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480-686CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-686 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 1, BLOCK A, ZELDA OFFICES, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND TRACT 3A, O.W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.73 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "S -P-2" GENERALIZED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN / 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 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, Ordinance No. 480-686 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the 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 and 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, Ordinance No. 480-686 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably' invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Ordinance No. 480-686 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 described as Lot 1, Block A, Zelda Offices, an addition to the City of Southlake, Tarrant County, Texas, and Tract 3A, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, being approximately 2.73 acres, and more fully and completely described in Exhibit "A" from "0-1" Office District and "Ag" Agricultural District to "S -P-2" Generalized Site Plan District as depicted on the approved site plan / concept plan attached hereto and incorporated herein as Exhibit "B", subject to the following conditions: City Council approval at 1St reading: Approved 1st reading (7-0) noting the applicant's willingness to provide cross access for both drives to the east; also noting the applicant's willingness to remove any of the parking spots to the east on Lot 2 that have not been constructed yet and to replace those parking spots with green space and/or landscaping; also granting the variances for street frontage and stacking depth; and, including the staff report dated February 10, 2015 and the Site Plan Review Summary No. 6, dated February 9, 2015. City Council approval at 2nd reading: Approved 2"d reading (7-0) subject to staff report dated February 25, 2015; nothing the applicant's willingness to ensure all lighting is in accordance with the Lighting Ordinance; approving the requested variances for fronting on a public street and stacking depth; and noting the impervious coverage will reflect the latest site plan. 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. Ordinance No. 480-686 SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Ordinance No. 480-686 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 City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website 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 it 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. Ordinance No. 480-686 PASSED AND APPROVED on the 1st reading the 17th day of February, 2015. MAYOR CITY SECRET, PASSED AND APPROVED on the 2nd reading the 3'd day of March, 2015. VA LAk ATTES zkl [2LC_ CITY SECRETA APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY I ADOPTED:y"rrA EFFECTIVE:a� Ordinance No. 480-686 **t EXHIBIT "A" Being described as Lot 1, Block A, Zelda Offices, an addition to the City of Southlake, Tarrant County, Texas, and Tract 3A, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, being approximately 2.73 acres. OWNER'S DEDICATION STATE OF TEXAS COUNTY OF TARRANT WHEREAS, Zena Rucker is the owner of all that certain 1.822 acres of land, out of the property described in the deed recorded in Volume 12069, Page 1671 in the Deed Records of Tarrant County, Texas, in the O.W. Knight Survey, A-899, in the City of Southlake, Tarrant County, Texas and more particularly described by metes and bounds as follows: (all bearings shown hereon are based on the plat of Lot 1, Block A, Zelda Offices, an addition to the City of Southlake, recorded in Document Number D213159371 in the Plat Records of Tarrant County, Texas); Commencing at a P.K. Nail with a cap stamped "JPHLAND" found for the northeast corner of Lot 9, O.W. Knight No. 899 Addition according to the plat recorded in Cabinet A, Slide 4650, in the Plat Records of Tarrant County, Texas, common to the northwest corner of said Lot 1, Block A, Zelda Offices, in the south right-of-way line of Southlake Boulevard (also known as F.M. 1709, right-of-way varies), then South 01' 03'02" East — 282.64' along the common line of said Lot 1, Block A, Zelda Offices, and Lot 9, O.W. Knight No. 899 Addition to a 1/2" iron rod with a cap stamped "SPRY" found for the southwest corner of said Lot 1, common to the northwest corner of the herein described tract; THENCE North 880 45' 15" East — 138.17' to a 1/2" iron rod with a cap stamped "SPRY" found for the southeast corner of said Lot 1, Block A, Zelda Offices, common to the northeast corner of the herein described tract, in the west line of the tract conveyed to Billy W. Hayes in the deed recorded in Volume 6551, Page 938, in the Deed Records of Tarrant County, Texas; THENCE South 01 ° 14'45" East — 568.99' to a 3/4" iron rod found for the southeast corner of the herein described tract, being in the north line of a tract conveyed to Lester Briscoe described in the deed recorded in Volume 12066, Page 173, un the Deed Records of Tarrant County, Texas; THENCE South 870 31'46" West - 140.15' to a 1/2" iron rod with a cap stamped "LANCON" found for the southwest corner of the herein described tract, in the east line of said Lot 9; THENCE North 01 ° 03' 02" West — 571.99' along the east line of said Lot 9, to the POINT OF BEGINING and containing 1.822 acres of land Ordinance No. 480-686 Wall — Jlarea•w aa�. — � J ---------------- � 5-75-- PLAN _ -- WHIM _T rttrrrrT� I >.