Loading...
480-300CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-300 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONENG ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONLNG CHANGE ON A CERTAEN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS THE PROPOSED LOT 3, T.J. THOMPSON NO. 1502 ADDITION, (DAVIS BOULEVARD CENTER) ON PROPERTY LEGALLY DESCRIBED AS BEING THE SOUTHWESTERLY PORTION OF TRACT lB1, SITUATED IN THE T. J. THOMPSON SURVEY, ABSTRACT NO. 1502, AND BEING APPROXIMATELY 2,825.70 S.F., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTL~,AL DISTRICT TO "CS" COMMUNITY SERVICE 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 "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 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 Southtake, 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 theretbre 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 TItE CITY OF SOUTHLAKE, TEXAS: Page 3 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 the proposed Lot 3, T.J. Thompson No. 1502 Addition, (Davis Boulevard Center) on property legally described as being the southwesterly portion of Tract lB1, situated in the T. J. Thompson Survey, Abstract No. 1502, and being approximately 2,825.70 square feet, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "CS" Community Service 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 aff~rmed. 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 ?age 4 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 cormnunity. 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. Page 6 PASSED AND APPROVED on the 1st reading the . day of 7f~/~, 1999. ATTEST: PASSED AND APPROVED on the 2nd reading the a~x day of~'~/,g.~td , 1999. / MA~Y'OR ATTEST: ~I~Y S-~C-P~TARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ,~- t ~ Page 7 EXHIBIT "A" BEING A TR,a~T OF LANO OUT OF THE T.J. THOMPSON SURVEY, .~ NO. t§02, TAR~,NT COUI~'3Y, TEX,~, .a~o BEING A PORTION OF A TRACT OF L~D AS DESCRIBED IN DEED RECOROEO ~N ',~LUME 65~9, PAGE 327, DEED RECORDS. TAR~NT COUNTY, TEXAS, AND BEING DESCRIBEO AS FOLLOW~: BEGINNING AT A POINT IN THE EAST R.O.W. LINE OF DA'ViS BOULEVAR0 FOR THE SOUTHWEST CORNER OF TI~a~"T BEING OESCRIBEO, SAID POINT BEING LOCATED 24.77 FEET NORTH 0O DEGREES 22 MINUTES 00 SECONDS WEST FROM THE ~OUTHWEST CORNER OF S,ND TRACT OF LAND AS DESCRIBED IN DEED RECORDED iN VOLUME 6589, PAGE .327; THENCE NORTH 00 DEGREES 22 MINUTES 00 SECDNOS WEST 55.07 FEET ALONG THE ~ R.O.W, UNE OF QAV1S BOULEVA~O TO THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 88 DEGREES 13 MINUTES 10 SECONDS E.~ 35.02 FEET TO THE MOST NORTH NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 46 DEGREES 04 MINUTES 25 SECONOS EAST 27.9.3 FEET TO THE MOST E.A~T NORTHF_AST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH O00EGREES 22 MINUTES O0 SECONDS EAST 54,95 FEET TO THE SOUTHEAST CORNER OF TRACT ~NG DESCRIBED; THENCE SOUTH 8~ OEGREES 05 MINUTES 5B SECONDS WEST 55.00 FEET TO THE POINT OF BEGINNING AND CONTNNINC 2825.70 SQUARE FEET OF LAND, MORE OR LESS TRACT MAP RTHEAST ;HURCH IR. WOODS TR 2 20.109 .g'8. AC 3 '" I TR lA' 'l TR ~ .588 AC 1.03 AC GREENWOOD DR 1R 2 4R 3 2 4R R. WOODS K. HARL-AN TR 1~1B 2.70 AC IR 1=-AA1 3.0 ;C J,J.B. ENTERPRISES INC. IR 5A 11.27 AC ADJACENT OWNEPR 34. 33 FED. I.D. NO. 22-3148254Star-Telegram 14 5 0 62 6 2 AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 — IE 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 _1 AD ORDER NO. DESCRIPTION AD SIZE IN TOTAL RATE AMOUNT /LN2/05ME 114506262 CITY OF SOUTHLAK I358 1x 81L 81 QUOTE 65 . 61 02/05-02/05 CITY OF SOUTHLAKE. TEXAS ORDINANCE NO.480-300 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- r4ANCE OF THE ,:ii G SOUTHLAKE, TEXAS; GRANTING A ZONING -- CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS EIN LEGAL- LY DESCRIBED AS THE PRO- POSED LOT 3 T.J. THOMP- SON NO. 1502 ADDITION, (DAVIS BOULEVARD CEN- TER)ON PROPERTY LEGAL- LY DESCRIBED AS BEING THE SOUTHWESTERLY POR- ' A TRACT SITU- ATED IN IN THE T.J. THOMP- SON SURVEY ABSTRACT � - NO. 1502. AND BEING AP- S I • ` PROXIMATELY 3 000 S.F., AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- FEBRUARY 1999 S CULTURALFRDSTRCTA TO1 SWORN TO BEFORE