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480-407CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-407 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 TRACTS 1, 2, &3, AKARD ADDITION AND TRACTS 3C2 & 3C2A SITUATED IN THE W. R. EAVES SURVEY, ABSTRACT NO. 500, AND BEING APPROXIMATELY 5.855 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT USES 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, 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 "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 irarnediate 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 Page 2 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 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 Tracts 1,2, &3, Akard Addition, an addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in Volume 388-42, Page 100, Plat Records, Tarrant County, Texas, and Tracts 3C2 & 3C2A situated in the W. R. Eaves Page 3 Survey, Abstract No. 500, and being approximately 5.855 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with "O-1" Office District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and auached 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 heroin 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 heroin 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 Page 4 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 enlbrcement 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 pernfitted 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. Page 5 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 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 the City Secretary shall additionally publish this ordinance in the official City newspaper one ti~ne 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 5th day of November, 2002. MAYOR ATTEST: CITY SECRETARY Page 6 PASSED AND APPROVED on the 2nd reading the 19th day of November, 2002. APPROVED AS TO FORM AND LEGALITY: CITY ATTOR~E~.~ DATE: rl-1 / - o :7 ADOPTED: l l- Iq-OX EFFECTIVE: [ [- ~ ~ ~O ~ ATTEST: CITY SECRETARY Page 7 EXHIBIT "A" Being Tracts 1, 2, &3, Akard Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-42, Page 100, Plat Records, Tarrant County, Texas, and Tracts 3C2 & 3C2A situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 5.855 acres. LEGAL DESCRIPTION PEYTON¥1LLE PARK ADDITION LOT 1, BLOCK 1 Being a 5.855 sclc tract of land out of the W.R Eaves Survey, Abstract No. 500, as ~ecorded to xxx. as recorded in Volume xxx. Page xxx. of the Deed Records Tan'ant Coumy. Texas and is more particularly desc~ ibed by metes and bounds as follows: BEGINNING at a found ~ inch d-on rod at the southeast comer of Lot 6, W.R. Eaves No. 500. Addition. an addition to the City of Southlake, Texas as shown by plat recorded in Cabinet A. Slide 5834. of the plat records Tan'ant County, Texas; THENCE North 89 degrees 27 minutes 58 seconds East, a distance of 12.31 feet to a set % tach iron rod with yellow plastic cap stamped "Halff Assoc. Inc." for comer; THENCE Somh 00 degrees 51 minutes 24 secnnds West, a distance of 209.82 feet to a set ½ inch iron rod with yello,;,, plastic cap s~amped "Halff Assoc. Inc." fei- corner: ]'HENCE South 89 degrees 30 minnies 24 seconds West, a distance of 18.00 feet to a set ½ inch iron rod with yellow plastic cap stamped "Halff Assoc. Inc." for comer; THENCE South 00 degrees 52 minutes 01 seconds West, a distance of 417.37 feet to a set ~/2 inch iron rod with yellow plastic cap st'~tmped "Halff Assoc. Inc." fei' comer; THENCE South 89 degrees 23 minutes 08 seconds West, a distance of 400.42 feet to a set !×2 tach iron rod with yellow plastic cap stamped "Halff Assoc. Inc." for comer; THENCE North 00 degrees 50 minutes 09 seconds East. a distance of 627.73 feet to a set % tach ~ron rod with yellow plastic cap stampecl "Hal fl Assoc. Inc." for comer; THENCE North 89 degrees 27 minutes 5S seconds East continuing, a distance of 406.40 ['eel to 'File POINT OF BEGENrNLNG AND CONTAINING 5.855 acres or 255,042 square feet of land more or less. Page 8 EXHIBIT "B" Page 9 EXHIBIT "C" City of Southlake CITY COUNCIL MEETING November 19, 2002 Motion was made to approve Ordinance No. 480-407, 2 Reading, as approved on first reading and stated that Council is aware that the current Land Use Plan calls for Medium Density Residential but stated the approval of S-P-2 with O~ 1 uses is justified due to local economic conditions. Motion: Standerfer Second: Potter Ayes: Potter, Stephen, Morris, Standerfer, Evans Nays: none Approved: 5-0 City of Southlake CITY COUNCIL MEETING November 5, 2002 Motion was made to approve Ordinance No. 480-407, l~t Reading, amending the zoning to S-P-2 Generalized Site Plan District with O-1 Office District uses; tying the concept plan to the zoning; including an 8' masonry wall as approved by P&Z; and eliminating four parking spaces from the southwest corner at a location to be agreed upon by Mr. Christiansen and Mr. Garza. Motion: Second: Ayes: Nays: Approved: Standerfer Evans MonSs, Standerfer, Stephen, Evans, Shankland, Stacy none 6-0 REGULAR PLANNING AND ZONING COMMISSION MEETING October 17, 2002 Motion was tnade to approve ZA02-076, subject to Concept Plan Review Summary No. 3, dated October 11,2002, stipulating that the southern border