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480-262CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -262 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 LOT 2, HALL MEDLIN NO. 1038 ADDITION, BEING APPROXIMATELY 4.855 ACRES SITUATED IN THE H. MEDLIN SURVEY, ABSTRACT NO. 1038, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, 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 "R -PUD" Residential Planned Unit Development District with "C -2" Local Retail Commercial District uses" under the City's Comprehensive Zoning Ordinance; and G:\0RD\Z0N1NG\480.262 Page 1 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 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 G: \ORD \ZONING \480.262 Page 2 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 4.855 acre tract of land situated in the Lot 2, Hall Medlin No. 1038 Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "R -PUD" Residential Planned Unit Development District with "C -2" Local Retail Commercial District uses to "S -P -1" Detailed Site Plan District with "O -1" Office District Uses, and 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 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 G: \ORD \ZONING \480.262 Page 3 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 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 1 ' day of , 199 r e� T ATTEST: ITY SECRETARY 1 ig1 i111110 1 " PASSED AND APPROVED on the 2nd reading the day of 9v: I ��� .O G: \ORD \ZONING \480.262 Page 4 ATTEST: pillill uIH� �i�yiy CITY SECRETARY AS APPROVED AS TO FORM AND LEGALITY: CITY O• DATE: EFFECTIVE: A Mll G: \ORD \ZONING \480.262 Page 5 EXHIBIT "A" G:\ORD\ZONING\480.262 Page 6 EXHIBIT "A" BEGINNING AT A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF COMMON GREEN 3 OF THE FINAL PLAT OF TIMARRON PHASE ONE SECTION TWO BENT CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET a SLIDE 1015 P.R.T.C.T.; THENCE S 00'31'32" W. ALONG THE WEST LINE OF SAID COMMON..-GREEN 3, A DISTANCE OF 404.28 FEET TO A 5/8" IRON FOUND FOR THE SOUTHWEST CORNER OF SAID COMMON GREEN 3, SAID POINT BEING IN THE NORTH LINE OF BLOCK 6 OF SAID TIMARRON PHASE ONE SECTION TWO; THENCE ALONG THE NORTH LINE OF SAID BLOCK 6, THE FOLLOWING FOUR COURSES AND DISTANCES; N 82'28'01" W. A DISTANCE OF 31.47 FEET TO A 5/8" IRON ROD FOUND; S 88'23'28" W, A DISTANCE OF 115.09 FEET TO A 5/8" IRON ROD FOUND; S 0038'50" W, A DISTANCE OF 5.00 FEET TO A 518" IRON ROD FOUND; N 89'44'48" W, A DISTANCE OF 420.15 FEET TO A 518" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE EAST RIGHT -OF -WAY LINE OF SOUTH WHITE CHAPEL BOULEVARD (VARIABLE WIDTH R.O.W.); THENCE ALONG SAID EAST RIGHT -OF -WAY LINE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 988.00 F�ET, A DELTA ANGLE OF 24'32'06", A. LONG CHORD THAT BEARS N 21'37'09" E A DISTANCE OF 419.85 FEET, AN ARC DISTANCE OF 423.08 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHWEST CORNER OF LOT 1 OF SAID LOT 1 & LOT 2 HALL MEDLIN NO. 1038 ADDITION; THENCE S 8944'48" E. ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 123.56 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" - SET FOR THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N 00'15'12" E. ALONG THE EAST LINE OF SAID LOT -1, A DISTANCE OF 77.16 FEET TO A 518" IRON ROD CAPPED "CARTER & BURGESS" ;SET FOR THE NORTHEAST CORNER OF LOT 1, SAID POINT BEING IN THE SOUTH RIGHT OF -WAY LINE OF EAST CONTINENTAL BOULEVARD (VARIABLE WIDTH R.O.W.); THENCE ALONG SAID SOUTH RIGHT -OF -WAY LINE, THE FOLLOWING TWO COURSES AND DISTANCES; ALONG A CURVE TO THE RIGHT HAVING A RADIUS 0$774.50 FEET, A DELTA ANGLE OF 11'43'10% A LONG CHORD THAT BEARS S 7$46'00" E A DISTANCE OF 158.14 FEET. AN ARC DISTANCE OF 15p.42 FEET TO -A 5/8" IRON ROD CAPPED "CARTER & BURGESS" . SET FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 825.50 FEET, A DELTA ANGLE OF 09'42'08", A LONG CHORD THAT BEARS S 77'45'29" E DISTANCE OF 139.62 FEET, AN ARC DISTANCE OF;__139.79 FEET TO 'THE -= POINT OF BEGINNING, AND CONTAINING 4.855 ACRES OF LAND, MORE OR LESS. X-6 j l F CA :I NOV 1 21 1997 s. CO URTYARD AT MARRON SOUTHLAKE, TEXAS F- 11 le sl I -Ja I � 4 T I - `� \y //` \\ iii.: g Pt i i �k� .�.�+ � .I. I I i.!�.��� i 4 > W.: 1 t P 4 t P il N I t I ji CNK ASSOCIATES, INC. Q j l F CA :I NOV 1 21 1997 s. CO URTYARD AT MARRON SOUTHLAKE, TEXAS F- 11 le sl I -Ja I � 4 T I - `� \y //` \\ iii.: g Pt i i �k� .�.�+ � .I. I I i.!�.��� i 4 > W.: 1 t P 4 t P il N I t I ji CNK ASSOCIATES, INC. Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 12179754 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared \Acv..r�.�-e_ 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 RATE AMOUNT INCH/LINE 12/19ME 12179754 CITY OF SOUTHLAK I358 1x 80L 80 . 79 65 . 00 CITY OF ROUTH1°AKE, I--__12119_12/19 TEXAS ORDINANCE NO.41s0-262 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS _.... AMENDED, THE COMPRE- HENSIVE _... .._-.. -..... - 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- LAKE,TEXAS BEING LOT 2, HALL MEDLIN NO. 1038 AD- . . __. DITION BEING APPROXI- MATELY -- 4.855 ACRES SITU- ATED IN THE H. MEDLIN SURVEY, ABSTRACT NO. 1038, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM"R-PUD" RESIDENTIAL • PLANNED UNIT DEVELOP- 'BENT DISTRICT WITH C-2°D_OCALIAL DISTRICT RETAIL U COMMER-OS-P SIGNED \ 'WLDISTRICTUSESTO S-P- l"DETAILED SITE PLAN DIS- TRICT WITH "0-1" OFFICE T SI TO DISTRICTH SPECIFIC REQUIRE-SWORN TO BEFORE ME, THIS THEE DAY OF P c-e-r^' tL , \ . MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER I ,� ,�. PORTIONS OF THE ZONING r* Notary Public T :4���1� -�- - ORDINANCE; DETERMINING -`�P ek'iNi RHONDA R. GORE THAT THE PUBLIC INTER- Fo.- AL WELOFARESDEMAND THE ir. �+ COMMISSION EXPIRES ZONING CHANGES AND 1.1 8 Iggg TARRANT COUNTY,TEXAS AMENDMENTS HEREIN �rtiv. :ty SEPTEMaER r MADE' PROVIDING THAT THIS ORDINANCE SHALL BE ��F„o;; CUMULATIVE OF ALL ORDI- ERABILTYCLOAUSE PROVlo ORIGINAL I VOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FOR VI- OLATIONSPROVIDINGSAVEHEREOF,'A SAVINGS- �� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT CLAUSE; PROVIDING FOR _ PUBLICATION IN THE OFFI- CIAL NEWSPAPER-AND PRO- VIDING AN EFFECTIVE DATE. Section 7.Any person,firm or l corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement ram of any of theaprovisions of this ordinance shall be fined not more than Two Thou- REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 sand Dollars ($2 000.00) for each offense. Each day, - ACCOUNT AMOUNT that a violation is permitted NUMBER C I T 5 7 DUE 65 . 