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480-299CITY OF SOUTItLAKE, TEXAS ORDINANCE NO. 480-299 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 LEGALLY DESCRIBED AS THE SOUTHERN PORTION OF TRACT lB1, SITUATED IN THE T. J. THOMPSON SURVEY, ABSTRACT NO. 1502, AND BEING APPROXIMATELY 1.26 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 CUq~IULATIVE 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 role 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 L:£1I YDOCS',ORD/CASES 480 299 WPD Page 1 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 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 thcilities 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 Page 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 fbr 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: Being a portion of Tract lB1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately 1.26 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-1" Detailed Site Plan District with "C-2" Local Retail District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit 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 Page 4 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 aw~id 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 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 //~ day of~, I ATTEST: C i~1"~ ~]~CR~ETARy PASSED AND APPROVED on the 2nd reading the ff.. day of~/)/~ ~',~.-* . ..2~ ~..MAYbR ~ k i~ATTEST: '~. -... ,-5,~ ~ -~,.4t.? ....... .~c3".4~ / . . · '"'",,.,,,'"'" CITY SECRETARY 1999. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" BEING A TEAC1' OF L~ND OUT OF THE T,J. THOMPSON SURVEY, ABSTRACT NO. 1502. TA~RANT COUNlW', ~, AND BEING A PORTION OF A ~ OF LAND AS OESCRIBED IN OEED RECOROED IN VOLUME 6589, PAGE 327, OEED RECORDS, TARRANT COUN'rf. T~CA~. AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED IN THE EAST R.O.W. LINE OF DAVlS ~OULEVARO, FOR THE SO--ST CORNER OF TRACT BEING DESCRIBED, SA~D POINT BEING LOCATED 7g.54 FEET NORTH O0 DEGREES 22 MINUTE~ GO SECONDS wEST FROM THE SOUTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6589, PAGE 527; TNENCE NORTH O00EGREES 22 MINUTES DO SECONDS WEST 405.00 ALONG THE EAST R.O.W. tJNE OF DAVl$ BOULEVARD TO THE NORTHWEST CORNER OF' TRACT BEING DESCRIBED; THENCE NORTH 8g DEGREES 25 MINUTES 37 SECONDS EAST 215.02 FEET TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH O0 DEGREES 21 MINUTES O0 SECONDS EAST 266.16 FEET TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 88 OECREES 05 MINUTES 59 SECONDS WEST 160.00 FEET TO THE MOST SOUTH SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH O0 DEGREES 22 MINUTES O0 SECONOS WEST 34.95 FEET; THENCE NORTH 46 MINUTES 04 MINUTES 25 SECONDS WEST 27.93 FEET; THENCE SOUTH 88 DEGREES 13 MINUTES 10 SECONDS WEST 35.02 FEET TO THE POINT OF 9EGINNING AND CON/AJNING 54933.90 SQUARE FEET OF LAND, MORE OR LESS EXHIBIT P~ge 9 EXHIBIT "C" Motion was madc to approve Ordimance No ' ' '~ .... ih~ [~[l~{y~ [o (wu 5' buffeua~s on eith~ ~i~ of ~t ail olher ~qu~nts o[ City u~i~nc~ for 'C-2. Motion: Fawks Councilrn~mher Martin m, u'~li4~n,~d whet..hcr or ,,,~l in Ih. nlnfian wa imi~rvioui covcta8~ un Ih= siic ~ ~ht)wn. Counciim~m~r Fawns mgg~ ~ ~ apphcam i~k at how muc~ oI a harOs~p it will to m~t t~ ~iom~ coverage ~uiremenI, a~ then Cou~fl can re- l~k at ii w~n t~ request is brou~t back for 2~ re~i~. Wi~ ~t mi~. Coumilmcm~r Ma~ ~a/cd tha~ ~ would sup~_~ the Approved: Ma?.in ~.~.~ c..