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480-137CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-137 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSWE 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 1.997 ACRES OF LAND SITUATED IN THE G.W. MAIN SURVEY, ABSTRACT NO. 1098, TRACT 2E, BEING A PORTION OF A 3.68 ACRE TRACT OF LAND, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-I" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, SUBJECT TO THE SPECiFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OlqqCIAL 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, WIfEREAS, pursuant to Chapter 21 I 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 anmnd said ordinance and map for lhe 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 "SF-1" Single-Family Residential 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 bc 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 fbr 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 a 1.997 acre tract of land situated in the G.W. Main Survey, Abstract No. 1098, Tract 2E, being a portion of a 3.68 acre tract of land, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "SF-I" Single-Family Residential District to "C-2" Local Retail Commercial District. 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, thc 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 enlbrcement 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 thc 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. PASSED AND APPROVED on the 1st reading the .5'" daz of~-,~ A, 1994. ATTEST: CITY SECRETARY CITY SECRETARY Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY /~ D^TE: ~~,,l~q~ ^DOPT~: ~ / ' EXHIBIT "A' COHHON~Y K~O~H ~ KI~,Lt, ~.O A~I~ HI TH~ '4~ST ~IIE oF S~ ~AI~: SU~ '~y~ fort Worth Star.Ie1egram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 " STATE OF TEXAS inty 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 JUL 22 3009900 CL • 358 1 1X76 L 76 . 46 34 . 96 july 22 P . O . # ORD . #480-137 CITY OF i ---- gOUTHLAKE TEXAS ORDINANCE NO.480-137 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- •. PREHENSIVELONINGOR- DINANCE OF THE CITY OIF SOUTHLAKE TEXAS•I GRANTING A LONINGI - ------------ CHANGE ON A CERTAIN TRACTTRACTSOF LANDITLTHEY • OF SOUTHAKETEXAS LSERNSHLANDITUATDITE ' G.W. MAIN SURVEY AB-SSTRACT NO. 1098 TF�ACT �� 2EBEINGAPORYIONOFAi SIGNED ! 3.N8 ACRE TRACT OF 'RE A D )) . . AND COMPLETE FULLY RE ME , THIS THE 25TH DAY OF JULY 1�4 FROM ' FEXHIN LE NOTARY PUBLIC - /_FROM SCRIBED SINGLE 'I FAMILY RESIDENTIAL �.� I ,, !!' .- --- DISTRICT TO"C-2"LOCAL [j ��t`--- TAIL coUBECCIAL' TARRANT CO' TY, TEXAS THE DISTRICT, TCISUBJECT IC RE UIRE- . MENTS CONTAINED IN THIS ORDINANCE; DE- TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- ING CHANGES AND r•; Ye AMENDMENTS HEREIN �1•' BLE . MfADEORDINANCE SHALLOR �`,• .�� ® :SSIOf EXPIRES ORDINANCES-CUMULATIVE ti�`>� K'*i S£PTEMBER s PROVID- ING A SEVEI4ABILITY i�. 