00 to exist shall constitute a separate offense. PASSED AND APPROVED ON 2ND READING THIS THE IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PAGE 16TH DAY OF DECEMBER, 1 01 1997, DURING THE REGU- LAR CITY COUNCIL MEET- ING. MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY ih SOUTHLAKE, TX 76092-9595 THIS AMOUNT 65 . 00 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram F-EL). I U NULL 314tt254 AD ORDER NO. 11987015 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 57 TI-IE STATE OF TEXAS Jnty 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: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 11/07ME 1198701S NOTICE OF PUBLIC I358 1x 84L 84 . 79 66 . 36 _ 11/[37-11/07 — NOTICE OF PUBLIC HEARING MEOLIN NO. 1033 ADDI- TION,is hereby given to all in- TION, AND MORE FULLY .. --- -- - - -- --- terested persons that the ---—_ _..........._ . .....__ City Council of the City of AND COMPLETELY D Southlake, will be holding a SCRIBED IN EXHIBIT " FROM"R-PUD"RESIDENTI public hearing during the Re ular City Council meetin PLANNED UNIT "C " qq gg MENT DISTRICT WITH "C-2" to be held on November 18, LOCAL RETAIL COMMER- 1997 at 6:00 p.m., in the CIAL DISTRICT USES TO"S- City Council Chambers of P-1" DETAILED SITE PLAN City Hall, 667 North Carroll DISTRICT WITH "0-1" DIS- Avenue,Southlake,Texas. --- "-- --"''- - - - - - - - - Purpose of the hearing is to THE USES SUBJECT TO E- consider the second reading THE SPECIFIC REOUIHIS of the following ordinance. ORDIN CONTAINED INTHIS CITY OF ORDINANCE; CORRECTING SOUTHLAKE TEXAS THE OFFICIAL ZONING MAP OTHER ORDINANCE NO.480-262 PRESERVINGORIONSALLHZONING AN ORDINANCE AMENDING PORTIONS ; THE 20NING ORDINANCE; DETERMINING ORDINANCE NO. 480, AS � AMENDED, THE COMPRE- EST, THE PUBLIC GENER- HENSIVEINTER- ZONING ORDI- ALT, MORALS AND NANCE OF THE CITY OF ZONING WELFARE DEMAND THE S SOUTHLAKE, TEXAS; AMEND CHANGES HEREINN GRANTING A ZONING MADE' PROVIDING T CHANGEAq ON A CERTAIN • THIS ORDINANCE SHALL BE TRACT OR TR THE ACTTY S OFS LANDH jWr CUMULATIVE OF ALL ORDI- ME, THIS THE 1 -it h DAY OF NOVEMBER , 1997 WITHI__ LAKE, TEXAS BEING 4.855 ERLANCES PROVIDING RA VID- ACRES LEGALLY DE-I INCFOR ACLAUSE FOR VI- SCRIBED - � � ,/1 J ..perkt_. AS LOT 2, HALL ING FOR S PENALTY FOR F- �'\C) PROVIDING A SAVINcs1pDA FZ. GOKE Notary Public PUBLICATIONOINDTHE OFOFRR IOII EXPIRES CIAL NEWSPAPER-AND PRO-.VIDING AN EFFECTIVE DATE.,MBER H, 1999 TARRANT COUNTY,TEXAS Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement PLEASE PAY THIS OR ordinanche )11.ia7i be nfnedtnoitND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! more than Two Thousanc Dollars ($2,000.00) for a-- L- e v odffenon rse.Each Yo afATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—. ist shall constitute a sepa- rate offense. Sandra L.LeGrand City Secretary City of Southlake Star-Telegram OF OFFICESY SECRETARY( REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\ CO ACCOUNT AMOUNT 11987015 NUMBER CIT57 DUE 66 . 36 PAGE1 OF IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 66 . 36 PLEASE WRITE IN AMOUNT ENCLOSED