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480-435 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-435 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 4D AND A PORTION OF TRACT 1F, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581; AND BEING APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -1" NEIGHBORHOOD COMMERCIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -1" NEIGHBORHOOD 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 WHEREAS, the hereinafter described property is currently zoned as "C -1" Neighborhood Page 1 Commercial District and "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 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 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 Page 2 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: Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, being approximately 1.42 acres, and more fully and completely described in Exhibit "A" from "C -1" Neighborhood Commercial District and "AG" Agricultural District to "S -P -1" Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: 1. Limiting the floor area of the building to 2,800 square feet; Page 3 2. Restricting the use to a restaurant only; 3. No building articulation shall be required; 4. Noting for the public record that the applicant agrees to limit the regular hours of operation to 10 p.m. and the total percentage of alcohol sold to 20% of the total sales of the restaurant use; 5. Front Yard shall be no less than 10 feet from the right -of -way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance; 6. Accepting the applicant's agreement to immediately pave parking area located on the back of the property (west side of the building) shown on the site plan hereto attached as Exhibit `B "; 7. Limiting the impervious coverage on the site to 62 %; 8. Removing three parking spaces at the northeast portion of the property as shown on the site plan hereto attached as Exhibit "B "; 9. Bufferyards shall not be required; 10. The screening requirements of Ordinance No. 480, Section 39 shall apply as follows: a. Deferring the perimeter screening device along the north, west, and south property lines until a change in zoning occurs on those adjacent properties; b. Requiring screening immediately south of the parking lot as shown on the site plan hereto attached as Exhibit `B "; c. Requiring a planter bed between the two southern parking lots near the southwest corner of the building as shown on the site plan hereto attached as Exhibit "B "; d. Requiring maintenance of the screening and planter bed in perpetuity; e. Accepting the applicant's offer to add screening to the south wall of the building and dumpster enclosure; f. Move the dumpster enclosure doors to the west and replace the existing wooden doors to the dumpster enclosure with metal doors; g. Requiring evergreen, perpetually- maintained screening wherever designated; 11. Any existing non - conforming conditions not specifically addressed by the this "S- Page 4 P -1" zoning district shall be permitted to remain under the conditions prescribed in Ordinance No. 480, Section 6, as amended, "Non- conforming Uses "; 12. The following requirements apply to the site plan hereto attached as Exhibit "B ": a. Show and label the existing roadway, the width and type of surface material and the height and type of fences along the outer perimeter of the property; b. Show and label all properties within 200' of this boundary with the name, zoning and land use designation. 3 properties to the north are missing; c. Include or change the following items in the site data summary: 1. Floor Area (Area measured within the interior walls excluding any mechanical rooms) Total — 2416 sq. ft. Restaurant Use - 2253 sq. ft. Office Use - 163 sq. ft. 2. Change the impervious coverage and open space calculations to be based on net lot area. The impervious coverage percentage of the net lot area is approximately 62% and the open space is approximately 38 %. 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 Page 5 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. 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 Page 6 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 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 (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 20 day of April, 2004. A. A MAYOR ATTEST: ,•`` ;: ttttt e CITY SECRETARY ...... ....... Page 7 PASSED AND APPROVED on the 2nd reading the 4 day of May, 2004. ! / MAYOR ATTEST: / 4 5.. • •... ... ,, � F , ,. CITY SECRETARY = >- •• • v . APPROVED AS TO FORM AND LEGALITY: * ** r CITY ATTORNEY DATE: O - I ADOPTED: 5 ZOl`J� EFFECTIVE: 5.1. 2004 Page 8 EXHIBIT "A" Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron found at the northwest corner of the herein described tract, said point being the most northerly northeast corner of Lot 5, H. Granberry No. 581 Addition, as shown on a plat recorded in Cabinet A, Slide 1976, Plat Records, Tarrant County, Texas, (PRTCT), said point also being in the south line of Lake Crest Addition to the City of Southlake as shown on a plat recorded in Cabinet A, Slide 1541, PRTCT; THENCE S. 89 °-22'-39" E. 774.06 feet to the Point of Beginning; THENCE S. 89 °-22'-39" E. 135.26 feet; THENCE N. 86 °- 42'-39" E. 176.83 feet; THENCE S. 36 °- 40'-06" W. 75.24 feet; THENCE S. 29 °-13'-12" W. 74.80 feet; THENCE S. 21 °-40'-50" W. 75.04 feet; THENCE S. 14 °-30'-37" W. 65.53 feet; THENCE S. 87 ° - 14" W. 54.49 feet; THENCE S. 00 °- 48' -00" W. 22.23 feet; THENCE S. 89 °-46' W. 129.98 feet; THENCE N. 00 °-38'-11" W. 274.12 feet to the Point of Beginning and containing 1.422 acres, more or less. Page 9 ‘ . • EXHIBIT "B" 0 , ; Is 9 1 , "P. z ::. - L. - ::,-. - •-- :..-„ , _ „ , •7 7 . ., c... • ; ,--. : : .-: •,- , E '‘, . ■ '-' t z ,, Z ."g , ,... . ,----: 4 'D;5&•: Cr- •X 0 0 ' ...." ,..: c '''',,,?..,.; ., •.`, , E . 0 - 9,1:4',',. Z :‘,....,•:;',.L: 1 ,c --., :-...,:, --'zz=, • ' '•'.: :', ;1 • : t '. ...,,i, e.. z<0....E .0 ... .•: ,..., 4 ▪ 44, • '...., ,, F.F; ■ ,..-, -, .,..T.: ■‘'''iii c. ' , ,..,, ; CZ 1 .3.; \ \ = '"' -•.:. ., z ,....0 •-: <0 I '-' '- < .,t'' 3\ Z''' x . , .'; 1 ...' '< 1 ! , . 0 ■••=. ' t.1" '-' FIT: • agl e 13 d il H AI Hifi 0 S , • :::: :"<„ 1-- - - - '''M''ffl' . - 4-21 -- 29 ::••• . • '''''' ' '■..' '''. !3! :" . ,T, 4 .......„ "..g : ''''' 4Z ' .!." • F'4474W — -----1 ' 17 ' 1 2 "!: iiij11 :: 1. iHi1M1 \ S . --.., .7, k, ' ' L■j.,.'. it i'',,,,:va. , — .,. a. g.,aggan g 1 . .'.." . a i a , • 7 .,,,,- ,,,,_'__-.!.. •.!.. 4 -,,, -.....„ Ir. '4z,? F \-„,•------4 = .... • , •,,... - ' ,, N ., ,,-.. < :45 Page 10 INVOICE a Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 241068811 FORT WORTH,TX 76102 (817)390 7761 - Invoice Date: 05/07/2004 Federal Tax ID 22-3148254. Terms: Net due in 21 days Due Date: 05/31/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24106881 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 ORDINANCE NO. 480-435 Description: CITY OF SOUTHLA AN ORDINANCE P AMENDING ORDI- NANCEE NDO. 480_AS Publication Date: 05/07/2004 Attn: D.EVANS . COMPREHENSIVE ZONING ORDI- Descrl tion NANCEOF THE CITY, 'OI De th Linage MU Rate Amount p TEXAS SOUTHLAKE,I p A ZONING CHANGE CITY OF SOUTHLAKE ORDINANCE NO OTTRACT ER OR TRACTS 1 116 116 LINE $0.81 $93.96 TTHE LA CIT WITHIN OF SOUTHLAKE BEING DESCRIBED AS TRACT 4D AND A $93.96 PORTION OF TRACT Net Amount: 1F, SITUATED IN THE H.GRANBERRY SURVEY, AB- STRACT NO. 581; AND BEING AP- PROXIMATELY 1.42 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "C-1" NEIGHBORHOOD COMMERCIAL DIS- TRICT AND "AG" AGRICULTURAL DISTRICT TO"S-P-1" DETAILED SITE PLAN DISTRICT WITH "C-1" NEIGH- BORHOOD COM- MERCIAL DISTRICT - - USEDESON STHEPIAPT- �ti 1/ CHRISTY L.HOLLAND PROVED SITE PLAN S+ ' ATTACHED HERETO I• f MY COMMISSION EXPIRES AND INCORPORAT- ED HEREIN AS EX- '. e „' JULY 31,2004 HIBIT "B", SUBJECT TO THE SPECIFIC 106041" - rt.vw-J,. THE STATE OF TEXAS REQUIREMENTS ORDINAANCE�N County of Tarrant COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING Before me, a Notary Public in and for said Cou ALL OTHER OF POE rsonally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Te ZONING ORDI- h, in Tarr. t County, Texas;and who, ter being duly sworn,did depose and say DETER- that the attached clipping of art advertisement N MIINING THAT THE �n med .a•er on the listed tes: BI 8L LEGAL DEPT. STAR TLEGRAM pp gPUBLIC INTEREST, (817) 390-7320 MORALS AND /DEMAND THE ZON- ING