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480-213CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -213 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 A PORTION OF LOT 5 AND A PORTION OF LOT 6, BLOCK 3, CIMMARRON ACRES ADDITION, BEING APPROXIMATELY 7.039 ACRES SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL 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 L:\CTYDOCS\ORD\CASES\480-213.SFI Page 1 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, 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: L:\CTYDOCS\ORD\CASES\480-213.SF1 Page 2 Being a portion of Lot 5 and a portion of Lot 6, Block 3, Cimmarron Acres Addition, .:. being 7.039 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "C -2" Local Retail Commercial District to "SF-IA" Single Family Residential 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, 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 L:\CTYDOCS\ORD\CASES\480-213.SFI Page 3 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. PASSED AND APPROVED on the 1 st reading the day of 4o,/4w , 1996. ATTEST: PASSED AND APPROVED on the 2nd reading the L day o 6. _/ L:\CTYDOCS\ORD\CASES\480-213.SFI Page 4 1 co w o APPROVED AS TO FORM AND LEGALITY: kO,4 0 try CITY ATTORN DATE: 6 ADOPTED: EFFECTIVE: Nxfl4a ATTEST: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-213.SFI Page 5 EXHIBIT "A" Being a portion of Lot 5 and Lot 6, Block 3, Cimmarron Acres Addition to the City of Southlake, as recorded in Volume 388 -181, Page 08, Plat Records, Tarrant County, Texas, said real property being situated in the Jesse G. Allen Survey, Abstract No. 18, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of Lot 6, Block 3 of said Cimmarron Acres Addition; THENCE N 90 0 00'00" E, along the south right -of -way line of Jordan Drive at 200 feet passing the northwest corner of said Lot 5, and continuing in all a distance of 860.69 feet, to a point of curvature of a circular curve concave to the northeast having a radius of 50.00 feet, a central angle of 133 0 17'22 ", and a long chord bearing N 76 0 28'42" E, a distance of 91.81 feet; ^° THENCE Southeasterly and Northeasterly, along said curve an arc length of 116.32 feet, to a point for corner; THENCE S 80 0 11'53" E, a distance of 332.28 feet, to a point for corner; THENCE S 00 0 04'36" W, a distance of 203.42 feet, to a point for corner; THENCE 89 " W, a distance of 1277.46 feet, to a point for corner in the east line of Pearson Lane; THENCE N 00 °00'00" E, a distance of 246.63 feet, to the POINT OF BEGINNING, and containing 306,603 square feet, or 7.039 acres of land, more or less. L:\CTYDOCS\ORD\CASES\480-213.SFI Page 6 Star-Telegram FED. ID. NO. 22-3148254 AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS 3ounty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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: r DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 11/08ME 1008092 CITY OF SOUTHLAK I358 1x 77L 77 . 66 50. 82 C4135 ORDINANCE NO80-2 11/0 8-11/0 8 AN ORDIANCE AMENDING OR • - `" DINANCE NO. 480 AS - - AMENDED,T HE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS -. _.... _._.. _. GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- TEXAS BEING A POR- TION OF LOT 5 AND A POR- TION OF LOT 6 BLOCK 3, CIMMARRON ACRES ADDI- TION,BEING APPROXIMATE- LY 7.039 ACRES SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND MORE FULLY AND --- COMPLETELY DESCRIBED • IN EXHIBIT "A' FROM C-2" LOCAL RETAIL COMMER- CIAL DISTRICT TO SF-1A" SINGLE RIOT,FAMILY RESIT N-TO S i �• TIAL DISTRICT SUBJECT TO J IbDN THE SPECIFIC REQUIRE- - MENTS CONTAINED IN THIS RODINANCE; CORRECTING S THEOFFICIIALZONINVING ALLO MP; SWORN TO BEFORE ME, THIS THE llth DAY OF NOVEMBER 1996 PORTIONS OF THE ZONING ORDINANCE;D DETERMINING✓•nt _ �.1.� F THAT THE PUBLIC INTER-.-� Y,,, yl�\.. EST, MORALS AND GENER- P."