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480-447ACITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-447a 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 B, BLOCK B, BRIARWOOD ESTATES; AND BEING 1.523 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL -RETAIL DISTRICT USES TO "S -P-1" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL -RETAIL 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 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 "S -P-1" DETAILED SITE PLAN 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 B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 1.523 acres, and more fully and completely described in Exhibit "A", and subject to the following specific conditions: 1. The proposed "S -P-1" uses will amend the current parking regulations to allow for 71 spaces for 12,394 square feet of building or 1 space per 174 square feet of floor area. Page 3 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. Page 4 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. Page 5 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 16th day of October, 2012. Q::� MAYOR ATTEST: P4 6L--0- Zk 042 v CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 6th day of November, 2012. APPROVED AS TO FORM AND LEGALITY: n c� MAYOR ATTEST: CITY SECRETARY Page 6 ADOPTED: I I - Cc - c,�f) [J - EFFECTIVE: /\0\/e fVL6'24— t � X 17.01 -,7 - Page 7 EXHIBIT "A" Being Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-139, Pages 7 & 8, Plat Records, Tarrant County, Texas, and being approximately 1.523 acres. Page 8 I I ! —E—T-7— 1101-1 NAP V-- LATA aHe• a. c.n _ _- _ �vaa iee san tN' len 1 Y."y - Att- � I J ! "'r-__, __ 1 I �rew�n_e_sxm. �� ,.0 or e I e•__ 1 f z.,H.ne e�Vs or o,xeee I e- ac romw -,uuco s»w«. f1, I I�_ �XESTIN6 I fill+ j ,; yI � tlX12 v I 517E PLAN en I — ;l mi !1Zn1 vserw w I� I II � I I DATE: AUSUST e 2012 SHEET I OF 2 f --T 1101-1 NAP V-- LATA aHe• a. c.n _ _- _ �vaa iee san tN' len 1 Y."y - Att- � I J ! "'r-__, __ 1 I �rew�n_e_sxm. �� ,.0 or e I e•__ 1 f z.,H.ne e�Vs or o,xeee I e- ac romw -,uuco s»w«. f1, I I�_ �XESTIN6 I fill+ j ,; r . Pxr� 6PL RgMF Df 6L I A. rl,.,a•lb 517E PLAN en SITT=PLAN GIN OF SOVTHLAKE — ;l mi !1Zn1 vserw w wwamx nAuseema! I I DATE: AUSUST e 2012 SHEET I OF 2 f --T 1 — 4} orarwm.y xey. -4, "Sr6D _ 1 E u NDACCSSS R04D ° ) 1 1 STATEN/ ,,:,41 14 lir �� I SITC LAN -' - Mu�!a.PG� h:RTH re e � n FLOOR P -A14 CLEARVIEA EYECARE 6 LASER CENTER 2100 E 5 -ATE H 11= -CT: E 6.Je<: E ERIAR D ESTATES, Pr 5E I SOJTHLAeE TARfAr COH . TEXAS ,"2 uRcwvr. w.ew2 mn 517E PLAN en SITT=PLAN GIN OF SOVTHLAKE Blake Architects APPROVED mi !1Zn1 vserw w wwamx nAuseema! DATE: AUSUST e 2012 SHEET I OF 2 (SOUTH) FRONT ELEVATION (EAST) SIDE ELEV TION (YC5T) SIDE ELEVATION (NORTH) REAR ELEVATION BUILDING ELEVATIONS 51TE PLAN OY ITOF 5MTHLAKE APPROVED NTbVN. PCH MOI NIM:ItlS NM ICwt M CONl1GT eeM NII [0000. OIIOIN4100 �Nnrelr w rnuwar eeevrn •rrw`a er �� $ LASER CENTER weal. wo m ��n«u.s mn. e��drra v° Blake Architects w Is�w) evn� .m s...rt owls wow. aea . � SPIMI�2 �[YAS ]OE DATE: AU6U5T 10, 2012 SHEET 2 OF 2 .__ � iR NA9Mp4RD I� �NNIIF:S.L� II �.-_ ti"LL4rlt �q IPrr / IIIIQ __ (N RaFruFPRDI __- —18 3GNO, ii er. (6�5i)� - SIER lD31NG waNnv MRP - -� r-_Wle•ST@pVNO Act 17s uN, Pr �NETSCAPE NOTES wth pn Sr4 7E 40,40 sIII I_� IV.Irnn .wID7h o ,0.yJ 4 yr SG)F. IR ZQr-� ��— . ,.. - ,� �wl"�4r`• WF....,..rrN,,..Fw .ry�w �� Wim. IQ ArR e ri I Nee: u -Iger 2 6M N[ S rNMus 8 Gk,3cr j-- CEGiRfl1A 3 68 MJ. 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ID' IR' f111.1 N; N3RIE t [R10Pfl U.JN 1ti1M11A$ 20E IGAL MENS LW.—FLS �"•rs'+vN ERAa1LL se:NLLIINnRnaNr sheet 26e ,• for lYP[ ltr RE —T.— sliEE�EaI'IG--- Star -Telegram 808 Throckmorton St. 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 CITYIOF Sales Mise Fee THE STATE County of Ta Before me, the Star -Te that the att,, (817) 215-2, SUBSCRI Thank'Y INVOICE DFC 2 7 2012 DEC 19 201, OFFICE 0 I CIT - S;:7^I'?�'-rn . ,. CITY OF SOUTHLAKE, TEXAS ORDINANCE -NO. 480; 7a AN ORDINANCE,AMENDING ORDI- NANCE 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 `-DE- SCRIBED AS LOT B, BLOCK B, i BRIARW.00D ESTATES;: AND ;BE- ING " 1:523 ACRES, AND '.MORE FULLY AND COMPLETELY. DE- SCRIBED, IN EXHIBIT "A" FROM "S -P-111 .DETAILED SITE PLAN DISTRICT WITH ` 11C-211 LOCAL - RETAIL DISTRICT USES TO "S -P-1" DETAILED SITE PLANDISTRICT WITH 11C-211 LOCAL -RETAIL OTS- TRICT 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 ZON- ING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING OR- DINANCE;, DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING 'CHANGES AND AMENDMENTS HEREIN ' MADE; PROVIDING. THAT THIS ORDI- NANCE SHALL BE CUMULATIVE VIDING FOR !A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVID- ,ING AN EFFECTIVE DATE. 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 tb exist shall constitute a separate offense. Passed and approved this the 6TH day of November, 2012 during the regular City Council meeting. Mayor: Joh¢ Terrell Attest: Ahaa Richardson, City Sec- retary 13580 1 61 Customer ID: CIT57 Invoice Number: 323488881 Invoice Date: 11/16/2012 Terms- Net due in 21 days Due Date: 11/30/2012 PO Number: 21200238 Order Number: 32348888 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 11/16/2012 61 LINE $17.30 $1,055.42 ($961.11) $10.00 Net Amount: $104.31 CHRISTY LYNNE HOLLAND Notary Public, State of Texas N:« My Commission Expires July 31, 2016 �unna` and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for 1, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say published in the abovenamedpaper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM ,THIS Sunday, Notary Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 323488881 $104.31 21200238