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480-272CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-272 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 3.737 ACRES. LEGALLY DESCRIBED AS TRACT 2Al OF THE W.R. EAVES SURVEY. ABSTRACT NO. 500, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P- 1" DETAILED SITE PLAN DISTRICT WITH "O-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 'IHAT 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 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 Conncil 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 G: ORD~ZONING 480 /45 Page 1 changes should be granted or denied: safety of the motoring public and the pedestrians using the l:acilities in the area immediately surroanding 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 welt;are; 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 conser,,e 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 xvas 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- crox~ding 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 Ciw 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 tbr the tract or tracts of land are needed, are called tbr, 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 SOI;THI.AKE, 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 Page 2 and amended as shown and described below: Being a 3.737 acre tract, legally described as Tract 2Al situated in the W.R. Eaves Survey, Abstract No. 5(30, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, f¥om "AG" Agricultural District to "S-P-I" Detailed Site Plan District with "0-i" Ofrice District nses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the Cit.,,' Manager is hereby directed to correct the Official Zoning map of thc 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 nmended 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, ~ater, sexverage, 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 viexv 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 Thonsand Dollars ($2,000.00) for each offense. Each day that a ~iolation 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 tbr a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it' this ordinance provides for the imposition of any penalty,, fine or forfeiture for any violation of any of its provisions, then the City Secret~' 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 onthe 1st reading the /7 day of ~4~'/ , 1998. ATTEST: PASSED AND APPROVED on the 2nd reading the 7 day o~a~_,1998. ['?,,!,,,,,. >'"'"'"'<.%% ATTEST: CITY SECRETARY Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:__ ADOPTED: EFFECTIVE: ua, lo, Page 5 EXHIBIT "A" WHEREAS THE CIRRUS GROUP is the o'~waer of a tract of land situated in the W. R. Eaves Survey, Abstract No. 500, Tan'ant County, Texas according to the deed recorded in Volume 5072, Page 963, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a concrete monument found in the east right-of-way line of Davis Boulevard (F.M. 1938), a variable width right-of-way, said point also being the southwest comer of Block 1, Southlake Crossing, Phase II, an addition to the City. of Southlake, Texas according to the plat thereof as recorded in Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas; THENCE North 89 deg. 54 min. 56 sec. East continuing along the south line of said Southlake Crossing, Phase II a distance of 539.60 feet to a 1/2 inch h'on rod set for the northeast comer hereof; THENCE South 00 deg. 05 min. 08 sec. West a distance of ~0_.46 feet to a 3/4 inch iron rod found for the southeast comer hereof; THENCE South 89 deg. 57 min. 15 sec. West a distance of 537.50 feet to a 1/2 inch iron rod set for the southwest comer hereof and being on the east line of Davis Boulevard (F.M. 1938); THENCE North 00 deg. 18 min. 47 sec. West along the east line of Davis Boulevard (F.M. 1938) a distance of 302.10 feet to the POINT OF BEGIN.~ING and containing 162,789 square feet or 3.737l acres of land. Page 6 ,!¸ 866[ 8661 Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 12651524 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS unty of Tarrant t3efore me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared 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 3/20ME 12651524 NOTICE OF PUBLIC I358 1x 82L 82 QUOTE 66 . 