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480-329CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-329 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 LOT 2, BLOCK 61, TIMARRON ADDITION, AN ADDITION TO THE CITY OF SOU'I~LAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 5841, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 1.13 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT USES AND THE "C-2" LOCAL RETAIl. COMMERCIAL DISTRICT USE OF HEALTH SERVICE FACILITIES 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 AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuam 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 "R-PUD" Residential Planned Unit Development 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 Page 2 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 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, WItEREAS, 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, WItEREAS, 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 properly 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 COUNCI~ OF THE 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 Lot 2, Block 61, Timarron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5841, Plat Records, Tarrant County, Texas, and being approximately 1.13 acres, and more fully and completely described in Exhibit "A" from "R-PUD" Residential Planned Unit Development District to "S-P-1" Detailed Site Plan District with "O- 1" Office District uses and the "C-2" Local Retail Commercial District use of health service facilities 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 def'mitions of said Zoning Ordin~ance 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 Page 4 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 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 ~~'~000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 7 day o~000. MAYOR APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: _~ ADOPTED:~/I' EFFECTIVE:~A~ N:ICOMMUNFfY DEVELO pM ENTxWP-FILES/ZBA IpENDINGI480-329.DOC Page 7 EXHIBIT "A" Lot 2, Block 61, Timarron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5841, Plat Records, Tarrant County, Texas, and being approximately 1.13 acres Page 8 EXHIBIT "B" N/COMMUNITY DEVELOpMENT~Wp-FILES/ZBA\PENDING\480 329.DOC Page 9 EXHIBIT "C' REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS FEBRUARY 1, 2000 MINUTES Motion was made to approve Ordinance No. 480-329, 1st Reading, accepting the applicant's commitment to redesign the building moving it further away from the road and save the trees; subjecting that, deleting item #2.a and deleting #3; driveway on F.M. 1709 has right-out-only and full access entrance. Motion: Edmondson Second: Fawks Ayes: Edmondson, Fawks, Kendall, Moffat, DuPre, and Potter Nays: Stacy Approved: 6-1 vote Page EXHIBIT "C' REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 MARCH 7, 2000 MINUTES Motion was made to approve ZA 99-124, subject to the Plan Review Summary No. 4; recognizing the comments made in the motion from the Planning and Zoning Commission; granting the variance requesting the driveway spacing; allowing the variance requested in the driveway intersection to F.M. 1709, stacking depth; and providing partial relief to parking spaces to allow a 10% reduction in parking; and accepting alternate #1 with the shared driveway with the Richards property. Motion: DuPre Second: Edmondson Ayes: DuPre, Edmondson, Potter, Fawks, Kendall, Moffat, and Stacy Nays: None Approved: 7-0 vote N:\COMMUNIT5 DEVELOPMENTIWP FILES/ZBA/PENDING/480-329.DOC Page 11 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 168368511 FORT WORTH,TX 76102 Invoice Date: 3/10/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16836851 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/10/00 ay e # &- 3" ` W,�i as s ,j,,, ., �s „ CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 87 87 LINE $5.79 $503.73 _ CITY OF ORDINANCE SOUTHLAKE,TEXAS80- 29 Sales Discount AN ORDINANCE AMENDING ($433.26) ORDINANCE HOE COh,PRE AS AMENDED, T HENSIVE ZONING ORDI- NANCE OF THE CTEXAS SOUTHLAKE, GRANTING A ZONING; $70.47 CHANGE ON A CERTAIN' Net AmOunt TRACT OR TRACTS OF LAND � WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL WESTERN RI PORTION THE TRACT 5D2 SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899 AND BEING APPROXI MA�ELY 1.127 ACRES,AND pLOET ELY DESCRIBED INOEX- HIBIT^A"FROM R-PUD RESI- DENTIAL PLANNED UNIT DE- VELOPMENT DISTRICT TO "S-P-1"DETAILED SITE PLAN DISTRICT WITH O-1 