Loading...
480-376CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-376 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 BEIlqG LEGALLY DESCRIBED AS LOT 5R7, BLOCK 3, CIMMARRON ACRES, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3321, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING 2.176 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2' LOCAL RETAIL COMMERCIAL DISTRICT TO "O-1" OFFICE DISTRICT 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, othcr 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 ZA01-083 Page I general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail Commercial 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 ZA01-083 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 thc 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 Lot 5R7, Block 3, Cimmarron Acres, an addition to the City of Southlake, ZA01-083 Page 3 Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3321, Plat Records, Tarrant County, Texas, and being 2.176 acres, and more fully and completely described in Exhibit "A" from "C-2" Local Retail Commercial District to "O-1" Office District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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 o['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, scwerage, 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. ZA01-083 Page 4 ZA01-083 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 thc 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, finn 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 Page 5 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 thc 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 /~L day of ~001. -/ ...-' .... ....... .- : '..~. *. ATTEST: % ......... :~ ,,- '"'"""' CItY SEC~TARY APPROVED on the 2nd reading the jif dayo~001. PASSED AND ZA01-083 M YOk ATTEST: OITY SECRETXRY Page 6 APPROVED AS TO FORM AND LEGALITY: ZA01-083 Page 7 EXHIBIT "A" Lot 5R7, Block 3, Cimmarron Acres, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3321, Plat Records, Tarrant County, Texas, and being approximately 2.176 acres. ZA01-083 Page 8 EXHIBIT "B' ,'llh I ZA01-083 Page 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 204898491 FORT WORTH,TX 76102 Invoice Date: 9/7/01 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/01 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 20489849 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/7/01 e i iv> CITY OF SOUTHLAKE,TEXAS NOTIC 13580 1 132 132 LINE $6.08 $802.56 Sales Discount ($698.07) sEpi)v OF E or refuses to N hereby cp tplyawlih or who gMrr to reeiate thseryenfortit r co merit of of a the � or- so provisions shall ba 11ned Net Amount: $104.49 more thas Two hegaring lar �l�y not meeting to 6a held on I ( �-0O) for each Septer>iber 18, 20 11, offense.��hdaythat a violation le psrmHted at 7:00 p m. The to exist anon e consti- 111 tute a separate of- In theg City tense- Chambers of own Sandra L. LeGrand Street, 1400 u�Main City Secretary Texas.Purpose Mine Southlake, Texas hearing will be held - regarding the follow- ing: CITY OF S ORANE SDINCE TEXAS O 480-376 AN ORDINANCE AMENDORDI- NANCE CE NO. 480NG RAS AMENDED, THE COMPREHENSIVE THE STATE C ZONING O ITY NANCE OFTHE CITY County of Ta OF UTHLAKE A ZONI SONG CHANGd E ON A CERTAIN Before me, a TRACT OR TRACTStr said County and State, is ay personally appeared Christy Holland, Bi and Legal Coordinator OF LAND WITHIN for the Star-T THE CITY oFthe Star-Telegram, Inc. For W th, in Tarrant County,Texas; and wh , after being duly swor did deose and S. SOUTHLAKE TEX- p AS BEING LEGALLYipping of an advertisem t s ublished in the above na .e ap he listed dates: DESCRIBED AS LOT MMARRON ACRES THE AD ITIONCITY OF Signed AR- SUBSCRIBED RANTTi1�COUNTY, TEXAS )RE ME,THIS Friday, September 07, 20�1. (��(/(//) LAj9L7Y -' ACCORD- ING THE PLAT A /VI \J`. RECORDED IN CABINET21, A, SLIDE Notary Public u RECORDS, TAR- __._ RANT COUNTY +,,. t VICKI L. WASON TEXAS AND BEING TEXAS, ACRES AND /.