42 NOTICE OF PUBLIC 03/20_flafEH-... HEARING Notice is hereby given to all in- terested persons that the City Council of the City of Southlake, will be holding a public hearing during the Regular City Council meetingg to be held on April 7, 1998 at 6:00 p.m. in the City Council Chambers of City Hall, 667 Carroll Avenue, Southlake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-272 AN ORDINANCE AMENDING ORDINANCE THE COMPRE ' HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS, 3RANTING A ZONINGi CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND NITHINKE, THEXSITY OF EINGSOUTH-77 WORN TO� F RE ME THIS THE 23th DAY OF March 1998 c LAKE, TEXAS BEING ACRES LEGALLY DE- £ 4 _Ln TRACT 2A1 OF SCRIBED W.R. NO. 500, AND :'.i<.r°t,�h A� ��ABSTRACT NO. NDANDRHONDA R (� PLOEEELY DESCRIBED IN EX- i•: �0i ,i a Notary Public CULTURAL "A" FROM "AG" AGRI-"S- �� A COMMISSION EXPIRES CULTURAL DISTRICT TO "S- +/4�'''/ ••'l SEPTEMBER 8 1999 DISTRICT WITH"SITE I1'OFFICE s i4 4'o. .=* TARRANT COUNTY,TEXAS DISTRICT USES, SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! MAP• PRESERVING ALL OTHER PORTIONS OF DETERMINING OTHATAN HE PUBLIC INTEREST MORALS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------.A AND GENERAL WELFARE DE- MAND THE ZONING CHANG- ES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF SALL ORDINANCES,' PROVID- ING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS rain HEREOF PROVIDING A SAV- REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 INGS CLAUSE' PROVIDING FOR PUBLICATION IN THE ACCOUNT AMOUNT PROVIIDINGNEAN EFFECTIVE r�):.'j NUMBER CIT57 DUE 66 . 42 DATE. Section 7.Any person,firm or �^ corporation who violates, n!TV c.M ,f IF ANY QUESTIONS, PLEASE CALL(817)390-7885 disobeys,omits,neglects orPACifi� ,.•,-.O refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dollars (52 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sandra L.LeGrand, City Secretary City of Southlake CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY THIS AMOUNT SOUTHLAKE, TX 76092-9595 66 . 42 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3148254 12773525 AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 TI-IE STATE OF TEXAS inty 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 RATE AMOUNT INCH/LINE 4/10ME 12773525 CITY OF SOUTHLAK I358 1x 75L 75 QUOTE 60 . 75 Cm OF ' 04/10-04/10 • SOUTHLAKEr TEXAS ORDINANCE NO.480-272 AORN DINANCE CNO E AMENDING AS I AMENDED, THE CONIPRE- ' HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS,: GRANTING A ZONIN CHANGE ON A CERTAIN- - TRACT OR TRACTS OF LAND LAKE,TEXAS I BEING S0UTH- 3.737 ' SCRIBED AS TRACT 2A1 Y OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT"A" FROM "AG"AGRI- CULTURAL DISTRICT TO"S- P-1" DETAILED SITE PLAN nISTRICT WITH "0-1" OF- ICE TO DISTRICT USES, SUB- ECT S TO THE SPECIFICONAI RE- IUIREMENTS CONTAINED V THIS ORDINANCE; COR- RECTING THE OFFICIAL ZON- S OT ER FF1ORTIONSVIOF THE WORN TO BEFORE ME, THIS THE 13th DAY OF APRIL f 1998 ZONING ORDINANCE DE- TERMINING THAT THE PUB- •j ;jSEPT;iBER8ii999 .4 'IPANDLIC INTEREST,W MORALS RHODA R. GOKE Iii\- kX-4 MEND T E ZONIN CHANG- Notary Public MAND THE ZONING CHANG- l+ �vbES AND AMENDMENTSCOMMSION 0(PIRES THATIN THIISE,ORDINANICESHALL BE CUMULATIVE OFTARRANT COUNTY,TEXAS NG ORDIINANSEVERABILIITDY " 1` PENALTY FOR IDING FOR A VIOLATIONS HEREOF; PROVIDING A SAV- i INGS CLAUSE PROVIDING FOR PUBLICATION IN THE ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OFFICIAL NEWSPAPER;AND PROVIDINGDATE. AN EFFECTIVE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------.A Section 7.Any person.firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement OFFICE O of any of the provisions of OFFICE this ordinance shall be fined p� not more than Two Thou- ram F CITY SECOl!'zi'5�M"•`V REMIT TO: I . 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 Thou- sand Dollars (S2 000.00) for each offense. each day that a violation is permitted to exist shall constitute a ACCOUNT AMOUNT separate offense. NUMBER C I T 5 7 DUE 60 . 75 PASSED ANDDAPPROVED ON THE 7TH DAY OF APRIL, 199U- LARBCITY COUNCIL MEET- ING. PAGE1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 MAYOR RICK STACY ATTEST: SANDRA L. LEG- RAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR,JR., CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 60 . 75 PLEASE WRITE IN AMOUNT ENCLOSED