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480-301CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-301 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONLNG CHANGE ON A CERTAIN TRACT OR TRACTS OF LA.ND WITHIN THE CITY OF SOUqYHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 6D SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 3.043 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT USES INCLUDING A PERSONAL CARE FACILITY FOR ALZHEIMER'S PATIENTS 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 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 A.N 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 fi)r 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 Ib. cilities; location of ingress and egress points for parking and off-street loading spaces, and protection or' 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: eftkct on the concentration of population, and efl~ct 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 tbr 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, WI-I~REAS, 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 nf land requested for a change since the tract or tracts of land were originally classified and theretbre lkels 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 cormmunity. N()~¥, 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 Tract 6D situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 3.043 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-I" Detailed Site Plan District with "O-1" Office District uses including a personal care f~cility for Alzheimer's patients 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 "C." 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 welthre 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 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 anv of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper ()ne 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 0~ day offS, 1999. ~~ ATfEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~_ day of ~~, 1999. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED]: ~A EFFECTIVE: EXHIBIT "A" ~-tE3~EAS, the unde~r;ed, being ~e o~ of o 5.045 ~e ~act ~tu~ ~ ~e T. M. H~ ~y. ~l~act Numb~ 7~, ~thlake, T~t ~nty, Tex~ ~id ~ oc~ tract b~g m~e pa~lculady d~ by met~ ~d b~nda a~ f~low~ B£GINNING at o 5/8' k-~ pin found, ~aid 5/~' ~ p~ ~nd being ~w~t~y ~ of Lot 1, ~ B Ra~aux ~age according to ~at r~d~ ~ V~ume 3~-213. Pa~ 31. ~at Re--da, Ta~ant C~nty, Texa~ 33-1ENCE N 90'00'00' E along the ~x~the~n line of said Lot 1, Block B Rav~noux V111oge, po~aln9 at 378.46' the sautheoeterly cartier of ~31d Lot 1, B~ock B R~lvenaux V~llage. in all a distance of 420.00 feet to a 1/2' ~ pin set, said 1/2' iron pin set being on the eastern line of said T. M, Hood Survey, said 1/2' ~'an pin set also being in North 9~[tes Chapel Ro~d; THENCE S 00'01'4i' W ~lon9 the e~3ste~ line of said Thomas M. Hood ~,~y. and within sold North Whites Chapel Ro~d ~3 distance of 315.51 feet to a 1/2 iron p~ set; THENCE S 8958'59' W, po~ing at 25.0.3' a 3/4-" iron pin found for the no~saete~y corn~- of o tract of t~d ~ to ~ffem W. Ru~ end Z~e Ru~. T~ of ~e ~liem W. Ru~ ~nd Z~o Ru~er ecc~d~g to ~e d~ r~ded In V~ume 12591. P~ge 2263, D~d T~t ~ty, Te~ ~l~g ~e n~ llne of sold Ruck~ Family T~t ~ac~ p~g at 1~.~' a 3/4' ~ pipe f~nd berg the n~h~teHy c~ of aa~ Ru~ F~y T~st ~ac~ said 3/4' ~ p~e f~nd also being n~st~y ~ of o ~act of I~d c~ to Morgu~te E. ~lley occ~d~g to ~e d~ r~d~ in V~ume 12172. P~e 1957. De~ R~d& T~ant ~nty, Texas, ~d ~tinulng ~ong the n~ line of tract, in o~ ~ dl~ of 420.00 f~t to a 1 I~' pipe f~nd. ~id 1 1/2' p~e f~nd being ~e ~e~t~y co~ of Lot ~ Bt~ B Ro~n~x ~c~g ~ ~e plat r~d~ ~ V~ume ~-213, Po~ 31, Plat R~da, T~ont C~ty. Texce; ~ N ~1'41' E ~g ~e ~at~ line of ~ Lot ~ ~ B Ra~aux ~ e ~ of 315.~ ~ to ~e Point of ~N~NG ~d Page EXHIBIT "B" ~,~ , i111 Page 9 EXHIBIT "C" Motion was made to approve 1~t reading of Ordinance No. 480-301, changing the zoning of ~'AG" to "S-P-I" with "O-1" uses including a personal care facility for Alzheimer's patients; subject to the Site Plan Review Summary #3, dated February 26, 1999; allowing a 20-bed facility plus one student apartment for Phase I and a 16-bed facility with conference room for Phase 2; deleting Item #1 to allow a reduction in the square footage of the housing units to a range between 185 sr. and 215 s.f.; deleting Item #2 to allow the horizontal and vertical articulation as shown; suggesting that the entrance drive be adjusted to save trees along the edge of the proposed new fight-of-way; and deleting Item #5 at the request of staff (applicant has provided the required 28 parking spaces as shown). Motion: Moffat Second: Martin Ayes: Moffat, Martin, Edmondson, Evans, Fawks, Kendall, Stacy Nays: None Approved: 7-0 vote Regular City Council meeting Minutes of March 2, 1999 page 23 of 27 Page I0 EXHIBIT ~C~ Motion was made to approve ZA 98-149, subject to Site Plan Review Summary No. 4, dated March 19, 1999; allowing for the reduction of the square footage of the housing units to range between 185 s.f. and 215 s.f.; accepting the driveway configuration as shown; changing the word Ravenaux to Count~side Court; on Item #3, allowing the driveways as shown. Fawks stated, "And requiring that the applicant provide proof of a public equivalent sewer system before acceptance of any plat of this site and prior to issuance of any building permit." Motion: Fawks Second: Kendall Ayes: Fawks, Kendall, Moffat, Edmondson,~Evans, Stacy Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes of March 23, 1999 Page 9 Page 11 TRACTMAP $.72 0 1 I . Z30 O. ~ W. LEE 3.9702'~ "S--P--1 "! EDWIN L. COLE ,, MINI,STRIES · / i-~ 805 2.0 AC M. WOOLLEY ~ 8C 3.5 AC TR 8C2 ,¢.0 AC ~ 3A2.A .798 O T~ 3A20 1.509 TR 3A2.C 1.115 TRACT lA 'iR 30 .~7 ~,% ~ WHITE CHAPEL LLC v , GH~V F-- L. BACCUS I 2.832 0 "CS" w. 8c~ "SF-1A" RUCKER E. MURPHY "AG" ~_ - 8 ~ ~TR 8c3 ~ J. LYBRAND '" J. JONES,.. 5 TR 8CZA 1.0 AC 6 TR 3E18 3.1& AC 8.708 0 :' .... : · ' ?~ - ADJACENT OWNERS .46 ^c AND ZONING TR I 3.18 AC Star-Telegram F tU. I-D. NO. LL 314tiL54 AD ORDER NO. 14789860 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE 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: r- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT ,� INCH/LNE • 3/26ME 14789860 CITY OF SOUTHLAK I358 1x 82L 82 QUOTE 66 . 42 CITY OF SOUTHLAKE, 0 3/2 6-0 3/2 6 TEXAS ORDINANCE NO.480-301, - ---- --- AN ORDINANCE NO AMENDINGRDINANCE 480_, AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF -- - - -- -_-'---_--- SOUTHLAKE, TEXAS ZOING CHANGE GRANTING ON AA CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE,TEXAS BEING LEGAL- LY DESCRIBED AS TRACT - - 6D SITUATED IN THE THO- MAS M.HOOD SURVEY,AB- STRACT NO. 706 AND BE- ING APPROXIMATELY 3.043 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A' FROM AG" AGRICULTURAL DISTRICT TO S-P-1" DE- ' TAILED SITE PLAN DISTRICT WITH"0-1'OFFICE DISTRICT USES INCLUDING A PERSON- G N AL CARE FACILITY FOR DEITERATHSAPCD ONTE P SU 72HED HERETOLZID IN- )WORN TO BEFORE ME, THIS THE 29th DAY OF MARCH 1 CORPORATED' ED HEREINJ AS /� EXHIBIT "B', SUBJECT TO ;i�Y.Pv4, ,�/U,1(/`ll, THE SPECIFIC REQUIRE- ~.‹.,A RHONDA R. �yLQ .�.ORDINANCOETACORRENCTING � PublicTHE OFFICIAL ZONING MAP !! !JN0ta PRESERVING ALL OTHEI PORTIONS OF THE ZONING ORDINANCE; DETERMINING h1�a� F 1--r r TARRANT COUNTY,TEXAS THAT THE PUBLIC INTER- r,.,® EST, MORALS AND GENER- ZONINGFACHAES DEMAND THE AND AMENDMENTS ADEDM PROVIDING HEREINT F CUMULATIVE ORDINE of ALL L BE ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ORDI- NANCES.PROVIDING A SEV-—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT��ERABILITY CLAUSE;PROVID- -- ING FOR A PENALTY FOR VI- OLATIONS HEREOF, A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- VIDILNGEANSEF ECTIVE DATE t SECTION 7. Any person,violates, or disobeys, d r a m \ lion who neglectstes,disobeys, REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 omits, or refuses to comply with or who re- sists the enforcement of any of the provisions of this ordi- ACCOUNT C I T 5 7 AMOUNT 66 . 42 nance shall be fined not more than Two Thousand NUMBER DUE Dollars ($2,000.00) for each offense.Each day that a violation is permitted to ex- PAGEI dt IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ist shall constitute a sepa- rate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX- N MARCH 23, MA'/OR RICK STACY 1999 ATTEST: SANDRA L. LEG- RAND,CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR JR.,CITY AT- TORNEY "- CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-6412 THIS AMOUNT 66 . 42 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 THE STATE OF TEXAS runty 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: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL 1 RATE AMOUNT INCH/LINE 3/06ME 14682661 CITY OF SOUTHLAK I358 1x 91L 91 QUOTE 121 .94 ______- CITY OF 03/06-03/06 SOUTHLAKE,TEXAS all NOTICE is hereby given Interested persons that the Cof So thlake�llTexas, wilof the ly be holding a public hearing dur- ing the regular city council meeting to be held on March meeting will be held at 0n in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing will be held regarding the follow- ing: CITY OF SOUTHLAKE,TEXAS ORDINANCE N .480-301 AN NG ORDINANCE CNO. 48D1 0 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 S, WITHIN TEXAS CITY OF SOUTH- GAL- 8th MARCH 1999 LY DESCRIBED AS TRACT SWORN TO BEFORE ME, THIS THE DAY OF M SITUATEDM. O IN THE ,AB- STRACT M.HOOD SURVEY,AB- I NO. 706 AND BE- ING APPROXIMATELY 3.043 --;.,T[i��l ary Public •ACRES, AND MORE FULLY O 6(-111, RHONDA R. GO AND COMPLETELY DE- , . nr SCRIBED IN EXHIBIT A' O+ �1•A-' COMMISSION EXPIRES FROM AG" AGRICULTURAL /•; �y i DISTRICT TO S-P-1` DE- OW, /1 ;"; 6� TARRANT COUNTY,TEXAS TAILED,SITE PLAN DISTRICT # 1171f;•...•tk,+P SEPTEMBER 8, 1999 WITH 0-1 "OFFICE DIS- TRICT ��,,_.p__-= ESONAL USEINS FACILITY FOR ALSH DEPICTED ONEC S PA- TIENTS AS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! F THE APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED HEREIN AS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT EXHIBIT B', SUBJECT TO -------A THE SPECIFIC REQUIRE- " MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP, PRESERVING ALL OTHER PORTIONS OF THE ZONING tORDINANCE; DETERMINING THAT THE PUBLIC INTER- ' ELT, MORALS AND Irani AL WELFARE DEMANDD THE ZONING CHANGES AND REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 AMENDMENTS HEREIN MADE- PROVIDINGTHAT THIS ORDINANCE SHALLBE ACCOUNT CI T 57 AMOUNT 121 .94 CUMULATIVE OF ALL ORDI- NUMBER DUE NANCES PROVIDING A SEV- ERABILITY CLAUSE-PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PAGE1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PROVIDING A SAVINGS+ CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- VIDING ANSEFFEECTIVE DDATED. 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- nance shall be fined not more ersthan wo0.Thousand 0 us for SOUTHLAKE each offense.Each day that T H L A K E a violation is permitted to ex- A R R O L L A V E ist shall constitute a sepa- rate offense. PLEASE PAY Sandra L.LeGrand K E T X 7 6 0 9 2-6 412 City Secretary THIS AMOUNT 121 . 94 PLEASE WRITE IN AMOUNT ENCLOSED