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0334-015THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-15 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, PASSED AND APPROVED ON AUGUST 19, 1986, GRANTING A SPECIAL EXCEPTION USE PERMIT ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND MORE FULLY DESCRIBED HEREIN; APPROVING A SPECIAL EXCEPTION USE PERMIT FOR A PRIVATE SCHOOL IN A SINGLE FAMILY RESIDENTIAL DISTRICT; REQUIRING A SITE PLAN; PROVIDING FOR SPECIAL CONDITIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE, PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF TARRANT THE CITY OF SOUTHLAKE WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A"; and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the city of Southlake, Texas (the "City") for its recommendation and report; and WHEREAS, the Planning and Zoning Commission of the City of Southlake and the City Council of the City of Southlake, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of Southlake, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council foes hereby find and determine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 334, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed and approved on August 19, 1986, as originally adopted and amended, (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definitions, Phrases and Words of said Comprehensive Zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A special Exception Use Permit is hereby granted for the Selwyn private school on land zoned Single Family Residential with the site plan being approved in accordance with the City and private school. Section 2. That this Special Exception Use Permit shall allow the operation of a private school subject to the provisions contained in this ordinance and the applicable regulations contained in the Comprehensive Zoning Ordinance. Section 3. That the herein described property shall be used only in the manner and for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this Special Exception Use Permit, subject to the following specific requirements and special conditions: (a) The site plan attached hereto reflects the required specific conditions concerning adequate and acceptable setbacks, ingress and egress, off-street parking and loading arrangement, location or construction of buildings, and uses and operations. (b) The conditions of this ordinance and of the site plan attached hereto are considered conditions precedent to the granting and holding of any certificate of Occupancy and Compliance for the specific uses provided for herein. (c) The Building Inspector is prohibited from issuing a Certificate of Occupancy and Compliance for any existing structure located onthe herein described property until such existing structure complies with all applicable Codes of the City of Southlake, until the off-street parking as provided in the Comprehensive Zoning Ordinance and on the site plan is provided for and in place, and until the ingress and egress required by the site plan is provided. (d) In no event shall any building or structure be constructed on the property described herein until the plans threfor shall have been submitted to the Planning and Zoning Commission and the City Council for their approval and amendment of the site plan. All such proceedings shall be in accordance with the proceedings required by the Comprehensive Zoning Ordinance. (e) No Certificate of Occupancy and Compliance shall be issued nor held for any structure on the property described herein unless and until such structure complies with all applicable requlations contained in the Comprehensive Zoning Ordinance, and all other applicable and pertinent ordinances and Codes of the City. Section 4. The correct the official change in zoning. City Manager of the City zoning maps of the City is hereby directed to to reflect the herein Section 5. That in all other respects the use of the tracts of land herein above described shall be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 6. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan of 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 secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of populations; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made 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 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 8. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Any person violating any of the provisions of this ordinance shall be deemed quilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than One Dollar ($].00) nor more than One Thousand Dollars ($1,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED ON FIRST READING BY THE CITY COUNCIL OF THE~ C~TY OF SOUTHLAKE, TEXAS, this the ~/ day of , 1987. OF_THE CITY OF SOUTHLAKE, ~iS the ~ day of COUNCIL {.l'/'.~-~7-' , 1987. m AND APPROVED ON SECOND AND TEXAS, Jo~n IWe~t~rHc Sa~orq% ATTEST: 'Sandra L. LeG'rand City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Tim ~followln~: tract or parcel of land attuated in the A. H, Chivers Survey, A-299, '[arrant C~)u~ty, '[e~ae, and ~l~ ~re partlc.larlY ~acrl~d ~n follow~: Bi. G1NN]NC at a n~l{ i~ County Road No, 3034 ({It~hl~nd~) end ~tnR by deed North RR A, H, Chivers Survey; T{{~C~ North, al a diutance of 20.0 feet an iro~ rod tn the North line of said County ~oad t;o. 31i3~ (}li{zhlende), a total distance of 25B.0 feet and ~{nR in the ~eat line of an I.O acts tract aa recorded on Pa~e 2~7, of Vo]ume 3776 tn the Tartest County I{eed Records; TII~NC£ ~est a distance of 162,2 feat; TH~.NCE South I degree 55 ~lnutam 05 seconds ~eet, at a distance o{ 2~1.2 feet to an iron ~od in the North line of eatd ~unty Road No. 303~ (Highlands), a total dJ~ta~ce ot 253.2 feet to a nail in said County Road No, ]03~ (HiRhlande); County Road NO. 303A THENCE ~outh fib degrees 23 minutel Elst alon~ said {HiRhlands) a dietance of 17A.8 feet to place of ~inning* '[ico~ 'Title Insolence Compeny One Dallas CenUe 350 North St. Pau. Su~e250. Dallas' l'exaS ?5201 {2141651 7,~