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480-632CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-632 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 TRACT 3A, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.91 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "0-1" 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 "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 a portion of tract 3A, Obediah W. Knight survey, Abstract No. 899, City of Southlake, Tarrant County, Texas being approximately 0.91 acres and more fully and completely described in exhibit "A" from "AG" Agricultural District to "0-1" Office District, as depicted on the approved site plan attached hereto and incorporated herein as exhibit "B" and subject to the following conditions: • Approval of the following variance requests: 1) Ord. 480, Section 39.2(b) 8' Solid fence requirement along the along the east boundary line; 2) 5' Type `A' bufferyard along the south and west boundary; 3) Driveway Ordinance No. 634, as amended, driveway stacking depth. • The applicant shall provide a future stub to the property to the east in the northeast portion of the property to conform with the City's Cross Access Management Plan 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 15th day of January, 2013. (D41ck& MAYOR ATTEST: "ems' W'L CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 5th day of February, 2013. (Dekq-�k MAYOR Illlt ltry„ ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE.- b ADOPTED: EFFECTIVE: 4-- $ -0.20 / EXHIBIT "A" Being on property described as: A portion of tract 3A, Obediah W. Knight survey, Abstract No. 899, City of Southlake, Tarrant County, Texas ___________________ —--___-_ ELI I SITE PLAN GIN OF SOUTHLAKE �q APPROVED — LOT 7 �. iLL W+IFaE DEVELO'EMENf OLOURS MVIT TREE LANOF' REMAII: fill `7 osvcamoF lawlres l p —1 1 OF 2 p n niM:CUggMiM • • • U n �,el� _.-!---------------------------- va rte+ 3 ys t o0 BITE -T.._ llL1LW N I 0i W I 9 } 1 ® to !'iCINl11' MAP ALL LIGHT1146 5HJ L LDMPLT NTH THE LIGH: 1, ORDINAK'c N0. N63 TYPEGLGHTIGM.E A.KILED NARGARD O SPILL-OYEF. N 517E PLAN ZAI2-093 750 ALRES ""' . S , PT) NLLl- R. 1 MA R KIR FOR MM T 5A ZELDA OFFICE DEVELOPEMENT —KN10HT E;lRIV SWTHLAKE BLVD. A55iRALi KO. 89q WILLIAM R 1 SENA PYLKER DIOL. IZOS^ P9 1671 DRDLT V' L. 11059 P6. IblI DRDOT CITY OF EOJMLAK° tt of SOIRHLAKE TARRA.♦T fANtt TE*Ac -m sARRANf LOYHtt. TEAS -1609] rMak,"SITE ELI I SITE PLAN GIN OF SOUTHLAKE BLAKE ARCH APPROVED — 1202 S. While ChapH Ruad Suit,A S..thbkej'— 76(r)2 H174SR-9397 osvcamoF lawlres DATE DEGEMOER 11, 2012 Mn —1 1 OF 2 F I I I _T I r 1 � If a ._?d'.JSJ✓ fEvR�_- .i cep J�»n MEDICAL OFFICE ISS' BUILDINGP. LOT 'I' - - -- i ..���,, � I :�.. i ... I. icb— LU_ F'•�I .. - I - Fes. - L. L U n O 1� 1 1J rl I i L, �eLANDSGAPE PIAN. `Z thi CIAL NEWSPAPER; AND PROVID- Urfith sement was publish; named paper on e listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (8 ING AN EFFECTIVE DATE, Opy Person, firm or corporation who SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Fqbrtja� 12, 2013. 