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480-231Bc.Y SO, T.LA, , OFFICIAL RECORD ORDINANCE NO. 480-231b 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, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED 1N 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 21 l of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinauce and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan: and WHEREAS, the hereinafter described property is currently zoned as "S-P-l" 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 Page 1 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 SmTounding 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 ~nost 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 Page 2 health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and ihcilitates 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 them 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, 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-I" 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 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, Page 3 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 heating with reasonable consideration mnong 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 appropriale use of land throughout the com~nunity. 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 Page 4 ol' the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The Cily 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 heating 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 (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 fnll force and effect from and after its passage and publication as required Page 5 · by la~, and it is so ordained. PASSED AND APPROVED on the 1st reading the l0th day of August, 2003. MAYOR ATTEST: CITY SECRETAI~Y PASSED AND APPROVED on the 2"d reading the 2na day of September, 2003. MAYOR'~ AP~[ ,,'f-r'~ ~ ~T! FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED:__ EFFECTIVE:_ ATTEST: CITY SECRETARY Page 6 EXHIBIT "A" Being 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 7 EXHIBIT "B" Page 8 Amendment to the "S-P-1" Zoning Medical Air Se~Mces Association Permitted Uses This property shall be limited to the permitted uses previously approved by the City Council on May 6, 1997 and February 4~ 2003 Development Regulations This property shall be subject to the previously approved development regulations as approved by the City Council on May 6, 1997 and February 4, 2003, and all other applicable regulations with the following exceptions: There shall be a side building line no less than 13', 5" from the west property line in lieu of the 25' building line approved by City Council on May 6, 1997. Page 9 EXHIBIT "C' City of Southlake CITY COUNCIL MEETING MINUTES September 2, 2003 Motion was tnade to approve Ordinance No. 480-23 lb (ZA03-033) 2nd Reading, subject to Site Plan Review Summary No. 4, dated August 1, 2003. Motion: Second: Ayes: Nays: Approved: Potter Standerfer Morris, Standerfer, Potter, Evans, Shankland, Wambsganss None 6-0 (Stephen was out of the room) Page 10 SITE PLAN REVIEW SUMMARY Case No.: ZA03-033 Review No.: Four Date of Review: 08/01/03. Project Name: Rezoning/Site Plan - Professional Office Building (Medical Air Service Assoc.) APPLICANT: Medical Air Service Assoc. Tim Green 1250 W. Southlake Blvd Southlake, TX 76092 Phone: (817) 430-4655 Fax: (817) 251-0613 ARCHITECT: Phone: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/21/03 AND OI~I~ERS THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE C1TY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED CLARIFICATION, CONTACT DENNIS KILLOUGH AT (817) 481-2073 OR BEN BRYNER AT (817) 481-2086. General Development Standards Applies Comments Con'idor Overlay Regulations Y Complies Residential Adjacency Y Proposing a side setback of 13' - 5" along west property line Building Articulation Y Complies Masonry Standards Y Complies hnper~'ious Coverage Y Complies Buffeo'ards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Must comply with Outdoor Lighting Ordinance No. 693-B * We find the applicant has met all the requirements of our previous reviews. INFORMATIONAL COMMENTS The proposed site does not exceed the maximum permitted impervious coverage of 65% for the "O- 1" Zoning District. The impervious coverage area percentage of this site is approximately 61%. The applicant should be aware that prior to issuance of a building permit 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 tnay include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Page 11 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 231078341 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 