�i \ MORE FULLY AND 1 : MY COMMISSION EXPIRES COMPLETELY DE- SCRIBED IN EXHIBIT ' AUGUST 28,2004 „'' A" FROM "C-2" LO- ...,,,,' Thank You CAL RETAIL COM- Thank TO "O-1" OFFICEle11t DISTRICT AS DE- ......—---.............. PICTED ON THE CEPTOVPLLD AN C AN- - TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT 'B" SUBJECT Remit To: TO THE U RD SPECIFIC Customer ID: CIT57 CONTAINED IN THIS ORDINANCE: COR- RECTINGCustomer Name: CITY OF SOUTHLAKE THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- OR-TX 76101-2051 Invoice Number: 204898491 TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE Invoice Amount: $104.49 PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE PO Number: DEMAND THE ZON- ».. ING CHANGES AND HEREIN D M EvNTDE Amount Enclosed: PROVIDING THAT THIS ORDINANCE SHALL BE CUMU LATIVE OF ALl ORDINANCES PROVIDING A SEV ERABILITY CLAUSE PROVIDING FOR / PENALTY FOR VIO LATIONS ,HEREOF INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Sheet Invoice Number: 205440311 FORT WORTH,TX 76102(817)390-7761 Invoice Date: 9/21;'0 g Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/01 Bill To: PO Number CITY OF SOUTHLAKE 1400 MAIN ST prdt r Number: 2054031 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publicn`'can Date: 9/21/?__ < t ;I Leaiian Cr l Iep:'1 .Ll14 t�„x' �.d �'xte Auto t CITY OF SOUTHLAKE,TEXAS CITY I3 5 SO I !2 4 >4 I •I F e.r ;I.; $753.92 Sales Discount ($653.48) CITY OF SOU1H- LAKE TEXAS - CITY OF SOUTH- LAKE, '_ TEXAS FORM: E. ALLEN ORDINANCE NO. TAYLOR JR., CITY 480-376 ATTORNEY ! - $100.44 AN ORDINANCE 1,, . 1. ,tikfilt: I- AMENDING NO. 480RAS COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY 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 587, I- MMARRON ACRES, AN ADDITION TO I THE CITY OF SOUTHLAKE TAR- RANT COUNTY, TEXAS,_ ACCORD- !HEI ING TO THE PLAT RECORDED IN COU1 CABINET A, SLIDE RECORDS, TAR Bef. RANT COUNTY„ TEXAS, AND BEING. in and for said County and State,t ' ay personally appeared Christy Holland, Bid and Legal Coordinator for t MOREAFULLSI/ AND fished by the Star-Telegram, Inc. a or W rth, in Tarrant County,Texas; d who, after being duly sworn,did dep. COMPLETELY DE-tached clipping of an advertisem t s ublished in the above rtQmed er on the listed date SCRIBED IN EXHIBIT' (/J(�/' A" FROM "C-2" LO- CAL RETAIL COM- MERCIAL DISTRICT Signed • DISTRICT AOSFFDE SUB APDNCPROVE ON J TO BEFORE ME,THIS Monday, September2,e& , 20 CEP �/� C/ i TACHED HERETO /� ANDREINSEX- \\ INCORPORAT- ED BITEB",HEREIN CT Notary Public - TO THE SPECIFIC REQUIREMENTS VICKI L.WASON Ic��" • CONTAINED IN THIS .'-> ORDINANCE; COR- !� RECTING THE OF- 1 MY COMMISSION EXPIRES FICIAL ZONING i‘ 4..'MAP; PRESERVING " AUGUST 28,2004 ALL OTHER POR- D Th ZONIN OFDEOT RTIONS E• 1 ayment MINING THAT THE PUBLICINTEREST, ........._...................._................... ........... .._.......-_._. .,,,,,................-._................._.....................-..-..,... N- L MORALS WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT Remit THIS ORDINANCE ram Customer ID: CIT57 SHALL BE CUMU- LATIVE N AON C E St;)0105 1 Customer Name: CITY OF SOUTHLAKE PROVIDING A SEV- ERABILITY CLAUSE:PROVIDING FOR A)RTH TX 76101-2051 Invoice Number: 205440311 PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- FIOVIDING LAFOr, Invoice Amount: $100.44 PUBLICATION IN PO Number: THE OFFICIAL NEWSPAPER AND ,,..» N«: ,,... „„ . „..:::: . «: »:.., ,. v,. .. PROVIDING AN EF- FECTIVE DATE. Amount Enclosed: SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions o; this R or- (52,OOu.uvl that offense.Each day a violation is permitted to exist shall separates of- fense. AND AP- PASSED PROVED BY THE THECOUNCILI OF SOUTHLAKE TEX- AS ON THIS THE TEMBER, 2001.SEP- ATATESRT RSANDRACY L. LEGRAND CITY SECRETARY APPROVED AS TO +