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480-756 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-756 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 15, S. FREEMAN NO. 525 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 5.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "RE-5" RESIDENTIAL ESTATE DISTRICT, 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 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 "SF-1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and, Ordinance No. 480-756 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 Ordinance No. 480-756 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 described as Lot 15, S. Freeman No. 525 Addition, City of Southlake, Tarrant County, Texas being approximately 5.24 acres, and more fully and completely described in Exhibit "A" from "SF-1A" Single Family Residential District to "RE-5" Residential Estate District as depicted on the approved Site Ordinance No. 480-756 Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Conditions of approval with Ordinance No. 480-756 approved April 2, 2019: 1. City Council motion at 1st reading: March 19, 2019; Approved (6-0) at 1st Reading subject to the Staff Report dated March 12, 2019 and the Concept Plan Review Summary No. 3, dated February 26, 2019. 2. City Council motion at 2nd reading April 2, 2019: Approved (7-0) at 2nd Reading, subject to Staff Report dated March 29, 2019 and Site Plan Review Summary No. 3 dated February 26, 2019. 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 adequate Ordinance No. 480-756 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 Ordinance No. 480-756 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 in its entirety on the City website 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 it 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 19th day of March, 2019. `�NLAK�e�� ®��J ' •..( MAYO / T) . I = \e- = N: _ " iN • _ ATTEST: >-: • 0•#.0 •.••«.sem \ 1 ,,11 I ```` 011 . A CITY '�� RETAR, Ordinance No. 480-756 PASSED AND APPROVED on the 2nd reading the 2nd day of April, 2019. 2L „A1 O0„,LA ,„,00, MAYO ,,z;• O . •F,1.' ATTEST: : 4- I * \ -7.r. =o: >-:• _ , - 1 b . l 1 , :0,, »...•••.. �`� CITY SEC'NARY w APPROVED AS TO FORM AND LEGALITY: (9 CITY ATTORNEY DATE: I1U. LS ADOPTED: `i l EFFECTIVE: `'t'V Vet Ordinance No. 480-756 EXHIBIT "A" Being described as Lot 15, S. Freeman No. 525 Addition, City of Southlake, Tarrant County, being approximately 5.24 acres and being more particularly described as follows: WEREAS, Timothy Alan Cummings, is the owner of all that certain 5.236 acres of land by virtue of the deed recorded in Document Number D217053865 in the Public Records of Tarrant County, Texas (P.R.T.C.T.), in the S. Freeman Survey, A-525, City of Southlake, Tarrant County, Texas, and more particular described by the metes and bounds as follows: (all bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone.) BEGINNING at a 1/2" iron rod found for the southwest corner of Lot 5, S. Freeman No. 525 Addition recorded in Cabinet A, Slide 1898 P.R.T.C.T., which is the southeast corner of the herein described tract, in the north right—of—way line of Raintree Drive (Called 50' Right—Of—Way), from which a 1/2" iron rod found for the most southern southeast corner of Lot 1, Block A, Massey Addition recorded in Volume 388-210, Page 42, P.R.T.C.T., bears North 64' 44' 19" East — 500.70' along the north right—of—way line of said Raintree Drive; THENCE along the north right—of—way line of said Raintree Drive the following courses: South 6's 44' 19' West — 47.75' to a 1/2" iron rod (BENT) found for a point for corner of the herein described tract; South 77' 33' 17" West — 154.65' to a 1/2" iron rod found for a point for corner of the herein described tract; South 70' 08' 26" West — 90.67' to a 5/8" iron rod found for the southeast corner of Tract 2, Hughes Addition recorded in Volume 388-136, Page 90, P.R.T.C.T., which is the southwest corner of the herein described tract; THENCE North 03' 09' 34" West — 687.53' to a 1/2" iron rod with a cap stamped `SPRY 5647" set for the northwest corner of the herein described tract, in