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480-436CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-436 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 4, TIMARRON, PHASE 1, SECTION 2, BENT CREEK, AND BEING APPROXIMATELY 0.939 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S- P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE 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 X1, 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 "R -PUD" Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and Page 1 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 made; and, Page 2 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 Lot 1, Block 4, Timarron, Phase 1, Section 2, Bent Creek, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1015, Plat Records, Tarrant County, Texas, and being approximately 0.939 acres, and more fully and completely described in Exhibit "A" from "R -PUD" Residential Planned Unit Development District to "S -P-1" Detailed Site Plan District with limited "O-1" Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions: The property shall contain no more than one building which is the current building Page 3 which shall not exceed a single story. 2. There are to be no additions to the outside exterior of the building. 3. The floor area of the building shall remain at its current area of 2,661 square feet. 4. The property owner will maintain the landscaping substantially the same as Timarron requires. 5. The property shall be limited to the signs that currently exist on the property. 6. Permitted uses on the property shall be limited to accounting, advertising agencies, architecture, business holding and investment services, land surveying, engineering, law, management consultant, and other similar businesses properly defined as light traffic/activity businesses that have only one parking space per 300 square feet... similar to, but not limited to, interior design, builders, counselors, etc. 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 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 Page 4 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 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 Page 5 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 18th day of May, 2004. MAYOR ATTEST: Mae CITY SECRETARY' \%\\°\'SOUTilr�°'�a,� ! ••••••••s•� 0 �i +,tea • .U• o •• co • Page 6 PASSED AND APPROVED on the 2nd reading the 1St day of June, 2004. YOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 10 - I g y ADOPTED: to - I. 2t)DI EFFECTIVE:102" • i. e . ��s� eO••e•ee•° a°� e��ejeeeeeeaee��`° Page 7 EXHIBIT "A" Being Lot 1, Block 4, Timarron, Phase 1, Section 2, Bent Creek, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 1015, Plat Records, Tarrant County, Texas, and being approximately 0.939 acres. Page 8 EXHIBIT "B" mi Sv= -oy*wm v mm - OwN -Gdy#o 3" 's ` 9N411rG N:IHVI Al 'OIL zo Nk�, ku OL d; pr— - I z IS T to tu LU E in ILL UZ Q lu LU z 113 :zj of . .t -t Ir . . . . . . . . . . . . ..... ............ V111 I � f 9 AM Iiju P — Cp it A Page 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 242176231 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/6/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/04 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24217623 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Dates: 6/4/04 -6/6/04 Attn . .. . • 1� ption Location Col Depth, Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 1 I 1 I 111 LINE S0.42 ,O'.9 1 CITY OF FICIAL ZONING ORDINANCE NO. MAP; PRESERVING POR- 480-436 TAIONS OFF TH AN ORDINANCE ZONING ORDI- AMENDING ORDI- NANCE; DETER- Net Amount: S92,91 NNAEDED, r C . 480, AS MINING THAT THE COMPREHENSIVE PUBLIC INTEREST, ZONING ORDI- MORALS AND GEN- ERAL NANCE OF THE CITY DEAL WELFARE N- OF SOUTHLAKE ING CHANGES EMAND THE ND TEXAS' GRANTING` A M E N D M E N T S A ZONING CHANGE HEREIN MADE' ON A CERTAIN PROVIDING THAT` TRACT OR TRACTS THIS ORDINANCE OF LAND WITHIN SHALL BE CUMU- THE CITY OF LATIVE OF ALL SOUTHLAKE TEX- O R DIN ANC E S; AS BEING LEGALLY PROVIDING A SEV-i DESCRIBED AS LOT ERABILITY CLAUSE; 1, BLOCK 4 TIMA- PROVIDING FOR A RRON, PHASE 1 PENALTY FOR VIO- SECTION 2 BENT` LATIONS HEREOF; APPROX MATELV PROVIDING LAUSE• _ 0.939 ACRES AND PROVIDING FOR - - MORE FULLY AND PUBLICATION IN COMPLETELY DE-1 THE OFFICIAL ;3 CHRISTY L.HOLLAND SCRIBED IN EXHIBIT- NEWSPAPER' AND is "A" FROM R-PUD". PROVIDING AN EF- _• •; MY COMMISSION EXPIRES R E S I D E N T I A Lf