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480-132CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-132 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 PROPERTY LEGALLY DESCRIBED AS 0.512 ACRES, BEING A PORTION OF LOT 5, PARKER'S CORNER ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-l" SITE PLAN DISTRICT, 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 "C-2" Local Retail Commercial 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 niunediate 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 f'md 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 comanunity. 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 property legally described as 0.512 acres, being a portion of Lot 5, Parker's Corner Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "C-2" Local Retail Commercial District to "S-P-1" Site Plan District as depicted on the approved Site 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 defmitions 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 furore; 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, finn 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. reading the t~ day'"e('~//'4t/J'of , 1994. PASSED AND APPROVED on the 1st z~Vi ......~ ,~, ~p~,~__~,AY,~OR~~ A . ~ AWEST: ITY SEC~TARY ...,,.\x... ...... _cO >,. -," MAYOR ...- ,.- ~. \ ;% __--' ~} ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C /ORI)/ZONING\480 132 Page 5 EXHIBIT "A" LEGAL DESCRIPTION LOT 5R3 P~d~F~ER'S CORNER ~ING 0.§12 acre tract of land located iR the JESSIE G. ALLEN B~RVaY, Abmtract No. 18, Tarrant County, Texa$~ being a portion of Lot 5, Parker's Corner Addition to ~he City of Southlake, Tarrant County, Texa~ according to the plat recorded in Volume 388-150, page 49 of the Plat Records of Tar~ant county, Texas being more particularly described by met~ and boundm aa follows: ~CING at s point in the East boundary line of said Lot Parker's Corner Addition and the So~th right-o£-w=y line of Southlake Boulevard (F.M. Road No. 1709, a l~O-foot width right- Of-Way); T~ENCE $ §1'26'34"W, along the South right-of-way line of Southi~k~ Boulevard, 113.86 feet to th~ PI~%C~ OF BEGINNING; THENCE S 38'33'26"E, 210.03 feet to a point in the North line of a 1.049 acre Drainage Easement ~eeorded in Volume 9882, page 396, Deed Record~ of Tar~ant County, T~ISNC~ S 51'26'34.W, 110.0o feet along said easement; T~NCE N 38'33'26"W, 144.43 feet to a point; ~C~ N 17'41'44"W, 70.20 feet to a point in the South right-of- w~y line of Sout~lske BouleYard (P.~. Road 1709); TKENCE N 51'26'~4"E, 85.00 feet along said right-of-way to the PLACE OF BEGINNING, containing 0.512 acre (28,523 feet) of land. C:\ORD\ZONING\480132 Page 6 EXItIBI T 'B" 7O9 {SOUTH { 130 R 0 W ) Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS ty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE JUN 24 2696548, CL . 358 1X73L 73 .46 33 . 58 P . O . # ORD 480-129 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- Il of the City of Southlake, Texas,will beholding a public hearing during the Regular City Council meeting to be heldon July 5 1994,be Inning at 7:00 p.m.the meeting will beheld in the City Council Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of • the public hearing is to consid- er the followin ordinance: CITY OF E ASFILM( ORDINANCE NO.480-132 AN ORDINANCE AMEND ,71t. 11114A0ellAno - 1 SNECTEAAMEDDH OM- SUBSCRIBED AND SWORN TO BEFORE MEo No"NCESOFrHE"clrroF TH Y OF JUNE, 1994 • SOUTQA1 KE TEXAS- 1TRACLANDLANDN THE CITY DE SOUTHLAKE TEXAS TARRANT COUNTY, TEXAS BEING PROPERTY LE- G('ALLY DESCRIBED AS 3.512ACRE5 BEINGAPOR- TION OF LOT 5,PARKER'S CORNER ADDITION, AND I !