`�a�i+l RHONDA R. COKE Notary Public ����_Q; ..,..hc_....t_ AL WELFARE DEMAND THE•` 1'\ ` ZONING CHANGES AND f' •n', COMMISSION EXPIRES AMENDMENTS HEREIN �''r'r�•� MADE PROVIDING THAT, 8, 1999 THIS ORDINANCE SHALL BE�• 411 SEPTEMBERh TARRANT COUNTY,TEXAS CUMULATIVE OF ALL ORDI-,,,F;o�•�'‘r ERNAABILITY C AUSE PROA VID-Iw�bv�'w'- ' ''—�"��'3 ING FOR A PENALTY FOR VI- OLATIONS HEREOF- 1 PROVIDING A SAVINGS!' ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PROVIDING AN EFFECTIVE. ---.A DATE. - Section 7.Any person,firm or I corporation who violates, disobeys,omits,neglects orAw• refuses to comply with or who resists the enforcement SI o isa no dionfa nthcee poav isieo nf odf not more than Teo Thousand ra Dollars ($2,000.00) for each offense. Each day that REMIT TO: PO. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 a violation is permitted to ex- ist shall constitute a sepa- rate offense ACCOUNT C I T 5 7 AMOUNT 50. 82 PASSED AND APPROVED NUMBER DUE THIS THE 5TH DAY OF NO- VEMBER 1996y,D�URING THE , REGULAR CITY COUNCIL MEETING OF THE CITY OF PAGE OFF IF ANY QUESTIONS, PLEASE CALL(817)390-7885 SOUTHLAKE, MAYOR $AY ATTEST:SANDRA L LEGRAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 1 PLEASE PAY 50. 82 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Star_Telegrani. FED. I.D. NO. 22-3148254 AD ORDER NO. 2654178 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS ounty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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: I DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 10/18ME 2654178 NOTICE OF PUBLIC I358 1x 84L 84 . 66 55 .44 I NOTICE OF PUBLIC HEARING 1 0/1 8-1 0/18 NOTICE is hereby given to all interested persons vthat othe City Council of the City of Southlake, Texas, be iingholding the Reg ear City blic ICo Council meeting to be held on No- vember 5, 1996, beginning at 6:00 p.m. in the City Council Chambers of City • Hall 667 Nort Carroll nue, Southlakeh v Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF ORDINANCE NO 480-2135 AN ORDINANCE NO AMENDING 480., AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI • - NANCE OF THE CITYX OF AS SOUTHLAKE, GRANTING A ZONING CHANGE ON A CERTAIN c l TRACT OR TRACTS OF LAND J WITHIN THE CITY OF SOUTH- LAKE,TEXAS;BEING A POR- TIONc OF LOT 5 AND A FOR- Sl CIMMARRONTACRES ADDICK -DWORN T E 72ND DAY OF OCTOBER 1996 TION,BEING APPROXIMATE- -RN' l'v4r LY 7.039 ACRES SITUATED 'yt'' RHDNDA R. GDKE INTHE JESSE G.ALLEN SUR- ;Z. •.r,�, VEY, ABSTRACT NO. 18 ;.'--. •% COMMISSION EXPIRES Notary Public "�+'1 -d-c'� • 1E4-04e_k_, AND MORE FULLY AND 4• COMPELTELY DESCRIBED IN EXHIBIT "A" FROM "C-2" ih�r..,,,,..'+P' SEPTEMBER 8, 1999 LOCAL RETAIL COMMER- CIAL DISTRICT TO SF-1A" TARRANT COUNTY,TEXAS SINGLE FAMILY RESIDEN- TIAL DISTRICT SUBJECT TO THE SPECIFIC CONTAINEREQUIRE- MENTS IN ORDINANCE; CORRECTING I THE OFFICIG ALLINO HEPf4 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PORTIONS OF THE ZONING • ORDINANCE; DETERMINING, TEAR ALONG THI' PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT THAT THE PUBLIC INTER- - ------A __- EST,MORALS AND GENER AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTSDO HEREIN I �1 r.1 1L-oa A� - A /MADE PROVIDING L BEJl�Wn THIS MADE, SHALL BE I StCUMULATIVE OF ALL ORDI NANCES•PROVIDING A SEV ERABILITY CLAUSE;PROVID• F ING FOR PENALTY FOR VIO ra CATIONS HEREOF REMIT TO: 101. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI ACCOUNT CI T 5 7 AMOUNT 5 5 .44 PROVIDING AN PEFFEC- TIVE DATE. Section 7.Any violates des orvon,firm or PAGE 1 OF� corporation whoIF ANY QUESTIONS, PLEASE CALL(817)390-7885 obeys,omits,neglects or re- fuses to coyly with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars (S2,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. City of Southlake %s/Sandra L.LeGrand, SOUTHLAKE City Secretary 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 55 .44 PLEASE PAY THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED