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480-323CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-323 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 TRACTS 1, IA, lC, 1D, AND 3A SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 37.416 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT 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 SEVERAB1LITY 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 N:\COMMUNI FY DEVELOPMENqZWP-FILES\ZBA\PENDING\480 323 DOC Page i WHEREAS, the hereinafter described property is currently zoned as "SF-20A" Single Family Residential 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 h~ 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 a~nd other public facilities; and, WItEREAS~ 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, N:\COMMUNITY DEVELOPMEN3~WP FILES\ZBA\PENDING\t'80'323 DOC Page 2 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 amenchnents, 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 Page amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1, lA, lC, 1D, and 3A situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 37.416 acres, and more fully and completely described in Exhibit "A" from "SF-20A" Single Family Residential District to "CS" Con~nunity Service District, as depicted on the approved site plan attached hereto and incorporated herein as Exhibit "B", subject to the specific requirements contained in this ordinance. 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 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 £med not mom 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 N:/COMMUNITY DEVELOPMENT~WP-FILES/ZBA/PENDING/480 323 DOC Page 5 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 ~,~, 2000. / M-A~'bR ATTEST: C(TY SECRETARY N:/COMMUNITY DEVELOPMEN'I~WP-F[LEfi~ZBA\PENDING\480 323.DOC Page 6 PASSED AND APPROVED on the 2nd reading the / day of~, 2000. ATTEST: APPROVED AS TO FORM AND LEGALITY: N:\COMMUNITY DEVELOPMENTXWP-FILES\ZBA\PENDING\480'323 DOC Page ? EXHIBIT "A" All of that certain parcel or tract of land situated in the JOHN A FREEMAN SURVEY, Abstract N~. 529, Tarram County, Texas and embracing 12.135 acre tract described in the deed to Kimball Ridge Limited as recorded in Volume 12593, Page 1825 of the Deed Records, Tarrant County, Texas and embracing 5.660 acre tract described in the deed m Kimball Ridge Limiled as recorded in Volume 12593, Page 1835 of said Deed Records and embracing the 13,408 acre tract and 6.214 acre tract described in the deed to Kimball Ridge Limited as recorded in Volume 12593, Page 1829 of said Deed Records and being more particularly described by metes an bounds as follows: COMMENCING at the northwest comer of Lin I, Meadow Oaks Subdivision, an Addition to the City of Southlake, as recorded in Volume 388-129, Page 39, Plat Records, Tm'rant County, Texas and said point being in the east right-of-way of old Fortune Road (Kimball Road) as cited in said deed; THENCE North O0 degrees 02 minutes 17 seconds West, 36.26 feet and South 89 degrees 57 minutes 43 seconds West, 44.19 feet to the POINT OF BEGFNNING OF THE HEREIN DESCRIBED TRACT: BEGINNING at a 3/8 inch steel rod found for the northeast corner of said 12.135 acre ~xaet and being in the westerly rlghbof-way line of Old Fortune Road (Kimball Road) as cited in said deed; THENCE South 00 degrees 26 minutes 46 seconds East with the easterly boundary line of said 12.135 acre tract and said westerly right-of-way line, 399.81 feet to a 5/8 inch steel rod found for the southeast corner of same and for the northeast comer of said 5.660 acre tract; THENCE South 00 degrees 22 minutes 12 seconds East with the easterly boundary line of said 5.660 acre tract and said westerly right-of-way line and passing at 182.69 feet a ½ inch capped steel rod stamped "Moak Sutv. Inc." set for the soutbe~st comer of same and commencing with the westerly boundary line of said 6.214 acre tract in all a lotal distance of 489.67 feet a 3/8 inch steel rod found for the southeast comer of same and for the northeast corner of said 13.408 acre tract.; THENCE South 00 degrees 01 minutes 05 seconds East with the easterly bounda~ linc of said 13.408 acre tract and the westerly fight-of-way line. 333.96 feet to a V~ inch capped steel rod stamped "Moak Surv. Inc." found for the southeast corner oftbe same; THENCE South g9.degrees 13 minutes 21 seconds West with the southerly boundav] line of said 13.408 acre tract. ~319.44 feet to a 1/4 inch steel rod found for the southwest comer oftbe same; THENCE North 00 degrees 07 minutes 00 seconds West with the westerly boundary line of said 13.408 acres tract and generally with a fence, 463.71 feet to a 3/8 inch steel rod found for the northwest comer of same and for the southwest corner of said 6.214 acre tract; THENCE North 00 degrees 22 minutes 49 seconds West with the Westerly bounda~ line of said 6,214 acre tract and generally with said fence and passing m 190.77 feet a V, inch capped steel md stamped "Moak Surv. lac" found for the southwest comer of said 5.660 acre tract and passing at 381.81 feet a V2 inch capped steel rod stamped"Moak Surv, Inc." found in a fence for the northwest comer of same and for the south-~est comer of said 12.135 acre tract ~nd generally with said fence, in all 781.75 feet to a Y2 inch steel rod found on the north side of a fence comer post for the northwest comer of said 12.135 acre tract and for the southwest comer of the tract described in the deed to Donald R. Bofk recorded in Volume 7791, Page 1717 of said deed records; THENCE South 89 degrees 58 minutes 41 seconds East with the northerly boundary line of said 12.135 acre tract and the southerly boundary line of said Botik tract and generally with said fence, 590.1 g feet to a 518 inch steel rod found in said fence for the southeast corner of said Botik tract and for the southwest comer of lbo tract described in the deed to Dan V. Madse recorded in Volume 7509. Page 419 of said Deed Records. Thence South 89 degrees 41 minutes 38 seconds East continuing with said northerly boundary line of said 12.135 acre tract and generally with said fence and with the Southerly boundau line of said Matise tract and passing a 3/4 inch steel rod found for the southeast corner of same at 464.72 feet. in a total distance of 728.90 feet to the place ofboginning and containing 37.416 acres of land more or less as surveyed by David C. Moak Surveyors, Inc. N:\COMMUNITY DEVELOPMENTXWP FILES\ZBA/PENDING\480 323 DOC Page 8 ~ 6 EXHIBIT "B" City of Southlake, Texas Tract IVlap ZA99-120 _ SGUIHLAK 0.5 0.5 I Miles lq City of Southlake, Texas Surrounding Property Owners ZA99-120 15 Property Owner Zoning l. Southlake Land Ltd. 2. Greenway - 1709/Eleven Partners 3. Southlake Plaza II Ltd Prtn 4. R. Teeter 5. J. Miller 6. H. Carr A. James 8. C. Po 9. T. Thompson 10. G. Thompson 11. C. Johnson 12. J. Wang 13. D. Faglie 14. 620 S. Kimball Prtnshp Ltd. 15. I. Petty 16. D. Minder 17. J. Logan 18. G. Tuttle 19. G. Thayer 20. L. Faughn 21. C, Dorris 22. M. Mayfield 1. "B- 1" 2. "B-I" 3. "B-I" 4. "AG" 5. "SF- lA' 6. "SF- lA" 7. "SF- lA" 8. "SF- 1A" 9. "SF-1A" 10. "SF- 1A" 11. "SF-IA' 12. "SF-IA' 13. "SF-IA' 14. "AG" 15. "AG" 16. "SF- IA" 17. "SF-1A" 18. "SF-1A" 19. "SF-IA" 20. "SF- 1A" 21. "SF-1A' 22. "SF- IA" N :\Community Development\WP-FILES\NOTICE\99Exhibits\99120ZSP.doc Land Use Designation 1. Office Commercial 2. Office Commercial 3. Office Commercial 4. Office Commercial 5. Retail Commercial 6. Retail Commercial 7. Retail Commercial 8. Low Density Residential 9. Low Density Residential 10. Low Density Residential 11. Low Density Residential 12. Low Density Residential 13. Low Density Residential 14. Medium Density Residential 15. Medium Density Residential 16. Low Density Residential t7. Low Density Residential 18. Low Density Residential 19. Low Density Residential 20. Low Density Residential 21. Low Density Residential 22. Low Density Residential --iC- 15 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 166216071 FORT WORTH,TX 76102 Invoice Date: 2/4/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/29/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16621607 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/4/00 Attn: ' r: Location Col Depth Linage MU Rate Amount ".IW 3', CITY OF SOU' '' No. "DNAstDIN 1158 1 81 81 LINE $5.79 $468.99 WENDED, THE C RE- HENSNE ZONING ORDI- NANCE OF THE CITY OF Sales Discount GRANTINGE' A ZONING ($403.38) CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS TRACTS 1 lD,1C 10,AND AEE- Net Amount: $65.61 APED IN THE JOHN A..FRREE- MAN SURVEY ABSTRACT NO. 529 AND BEING AP- PROXIMATELY 37.416 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM"SF-20A"SINGLE FAM- ILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SER- VICE DISTRICT AS DEPICT- ED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HERE- IN AS EXHIBIT"B",SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS THEORD(OFFICIAL ZONING MAP PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE THE STATE O AME MENTFS NGESHEREIN County of Tarr G THAT T1HISE ORDINANCE NSHALL BE CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- Before me,a N ERABILITY CLAUSE;PROVID- J County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- ING FOR A PENALTY FOR VI- Telegram, publ OLATIONS A HERE OF- I, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the PROVattached clippir CLAUSE; PROVIDING FOR ;published in the above named paper on the liste dates: PUBLICATION IN THE OFFI- CIAL NEWSPAPER,AND PRO- VIDING AN EFFECTIVE DATE. d SECTION 7. Anyo person, firma or disobeys, / corpora- tion who violates, disobeys, SUBSCRIBED/ cmit,neglectswo or refuses to LE ME,THIS Thursday,March 0 2000. comply eh who resists the enforcement any of the provisions of this no / i ordi- nance shall be fined not Notary Public ( L �- z_egt_a2-- more than Two Thousand Dollars (52,000.001 for each offense.Each day that a violation is permitted to ex- DAWN M. KUYKENDALL ist shalloftconstitute a sepa- COMMISSION EXPIRES Ate offense. , `' PASSED AND APPROVED �\ ' THIS THE 1ST DAY OF I ' 'G41.11.ay SEPTEMBER 13,2003 • FEBRUARY, 2000 OUR- ' COU Thank You NCIL MEETING. CITY nt MAYOR:Rick Stacy ATTEST: Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: Wayne K.Olson, City Attorney 1 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 166216071 Invoice Amount: $65.61 PO Number: Amount Enclosed: 1 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 165455691 FORT WORTH,TX 76102 Invoice Date: 1/22/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16545569 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 1/22/00 Attn: ACCOUNTS .PAYABLE k7 CITY OF SOUTHLAKE, a -r TEXAS �€ NOTICE of ., LINE PUBLIC HEARING NOTICE IS HEREBY. GIVEN CITY OF SOUTH that the City Council Texas,will Council of the City of Sout I358 1 87 87 $5.79 $503.73 be holding a public hearing during the Regular City Coun- cil Meetipg to be held on Feb-i ($433.26) Sales Discount ruary 1, 2000 in the city Council Chambers of City Hall,667 North Carroll Ave- nue, Southlake Texas, whereby the City Council will consider the second reading of the following ordinance: CITY OF S LAKE, Net Amount: $70.47 ORDINANCE NO.480-323 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS 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- I-AKE TEXAS BEING LEGAL- LY DESCRIBED AS TRACTS 1, IA,IC ID,AND 3ASITU ATED IN THE JOHN A.FREE MAN SURVEY, ABSTRACT NO_ 529, AND BEING AP PROXIMATELY 37.416I ACRES, AND MORE FULLY AND COMPLETELY DE SCRIBED IN EXHIBIT 'A" FROM'SF-20A"SINGLE FAMI- LY RESIDENTIAL DISTRICT TO 'CS' COMMUNITY SER- THE STATE OF TE VICE DISTRICT AS DEPICT- County of Tarrant OVED srrE PLANNATITACHEDRE TO AND INCORPORATED HERE- IN AS EXHIBIT"B",SUBJECT Before me,a Notar NFIT AL ZON NE MAP;PRE-unty and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, publishes TiONs F THE ZONING SO- at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say that the attached clipping of HCE PUBLIC INTER- EST, in the above named paper on the listed dates: THAT THE PUBLIC INTER- p p EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND 'S ' AMENDMENTS HEREIN - THAT SUBSCRIBED AND T^HISEORDINANCENSHALL BE CUMULATIVE OF ALL ORDI-E,THIS Friday,January 2 , 000. NANCES-PROVIDING A SEV-, ERABILIT'Y CAUSE'PROVID- ING FOR A PENALTY FOR VI- OLATIONAbli•aAdS HEREOF,, Notary Public PROVIDING A SAVINGS / CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- DAWN M. KUYKENDALL ' CIAL NEWSPAPER;AND PRO- VIDING ANEFFECTIVEDATE. el*. COMMISSION EXPIRES SECTION 7- ' Any person, firm or corpora- ' v SEPTEMBER 13,2003 ' tion who violates, disobeys, • -tq,y,3' omits, neglects, or refuses- _ _ - Thank You Fc 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 ($2,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. Remit To: Customer ID: CIT57 i Sandras�Leek nd, P.O. t OX 9taruIU51 - Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 165455691 Invoice Amount: $70.47 PO Number: Amount Enclosed: $