% INDAK. B1 MORE FULLY AND COM•E �:T FROM C �}r• + LOCAL RETAIL COMMER- 13• CIAL DISTRICT TO"S-P-1" ,� �� COMMISSIOl9 EXPIRES JECT O THE SPECIFIC SUB- '�-• -• SEPTEMB[11 13, 1997 SITE LA THE SPECIFIC ttf.,,•,•, '� REQUIREMENTS IN TH ORDI- NANCE,- SSr �� � "� CORRECTING THE OFICIAL ZONING ' MAP•E PRESERVING ALL I OTHR PORTIONS OF THE r' TEAR ALONG THIS PERFORATION AND ZONINTERMG ORDIING N NCE;D- DRTION WITH YOUR PAYMENT PUBLIC INTEREST,HATMOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- AMENDMENTSEHEREIN 400 W . SEVENTH, FW, TX 76102 HIDSE6RDINANDCEGSHALL BE CUMVE OF ALL Fort Wort hSta r-Tele gTIONS PROVID- ING A SAVINGS CLAUSE: CIT57 Due 33 . 58 PROVIDING FOR PUBLI- 3 `:•. ' CATION IN THE OFFICIAL \� 3 NEWSPAPER AND PRO- - g% VIDING AN LFFECTIVE PAGE DATE tti " City of Southlake Texas /s/Sandra L.LeG`rand City Secretary CITY OF SOUTHLAKE • 667 N CARROLL AVE 33 . 58 SOUTHLAKE TX 76092-9595 PLEASE PAY lb. THISAMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS County of Tarrant me, a Notary Public in and for said County and State, this day SBefore personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates: TOTAL DATE AD INVOICE NO.; DESCRIPTION AD SIZE �, RATE AMOUNT JUL 08 2704555� CL . 358 1X96 L 96 . 46 44 . 16 July 8 ppCITYYR OF SSEcO SOUTHLAKE, INGOORDNANCE NO.AMEND- ING AS AMENDED THE COM- PREHENSIVELONINGOR- pINANCE OF THE CITY OF SOUTHLAKE TEXAS' GRANTING A ZONING` " CHANGE ON A CERTAIN ' TRACT OR TRACTS OF - LAND WITHIN THE CITY JF SOUTHLAKE TEXAS, BEING PROPERTY LE- GALLY DESCRIBED AS • 0.512ACRES BEINGAPOR- TION OF LOI 5 PARKER'S CORNER ADDITION, AND COM- PLETELY,DESCRIBEDED IN EXHIBIT "FROE • LOCAL RETAIL G N• DA a "-j,� ^r LITR , SUBSCRIBED AND SWORN SITEPLANDISTRICTSUB- , HIS THE 12TH -DAY OF JULY, 19 4 JECT TO THE SPECIFIC //�{(y/# / / REQUIREMENTS CON- '^lV W (C il RAINED IN THIS ORDI- NOTARY PUBLIC THE E• CORRECTING THE OFFICIAL ZONING MAP, PRESERVING ALL OTHERPORTIONSOFTHE TARRANT COUNTY, TEXAS ZONING ORDINANCE;DE- TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- I "�. '.`�o. LINOA N. BLEVINS ING CHANGES AND s ' .0 AMENDMENTS HEREIN I'?- n� MADE,PROVIDING THAT I •i COMMISSION EXPIRES 1 THIS ORDINANCE SHALL a .. BE CUMULATIVE OF ALL . ,�'Ii' tr SEPTEMBER 13, 1997 • ORDINANCES PROVID- 6�r�......�‘_ ING A SEVERABILITY N%,.Mi,N- CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- TIONS HEREOF-PROVID- ING A SAVINGS`CLAUSE; TEAR ALONG TF PROVIDING A• ION IIN THE OFFICIAL RETURN THE LOWER PORTION WITH YOUR PAYMENT ✓• WNGA ANRLFFEDCTIVOE DATE; Section 7.Any person firm disoobepy°s,omits n°eglectseor REMIT TO : 400 W • SEVENTH, FW, TX 76102 refuses to comply with or who Fort worth than swo T heenf fined o of the provisions of this ordi- gFIUIT TOE :. T 2051 nance shall be fined not more Js,kJ�A Jt J�n nRiX Thaan Two Thousand DollarM tS2,000.00) for each offense. 2704555 Each daythat a violation is ACCOUNT AMOUNT permitted toexist shall consti- NUMBER C I T 5 7 DUE 44 . 16 tute a separate offense. Section 8. All rights and remedies of the City of South- lake are expressly saved as to 1 any lof violations O dinance the 480 as amended,or any other which have affecting zoning t time of the effective date of this ordinance;and,as to such accrued ccrued violations and all l andrdllathehndcimn1,litigation, Ing In court or not,under such ordinances,same shall not be affected by this ordinance but may be ros�eYYcuted until final disposition by the CITY OF SOUTHL BY THE SOUTH- ", OF LAKE THIS THE 5TH DAY 667 N CARROLL OFJU'LY 1994. /s/Gary Hickes PLEASE PAY 44 . 16 SOUTHLAKE Mayor of South(ake ?-9 5 9 5 THIS AMOUNT Attest: A T T N: CSandraSecretary L. rand, /s/Approved as to Form: i /s/E.Allen Taylor,Jr., I City Attorney PLEASE WRITE IN AMOUNT ENCLOSED