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480-513CITY OF SOUTHLAKE, TEXAS OFFICIAL RECOR, D ORDINANCE NO. 480-513 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 4A01, 4A03, 4Al2, AND 4A13, SITUATED IN THE J G ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 4.87 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-2" GENERALIZED SITE PLAN DISTRICT LIMITED TO THE "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 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 snap 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 "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 ofthe 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, 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 4A01, 4A03, 4Al2 and 4A13, situated inthe J. G. Allen Survey, AbstractNo.18, and being approximately 4.87 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S -P-2" Generalized Site Plan District limited to the "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: 1. Subject to the Planning & Zoning Commission recommendations 2. Allow breaks in the fence at the access easements with temporary barrier at the easements. 3. Spacing for fence columns at no less than 20' 4. 4" caliper for all trees 5. Change EF1S to masonry/concrete stucco 6. Approving requested variances. 7. Subject to the Site Plan Review Summary no. 6, dated February 13, 2007. 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. �1 9101 101091 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 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. Me1[)MM 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. �1 0[44 11 M01-11 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 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 20th day of February, 2007. YOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 5tk day of March, 2007. MAYOR ATTEST: ffi'o--- U� � speewo Cj � �4% n v ° ° co s • O a i e ®a• va r�I •0PO.OP•O�• 0 9d"/9'Jil qt9 A log",0a 6► THL `S • ��yy SECRET Y 'Va • 6 ® pppp • e V/ -oQYO• �� lw APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: 3 (p 7 EFFECTIVE:_ _ 'j O 7 EXHIBIT "A" Being Tracts 4A01, 4A03, 4Al2 and 4A13, situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 4.87 acres. BEING o tract or parcel of land situated in the J. G. ALLEN SURVEY, ABSTRACT N0.18. Tarrant County Texas and being the some tract as recorded_ on Page 1470, Plage 7316 in the Tarront: County meed Records and being more particularly described as follows. BEGINNING at an iron rod in the South Brae of F.M. Highway NO.1709 And being by deed East a distance of 1154.17 feet and North a distance of 2629.06 feet #reams the Southwest corner of said J. G. Allen Survey: THENCE South 89 de reel 51 minutes West along the South line of said F. M. Highway Mo.1709 o distorice of 208.7 feet to an iton read at the Northeast carner of a 1.5 acre tract as recorded can Page 2012 of Vosurne 5597 in the Tarrant County Deed Records: THENCE South 00 degrees 09 minutes East a distance of 625.87 feet to an calci iron rod cat the Southeastcorner of o 0,7496 acre tract as recorded on Page 200 of Volume 5597 in the Torrcnt County Deed Records, THENCE North 89 degrees 43 minutes 40 seconds East a distance of 208.7 feet to aro old iron rod and being in the Test line of a 10.0 acre tract as recorded on Plage 704 of Volume 7316 an the Tarrant County Deed Records; THENCE Forth 00 degrees 09 minutes West a distance of 625.42 feet to the PLACE OF BEGINNING, containing 2.998 acres or 130,572 square feet of land, more or less. SAVE AND E=XCEPT that portion conveyed by deed dated July 11, 1990. executed by Thomas H. Fleeger to the Slate of Texas, recorded in Volume 9981, Page 1203,.of the Beed Records of Tarrant County, Texcas,being more particularly described as follows: BEING 0„218 acres of land, more or less, situated in the county of Torrant, State of Texas, and Being out of the ,Jesse G. Allen Surrey, Abstract No.18, and being o part sof o tract of land, conveyed b�r John H. Herbison et ux Alice to Thcamos H. I lee er by deet! doted February Y8, 1389 and recorded in Volume 9526, Mage 1242 of the geed Records, Tarrant County, Texas, -which 0,213 acres of land, more or less. are more particularly described os follows, BEGINNING at the intersection ;of the proposed South right-of-way lime of F,M. 1709 and the West line of said Fleeger tract said point being North 00 degrees 03 minutes 41 seconds East a distance of 581.18 feet from the Southwest cornet of said Fleeger tract said point olso being 65.00 feet South of and at right tangle to centerline station 164*39.15 of said highway THENCE Forth 00 degrees 03 minutes 41 seconds East clang said Test lime a distance of 44.43 feet to a point in the existing South right6ofl/Uwoy Brae of said highway. 