-~ c ................... Moffat, Stacy t-4J MINUTF~'~ Off" ('lit CO£'NCIL MEE'rI-ING. J.,ING'AR Y 19. 1999. I",IG'I-; 2.$ OF' Page I0 EXHIBIT "C' Motion was made to approve ZA 98-137, pursuant to Site Plan Review Summary No. 4, dated January 29. 199% and subject to previous motion ["subject to Review Summary No. 3, dated January 15, 1999, deleting Items #la and #lb to allow the driveway spacings and 50' stacking as shown; amending Item #2b to allow the relocation of the 5' bufferyards on Lots 4 & 5 to the outer edge of the Common Access Easement for the length shown on the plan and limiting the underlying zoning (and uses) to "C-2, Local Retail Commercial District" and requiting that the applicant meet the 70% impervious coverage required by that district"] and granting a variance to allow up to, but not exceeding, a 10% variance on the number of required parking spaces and acknowledging the applicant's commitment to meet the impervious coverage requirement of 70% for C-2 properties, and to ensure that no development will occur adjacent to and around the portal site to the edge of pavement as shown on plan. Motion: Martin Second: Evans Ayes: Martin, Evans, Edmondson, Kendall, Stacy Nays: None Approved: 5-0 vote Councilmember Moffat was out of the room and did not vote MINUTES OF CITY COUNCIL MEETING, FEBRUARY 2, 1999 Page [ 1 TRACT MAP DR TR fClA .45 AC TR I B3 .98 AC : .585 AC TR ~ B4 ~ 1.05 AC 3 4 GREEM~fOOD DR 2 4R 3 RCH 3 2 , "C-1" 4R MIRAGE CAR WASH LTD. R. WOODS K. HARLAN TR 1818 2,0 AC 2.70 AC TR lB%A1 3.0 AC b .St AC ',.4 A( 1 I °z_ "AG" I I il~ J.J.B. ENTERPRISES INC. IR 5A J i 1.27 ~C I I ADJACENT OWNERS q~' -f AND ZgN~,NG, 25 Star-Telegram 1 CU; I.U. IVV. LL'J I fOLOV AD ORDER NO. 144 19 823 • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS runty 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: 7- DATE AD ORDER NO. DESCRIPTION AD SIZE INTOTLINE RATE AMOUNT 1/22ME 14419823 NOTICE OF PUBLIC I358 1x 93L 93 QUOTE 75 . 33 NOTICE OF PUBLIC I D1/22-01/22 HEARING NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on Febru- ary 2 1999 at 6:00 p.m.in the City Council Chambers of City Hall,667 North Car- roll -- - Avenue, Southlake, Tex- as. Purpose of the hearing is to consider the second reading - - --- -- - -- --- -_ of the following o_rdinance: CITY OF EXI S LAKE, ORDINANCE NO.480-299 AN ORDINANCE AMENDING -- - ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING `' CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND Sll LAKE TETHE XASCITY BEING LEGAL SOUTH- -SWORN TO BEFORE ME THIS THE 25thpAY OF JANUARY 1999 DESCRIBED AS THE ' SOUTHERN PORTION OF L TRACTHET.J.1T MSIPSON IN R- / , THE T . THOMPSON NO.ON 1502, 2. ..'.. + RHONDA R. GOKE Notary Public n4.{`.-,I(,1,�„(/,(,(, SUR- VEY,ABSTRACT gip:`' •�4 AND BEING APPROXIMATE- LY 1.23 ACRES,AND MORE •'• '• COMMISSION EXPIRES 1 FULLY AND COMPLETELY ;yy I FROMSMRIBED AGRICIBITULTURAL A Ii SEPTEMBER 1999 j TARRANT COUNTY,TEXAS AG AGRICULTURAL y'r•......�•:t. 8, DISTRICT TO "S-P I" DE- h,�oF,. TAILED SITE PLAN DISTRICT' y. ,yw���������_ WITH UNDERLYING 'C-3'I GENERAL COMMERCIAL DIS- P ITNG USEOSNTI T S DEPIC - ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! RETAIL DISTRICT AS DEPICT- PL ON THE APPROVED SITE N WITH YOUR PAYMENT TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION PLAN ATTACHED HERETO _----, AND INCORPORATED HERE- IN AS EXHIBIT B'.SUBJECT - TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN TWIG S ORDINANCE; THE OFFICIAL ZONING