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480-580CITY OF SOUTHLAKE, TEXAS OWFICIAL RECORD ORDINANCE NO. 480-580 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 DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, CHIVERS PARK ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.39 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ""CS" COMMUNITY SERVICE DISTRICT TO "01" OFFICE 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 "CS" Community Service 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 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 legally described as a portion of Lot 3, Block 1, Chivers Park Addition, Southlake, Tarrant County, Texas, being approximately 0.39 acres, and more fully and completely described in Exhibit "A" from "CS" Community Service District, to "01" Office District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: 1. Subject to Site Plan Review Summary No. 4, granting the requested variances as presented by the applicant; 2. Also, providing that a common access easement be provided (over the drive aisle on the rear of the lot and extending to the north and south boundaries). 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 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 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 3`d day of March, 2009. C:4a MAYOR ATTEST: kee r�'Ile yw ,✓ a� fsy, V s <� � CITY SECRET Y . q PASSED AND APPROVED on the 2nd reading the 7th day of April, 2009. cl�6(4tj��) MAY R ATTEST: s♦ Y — �4'Lt CITY SECRETA a V 1 � �� Y a APPROVEDASITO FORM AND LEGALITY: CITY ATTORNEY DATE: K)0ye ►y-y-r 3♦?k(n ADOPTED:yjjQ -7-J—,,i� / EFFECTIVE: -��` EXHIBIT "A" Being legally described as a portion of Lot 3, Block 1, Chivers Park Addition, being approximately 0.39 acres, and more fully and completely described as follows: Property Description Being a 03% acres of land situated in and being a portion of Lot 3, Bloch 1, Chivers Park, an addition to the City of Southlake, Tarrant County, Texas; the plat of said Chivers Park being fded in Cabinet A, Slide 320, Plat Records of Tarrant County, Texas; said 0.3% acre parcel of land being more particularly described by metes and hounds as follows: BEGINNING at a !: inch iron rod found with plastic cap stamped " Landes & Assoc." at the northeast corner of said Lot 3 and the northwest corner of Lot 2, Block 1 of said addition; THENCE S 000 31' 40" E, 249.02 feet along the common line of Lot 2 and Lot 3 to the southwest corner of Lot 2 and an easterly corner of Lot 3; THENCE N 990 12' 28" W, 12.61 feet along a southerly line of Lot 3 to a % inch iron rod found.; THENCE S 010 01' S3" E, 2.00 feet along an easterly line of Lot 3 to a chain link fence corner post; THENCE S 890 08' 34" W, 43.00 feet along a southerly line of Lot 3 to a A inch iron rod set with plastic cap stamped i4 Landes & Assoc."; THENCE N 000 31' 40" W, 20.00 feet to a V/ inch iron rod set ( marked as before); THENCE S 89° 29' 14" W,14.41 feet to a'/Z inch iron rod set (marked as before); THENCE N 000 3114011 W, 230.98 feet along a line that is 70.0 feet parallel to and westerly from the common line of Lot 2 and Lot 3 to a % inch iron rod set ( marked as before) in the north line of Lot 3 and the south line of Lot 1, Block 1 of said addition; THENCE S 890 29' 14" E, 70.00 feet along the common line of Lot 1 and Lot 3 to the POINT OF BEGINNING and containing 0.396 acres of land or 17,248 square feet of land. See Survey by Coy D. Landes dated 04/2112008 and revised 05/28/2008. A SURVEY OF 0.356 OF AN ACRE OF LAND BEING A PORTION OF LOT 3. BLOCK 1. CHIVERS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A. SLIDE 320, PLAT RECORDS OF TARRANT COUNTY. TEXAS. NOTES: 1) BEARINGS ARE M" STATE PLANE GRID BEARINGS FOR THE NORTK Ct:.NTM ZONE BASED UPON CRY of SOUTHLAKEi GEODETIC CONTROL MONUMENTS REFERENCED TO HA-R.N. 1993 DATUM. 