1997 . . f�' , CLAUSE,PROVIDING VIOLA _—TEAF INGNA SAVINGS'CLAUSE;ITION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----- PROVIDING FOR PUBLI- CATION IN THE OFFICIAL VIDING ANREFFECTIVOE DATE. REMIT TO : 400 W . SEVENTH, FW , TX 76102 Section 7.Any person,firm or , ram corporation who violates,F di- sobeys,omits,neglects or re- ortWorth 'fuses is all el i edn or ore `po,�yy�}Qs �,�p ��p��}-�,T��yp��7g�p,� resists theenfo s of this tof any R!I1YT TO• it* 1l Jl Jt 7l Jl Jl1 J'7' 1l 1C�Th!',1l/l Jl J�JC JC ll Jl 1',-2051 of the provisions of this ordl- ^^ ^ Jl 1', nance shall be fined not more ' than Two Thousand Dollars, ((52,000.001 for each offense. ACCOUNT AMOUNT 3009900 Eachday that a violation is NUMBER (ITS? DUE 34 . 96 permitfedtoexistshall consti- tute a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF I THE CITY OF SOUTH- : LAKE THISTHE19THDAY OF JULY,1994. I Gary Fickes, Mayor Southlake Attest: ; Sandra L.LeGrand, City Secretary Approved as to form: I CEity At.Allen torne Taylor Jr., CITY OF SOUTHLAKE • 667 N CARROLL AVE PLEASE PAY 34 • 96 SOUTHLAKE TX 76092-9595 THIS AMOUNT lb, ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tbrt Worth itar=Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day III 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-1- DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT JUL 0 2704507 CL. 358 1X76 L 76 . 46 34 .96 NfTIr'c O TE' r July 8 OTICEFIS HEREBY GIV• ER SONSthattheCitYCou. 11 of the CItyY of Southlake, ,exas,wllbeholdingapubllc - I• City ing dur'nmrthe Regular a to be Chambers of City held,.,, July iY, 199 ,' 4,be In ,,ing at7:00pp.m.The meeflnm will be held intheCltyCoun,.li Hall, 667 North Carroll Avenue,South lake, Texas. The purpose o1 thepubllchearling is toconsid- erCITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-137 • AN ORDINANCE AMEND • ING ORDINANCE NO. 480. AS AMENDED THE COM I DINANCE OF THE CITY OF I SOUTHLAKE TEXAS ' D i • SUBSCRIBED AND SWORN CHANGE ON A ZONINd OR TRACTS OF HI THE 12IH AY OF DULY, 19 0 LAND WITHIN THE CITY /� ~ OF 1 TEXAS_, NOTARY PUBLIC b `��� te I L BEING TUA ACRES O LAND SITUATED IN THE G.W. MAIN SURVEY AB 2ERBE NGAPORYIONOFA TARRANT COUNTY, TEXAS 3.68 ACRE TRACT OF _ LAND,AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT"A" FROM 'SF-1' SINGLE FAMILY RESIDENTIAL fir' Arr DISTRICT TO"C-9"LOCAL 2 • '%r4 LINDA K. BLEVINS RETAIL COMMERCIAL ff �� DISTRICT SUBJECT TO G Ai COMMISSION EXPIRES THE SPECIFIC REQUIRE- $S%''-- i MENTS CONTAINED IN y�; +� SEPTEAgBER 13. 1997 THIS ORDINANCE COR- RECTING THE OFFICIAL (✓(� ZONING MAP PRESERV- ING ALL OTHER POR- -TEAR ALONG THIS DINANCE-DHETERMIINING=TURN THE LOWER PORTION WITH YOUR PAYMENT THAT THE PUBLIC INTER- EST, MORALS DE GDE- MAND THE ZONING CHANGES AND AMEND- MENTS HEREIN AMADE' REMIT TO : 400 W . SEVENTH, FW , TX 76102 CCUMULAT I V E OF ALL OR- T mpg FortWorth DINANC BI PROVIDING A RFPnIT TO' P 1 T yT�j 2051 BILITY CLAUSE; XA /��/1/1� /�/� � AA PROVIDING FOR A_PEN- ALTY FOR VIOLATIONS HEREOF; PROVIDING A ACCOUNT AMOUNT 2704507 SAVINGSCLAUSE- PUBLICA- TION NUMBER CIT57 DUE 34 . 96V FOR IN THE OFFICIAL NEWSPAPER. AND PRO- VIDING AN EFFECTIVE 1 DATE. City of Southlake Texas City a Secretary rand, — CITY OF SOUTHLAKE 11111 667 N CARROLL AVE PLEASE PAY 34 . 96 SOUTHLAKE TX 76092-9595 THIS AMOUNT1 ATTN : PLEASE WRITE IN AMOUNT ENCLOSED