the south line of Grapevine Lake USA Army Corps of Engineers Tract A-39, Volume 2362, Page 190 & Volume 3549, Page 152, P.R.T.C.T., from which a 1/2" iron rod found bears North 28' 23' West -- 0.19', also from which a Corps of Engineers Concrete Monument "A-39-13" bears South 56' 58' 54" West — 58.40' along the south line of said Grapevine Lake; THENCE North 56' 58' 54" East — 232.20' along the south line of said Grapevine Lake. to a Corps of Engineers Concrete Monument "A-39-14'; which is a point for corner of the herein described tract; THENCE North 51' 31' 57" East — 160.00'continuing along the south line of said Grapevine Lake, to a P.K. Nail found for the western most northwest corner of a 2.04 acre tract of land conveyed to Raquel Rosenthal & Brian Jetty by virtue of the deed recorded in Document Number 0 215065762 P.R.T.C.T., which is the northeast corner of the herein described tract, from which a Corps of Engineers Concrete Monument "A-39-15" found bears North 51' 31' 57" East — 9.77' along the south line of said Grapevine Lake; THENCE South 00' 10' 49" West passing at a distance of 136.68' a 1/2"rion rod with a cap stamped `RPLS 4888" 1.08' west of property line, reference call for the southwest corner of said Raquel Rosenthal & Brian Jetty tract, continuing for a total distance of 828.04' to the POINT OF BEGINNING and containing 5.236 acres of land. Ordinance No. 480-756 EXHIBIT "B" x 8 ^ H o U $� i N S H (i ro + s ,if 0 ...ri x .p..j i g Amok r "$e ;0'6 IA p$x app \4 NIIIMINe I 'pp•as f -ii: i$ '' �.9 EE 11 l ial ! a \ _gle 6s \ ..„,-.- \,-,_ e } r r,. 1 glid g ''• B i g4 \ ' ' 01 4 i i. 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O e J m L 1 -1 f,2- .6159• O CN>m= S Vn1n f O .1'10—Z a 9 Ordinance No. 480-756 Star-Telegram MEDIA Arlington Citizen-Journal ; The Keller Citizen i La Estrella Mansfield News-Mirror Star-Telegram Northeast Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth,Tx.76102-6315 *** MEMO INVOICE *** Fed 117#26-2674582 231 TOTAL AMOUNT DUE $120.60 SALES REP 124 ADVERTISER INFORMATION Christine Lopez BILLING PERIOD 6 I BILLED ACCOUNT NUMBER 7 I ADVERTISER CLIENT NUMBER 2 I ADVER71SERICUENT NAME 02/15/2019 600637 600637 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star-Telegram CITY OF SOUTHLAKE Star-Telegram-Advertising PO BOX 51847 1400 MAIN ST Livonia,MI 48151 STE 440 SOUTH LAKE,TX 76092-7604 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections@mcclatchy.com 'TM Payment is due upon receipt. �a oLJ NEWSPAPER 12 14 13 Lai LI BILLED LI TIMES LI 19 START STOP REFERENCE DESCRIPTION PRODUCT SAU SIZE UNITS RUN RATE AMOUNT 02/15 02/15 0004088513 21900309,PUBLIC HEARING NOTICE CIT Telegram 1 x 85 L 85 1 $1.36 $115.60 02/15 02/15 0004088513 21900309,PUBLIC HEARING NOTICE CIT Upsell ST.Com 1 x 85 L 85 1 $0.06 $5.00 Invoice Total $120.60 USD 151 4V A ;617 LAO THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. Stal_rEeleglharri PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE 1 1 BILLING PERIOD 2 I ADVERTISERICUENT NAME MEDIA 02/15/2019 CITY OF SOUTHLAKE Star-Telegram-Advertising 23 I TOTAL AMOUNT DUE 3 1 TERMS OF PAYMENT PO BOX 51847 Upon Receipt Livonia,MI 48151 $120.60 41 PAGES 5 1 BILUNG DATE *** MEMO INVOICE *** 1 02/15/2019 11I NEWSPAPER REFERENCE 0004088513 Star-Telegram 6I BILLED ACCOUNT NUMBER Star-Telegram-Advertising 600637 PO BOX 51847 7 I ADVERTISERICUENT NUMBER Livonia, MI 48151 600637 a Star-Telegram MED/A Arlington Citizen-Journal i The Keller Citizen;La Estrella ' Mansfield News-Mirror;Star-Telegram Northeast Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102.63151800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number _ Identification PO 1 Amount Cols Depth 600637 0004088513 PUBLIC HEARING NOTICE CITY OF SOUTHLAI 21900309 $120.60 1 85.00 Li Attention: BRANDI . THE STATE OF TEXAS C CITY OF SOUTHLAKE c 'of County of Tarrant 1400 MAIN ST Nx iowfng"tans inn the consider STE 440 � ambers at Town Hall 1400 Before me,a Notary Public in and for .Street, Seuthilke,`Texas said County and State,this day SOUTHLAKE, TX 760927604 Cl , Tuessr personally appeared CHRISTINE PUBLIC HEARING NOTICE .