2) ALL IRON ROOS SET {IRS) OR FOUND QRF) HAVE A PLASTIC CAP STAMPED .'T.ANDES & ASSOC-- 3) SEE SEPARATE METES AND BOUNDS OESCIWMON OF 0.396 OF A14 ACRE PARCEL DATED 5/28/2008. 4) DOCUMFW VOL. 15189, M. 116, D T.C.T.. AFFECTS SUBJECT PROPERTY, 5) EASEMENT FILED IN C.C. #0206216439. D.R.T.C.T.. DOES NOT AFFECT SUBJECT PROPERTY. LOT I,. Bt1C 1 A. CHIVERS S Ts' R V E Y CHIVERS PARK A B S 1'. V O. 2 9 9 � CAB. A, SLIDE 320 SOUTHLAKE CHRISTIAN CHURCH P.R.T.C.T. VOL, 933fi. PG. 991 D.R.T.C.T. N P.O.B. I 1/2" IRF. "� _ I — — — LdrA 1/2" fRF iD.00' __ — — — — — --- +�2s'14 F 1/2" IRS. r 15' U.E. E ° i0 0 50 15' U.E. L CAB. A, SLIDE 320 --■---- CAB. A. P.R.9JC 320 R.R.T.C,T. Scale: !� O Brad Mass Tp T VOL 16206, PG. 73 0! N D.R.T.C.T. The MONTESSORI ACADEMY a AT SOUTHLAKE, a Texas w Non profit Corporation ' [ j d/b/a HIGHLAND MFJ+OOW Vol. 104005,, Pg. 2W6 17„248 SF. i I Fryi� D.R.T.C.T. OR a396 AC. W N ml LOT 2, BLOCK 1 [ QVVERS PARK CAB A, SLIDE 326 .LOT 3, BLOCK 1 ts' U.E.CKWOUNK C)ZFVEl?S PARK CAB. A. SLIDE 320 FENM CAB A, SLIDE 3W P.R.T.C.L 15' U.E. rrpoo AS. A SLSDE 32a f C' 9b' f S89'29`IV2� �4.41' P.R.T.C.T. i O(Y3l'40.00' _ IRS — — — t2222'— 1/2" �s 1f2" --- 151.80.— g 8'3'fl8'34 W N 8912'28- W, 12.61' CmA)IUNK FENCE CORNER POST / S 01 01'53" E. 2.00' 3/4- IRF THE MONTESSOPJ ACADEMY AT JERRELL. DWAYNE BROWN SOUTHLAKE. a Texas Non-profit ' et ux i corporntlaat d/�/a HtGHt AND CHARLOTTE ELIZABETH BROWN MEADOW MONTESSORI ACADEMY VOL_ 3776, PG. 287 J VOL 11546, PG. 196 ( D.R.T.C.T. 1i D.R.T.C.T. ! SURVEYOR'S CERTIFICATION OF p� %STE �f� The undersigned does hereby certify that the map as shown hereon reflects a /4E° survey made on the ground in March. 2008. the property shown hereon has to and from a pubtidy dedicated roadway. and except as shown hereon «'ODY Q. LAND there is no apparent or visible evidence of easements. encroachments: or .M«w�« -�Wsr• improvements to subject property, the comers are manumented as shown or 1886 +" noted. ss:w�'{a� 4/21/2008 SURD Y D. LANDES DATE REV: 5/28/20M cwors « cs we R.P.L,S d 1886 REV: 6/20/20W �anm � we mtyevit�rM EXHIBIT "B" A § 7 z u T 7: a 4 4 > MIA ge! lilt ... .. .... . k all > NN r �..AKE ARCH rrEcTs ti BRAD M055 DENTk OFFICE jd&I m F—1(.,d Clupd . 1210 N. CARROLL AVE. 5WRLAe, 7AA5 W.kT,— 76(M . 8, , "'. I r__-7 - Jv; LAAJ INVOICE Preview _ Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE''' 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF SOUTHLAKE ORDINANCE NO I3580 THE STATE OF TEXAS County of Tarrant 1 108 RECEIVED MAY - 8 2009 OFFICE 0tA17y Customer ID: CIT57 Invoice Number: 304079491 Invoice Date: 4/10/2009 Terms: Net due in 21 days Due Date: 4/30/2009 PO Number: no po Order Number: 30407949 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/10/2009 108 LINE $0.81 $87.48 Net Amount: $87.48 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishMhe above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 