ME, THIS THE 8th DAY OF CS' COMMUNITY SERVICE /� f� DISTRICT,SUBJECT TO THE ''•"'_'�. -,C r am•--� � �� �—�/� n , SPECIFICONTA REQUIREMENTS THE ORDI- V rar ,\�' Notary Public (l-� CONTAINED IN THIS ORDI- O:' �# '�.;!r RHONDA R. GOKE NANCE; CORRECTING THESs, •r`rS OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS COMMISSION EXPIRES OF THE ZONING ORDI- `}:< SEPTEMBER 8, 1999 NANCE DETERMINING . •� TARRANT COUNTY,TEXAS THAT IHE PUBLIC INTER-• __ EST, MORALS AND GENER-' - - - AL WELFARE DEMAND THE ZONING CHANGES AND MMDEDMPROV HEREIN S ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU. I MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- ERABILITTY CLAUSE PROVID- ��TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j - ING FOR A PENALTY FOR VI- -- - OLATIONS HEREOF, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA1ION IN THE OFFI- CIAL NEWSPAPER-AND PRO- VIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpora ram - tion who violates, disobeys, REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 omits, neglects or refuses to comply with or who re- sists - tpr enforcement of any ACCOUNT C I T 57 AMOUNT 6 5 . 61 of theprovisions of this ordi- nance shall be fined not NUMBER DUE more than Two Thousand Dollars (52,000.00) for each offense. Each day that a violation is permitted to ex- pAGCI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 (� ist shall constitute a sepa- rate offense. • PASSED AND APPROVED ON THE 2ND DAY OF FUNCIL �.'O to / ARY, 1999, DURING THE /// REGULAR CITY COUNCIL MEETING. ill MAYOR RICH --/ ' ' ATTEST: SANDRA NDRA L. LEG RAND,CITY SECRETARY APPROVED FORM:ALLENF- TAYLOR JOR R.,CITY AT- �. TORNEY '%.CITY OF SOUTHLAKE / 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 65 . 61 1 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. ID NO. 22 3148254 AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 T"E STATE OF TEXAS unty of Tarrant Before 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: 1 DATE 1 AD ORDER FJO DESCRIPTION AD SIZE ) TOTAL RATE AMOUNT INCH/LINE 1/22ME 14419825 NOTICE OF PUBLIC I358 1x 90L 90 QUOTE 72 . 90 NOTICE OF PUBLIC 01/22-01/22 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 Toe held on Febru- ary 2, 1999 at 6:00 p.m.in the City Council Chambers of City Hall, 667 North Car-I roll Avenue, Southlake, Tex- as. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-300 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF 1 SOUTHLAKE, TEXAS S I G 5s\N‘..N GRANTING A ZONING! CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND 25th JAN UARY 1999 SI ri1J( E'"TEH7(EAS ENS SLCEGAI-- SWORN TO BEFORE ME, THIS THE DAY OF SY NEN 1502 A THE PRO- POSED LOT 3 T.J.THOMP- SONM � �ym y��ery NO. ULEADDITION, P ',' TER) BOULEVARD CEN- qr,r-.' Jo . 4-.E42k. TER)ON PROPERTY LEGAL- ;'b'. G(�hr RHONDA R. GOKE Notary Public '�' LY DESCRIBED AS BEING $i2i n, THE SOUTHWESTERLY POR- ,,. 14 COMMISSION EXPIRES 0 TION OF TRACT 181, SITU- %"i // r ATED IN THE T.J. THOMP-• V"; /\:`P�� SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS SON SURVEY, ABSTRACT i�r;,,.,•,, �t. NO. 1502 AND BEING AP- '0,OF - PROXIMATELY 3,000 S.F., asaa—as AND MORE FULLS AND COM- PLETELY DESCRIBED IN EX- HIBIT "A" FROM 'AG" AGRI • - CULTURAL DISTRICT TO ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! 'CS' COMMUNITY SERVICE DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A, — CONTAINED IN THIS ORDI- - NANCE; CORRECTING THE • OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ram ZONING CHANGES AND REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- ACCOUNT C I T 57 AMOUNT 7 2 . 90 NANCES PROVIDING A SEV-I ERABILII'Y CLAUSE PROVID-I NUMBER DUE INC FOR A PENALTY FOR VI- PLATIONS HERE ROVID PROVIDING A SAVINGFS`I -I CLAUSE; PROVIDING FOR PAGE oP IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpora-I 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- nance shall be fined not more than Two Thousand Dollars (S2,000.00) for each offense.Each day that a violation is permitted to ex- F SOUTHLAKE ist shall constitute a sepa- - rate ffense. City of Southlake C A R R O L L A V E Sandra L.LeGrand PLEASE PAY City Secretary AKE, TX 76092-9595 THIS AMOUNT 72 • 90 PLEASE WRITE IN AMOUNT ENCLOSED