 Invoice Date 2/9/03 Federal Tax ID 22-3148254 Terms: DUE UPON RECEPT Due Date: 02/28/03 Bill To: CITY OF SOUTHLAKE PO Number 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Sales Rep: 073 Description ORDINANCE AD Publication Dates: 2/7—2/9/03 Descripti CITY OF SOUTHLAKE, TEXAS Location Col Depth Linage MU Rate Amount ORDINANCE NO. 480-231.a AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE CITY OF SC NOANIN OFTHEOCRDI- ITTY 13580 1 X 113 113 LINE 250.73 $91.53 OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS LOT 4, A.A. FREEMAN NO. 522 ADDITION, BEING 1.344 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT "A" FROM "S- P-1" DETAILED SITE PLAN DIS- TRICTWITH LIMITED "0-1" OFFICE DIS- TRICT USES TO "S- P-1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES TO INCLUDE AN ACCESSORY BUILDING FOR DOCUMENT STOR- I ONETHESAPPROVED • SITE PLAN AT- THESTATE � TACHED HERETO AND INCORPORAT- County of Ta EX- HIBIT EB", SUBJECT TO THE SPECIFIC REQUIREMENTS Before me,a CONTAINED INCORS aid County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star-T RFICIALTING TE F- ZONING e Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attac MAP;OTHER PRESERVOR- ING Isement was published in the above named paper on the listed dates: BIDS 8T LEGALS DEPT. STAR TELEGRAM (817) 390-7 TIONS OF THE ZONING ORDI- NANCE; DETER- \ \ MINING THAT THE \\('\\J\ PUBLIC INTEREST, Signed MORALS AND GEN- ERAL WELFARE SUBSCRIBED DEMAND THE ZON- ING CHANGES AND RE ME, THIS Tuesday, Se, e b: 23,2003. AMENDMENTS • HEREIN MADE' PROVIDING THATNCE 1 `' / )THIS ORDINANCE Notary Public f SHALL BE ALL CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A ,o;"4'" CHRISTY L.HOLLAND PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV i MY COMMISSION EXPIRES INGS CLAUSE; PROVIDING FOR ^' ar $ JULY 31,2004 PUBLICATION IN THE OFFICIAL Remit To: NEWSPAPER,- NAEF Customer ID CIT57 FECTIVE DATE. SECTION 7. 1 Customer Name: . CITY OF SOUTHLAKE Any person, firm or cla es, on who Rio TX 76101-2051 Invoice Number: 112009/223941091 fates,disobeys,omits, neglects or refuses to comply withenforce-or who resists theInvoice Amount: $ 91.53 ment of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each PO Number offense.Each day that violationh permitted Amount Enclosed: $ to exist shall consti- Amount Enclosed: $ tute a separate of- fense. PASSED AND AP- PROVED THIS THE 4th DAY OF FEB- RUARY 2003 DUR- ING TIDE REGULAR CITY COUNCIL MEETING. • MAYOR: Rick Stacy ATTEST: Lori Farwell, City Secretary