r\ n _ h r SUBSCRiBED AND SWORN TO BEFORE ME, THIS Tuesday, April 14, 2009. Notary • l IMF • _A 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: 304079491 Invoice Amount: $87.48 PO Number: no po Amount Enclosed: $ CITY OF SOUTHLAKE ORDINANCE NO. 480-580 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 1S AMENDPI>, THL COMPREHENSIVE 7_3NING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING DE- SCRIBED AS A PORTION OF LOT 3, BLOCK 1, CHIVERS PARK ADDITION, SOUTHLAKE, TAR - RANT COUNTY, TEXAS, BEING AP- PROXIMATELY 0.39 ACRES AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM '"CS" COMMUNITY SER- VICE DISTRICT TO "Ol" OFFICE DIS- TRICT, AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER - ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, 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. PASSED AND AP- PROVED THIS THE 7th DAY OF APRIL, 2009, DURING THE REGULAR CITY', COUNCIL MEETING. MAYOR: Andy. Wambsganss ATTEST: Lori Payne, City Secretary INVOICE Preview Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 EVELYN . HIGHTOWER CITY OF SOUTHLAKE Notice is he Sales Discount Misc Fee THE STATE OF TEXAS County of Tarrant I3580 MAR 1 3 2009 OFFICE o;- C"14, "�LCRFTAIy 1 122 Customer ID: CIT57 Invoice Number: 303301441 Invoice Date: 2/27/2009 Terms: Net due in 21 days Due Date: 2/28/2009 PO Number: PO#20900115-000 Order Number: 30330144 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/27/2009 122 LINE $0.81 $98.82 Net Amount: ($5.00) $5.00 $98.82 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: �BIDS &LEEGAL DEPT. STAR TELEGRAM `Q)_(817) 390-7501 Signed V( �(� T0`�'`e W. /C °? SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, March 03, 2009. ° ° Notary Public �' K�� �L (,� L �'� �.. o � 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: 303301441 Invoice Amount: $98.82 PO Number: PO#20900115-000 Amount Enclosed: $ Bids & Proposals 09-013). Sealed bid: must be submittec by 10:00 a.m. or Friday, March 20 2009 ' for NRH2( Waterpark.. Those interested it participating in thi! competitive process may. download the specifications frorr the Purchasing de, partment at the City of North Richlanc Hills website www. nrhtx.com, submit e request to purchas• ing[dnrhtx.com of packkets may be ob- tained from the Purchasing Depart- ment at 7301 N. E. Loop 820, Monday through Friday (8:OC a.m. to 5:00 p.m.) beginning Feb, 20, 2009. The City of North Richland Hills re- serves the right to reject any. and all bids and act in the best interest of the City of North Rich- land Hills. City of North Richland Hills Jamie Brockway Purchasing Manager Legal Notices CITY OF SOUTHLAKE Notice is hereby given by .the City Council of the City of Southlake, Texas, that a public hearing will be held on March 17, 2009, at 5:00 P.M. or immediately fol- lowing the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 480-580 4N ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE Legal Notices ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTING; A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS' BEING DE- SCRIBED AS A PORTION OF LOT 3, BLOCK 1, ICHVERS PARK ADDTION- NO CU ING FECTIVE DATE. ECTION 7. ,ny person, .firm or. corporation who vi olates, disobeys, omits, neglects .;or Legal Notices 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. City of Southlake Lori Payne City Secretary