7HENCE North 89 degrees 59 minutes 36 seconds East along said existing right-of- way line a distance of 208.68 feet to a paint in the East line of said Eteeger tract; THENCE South 00 degrees G3 minutes 14 seconds gest alongstaid East lire o distance of 46.67 feet to a point in the proposed South right -of -wiry lire of said highwa said point being in a curve tee the right whose center bears North 00 degrees minutes 04 seconds East; THENCE in a Westerly direction along said proposed South right-of-way line and along said curve to the richt sarne having ca radius of 5794,58 feet cand a central tangle of CO degrees 16 minutes 33 seconds o distance of 27.91 feet to a point: TNFNrE North 89 degrees 22 Minutes 22 seconds West continuing along said proposed South right-of-woy line a distance of 18D_79 feel to the POINT OP BEGINNING. SURVEY AND Fr7LD NOTES IrOn A TRACT IH THt JFRRR G. ALLEN SURVZY XbSTRAC'" t+ 0. IS. 5XTUhTUD XN TFIR CITY Or SdUTHLAXI, TARRANT COUNTY, THrAN, MING A PORTION OU TNR TRACTS DESCRInED AS TRACTS T, & It, IN A DEED RtCORDED IN VOLUME 15664, PAOC 9a, DEED ACCOUDS, TARIhN7 COUNTY, TZXA9, SAID PORTION TIEING MORE PARTiCU7LhVLY DtSCRXBRb BY HEM AND e€3MS AS FOLLOWS' Beginning at a 5/8" iron found in tba South right -of -V kY Line of Southlakv Dlvd. (PK 11tghVny No. 1709), at thQ Southtna't corner of a tract described in a deed to the State of Texan, racorded, ire Volund 9955, page 1396,nood Recorrda, Tarrrn>nt County, Taxasp aaJ4 poLgt being 413 var4ar East; 2629.06 meet ?loath, 8. 090-31114.208.7 feet end S-00-03'-41" N. 44.43 feet, by dead call.ry, from the Southvent corner of void Allen Survey: THENC7 S. 00-09,_00- 1. 591.16 feet, vitt the general course car a finnan to a 1/2" Iron set in the North line of Cheeeapaska Place Addition to t ba City of Southlaker T11�NCE S. 090--461-49.1 W_ 158.72 feet along semi Narrth line to a 5/0" ixn found In same for the Southwest corner of the her471n descxibe4 bract: THENCE N. 00-041--801' V. ( Baaaa Bearing --Dead ) 503.01 Leet along than 11ast 11 na of Lot 21 Black 1, :.a. Allen No. 10 Addition to the City of 9vuthlake an ahown on a plat recorded In Cabinet S, Slide 445r Plait Recorda, Tarrant County. Taxaa,to a 5/5" iron fomnd in the South right-of- way line of Southl:ake Blvde THENCE S. 890-321--321`t. 156.72 feet along Qaid right--of-vay Itsta to the POINT OF D2G1N?g1NG, and CantmIn#ng 91225 -�- Square feet x 2.094 acres. EXHIBIT "B" Southlake Professional Plaza Proposed Permitted Uses and Development Regulations for "S -P-2" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the "O-1" Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended. Development Regulations This property shall be subject to the development regulations for the "O-1" Office District, and all other applicable regulations, except where stated below. ....w�wWwk.� IK Z Zia p a [3� �[rn �'4Nue� � RR^+P�1f Satre OM wn" 10MO �d •WM" s'rs` axtttMe�.tyaupaaisIa mm I rarer �� .,-ararsw..xrm a , wow En NK M1 sil Hill a ;Rg _�4M ` � .... ...... ...� .....��. _ ff Fa 4 1#jv � J W rc a I* z allVAinnou MMKLQOS AMM % i \ ; , V% . ° . 