OFFICE DISTRICT USES AND THE C- ER CIALO DISCALTRICTETAIL USE MOF HEALTH SERVICE FACILI- TIES AS DEPICTED ON THE APPROVED SITE PLAN AT- AD IN CORPORATEDE TO HEREIN AS THE STATE OF EXHIBIT "Er, SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS County of Tarra OIRDIOFFIE AL ZONING MAP WRIT G F HLE ZONING Before me,a No ORDINANCE; DETERMINING Countyand State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, publis THTT, THE S ALIC INTER-Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the EST, MORALS AND D THE attached clipping AL WELFARE DEMAND NE ZONING CHANGES AND ublished in the above named paper on the listed dates: AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE \A�M q CUMULATIVE OF-ALL ORDI- 1.v" "1� NANCES-PROVIDING A SEV- / ERABILITY CLAUSE'PROVVI-I"IE,THIS Tuesday, March 2 000. '// //92 SUBSCRIBED Al` ING FORA PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR Notary Public PUBLICATION IN THE OFFI- • VIDINGEAN EFFEEC'I IVE DATE. SECTION 7. 41, Any person, firm rdc disobeys, s— - __—w_w�- omits, neglects or refuses DAWN M. KUYKENDALL silts he comply rceme t of an r eTh COMMISSION EXPIRES • Thank You Fe of the provisions of this ordi-t ,� SEPTEMBER 19,2003 • Hance shall be fined not more than Two Thousand Dollars ($2,000.00) for_ each offense.Each day that a violation is permitted to ex- atehall constitute a sepa- PTHEECIITY COUNCILOOFDTHE Remit To: Sta AS ON THISUTHE 7TH DAY Customer ID: CIT57 P.�MAYOR RICHK STACY ATTEST Customer Name: CITY OF SOUTHLAKE CITY RA L.AS TO L ARRAND, FO APPROVED FORM: 76 101-205 1 Invoice Number: 168368511 E.ALLEN TAYLOR JR., CITY ATTORNEY -- Invoice Amount:ount: $70.47 7 PO Number: Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 166203191 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 667 N CARROLL AVE Order Number: 16620319 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: NOTICE OF PUBLI Publication Date: 2/4/00 Attn: NOTICE OF PUBLIC HEARING Location Col Depth Linage ` -MU Rate Amount - '- Notice is hereby given by tl.. City Council of the City • Southlake,Texas,that a $544.26 NOTICED • lic hearin will be held`o, .otic 1358 1 94 94 LINE S5.79 February 15, 2000 during the Regular City Council Meeting to be held in the Sales Discou City Council Chambers of ($468.12) City Hall 667 North Carroll Avenue,Southlake,Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: CITY OF SOUTHLAKE, TEXAS $76.I4 ORDINANCE NO.480-329 Net Amount: AN ORDINANCE JCNO.E AMENDING AS AMENDED. THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKF, TEXAS' CHANGEGON AA CERTIAIN TRACT OR TRACTS OF LAND WITHIN THE F SOUTH- LAKE,TEXAS BEITY NG LEGAL- LY DESCRIBED AS THE WESTERN PORTION OF TRACT 5D2 SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXI- MATELY 1.127 ACRES,AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT"A"FROM"R-PUD"RESI- DENTIAL PLANNED UNIT DE- S P-11"DETAIL DISTRICTIT PLAN THE STATI DISTRICT WITH"0-1'OFFICE County of 1 2D'SLOCALTRIT URETAILNCDOMMER- CIAL DISTRICT USE OF HEALTH SERVICE TI AS EP ON HE aid County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star Before me,' APPROVED SITE PLAN AT- Telegram,p TACHED HERETO AND IN- Im, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the CORPORATED HEREIN AS attached cm EXHIBIT "B" SUBJECT TO as published in the above named paper on the listed dates: THE SPECIFIC REQUIRE- , MENTS CONTAINED IN THIS ORRECTING THEIOFFIC AL ZONING MAP; -Ste! PRESERVING ALL OTHER , PORTIONS OF THE ZONING SUBSCRIBE ORDINANCE; DETERMINING THAT THE PUBLIC INTER- R E ME,THIS Thursday,March 2000. EST. MORALS AND GENER- AL �J{'�//,(, ONING WELFARE DEMAND THEN 2�- / / oLC.3---C.....___ AMENDMENTS CHANGES AND , �,L „ E- PROIDING HEREIN HAT Notary Public THIS ORDINANCE SHALL BE -- - - --- - -- - CUMULATIVE OF ALL ORDI- 1 NANCES-PROVIDING A SEV- DAWN M. KUYKE •%ALL ' ERABILITY CLAUSE;PROVID- ING FOR A PENALTY FOR VI- ''�� COMMISSION EXPIRES PROVIONS HEREOF; SEPTEMBER 13,2009 PRAUSENGPROVIDINGVINOR ,. Thank Yoe PUBLICATION IN THE OFFI rentCIAL NEWSPAPER.AND PRO- VIDING AN EFFECTIVE 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. Remit To. the shalprovisions of thid ondt Customer ID: CIT57 nance shall be fined not more than Two Thousand Dolleach (52,000.00)Eah for Customer Name: CITY OF SOUTHLAKE each offense.Each day that a violation is permitted to ex- rate offense.t offens se.hall constitute a sepa-TX 76101-2051 Invoice Number: 166203191 r City of Southlake Sandra L.LeGrand. ' City Secretary i Invoice Amount: $76.14 PO Number: Amount Enclosed: