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480-634CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-634 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 TRACTS 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.45 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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 "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 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 and 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 DESCRIBED AS TRACTS 8B & 8602A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.45 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN AND TREE CONSERVATION PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B". 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 5th day of February, 2013. MAYOR ATTEST: �y•.•......®eeF„, CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 19th day of February, 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: (�' cxc --� , CITY ATTORNEY DATE: 4' ez 'l� ADOPTED: EFFECTIVE: EXHIBIT "A" Being on property described as: TRACTS 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS C ON fl'-�T(J' M HOMES SQUARE FOOTAGE M'T`` ES DENCE SITE PLAN I A 1 0 1 1 - - -- ------ -- --- ----- --- - ----- --- ON fl'-�T(J' M HOMES SQUARE FOOTAGE M'T`` ES DENCE SITE PLAN I A 1 0 1 1 AUTUIN CREEK DOC. NO. D21010810 P.R.T.C.T. fend ilY Ira N 7257'W CYNTHIA A. IIA INH VOL. 16670, M. 9 ST 59' QO' E D.R. 65.80 PROPERTY DESCRIPTICH GEM A 1.30 are vat o{ y .It,wted F the Tlarp. N Lbod iN are Sway. 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Nat, puerady alarq a Ivbd u dl.la.a a heli f«l b a fwd 3/e Kh km rd al lb most rwlierly rartl.ueel rower d lMs trot, (FENCE Nath 09 dada. 4) I—— W .acnW Eat (bol. or Wmkp from doramanllmaA dead D201169963), parsrallr tla+a a I—Wd wire i.rco, a d.tarce of I.T W fat w tlr HOIN I" Op BEGINNING wd amttlnkp 59,931 .ryara fat a 1.30 are of Imd. 1125 IS TO DECLARE them LM. dole A sway am mde m the .road, oder my drnum ad warvl.lm a th. dwya aewTWJ root ar 1oro. TM . ore ro -bl. aj T1 t , 461a wldr,c. d ,mt. m rlpM-a-.oy, a moua.ar., euW a law., ed Ds: tNe da. tis .mrnmt., Iphts-d-uoY m N..d acoGbb mtllm. a #orad a wMch tie vdarp<d ha krlmalada. m ha b.m gdvbd as m .hwu+ a rota. Foram Tho 1aat property dato Ila withF lro Iknit. of . 1W-y.m fbd I d dep tq eW Napo. pbrot b.ied by tM Fadrm Frr,.rprcr Ibvpenrot Ap "and Iv a Pare '%' qutYy Jawn by Fop ib. 40439C0006K, d2d SEPTEMBER 26, 201. tie ttlmr,srt idt' t{wa ty dm daen rat Ib wlthF a IW-vur Toed ro-. i. M to W nar a a aireeadgtbn that the TropartY wlll a wIi rot fwd. TN, e,rvcy la r<L b b aced fa cretrvcllm plapo.a atd ,ua Forams. wlthat tW r.y4mxnl a bae11 121 le Itmed. Il« a thb fa any otM pales« ar by w�« aM IatNs W rt thele a,n risk ad tie wdaabed h rot ..Pa'.bb fa my dl TNs I. b ItI * khoe r rvey va,iect a arty ad cavern . and reavktime d r«ad perlalnp to he prapaM1v. NOTES . TREE. CN - CONTROLLING rICNUNEHT. TIM - TEMPORARY DEhKHMRK. GONt_R INTERVAL ECVALS CNE FOOT. ELEVATIONS ARE BASED CN OPUS M5 (HAVO 19DD) OFARMS ARE BASED ON DEED RECORPED IN POC. NO. 0 1599L3, P.R.T.C.T. ALL SET IRON ROPE HAVE A PLASTIC CAP 5TAF P #PRECISE LAW SURV.' 18 - PROTECTEDTREES 10 - BORDERLINE TREES Nur dneFter eel .......... ' a..sto ell IIauPPen.pdarmapnaarbbfs- 0-2096lJ�J9{I N. WHITE CHAPEL 6OULEVARD TREE CONSERVATION PLAN r fIBSRUAM A HALL J20.9G-F.F 0?,: 'VEp. CITY CASE # "ZA 12-118" ~. 0) XagW -floor -MW]jZ;to I. LL vP �Zj0j.2 i��UC U� F- W r 19 N C ` L d ¢ (L v J Q U=� Q W Z =�0 �- C) Z } Z �Ucr H it: 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 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, CITY OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY -OF Sales Disc 'WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS Misc Fee TRACTS 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706 CITY `OF SOUTHLAKE, TARUNT "COUNTY, TEXAS BEING APPROX- -IMATELY 1.45 ACRES AND MORE "FULLY AND COMPLETELY DE- -crD1Dcn ini CV.1- 1, 11 f .. `SF -IA" SINGLE: FAMILY REST 'DENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND 'INCORPORATED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN . THIS ORDINANCE; `CORRECTING THE OFFICIAL ZON- ING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING OR- DINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS SAND GENERAL WELFARE DEMAND 'THE ZONING CHANGES AND THE STA1 AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDI- County of ANANCE SHALL BE MULATIVE 30F ALL ORDINANCES; PROVIDING iA SEVERABILITY CLAUSE; PRO - Before me, �VIDING FOR A PENALTY FOR ounty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star- r, ''VIOLATIONS HEREOF; PROVIDING le ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and sa A SAVINGS CLAUSE; PROVIDING g ty, g y p y that the att ,CIAL NEWSPAPER AND aRo°vl�- �t was published " the above named paper on the listed dates: BIDS &LEGAL DEPT. STAR TELEGRAM (817) 215- ING AN EFFECTIVE DATE.. Any person, firm or corporation who violates, disobeys, omits, neglects Signed or refuses to comply with or who -4esists the enforcement of any of SUBSCRIE -ithe provisions of this ordinance ,ME, THIS Tuesday, _shall be fined not more than Two .Thousand_. Dollars _($2,000,00)for ; Notary each offense. Each day that a Nota Public, each is permitted to exist shall constitute a separate offense. Passed and approved this the 19TH ,day of February 2013 during the "regular City Council meeting. 