of the property have an 8' masonry wall and prior to the City Council meeting to be held November 5, 2002, CISD is re-notified. Motion: Standley Second: Willimns Ayes: Faglie, Boren, Standley, Williams, Terrell Nays: None Approved: 5-0 Motion carried. Page 10 INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 221411531 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/22/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22141153 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/22/02 Description Location Col. Depth Linage MU Rate Amount CITY OF CI L'Y,,,KEF?jai- KAS ORDIN 13580 1 109 109 LINE $6.63 $722.67 ORDINANCE NO. 480-407 AN ORDINANCE Sales Dis, AMENDING ORDI- ($634.38) NANCE NO. 480 AS AMENDED THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITYK TTOEXASS GURANTIETINGr A ZONING CHANGE Net Amount: $88.29 ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACTS 1ADDITION AND TRACTS 3C2& D 3C2A SITUATED IN THE W.R. EAVES SURVEY, AB ECEHE - STRACT NO. 500, PROXIIMATELY Iui ' 5.855 ACRES AND _ DC� O �O M R FULLII AND L C TELY DE- A"RFR Ir"EXHIBIT 02 RICUL URAL DI - r TRITHE Si ASFCITDEPIC DISTRICT ON OFFICE OF CITY SECRETARY THE APPROVED County CONCEPT PLAN ATTACHED HERETO AND INCORPORAT- ED Before I HIBIT "B", SUBN JECXT Ind for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the R°Q U I R E M E NI TIs d by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas-and who, after being duly sworn, did depose and say that the ORDgrraNCOR advertisement was published in the bove named paper on the listed dates: BIDS at LEGALS DEPT. STAR TELEGRAM (817) : ALL OTHER THE OR- � FICIALNIG ZONING I �`��� � MAP; PRESERVING ALL OTHER POR- TIONS OF THE Signed ZONING ORDI- NANCE; DETER- SUBSCI PUBLIC NTEREST.O BEFORE ME, THIS Saturday,Novem r23 2002. MORALS AND GEN- ERAL ' /� ERAL WELFARE 'v/vy DEMAND THE ZON- ING CHANGES AND Notary Public / AMENDMENTS HEREIN MADE PROVIDING THAT ,z.sgom� THIS ORDINANCE CHRISTY L.HOLLAND SHALL BE CUALL try;, LATIVE OF ALL Yn ORDINANCES; p ,. 1.@ MY COMMISSION EXPIRES Thank ERABILITY CLAUSE; Payment �•�(i' PROVIDING FOR A .-ti,;� ———— PENALTY FOR VIO-- �JLY�I..ZOO/l__ LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE PROVIDING FOR PUBLICATION IN THE OFFICIAL Remit PROVIDINGRANAEF--am Customer ID: CIT57 FECTIVE DATE. SECTION 7. 01051 Customer Name: CITY OF SOUTHLAKE Any person, firm or corporation who vio- altneget disobeys,r refusese RTH, TX 76101-2051 Invoice Number: 221411531 comply with or who resists the enforce- ment of any of the Invoice Amount: $88.29 provisions of this or- dinance shall be fined not more than Two PO Number: Thousand Dollars ($2,000.00) for each $ I Afense. PSSED AND AP- Amount Enclosed: PROVED THIS THE 19th DAY OF NO- VEMBER, 2002, DURING THE REG- C ILL MEETING OUN- MAYOR: Rick Stacy ATTEST: Lon Fµrwell, City Secretary APPROVED".AS rTO INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 220880041 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 11/8/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22088004 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 11/8/02 �i a, ip4 cat o Co'0 De Linage MU Rat I1 i " NOTICE NOTICEEOOFFINUBLIC ING Notic I3580 1 120 120 LINE $6.63 $795.60 HNotice is hereby given by the City Council of Sales Dis Texts the?°:tpua ($698.40) hearing will be held on November 19, 2002, at 6:00 p.m or immediately following the Work Session, during the Regular City Council Meeting Net Amount: $97.20 to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider thhe sefcoow ire nogrd i- � t F M Hance: U ORDINANCE NO. 480-407 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS 1. 2��2 COMPREHENSIVE C ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, GRANTING AO TEXAS, CHANGEERTAIN OFFICE OFCITYSECRETARY TRACT OR TRACTS THE S1 OF LAND WITHIN TF County SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS Before TRACTS ADDITION1, 2 &3 day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator AND TRACTS & nd for said Countyand State,this for the 3C2A SITUATED IN I by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say that the SURVEY,R. A EAVES advertisement was published in the above named paper oQ the listed dates: BIDS a LEGALS DEPT. STAR TELEGRAM (81 7) ' AND C BEING AP- PROXIMATELY MORE ACRES, AND &Al-\,k) &i\CA/0 N- COMPLETELY DE- SCRIBED Signed IN EXHIBIT SUBSCI RICULT A OUR LG DIS- TRICT TO "0-1 BEFORE ME, THIS Friday,Nove 1 2002. AOSFIDEPICTIEDRON • /,'' THE APPROVED Notts Public I ATTACHED HERETO Notary "C/'� AND INCORPORAT- j ED HEREIN AS EX- HIBIT "B", SUBJECT " E �M'r'erll I TO THE SPECIFIC �. ° CHRISTY L.HOLLAND REQUIREMENTS ThankCONTAINED IN THIS ayment � MY COMMISSION EXPIRES ORDINANCE; COR- F- FICIALNG THE JULY 31 20a4 "— ——! MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, Remit r MORALS WELFAREnI Customer ID: CIT57 [3_=.af,AAD THE ZO,4'-- I/VGA M E o C"AM E NAT S 70105 1 Customer Name: CITY OF SOUTHLAKE HEREIN MADE_ M.V. 76101-2051 Invoice Number: 220880041 SHALL V B npCUMU- igiAL:r't'cd' S�` Invoice Amount: $97.20 ERABILITY CLAUSE• PENNAL�V FOR VIC PROVIDING ARsAV- PO Number: PROVIDINGCLA FOB �j PUBLICATION Amount Enclosed: 11 THINE PERFFICIAL PROVIDING AN E FECTIVE DATE car Person w ern or lat Sorafion who vio- neglectn°begs,omits.