-k 41 LOPEZ, Bid and Legal Coordinator CITY OF SOUTILAKE,TEXAS Notice is hereby given to all inter- I.:, 4 for the Star-Telegram, published by ested persons that the City of ; Southlake, Texas, will consider t.,,,1K the Star-Telegram, Inc.at Fort Worth, " the following items in the Coun- cil Chambers at Town Hall,1400 1 ' ,'" ' "` `'' in Tarrant County,Texas;and who, Main Street, Sauthlake. Texas for: after being duly sworn,did depose The City Couricil on Tuesday wwhetheror prl- March 5, 2019, at 5:30 p.m.will V yrs desert- and say that the attached clipping of hold a public hearing and consid- Ind el &, Z. Olodt 1R er: Seuthlake Town Square Add- an advertisement was published in • Resolution No_ 19-010 (ZA19- tisk an addition to the City of the paper on the listed 0004), Specific Use Permit for L aka Tarrant County, p Makeup Institute to allow a col- Texas ande above namep located at 112 State' dates: lege junior college, or other Street, Suite„ uthlaii. similar institution of higher Taxlli. C ent Ton':'�i7'" learning, whether public or pri- Downtown District SPI Neigh- vate, on property being descri- berhood#8. ' bed as Lot 2. Block 1R, Southlake Town Square Addi- The City Council"`on Tuesdayy, tier► an addition to the City of March 19 2019,at 5:30 p.m.wilt 1 Insertion(s) Southlake, Tarrant County, hold a public hearing and consid- Texas and located at 112 State Street, Suite ZOO, Southtake er: . Published On: Texas. Current Zoning: "DT • Ordinance No. 480-756 (ZA19- February 15,2019 Dorintuwn District. SPINeigh- +� ),Zoningg Change..and Con- t Plan for 2500 Ralntree The City Council on Tuesday on property described as March 19 2019,at 5:30 ,m.will Lot 15,S.Freeman No.525 dlNetiCity of Southlake, Ad- hold a public hearing andconstd- Tarrant Coun or: , Texas, and lo- cated at z5Nt Ralntree Drive, • Ordinance No. 480-756 (2419- 8001614eke,Texas, Current Zon- 0003), Zoning Change and Con- Mt -1A"Single Family Rest- cent Plan for 2500 Raintree dentist Estate District. Pro- Drive on property described asZoning: "RE-5" Single Lot 15, S.Freeman No. 525 Ad- Residential District. dition, City of Southlake, SPIN hood04. Tarrant County, Texas, and la- • Ordinance No. 480-757 (ZA18- cated at 2500 Raintree Drive, 0061 Zoning Change and Site Southlake,Texas. Current Zon- Plan Nolen Office Park Phase ' ing:"SF-1A" Single Family Resi- 2 on property described as Tract dentias Estate District. Pro- ,2A02A, Thomas Easter Survey, posed Zoning: "RE-5" Single Abstr N0. 474f Gly Oti` Family !Residential District. ... :6_ South e, Tarraq COuny SPiN Neighborhood o 4. Texas and located.at 2827 E. • Ordinance No. 480.757 (PAIS- kW B d.(also addressed 0061) Zoning Change and Site aS NOlen Dr,) Southlake, (Principal Clerk) Plan for Nolen Office Park Phase Texas. Current Zoning : "AG" - 2 on pro erty described as Tract Agrkultural District.. Pr osed Abstract Thomas Easter Survey Zanlw„gP„1•-District. Site SUBSCRIBED AND SWORN TO Abstract No. 474 City y. h Alstrict. SPIN BEFORE ME,THIS 15th day of Southlake, Tarrant County, Neighbor- and located at 2627 E. Southlake Blvd, (also addressed • Or No. 406-7511 (ZA19- February in the year of 2019 as 240 S. Nolen Dr.),Southlake, Con- Texas. Current Zoning: "AG" - anan Agricultural District. Proposed Cr Eos 1R Zoning "5-P-1" - Detailed Site Plan District. SPIN Neighbor- as to the City - hood 08. if outhlake, Tarrant County • Ordinance NO, 480-758 (ZA19- Texas and located at 610 and ( 'Jr . -.4 0005), Zoning Change and Con- 620 S. Peytonvllle Avenue, coot Plan for Hawkwood on Seine,Texas._ Current Zon- property described as Lots 1R Inir"Si-lA"SIngli FamilyResi- otary Public- and 2R, Block 1, Maier Estates Distrkt and"RE-5 akRes'. Addition,an addition to the City Estate District, Pro- of Southlake, Tarrant County Z • "SF-20A" Single i Texas and located at 610 and idential District. 620 S. P tonville Avenue, �" Southiake as. Current Zon- ale. ; �! °`°fig;, LIZBETH AfLEEN CORDERO Zon- ing: SF-lel Single FamilyResi- perms Are urged to g' 9 +� _** *= MY Notary ID#1:1868068 dentia!District and"RE-5Resi- biiv4 a' ;m;, 4: dentia? Estate District, Pro- Amy�� C '.'.••-•: icy ar Soucniaice Amy Shelley,TRMC Deputy City Secretary