11�ayo❑ John Terrell ,Attest. Alicia Richardson City Sec- INVOICE V'� R - 5 2013 I3580 Customer ID: CIT57 Invoice Number: 324537001 Invoice Date: 2/22/2013 Terms: Net due in 21 days Due Date: 2/28/2013 PO Number: 21300100 Order Number: 32453700 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/22/2013 1 61 61 LINE $17.30 $1,055.42 ($961.11) $10.00 Net Amount: $10431 CHRISTY LYNNE HOLLAND Notary Public. State of Texas 9, : My Commission Expires July 31, 2016 , 2013. Thank }etary- V - - - - - - --- -,11t ---------------------------------------------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 324537001 Invoice Amount: $104.31 PO Number: 21300100 Amount Enclosed:- wa r 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 INVOICE FF�� "R 2 � i PUBLIC HEARING NOTICE CITY OF I3580 ,:. Sales Discount Misc Fee 01 ' 0rrF,C THE STATE OF TEXAS County of Tarrant 1 Customer ID: CIT57 Invoice Number: 324300861 Invoice Date: 2/2/2013 Terms: Net due in 21 days Due Date: 2/28/2013 PO Number: 21300100 Order Number: 32430086 Sales Rep: 073 Description: PUBLIC HEARING Publication Date: 2/2/2013 78 1 78 LINE $17.28 $1,348.16 Net Amount: J��PY Pqy� CHRISTY LYNNE HOLLAND Notary Public, State of Texas My Commission Expires ev��;�•`F July 31, 2016 ($1,224.78) $10.00 $133.38 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 swom, did depose and say that the attached clipping of an advertisement was publish ecj igthe above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 t( � A _ d_% t SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Febru013. Notary Public It te, -1 . -A Thank You For Your Payment --------------------------------------------- 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 324300861 $133.38 21300100 PUBLIC HEARING NOTICE CITY OF SOUTHLAKE, TEXAS Votice is hereby given too all inter- ested persons that the City of Southlake, Texas, will consider the following items in the Council Chambers at Town Hall, 1400 Main Street, Southlake, Texas for a Public Hearing to be held by. City Council on Tuesday, FebFuary 19, 2013, at 5:30 p.m. or immedi- ately following the City Council Work Session, will hold a public hearing and consider: • Ordinance No. 480-620 (ZA12-030), Zoning Change and Site Plan for . Marshall Creek Ranch on property described as Tract 7A, R. D. Price Survey, Abstract No. 992A, City of Southlake, Denton County, Texas, and located at 4401 T. W. King Rd., AG - Agricultural uistria. Ke - quested Zoning: S -P-2 Generalized Site Plan Zoning District. SPIN; Neighborhood • Ordinance No. 480-634 (ZA12-118);;;? Zoning Change and Concept Plan, ; for 1150 N. White Chapel Blvd. on,; property being described as Tractsi 88 & 8B02A, T.M. Hood Survey,` Abstract No. 706, City of Southlake, Tarrant County, Texas andlocated at 1150 N. WHITE CHAPEL BLVD., SOUTHLAKE, TX. The Current Zoning is "AG" Agricultural Zoning District. The Requested Zoning is "SF -1A" Single Family Residential Zoning District. SPIN Neighborhood #.7. • ZA12-119, Site Plan for Chick-fil-a. on property described as Lot 4, Block 1; Perry/Allen Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2301 E Southlake Boulevard, City of Southlake, Texas. Currant zoning is "C-3" General Commercial Dis- trict. SPIN Neighborhood #8. • Resolution No. 13-007 (ZA13-015), Special Use Permit for Chick-fil-a to allow construction of a proposed storage building attached to the existing dumpster. on property described as Lot 4, Black 1; Perry/ Allen Addition, City of Southlake, Tarrant County, Texas and located at 2301E Southlake Boulevard, City of Southlake, Texas. Current zoning is 11C-3" General Commercial Dis- trict. SPIN Neighborhood #8. • Resolution No. 13-008 (Consider: ZA13-002), Special Use Permit for sales and service of used auto- mobiles, trucks or motor homes for Richmond Cars on property de scribed as Lot 1, Block 1, J.N. Gibson No. ant Addition, Texas and locof lated Tarrant County, at 1215 Brumlow, Avenue, City.of Southlake, Texas. Current Zoning is "I 1" Light Industrial District. SPIN Neighborhood #8 All interested persons are urged to attend. City of Southlake Alicia Richardson, TRMC City Secretary