FECTIVE DATE. PLANNED UNIT DE-r SECTION 7. •fir VELOPMENT DIS-, Any person, firm or or1+:•= JULY 31,2004 THE ST" TRICT TO "S-P-1", corporation who vio- DETAILED SITE; lates,disobeys,omits, COUn O' FLAN DISTRICT, neglects or refuses to tY WITH LIMITED 0-1 comply with or who OFFICE DISTRICT resists the enforce- USES AS DEPICT-, ment of any of the Before m: ED ON THE AP-1 provisions of this or- PROVED SITE PLAN dinance shall be fined e, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the S . ATTACHED HERETO not more than Two at Fort Worth, in Tarrant County,Texas;and who,after beingdulysworn, did depose and say INCORPORAT- Thousand Dollars tyr P that the al ED HEREIN AS EX- ($2,000.00) for each j in the above nam lager on the listed da es: BIDS 8I LEGAL DEPT. STAR TLEGRAM HIBIT "B", SUBJECT offense.Each day.that p (817) 35 TO THE SPECIFIC a violation is permitted REQUIREMENTS to exist shall consti- CONTAINED IN THIS Lute a separate of- / ORDINANCE; COR- Tense. RECTING THE OF- PASSED AND AP- C PROVED THIS THE 1st DAY OF JUNE 2004 DURING THE June 10, 2� SUBSCRIBED AND SWORN TO. REGULAR CITY rsday, COUNCIL MEETING. �� MAYOR: Andy ///� ATTEST: WambsganssoriMP _' / 1,/ ATTEST: Lori Farwell, Public City Secretary _ — I Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 242176231 Invoice Amount: $92.91 PO Number: Amount Enclosed: ;$ • INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 241403791 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/14/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 5/31/04 Bill To: CITY OF SOUTH- PO Number: CITY OF SOUTHLAKE Notice is LAKE by given by the City Council of Order Number: 24140379 1400 MAIN ST the City of Southlake, TSTE 440 earin, that a public Sales Rep: 073 hearing will be held on June 1, 2004, at i- SOUTHLAKE, TX 76092-7604 at v Session,following thg p Descri tion: CITY OF SOUTHLA the Regular City Council meeting to be held in the City Publication Date: 5/14/04 Attn HF1.VIN . I YRD Council Chambers of Town Hall,1400 Main ,g Street, Description es Purpose Southlake, Depth Linage MU Rate Amount 1 ' public hearing is to consider the second OF SOUTHLAKE Notice is he iowin�ngordinance: fol- CITY I 3 123 LINE $0.8 I $99.63 ORDINANCE NO. 480-436 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ONINGEHE ORDII- Net Amount: $99.63 NANCE OF THE CITY OF SOUTHLAKE, • �" TEXAS; GRANTING E C a ll E 1 I A ZONING CHANGE i ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF II SOUTHLAKE TEX- 1 1 L AS BEING LEGALLY jui „n :.; DESCRIBED AS LOT 1, BLOCK 4, E TIMA- SECTION P 2dEN SB1l CREEK ANti BEING ..W APPROXIMATELY0. 39A CiI >f 'SEC'aE7A MORE FULLY AND OFF! COMPLETELY COMPLETELY DE- SCRIBED IN EXHIBIT • "A" FROM "R-PUD" RY RESIDENTIAL - _ PVELOPMENT ITDIS- ,yam."; CHRISTY L.HOLLAND w, TRICT TO "S-P-1" a �t DETAILED SITE 1.7 1•' MY COMMISSION EXPIRES PLAN DISTRICT WITH LIMITED "0-1" ',4� �± JULY 31,2004 OFFICE DISTRICT at?�.-" THE STATE OF TEXAS USES AS DEPICT- ED b �N THE AP-County of Tarrant PROVED SITE PLAN ATTACHED HERETO AND INCORPORAT- Before me, a Notary Public in and for said County HIBITEREI s AS EX-onally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Teleg REQUIREMENTS P I in Tarrant County,Texas; and who,after being duly sworn, did depose and say that the attached clipping of an advertisement was CONTAINED IN THISrlam pa on the listed tes: BID 8t LEGAL DEPT. STAR TLEGRAM (817) 390-7320 RECTINGCTHECORF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- SUBSCRIBED AND SWORN TO BEFORE ME, T PUBLIC INTEREST,, 2004. - MORALSAND GEN - ERAL ERA WELFARE DEMAND THE ZONdij - ING CHANGES AND AMENDMENTS— HEREIN PROVIDING MTHAET THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL Thank You For Your Payment ORDINANCES; PROVIDING SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO • - LATIONS HEREOF; PROVIDING A SAV- INGS PROVIDING PUBLICATION IN Remit To: Star-Telegram . NNEWSPAPER OFFICIAL Customer ID: CIT57 PROVIDING AN EF- yC DATE. P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE Anny person, firm or corporation who vio- FORT WORTH, TX lates,disobeys,omits, 7( neglleec s ly or efwith users too Invoice Number: 241403791 resists the enforce- ment of any of the Invoice Amount: $99.63 provisions of this or- dinance shall be fined not more than Two PO Number: Thousand Dollars ($2,000.00) for each offense.Each day that a violation is permitted Amount Enclosed: $ to exist shall consti- tute a separate of- fense. City of Southlake Lori Farwell City Secretary