8/21/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23107834 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/21/03 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTF'T "T'ci ry OF I3580 1 122 122 LINE $0.00 $0.00 SOUTHLAKE is herby given the C Council of Sales Discount to$site of Southlake, ($421.18) ublic hearing will be held on September 2, Misc Fee 2003, at 8:00 p.m. or $520.00 immediately following the Work Session, during the Regular City Council Meeting to be held In the City -- Council Chambers of Town Hall,1400 Main Street, Southlake, Net Amount:__. .82 Texas.Purpose of the public hearing is to consider the second reading of the fol- � lowing ordinance: ORDINANCE NO. 480-231 b AN ORDINANCE ��� AMENDING ORDI- NANCE NO. 480 AS COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY Tof EXAS;SOGRANTINEU, A ZONING CHANGE OFFICE OF CITY SECRETARY ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE STATE OF T THE CITY OF SOUTHLAKE TEX- County of Tan-ant AS BEING LEGALLY DESCRIBED AS LOT NO 522 ADDITION Before me,a Notar BEING 1.344 ACRES County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator RE FLLY for the Star-Telegra AND COMPLETELY r-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached cl HEBIT"A EFROM ES-!nt was published\OR 0 THE INTERNET In the above named paper on the listed dates: BIDS 8t LEGAL DEPT. STAR TLEC P�rDETAILED SITE DIS- (817) 390-7572 TRICTWITH LIMITED "0-1 OFFICE DIS- TRICT USES TO "S- P- DETAILED SITE WITH LIMITED "O-1' g OFFICE DISTRICT SUBSCRIBED AND EDESoN ASTHEPIAP- NE, THIS Thursday,August 28, 003, - PROVED SITE PLAN .. tki, ATTACHED HERETO ^ ^( AND INCORPORAT- (\},`-�/J) ED HEREIN AS EX- Notary HIBIT "B", SUBJECT Public _ _ TO THE SPECIFIC ,;v-t,4 REQUIREMENTS 'o��', ��; VICKI �. WASON CONTAINED IN THIS s 1, ORDINANCE; COR- I MY COMMISSION EXPIRES Thank You Foi RECTING THE OF- ., FICIAL ZONING it MAP; PRESERVING ''?a„.,„ AUGUST 28,2004 ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- Reml•t To: Star DEMAND T WELFARE Customer ID: CIT57 ING CHANGES AND P.O. ERI AMENDMENTS M PROVIDING THAT Customer Name: CITY OF SOUTHLAKE THIS ORDINANCE FOR STAVE BOFCUM- 76101-2051 Invoice Number: 231078341 ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; Invoice Amount: $98.82 PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE PROVIDING FOR Amount Enclosed: $ BLICATIOTHE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits, INVOICE Star-Telegram Customer ID: C1TT57 400 W.7th Street Invoice Number: 231684971 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/5/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23168497 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/5/03 ! � - t tar ° a a g 'V i f.s24, 1 a I � ?„ &v �� ra CITY OF SOUTHLAKE OR so rre OF E 3580 1 110 110 LINE $0.00 ORDINANCE NO. 480-231 b Misc Fee AMENDING INORDI- $89.10 NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF HLAKE, TEXAS;OUT $89.10 A ZONING CHANGE Net Amount: 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 AS DEPICT- THE STATE OF TEXAS ED ON THE AP- PROVED SITE PLAN County of Tarrant ATTACHED HERETO AND INCORPORAT- ED HEREIN AS Before me,a Notary Public it TO EX- HIBIT THE SPECIFIC a State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator Tele ram REQUIREMENTS for the Star-Telegram,,publish ORDINANCE INCOR , Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the attached clipping of: RECTING THE o, lished in the above named paper on the listed dates: BIDS 8I LEGAIrS DEPT. STAR TELEGRAM (817) 390-7182. FICIAL ZONnu MAP; PRESE 1 ALL OTHER RPOR- TIONS OF THEi ZONING ORDI- 11 ned NANCE; DETER- g MINING THAT THE PUBLIC INTEREST, SUBSCRIBED AND SWORN ERAS Ls AwNELFAR= S Tuesday, Sep m r 2003. DEMAND THE T S J)C/LtOJI/ui ING CHANGES AND AMENDMENTS PROVIDING MTHAT Notary Public THIS ORDINANCE SHALL BE CUMU-I LATIVE OF ALL ORDINANCES; / , \O� CHRISTYL.HOLLAND You For You PROVIDING A SEV- Thank 'w1) MY COMMISSION EXPIRES EitIMMTY CLAUSE; �; PROVIDING FOR A PENALTY FOR VIO- ULY LATIONS HEREOF; _ I.2QII4 PROVIDING A SAV- INGS CLAUSE, FOrR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND Remit To: Star-Tele€ FEO ECTIONT7 VIDING AN EF- Customer ID: CIT57 P.O. Box l corporat on'Who vioor Customer Name: CITY OF SOUTHLAKE lates,disobeys,omits, FORT W( neglects or r or Wno 1-2051 Invoice Number: 231684971 resists the enforce- ment of any of the provisions of this or- Invoice Amount: $89.10 dinance shall be fined not more than Two Thousand Dollars PO Number: ($2,000.00) for each offense.Each day that a violation is permitted i Amount Enclosed: to exist shall consti- tute a separate of- fense. PASSED AND AP- PROVED THIS THE 2ND DAY OF SEP- TEMBER, 2003, DURING THE REG- ULAR CITY FF IYt;COUN-