CHANGES AND / AMENDMENTS dr HEREIN MADE; PROVIDING THAT / SUBSCRIBED AND SWORN TO BEFORE ME, SHALL BEDI CUMU 3,2004. LATIVE OF ALL / ----"j ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE• PROVIDING FOR ThankPUBLICATION IN T You For Your Payment HE OFFICIAL NEWSPAPER,' AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who Remit To: Star-Telegram resists the enforce- Customer ID: CIT57 ment of any of the P.O. Box 901051 provisions shall be fined Customer Name: CITY OF SOUTHLAKE not more than Two FORT WORTH, TX (Thousand 2 000 0) for Dollarsa Invoice Number: 241068811 offense.Each day that a violation is permitted 6�93.9 to exist shall consti- Invoice Amount: 7 7 tute a separate of- fense. PASSED AND AP- PO Number: PROVED THIS THE 4th DAY OF MAY REGULA2004, R DURING CITY Amount Enclosed. $ COUNCIL MEETING. .. MAYOR: Andy Wambsganss ATTEST: Lori Farwell, City Secretary INVOICE Fruit Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 240428451 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 04/21/2004 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 04/30/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24042845 STE 440 the Regular City Sales Rep: 073 Council meeting to be SOUTHLAKE, TX 76092-7604 Coud ncil ChambersC iof Town Hall,1400 Main Description: CITY OF SOUTHLA Street, .,outhlake, Texas.Phearing isf tto Publication Date: 04/21/2004 public hearing to consider the second reading of the fol I - lowin ordinance: r' Description ORDgiNANCE No. COI Depth Linage MU Rate Amount 480-435 AN ORDINANCE AMENDING OR A 1 1,1) 129 LINE $0.81 $104.49 CITY OF SOUTHLAKE Notice is he NANCE NO. 480 AS AMENDED, 'THE CITY OF SOUTH- COMPREHENSIVE LAKE ZONING ORDI- Notice is hereby given NANCE OF THE CITY by the City Council of OF SOUTHLAKE the City of Southlak4. TEXAS' GRANTING Texas, that a public A ZONING CHANGE ' 'hearing will be held ON A CERTAIN Net Amount: $104.49 on May 4, 2004, at TRACT OR TRACTS 6:00 p.m. or immedl- OF LAND WITHIN , atel following the THE CITY OF Work Session, during SOUTHLAKE TEX- AS BEING LEGALLY . DESCRIBED AS TRACT 4D AND A PORTION OF TRACT 1 F SITUATED IN THE H.GRANBERRY SURVEY, AB- STRACT NO. 581; AND BEING AP- PROXIMATELY 1.42 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "C-1' NEIGHBORHOOD COMMERCIAL DIS- TRICT AND "AG" AGRICULTURAL r�r" CHRISTY L.HOLLAND DISTRICT TO"S-P-1" 4o>� '[4 DETAILED SITE PLAN DISTRICT if ;1( MY COMMISSION EXPIRES WITH "C-1" NEIGH- [[[VVVBORHOOD COM- *, 1,. ,J JULY 31,2004 ERIT THE STATE OF TEXAS USES I ASDDE ICT- ED ON THE AP- County of Tarrant PROVED SITE PLAN ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- Before me,a Notary Public in and for said Counr, HIBIT "B", SUBJECT sonally a•seared Lisa Wesselman, Bid and Legal Coordinator TO THE SPECIFIC for the Star-Telegram, published by the Star-Telex REQUIREMENTS', I Ta • t County Texas; an who, after being duly sworn,did depose and say CNTAINE THIS that the attached clipping of an advertisement was ORDINANCE INCOR- n. ed ...er on t listed da BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) 390-7320 RECTING THE OF- FICIAL ZONING MAP; PRESERVING / ALL OTHER POR- !1 TIONS OF THE Iff ZONING ORDI- NANCE; DETER- MINISUBSCRIBED AND SWORN TO BEFORE ME, ' PUBLIC INTEREST,,, 2004. MORALS AND GEN • - ERAL WELFARE amej DEMAND THE ZON- ING CHANGES AND - AMENDMENTS _ _ PROVIREN DING MTHDA'T` II SHALL BEDI ORDINANCE CUMU- LATIVE OF ALL Thank You For Your Payment PROVIDINGNA SEV- ERABILITY CLAUSE; ._-__-..____..__-- l- PROVIDING FOR A _. _._ _ e PENALTY FOR VIO- .-._-_.__. �_ d LATIONS HEREOF; if PROVIDING A SAV- ) PROVIDING CLA FOR _ PUBLICATION IN THE OFFICIAL Customer ID: CIT57 Remit To: Star-Telegram NEWSPAPER; AND PROVIDING AN EF- P.O. Box 901051 FECSECTIOON7. Customer Name: CITY OF SOUTHLAKE Any person, firm or FORT WORTH, TX 7( Iac es,Bison who Invoice Number: 240428451 lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- Invoice Amount: $104.49 ment of any of the provisions of this or- dinance shall be fined PO Number: not more than Two Thousand Dollars n . for each Amount Enclosed: offense. Ea Each day that a violation is permitted . ., _ .... to exist shall consti- tute a separate of- fense. City of Southlake Lori Farwell City Secretary