1 1 & VA I | § | ■ 7 K | § | 000 [EfSE�iI�A Ruc,a�waa �� w` S�iQL�iH1[IA6 �1LT9aftwl f � ---- ---- --- --- aazazsx�zsgxssxxxR����� lzA: gtitas �ddddddd8dddp'�!dd8 �dI ih ♦Y �Y ♦Y W Jt i �.fyf.. a dig k RJ�P�7c illNUFT3_0 PHEQ"T CAMONE CONS CAFMASONRY WALL 79' POET BUILMNO TO MAMH BUILDING liC EE I PROPERTY SINE 1 fid 'iwt Inc. aHam tart � Engin aeriln gurveyin;. Fury 2, 7 iayaAms Namyanit City of Sauffilake Planning Department 1400 Main ,.,treat; Suitt M Southlake, 76M Driveway Ve trace forouthis to PraWalonat Plate The site pian for Scz€:rihd ke Profession € laza shuvtm one propused d€ive"Y-. The proposed driveway �ppnrC is located 3BI femat from thewdstirg driuy eerirse to the west Arad 6. tF1 existing driveway cantedine to the east. Additi,s al site woe s Allbe provisfled via a Gross ams easement to the $L As Shmn in tho trAc impact artatysts, the proposed driveway win riot require turn lone per TXD0 - standards.. Under Drip mmy Ordinance No. 634, the minimum cmmtefline sing d SW feet is required I.br d WW' ort F.M. 1709: Fifa are r"uestinq a variance for driveway spacing given that fourexisting4rives will be repfacW with cme dedicated drive. PISSSO CRCMtSCt US kit any fU60W 4UfttI0A$, Tek Yqu, laird. Hathpitatt and Eftwt5, Me. .iia ter, :at,T Matthew Reeger — OwnedApplicant Dave Besserer - Partner Curs Linn — Partner File 920 Swth Main SfimoL 01Jd MaIr3Place SLO 100,r ewi ,Tams 16061 4d Obl1 tem Main- $17-3 J277T o � 6 - 5# 5 . FAx 817-251-88140 Emak ma1WMbbWc=m Z A D( -153 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 INVOICE RECEIVED APR ® 3 2007 Bill To: OFFICE OF CIiY SECREiA1�� CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn: Attn: ACCOUNTS PAYABLE Icription l CITY OF MAP; CITY OF SOUTHLAI THE STATE OF TEX, County of Tarrant Before me, a Notary F for the Star -Telegram say that the attached TELEGRAM (817) 390-7501 SUBSCRIBED AND SWORN TO BEFORE h PUBLICATION IN THE OFFICIAL PROVIDINGRANAND - of : Depth 1 111 Draft Only Customer ID: CIT57 Invoice Number: 281273271 Invoice Date: 3/9/2007 Terms: Net due in 21 days Due Date: 3/31/2007 PO Number: PD W/MC Order Number: 28127327 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/9/2007 Kr, � :: lvxv 1\nbG : L->111V.1111L ' 111 LINE $0.81 $89.91 Net Amount: $89.91 FECTIVE DATE. SECTION 7. , a,•mamw_a;,:awRmz+ w:r:r- vr::,.:...,-., Any person, firm or - n w corporatioho vio- �s r "• laces, disobeys, omits, �ti'' '�; CHRIS'IY• t.. H neglects lects or refuses to I=x?',,, g comply with or who MY COMMISSION EXPIRES ;' e resists the enforce- T •+,` JUty 31, 2008 menu of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars o e00a: Eaon aay,ir;a ly personally appeared Deborah Baylor, Bid and Legal Coordinator aviolation is permitted North, in Tarrant County, Texas; and who, after being duly sworn, did depose and to exist shall consti- tute a separate of- the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR fense. PASSED AND AP- PROVED THIS THE 6th DAY OF MARCH 2007 DURING THE"- REG "QLAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Farwell, Citv Secretary - rch 1 , 20 Notary Public 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: 281273271 Invoice Amount: $89.91 PO Number: PD W/MC Amount Enclosed: $ Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn CITY OF SOUTHLAKE Notice is he RECEIVED MAR - 6 2007 OFFICE OF CITY SECRETARY THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said Cou for the Star -Telegram, published by the Star -Tel depose and say that the attached clipping of LEGAL DEPT. STAR TELEGRAM (817) 390-7320 SUBSCRIBED AND SWORN TO BEFORE ME, THIS I Thank You For Your Payment ----------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 761( INVOICE` Customer ID: CIT57 Invoice Number: 280532691 Invoice Date: 2/17/07 Terms: Net due in 21 days Due Date: 2/28/07 PO Number: PD W/MC Order Number: 28053269 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/17/07 by the City Council of trhe city of Southlake 1 124 124 LINE $0.81 $100.44 Net Amount: $100.44 provisions of this or- inance 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 consti- tute a separate of- fense. City of Southlake Lori A.Farwell City Secretary - - --- - - - I: CHRISTY L. HOLLAND ro i MY COMMISSION EXPIRES July 31, 2008 ,4CRES,­ A' ND MORE,y perso Ily appeared FULLY AND COI PLETELY DE-lorth, in r ant County, SCRIBED IN EXHIBIT "A;FRO 'AG" rA¢ ps pt� lis e ,in the c o a 2007. Wesselman, Bid and Legal Coordinator I ; and who, after being duly sworn, did : ed paper on the listed dates; BIDS & �ustomer ID: CIT57 ~ustomer Name: CITY OF SOUTHLAKE ivoice Number: 280532691 ivoice Amount: $100.44 D Number: PD W/MC mount Enclosed: 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