1 . a– � A Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ED: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 324381331 Invoice Amount: $102.60 PO Number: NO PO Amount Enclosed: PORTIONS OF , THE ZONING UK- DINANCE; -DETERMINING THAT THE- THE- PUBLIC: INTEREST, MORALS INVOICE — Star -Telegram "k45, CHRISTY LYNNE Customer ID: CIT57 808 Throckmorton St. 1 Invoice Number: 324381331 I Expires res My Commission ExPlres Commission FORT WORTH, TX 76102 PROVIDING THAT THIS ORDI- 'CUMULATIVE� Invoice Date: 2/8/2013 C� (817) 390-7761 A SEVERABILITY CLAUSE; PRO-. Federal Tax ID 26-2674582 VIDING FOR.A..,PENALTY FOR VIOLATIONS HEREOF; PROVIDING Terms: Net due in 21 days Dr said County and State, this day personally' appeared Deborah Baylor Norwood, Bid and Legal Coordinator for FEB 2 2013 Due Date: I Y20t Bill To: PO Numb gi-:�N_Q CITY OF SOUTHLAKE _R0 1400 MAIN ST OFFICEE Ci, -;;Order NuinaFe—t- 324-38133 STE 440 -M Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 2/8/2013 CIT-YM—F'SOUTHLAKE TEXAS & 11 ORDINANCE TAO NO. -632 AN ORDINANCE AMENDING ORDI- ' C111 NANCE NO. 480, AS A THE COMPREHENSIVE AMENDED, Notices 1 60 60 LINE $17.30 $1,038.20 ORDINANCE OF. THE ON OF SOUTHLAKE, TEXAS; GRANTING A violates, disobeys, omits, neglects or refuses to comply with or who Sal� ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND resists the enforcement of any of the ($945.60) WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS A provisions of this: ordinance shall be fined not more than Two Mid PORTION OF TRACT 3A OBEDIAH W. KNIGHT SURVEY, ABSTRACT Thousand Dollars ($2,000.00) for each .offense. Each day that a $10.00 NO. 899, CITY OF SOUTHLAKE, violation is permitted to exist shall constitute'a searate offense. TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.91 ACRES AND "Sed and appropved ththe 5TH is day of February 2013 during the MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT 6A6 FROM regular City Council meeting. 6AG6 AGRICULTURAL DISTRICT TO 60 -16 OFFICE DISTRICT AS DE- Mayor: John Terrell Attest: Alicia Richardson, City Sec - Net Amount: $102.60 PICTED ON THE APPROVED SITE M retay PLAN ATTACHED HERETO, AND INCORPORATED HEREIN AS EX- HIBIT, 6136, SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON- ING MAP; PRESERVING ALL OTHER thi CIAL NEWSPAPER; AND PROVID- Urfith sement was publish; named paper on e listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (8 ING AN EFFECTIVE DATE, Opy Person, firm or corporation who SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Fqbrtja� 12, 2013. 1 . a– � A Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ED: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 324381331 Invoice Amount: $102.60 PO Number: NO PO Amount Enclosed: PORTIONS OF , THE ZONING UK- DINANCE; -DETERMINING THAT THE- THE- PUBLIC: INTEREST, MORALS FEB 3 U — (_Q L3 "k45, CHRISTY LYNNE AND GENERALWELFARF,DEMAND THE ZONING CHANGES AND Texas S Texas Stateof Notary Public, S tOte of 1 -� AMENDMENTS HEREIN MADE; I Expires res My Commission ExPlres Commission Th, PROVIDING THAT THIS ORDI- 'CUMULATIVE� 01 6 July 31, 2016 C� NANCE SHALL 13E OF ALL ORDINANCES; PROVIDING, A SEVERABILITY CLAUSE; PRO-. VIDING FOR.A..,PENALTY FOR VIOLATIONS HEREOF; PROVIDING 13 d1 Dr said County and State, this day personally' appeared Deborah Baylor Norwood, Bid and Legal Coordinator for thi.0 SAVINGS CLAUSE; PROVIDING , FOR PUBLICATION IN.THE OrFl- � Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swum, did depose and say thi CIAL NEWSPAPER; AND PROVID- Urfith sement was publish; named paper on e listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (8 ING AN EFFECTIVE DATE, Opy Person, firm or corporation who SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Fqbrtja� 12, 2013. 1 . a– � A Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ED: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 324381331 Invoice Amount: $102.60 PO Number: NO PO Amount Enclosed: