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480-312CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-312 AN ORDINANCE AMENDING ORDIN.~NCE NO. 480, AS .~MENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONENG CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 1D5 SITUATED IN THE A. A. FREEMAN SURVEY, ABSTRACT NO. 522, AND BEING APPROXIMATELY 5.169 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED [N EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL TO "CS" CO5'~IUNITY SERVICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT 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 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, ~3, HEREAS, 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 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 hereinafler described property is currently zoned as "C-3" General Commercial 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 Cit5 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 u§ing thc facilities in the area inunediately 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; efI'ect 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, '~¥HEREAS~ 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 vie~,, to conserve the value of the buildings, and encourage the most appropriate use of the land Page 2 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 tbr 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 TIlE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480. the Comprehensive Zoning Ordinance of the City of Southlake, P:~g¢ 3 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 1DS situated in the A. A. Freeman Survey, Abstract No. 522, and being approximately 5.169 acres, and more fully and completely described in Exhibit "A' from ~'C-3' General Commercial District to "CS" Community Service District as depicted on the approved Concept 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 co~nmunity. They have been made after a Pall 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. Ail 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 Cit3 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 (>t'tlcial 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 ANT} APPROVED on the 1st reading the l~) day of ~ , 1999. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the __ day of ~ ,1999. ATTEST: C~TY SECRETARY APPROVED AS TO FORM AND LEGALITY: ~I~?"~ ATTORNEY' ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" 2es~':::cn'cr ~trac:a( oral:r-:hcA A FREEMAN SURVEY ABSTRACT NUMBER 622, .~,-~ce :resoy~ery Presbyterian Churcm (USA) recorded m Volume 11419 Page 225, Deed Rac.:r:s Tar'am County Texas, arid being described ay metes and bounds as fotl~vs: BEGINNING at a 518" iron pin found with cap marked, "SEMPCO, INC" for the most westerly "c~hwest comer of said Grace Presbyterian Church tract and for the northeast corner of Lot 13, Black 6r SOUTHRIDGE LAKES, Phase C-1. as recorded in Cabinet A. Slide 4596, P'lat ReccrdSr Tan'ant County. Texas, said pin also lying in the south line of Lot 24, Black 3, SOUTHRi©GE LAKES Phase I. as recorded in Cabinet A, Slide 468, Plat Records, Tan'ant Ccum,! Texas: THENCE North 89 degrees 28 minutes 14 seconds East a distance of 57.50 feet to a 5~" iron mn found with cap marked, "SEMPCO, INC." for the southeast comer of LQt 24 and for ~ most westerly scutt'~est comer of Lot 23. in said Block 3; THENCE South 40 degrees 46 minutes 42 seconds East at 165 feet passing 0.75 of a foot east of a 5t8" iron pin found with cap marked, "SEMPCO, INC.", in all, a total distance of 334 41 feet to a 5/8" iron pin found with cap marked, "SEMPCO, INC." for the most so~ sc,~lhwest corner of Lot 20. Blod~ 3, SOUTHRIDGE LAKES. Phase II, as recorded in Cabinet A. Slide 487, Plat Records, Tan"ant County, Texas, from which a 5/'8" iron pin found bears 0.4 cf a ;oct, South 02 degrees 46 minutes West; THENCE North 89 degrees 32 minutes 02 seconds East a distance of 308.09 feet along south line oF said Block 3 to a 518" iron oin found with cap marked, "SEMPCO, INC." for most northerly northeast comer of said of said Grace Presbyterian Church tract, and for the ,",orthwest comer of Lot 1, Block 6, SOUTHRIDGE LAKES, Phase 6ol, as recorded in Cabinel A. Slide 657, Plat Records, Tan"ant County, Texas; THENCE South 00 degree 29 minutes 33 seconds East a distance of 57.02 feet along *cost line of said Lot 1 to a 518" iron pin found with cap marked. "SEMPCO, INC." for the '-o~heast corner of Lot 2 Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A Slide 657 Plat Records, Tarrant County Texas: THENCE South 89 deerees 30 minutes 13 seconds West a distance of 12602 feet to a :rco pin found with cap marked. "SEMPCO, INC." for the northwest comer of said Lot 2, fro~l ~.t~mh a 5/8" iron pin found with cap marked, "SEMPCO, INC." bears 24.0 feet, So*Ah 89 degrees 37 minutes West; THENCE South 00 degree 34 minutes 34 sec. ond~ East a distar~ of 328.16 feet to a ~m fourxJ with cap marked, "SEMPCO, INC." in the rx~'th tine of We,~t Southlake Bo~Jle'v'acd - I Farm to Market High, way 1709) for the southeast corner of said Grace Presbyterian Chtrtch tract ar'd [ar the southwest corner of said Lot 2, from which a 1/2" iron pin found for the sorer-east corner o~ said Lot 2 bears 125 5 feet, North 89 degrees 19 minutes East; THENCE South 89 degrees 33 mites 05 seconds West a distance of 456.53 feet along the nedh Iine of West Southlake Boulevard to a 1/2" iron pin found w~th cap marked, "AREA SURVEYING" for the southwest comer of said Grace Presbyterian Church tract and for the southeast comer of Lot 5, Block 6, SOUTHRIDGE LAKES, Phase C, as recorded in Cabinet A. Slide 2199, Plat Records, Tanrant County, Texas; THENCE North 00 degree 28 minutes 11 seconds West at 175 0 feet passing a 1/2" iron pin found ,~ih cap marked, "AREA SURVEYING" for the northeast corner of said Lot 5 and for the sc.utheast comer of Lot 14, Block 6, SOUTHRIDGE LAKES, Phase C-1. as recorded in Cabinet A. Slide 4596, Plat RecOrds, Tan-ant County, Texas. in all, a total distarmo of 640.04 feet to ~ POINT OF BEGINNING. said deSC. nbed tract c~ntaining 5169 acres of land. EXHIBIT "B" R.PA[ TRACT MAP 45 49 5.3 52 22 ~ "SF-20A" 24 25 15 19 2O GP. EGG !8 12 16 I£ 11 20,~ SAN :3UR PEAKS DEVELOPMENT INC TR SOUTHLAKE 114 INVESTORS F.M. 1709 REALTY INCOME PR~P LPI TR 3G STATE OF TEXAS "S-P-1" CARROLL ~SD ADJACENT OWNERS AND ZONING lu'' 10 8 5 2 15 16 SOUTHRIDGE LAKES HOMEOWNER'S ASSOC "C-3" lSD "AG" 7 _ _ INVOICE Reprint Star-Telegram Customer ID: CIT57 t_� 1l ,. li 4 A �", Invoice Number: 154072571 What do you want to know? �-- Invoice Date: 7/9/99 Terms: Net due in 21 days Star-Telegram Due Date: 7/31/99 400 W.7th Street PO Number: FORT WORTH,TX 76102 Order Number: 15407257 (817)390-7761 Federal Tax ID 22-3148254 Sales Rep: 073 Description: CITY OF SOUTHLA Bill To: CITY OF SOUTHLAKE 667 N CARROLL AVE , SOUTHLAKE, TX 76092-6412 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 80 80 LINE $2.76 $440.80 Sal Qs Disount ($376.00) Start Sate: 7/9/99 Stop Date: 7/9/99 CITY OF SOUTHLAKE, 1 ORDINANCE NO.480-312 AN ORDINANCE ORDINANCE NO AMENDING 480_, ASAMENDE Net Amount: $64.80 HENSIVED ZONING O ORDI- NANCE OF THE CITY OF SOUTHLAKE, CHANGE GRANTING ON AA C RTIAIN TRACT OR TRACTS OF LAND LITHIN THEF SOUTH- AKE TEXAS C(TY BEING LEGAL- LY DESCRIBED.AS TRACT 1D5 SITUATED IN THE A.A. • FREEMAN SURVEY AB- STRACT NO. 522 AND BE- ' ING APPROXIMATELY 5.169 ACRES, AND MORE FULLY THE STAT SAND BED I COMPLETENEXHIBLY IT DE- CRI A County of FROM "C3" GENERAL COM- MERCIALTO'CS COMMUNI- TY SERVICE DISTRICT AS DE- PICTED ON THE APPROVED -. Before me, CONCEPT PLAN ATTACHED said County and State,this day personally appeared Tammie;nryant, Bid and Legal Coordinator, for the Star- HERETO AND INCORPORAT- Telegram, p ED HEREIN AS EXHIBIT B ram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the SUBJECT TO THE SPECIFIC attached cut REQUIREMENTS CON-was publis ed in the bove named paper on the listed dates. TAINED IN TECISTI ORDI- NANCE; CORRECTING THE OFFICIAL SERVING ZONING OTHER POR %)'"--2-5N,,....., - TIONS OF THE ZONING ORDI- NANCE DETERMINING SUBSCRIBEI THAT THE PUBLIC INTER-ORE ME,THIS Wednesday, September 22, 1999. EST, MORALS AND GENER- ARE DEMAND TAND , \ 1, ;•,r�` `�i ZONING CHANGES AND ry t�,J\ ��,,�/J �/!1/�iJ�L1-LV,I�� AMENDMENTS HEREIN I`>����x'JRi9, NOta Public A n a . MADE,- PROVIDING THAT • Y: THIS ORDINANCE SHALL BE '" CUMULATIVE OF ALL ORDI-tart' Puelicw- f: NANCES'PROVIDING A SEV- V d' ERABILITY CLAUSE;PROVID- 01 Texas V ING FOR A PENALTY FOR VI- V u OLATIONS HEREOF 3"01-2000 tl Thank-Y a PROVIDING A SAVINGS CLAUSE; PROVIDING FOR feyntcd?, PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO • - VIDING AAN NCTION JIVE DATE. Any person, firm or corpora- tion who violates, disobeys, omits, neglects or refuses to comply with or who re- sistsRemit To: f the visions of nt sf any of the provisions be of this ordi- Customer ID: CIT57 nance shall be fined not more than Two Thousand Dollars t52.000. for day offense.Each day that Customer Name: CITY OF SOUTHLAKE a violation is permitted to ex- ist shall constitute a sepa-TX 76101-2051 rate offense. Invoice Number: 154072571 PASSED AND APPROVED BY THECITY COUNCIL THE Invoice Amount: $64.80 CITY OF SOUTHLAKEE,, TEX- AF,JO Invoi199ce THE 6TH DAY MAYOR RICK STACY PO Number: ATTEST: SANDRA L.LEGRAND, - CITY SECRETARY Amount Enclosed: 1$ APPROVED AS TO FORM: E. VTTR JR. IT AONEY � FED. I.D. NO. 22 3148254 Star-Telegram AD ORDER NO. 15288871 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TEXAS ituEnty ofSTATE TarrantOF Before me, a Notary Public in r i8i& my and State, this day 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: 7- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT 6/18ME__15_288871 CITY OF� SOUTHLAK I358 1x 81L 81 QUOTE 65 . 61 CITY OF SOUTEXASHLAKE, 0 6/1 8-O L1-u.----.-- ORDINANCE NO.480-312 AN ORDINANCE AMENDING ORDINANCE NO. 480 A. AMENDED, THE COFAPRE- 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 TRACT 1D5 SITUATED IN THE A.A. FREEMAN SURVEY, AB STRACT NO. 522 AND BE ING APPROXIMATELY 5.16E ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT 'A" FROM "C-3' GENERAL COM- MERCIAL TO"CS'COMMUNI- TY SERVICE DISTRICT AS DE- 0 PICTED ON THE APPROVED CONCEPT PLAN ATTACHED SIGNEDL 44, _ HERETO AND INCORPORAT- ED HEREIN AS EXHIBIT "B' 21ST JUNE 1999 SL SUBJECT EOUi EMENTSHE SPECIFIC SWORN TO BEFORE ME, THIS THE DAY OF TAINED IN THIS ORDI-. ‘...i�,`,�, - NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- i+.9Y.r��h I SERVING ALL OTHER POR- .. 'e�'4 RHONDA R. GOKE otary Public TONS OF THE ZONING ORDI- ?.' ••.,.- ' THATETHE PUBLIC INTERiN:• ::i COMMISSION EXPIRES 1 EST, MORALS AND GENER-I r NG 4 . AL WELFARE DEMAND THE 40 'I,.F......•••,-* SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS ZONING CHANGES AND 4.... _ AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- ERABILITYCLLAUSE PROVID-- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FOR VI- OLATIONS HEREOF;PROVID- —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A __ ING A SAVINGS CLAUSE; - PROVIDING FOR PUBLICA- TION IN THE OFFICIAL NEWS-I PAPER,AND PROVIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpora- tion who violates, disobeys, omits, neglects or refuses to comply with or who re-dram REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand ACCOUNT AMOUNT Dollars ($2,000.00) for NUMBER C I T 5 7 DUE 65 . 61 each offense.Each day that a violation is permitted to ex- ist offense.constitute a sepa- rateIF ANY QUESTIONS, PLEASE CALL(817)390-7885 PASSED ANNDD APPROVED BY PAGE1 CS THE CITY COUNCIL OF THE CITY AS ON JUNOEU15�1999 DUR- ING THE REGULAR CITY COUNCIL MEETING. MAYOR RICK STACY ATTEST: , SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY S CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY &. TTHISAMOUNTSOUTHLAKE , TX 7602-641265 . 61 PLEASE WRITE IN AMOUNT ENCLOSED