�.z y_I_I_ra_ I Irl MmIGA�L p��IFa F14__ •` w++���-+ 6Ytlt U �i i -7 ul nl , ♦ i � lig � 91�+i; ^D t T-v�,r r T T 1Yr • �I I__J - Q� IL 1. ii_I_L L�Zi 1 " z W r VICINITY MAP ! -4r- EN IN IFM Almay iTso anef nuna en rt) CONCEPT / SITE PLAN ZA14-119 MLLIM11l SNA 1•Klta{ rnacr s+ Fill ZELDA OFFICE DEVELOPEMENT _ MWxo ri c^• or swrHLrce wmcr . awr,r°' reou ,Aaunr wAr. loos ,,,ro,, 517E PLAN SM DATA !M1MRY LNAR1 ---------------- � 5-75-- PLAN _ -- WHIM _T rttrrrrT� I >.�.z y_I_I_ra_ I Irl MmIGA�L p��IFa F14__ •` w++���-+ 6Ytlt U �i i -7 ul nl , ♦ i � lig � 91�+i; ^D t T-v�,r r T T 1Yr • �I I__J - Q� IL 1. ii_I_L L�Zi 1 " z W r AlU VICINITY MAP ! -4r- EN IN Almay iTso anef nuna en rt) CONCEPT / SITE PLAN ZA14-119 MLLIM11l SNA 1•Klta{ rnacr s+ Fill ZELDA OFFICE DEVELOPEMENT _ MWxo ri c^• or swrHLrce wmcr . awr,r°' reou ,Aaunr wAr. loos ,,,ro,, 517E PLAN � a11°„ w� G EP / 51TE RAN uTr of 50VT«LAKE 'w6LAKE ARCHITECTS APFROV® 72125. While Chi{{�+eI Nlwl — — MI7�W843V Southla4, Te>.r 7NN2 YJY7 r•esn �� DATE, FEBRU Ib, 2015 •� www.r 1 -:2 AlU CA Q - -- PIP H1 I ( t Pill 1 le ...... _ _— Ordinance No. 480-686 JAk BLAKE ARCHITECTS 1202 S. White Chapel Road Suite A Southlake, Texas 76092 817488-9397 February 17, 2015 City of Southlake Concept / Site Plan and Preliminary Plat (ZA 14-129 & 130) Zelda Office Development Southlake Blvd. Southlake, Texas SP -2 Regulations and Variance Request: All uses and regulations will comply with the 0-1 Office District Zoning requirements with the following exceptions: 1. Impervious coverage: The sum of lots 1, 2 and 3 will not exceed 66% maximum impervious coverage. 2. Parking provided shall be a total of 113 spaces and will be achieved on the sum of lots 1, 2 and 3 as shown on the site plan. An executed driveway easement and shared parking agreement has been submitted to the city. 3. The existing trash receptacle located on Lot 1 will be shared with Lots 2 and 3. 4. The Tree Preservation Ordinance requires that 70% of the existing canopy be preserved. Tree preservation for this site is proposed as 79.7% of existing canopy. 5. Due to maintaining the existing tree line along the eastern property line, the applicant proposes that a fence NOT be placed in that location. 6. Bufferyards shall be provided as required on the sum of lots 1, 2 and 3 as required per 0-1 zoning regulations but each individual lot will not have bufferyards on all four sides due to shared access drive lanes with adjacent properties. Variance request: A Variance is requested to the subdivision ordinance that all lots front on a public street. All lots in this development will front on the main west parking drive (as shown on the site plan) that also serves as the main fire lane. The Driveway Ordinance No. 634, Section 5.2d requires a stacking depth of 75 feet on the south side of Lot 3 from the future right of way dedication that is proposed for Zena Rucker Road. A stacking depth of approximately 45 Meet is proposed (as shown on the site plan). Ordinance No. 480-686 INVOICE Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 NANCE NO. 480, AS AMENDED, CITY O THE COMPREHENSIVE ZONING Legal Notices 1 ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A Passed and approved this the 3rd ZONING CHANGE ON A CERTAIN day of March, 2015 during the TRACT OR TRACTS OF LAND regular City Council meeting. WITHIN THE CITY OF SOUTHLAKE, Mayor: John C. Terrell TEXAS BEING LEGALLYDE- Attest: Lori Payne, City Secretary crDiDcn Ac IAT i 12IAr A OF 10. 899, CITY OF TARRANT COUNTY, =k Customer ID: CIT57 Invoice Number: 333320111 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 3/6/2015 Net due in 21 days 3/31/2015 21500075 33332011 073 CITY OF SOUTHLA 3/6/2015 65 65 LINE $1.20 Net Amount: $78.00 $78.00 2.73 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE G DISTRICT AND "AG" AGRICUL- MAF Ill-'! TURAL DISTRICT TO "S -P-2" GENERALIZED SITE PLAN DIS- TR IS- u K TRICT AS DEPICTED ON THE ?T`�""Y APPROVED SITE L PLAN ATTACHED HERE70 SUZETTE KURAN E 0 ANDICONCEPT fi �� INCORPORATED HEREIN AS EX- My Commission Expim HIBIT "B", SUBJECT TO THE I J>ttl vy 27, 2019 SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON- THE 1 ING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING OR Coun DINANCE, DETERMINING THAT THE -PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND Befor THE ZONING CHANGES AND 'fid County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Teleg AMENDMENTS HEREIN MADE; '3m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the PROVIDING THAT THIS ORDI- i attach NANCE SHALL BE CUMULATIVE las published in the a ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING Signed \ A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFI- SUBS CIAL NEWSPAPER; AND PROVID- RE ME, THIS Friday, M h 2015. ING AN EFFECTIVE DATE. Any person, firm or corporation who violates, disobeys, omits, neglects Notary Public 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. Thank i vu ror r our f"ayment Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 333320111 Invoice Amount: $78.00 PO Number: 21500075 Amount Enclosed: $