MAP;• PRESERVING ALL OTHER I Zt( PORTIONS OF THE ZONING I rain ORDINANCE; DETERMINING THAT THE PUBLIC INTER- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN ACCOUNT CI T 57 AMOUNT 75 .33 MADE PROVIDING THAT THIS ORDINANCE SHALL BE NUMBER DUE CUMULATIVE PROVIDIN OF G A SEL VI- ERABILIT'Y CLAUSE'PROVID- PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 OLATIONS PENALTY FOR ,HEREOF,. PROVIDING A SAVINGSt CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- VIIAL DI GEANSEFFECTIVE DATE. SECTION 7. Any person, firm or corpora- tion who violates, disobeys, omits, neglects or refuses to comply with or who re- sists the enforcement of any of the provisions of.this ordi-1 nance shall be fined not more than Two Thousand SOUTHLAKE U T H L A K E Dollars (S2,000.00) for each offense.Each day that a violation is permittedROLL AVE to ex- PLEASE PAY ist shall constitute a sepa1 - rateoffense. E TX 76092-9595 THIS AMOUNT 75 , 33 City of Southlake Sandra L.LeGrand City Secretary PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO. 14506263 • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • ACCOUNT NO. C IT 57 THE STATE OF TEXAS runty 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 • 2/D5ME 14506263 CITY OF SOUTHLAK I358 1x 81L 81 QUOTE 65 . 61 CITY OF SOUTHLAKE, 0 2/0 5-0 2/0 5 TEXAS ORDINANCE NO.480-299 AN ORDINANCE AMENDING AMENDED, HOE CO APRE 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 LEGAL- LY DESCRIBED AS THE SOUTHERN PORTION OF--- TRACT 1B1, SITUATED IN - THE T.J. THOMPSON SUR- VEY, ABSTRACT NO. 1502, AND BEING APPROXIMATE- LY 1.23 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A" • FROM 'AG' AGRICULTURAL DISTRICT TO S-P-1' DE- TAILED SITE PLAN DISTRICT WITH C-2" LOCAL RETAIL S xi. c DISTRICT USES AS DEPICT- JD ON THE APPROVED SITE PLAN ATTACHED HERETO NASIEXHBII°B SU eECT) SWORN TO BEFORE ME, THIS THE 8th DAY OF FEBRUARY 1 9 TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS 0 _:-aY,t, ��'e'a'o"1 ts-16, 10-AA-Arf\-61--6-- , A/^'ORDINANCE; CORRECTING ♦ ••• °o!? �/[ JPRE OFFICIAL ZONING MAP' 14RHOE�'DA R. GOKENotary Public 'C • PRESERVING ALL OTHER ;_` Sri PORTIONS OF THE ZONING °•f COMMISSION EXPIRES ORDINANCE; DETERMINING rv^ `ysy,� •.,, THAT THE PUBLIC INTER- 4 �hIO•.. ,`.I+Q^f SEPTEMBER 8 1999 EST, MORALS AND GENER- ha s4r TARRANT COUNTY,TEXAS AL WELFARE DEMAND THE d `„�„:ter' ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- S ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! 1 NANCES PROVIDING A SEV- ERABILII'Y CLAUSE'PROVID- ING FOR A PENALTY FOR VI- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�* OLATIONS HEREOF- L� PROVIDING A SAVINGS CLAUSE; PROVIDING FOR _--- PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE.1 SECTION 7. Any person, firm or corpora- 1 tion who violates, disobeys, too neg ts or rho es re- ram to comply with or who re- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand ACCOUNT C I T 5 7 AMOUNT 65 . 61 Dollars (52,000.00) for NUMBER DUE each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- '� rate offense. PAGE-1 ac IF ANY QUESTIONS, PLEASE CALL(81 fp-788 PASSED AND APPROVED ON @@ g,� -� THE 2ND DAY OF FEBRU- ��•/ ARY, 1999, DURING THE REGULAR CITY COUNCIL I J/~ '\ MEETING.O MAYOR RICK DSTACYL. ` `a. ATTEST:SANDRA L. `�• LEGRAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR.. - �� ..1`�- CITY ATTORNEY ,,,....„,„ CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76D92-9595 THIS AMOUNT 65 . 61 PLEASE WRITE IN AMOUNT ENCLOSED