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480-347CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-347 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 1R3, BLOCK 1, GEORGETOWN PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4041, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 1.554 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "O-1" OFFICE 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, 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 N:\Community Development\WP-FILESXZBA~ENDING\480-347.doc Page 1 general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail 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 heating 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 tim 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, N:\Community Development\WP-FILESXZBA~PENDING 480-347.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 an~endments, 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and N:/Conmmnity Development~WP-FILES~ZBA~PENDING\480-347.doc Page 3 amended as shown and described below: Being Lot 1R3, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas, and being approximately 1.554 acres, and more fully and completely described in Exhibit "A" from "C-2" Local Retail Commercial District to "O-1" Office 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 community. They have been made after a full and complete heating with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses N:\CommuniTy Development\WP-FILES~ZBA\PENDING 480-347.doc Page 4 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 N: Community DeveI~pment\WP-FILES~ZBA~PENDING\480-347.doc Page 5 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 (I0) 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 (~]_~.,lJ.~ , 2000. / ATTEST: CITY SECRETARY N \Communily Development\WP-FILES'~ZBA\PENDiNG/480-347.doc Page 6 PASSED AND APPROVED on the 2nd reading the /~ day of.~ ,2000. APPROVED AS TO FORM AND LEGALITY: CITY~ATTOP,~I~y DATE: [?.J..~ff.4,~ [ / ~,~O~) ADOPTED: EFFECTWE: N:,Community Development\WP-FILES~ZBAkPENDING\480-347.doc Page 7 EXHIBIT "A" Lot 1R3, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas, and being approximately 1.554 acres N:\Community Development\WP-FILES~ZBA\PENDINGi480-347.doc Page 8 EXHIBIT "B" 2 N:~Conununity Developmcnt\WP-FILES~ZBA\PENDING\480-347.doc Page 9 Vicinity Map Lot 1R3, Block 1, Georgetown Park CITY OF GRAPEVINE 2000 0 2000 Feet N S Case No. Agenda Item Attachment B ZA 00-040 7C Page 1 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 175223861 FORT WORTH,TX 76102 Invoice Date: 6/30/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17522386 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/30/00 ' E� "` -�•I1�3 € �� � .r t s rr�, �f� „ �� � .,.,.. �` use, � CITY OF S SOUTHLAKE,FTEXAS IOTIC 1358 1 106 106 LINE $5.79 $613.74 NOTICE was hereby given to all interested persons that the City Council of Sales Disco the City. of Southlake, ($527.88) Texas will be holding a public hearing during the regular city council meet- ing to be held on July 18 2000, at 7:00 p.m. The meeting will be held in the City Council Cham- bers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Pur- pose of the hearing will be held regarding the fol- lowing: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-347 AN AMEND- ING ORDINANCE ORDINANCE NO . 480 AS AMENDED, THE ING�ORDINANCE OF IVE ZON- ING I TEXAS, GRANTING GRANT GAK A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- GALL 1 T DESCRIB DESCRIBED AS ' LOT 1R3, BLOCK 1, GEORGETOWN PARK, AN THE STA ADDITION TO THE CITY I OF SOUTHLAKE, TAR- County of ACCORDINGNTYt0TEXHE PLAT RECORDED IN CABI- NET A SLIDE 4041, Before m PLAT {tECORDS, TAR- aid County and State,this day personally appeared TAMMIE BRYANT, 3id and Legal Coordinator, for the RANT COUNTY, TEXAS, Star- Telegram, AND BEING Al -PPRXIim, Inc.at Fort Worth,in Tarrant County, Texas;and who, after being cult'sworn,did depose and say that the MATELY 1.553 ACRES, attached CI AND MORE FULLY AND :as published in the above named paper on the listed dates: COMPLETELY DE SCRIBED IN EXHIBIT' A" FROM "C-2" LOCAL RE wii,.C...k ..s._. ...S' - TAIL COMMERCIAL DIS- IIIMMIIIIIIMp TRICT TO "0-1" OFFICE DISTRICT AS DEPICTED IRE ME,THIS Friday,"� 30,2000. SUBSCRIB ON THE APPROVED CON- CEPT PLAN ATTACHED HERETO AND INCORPO- 1449 RATED HEREIN AS EXHIB- IT "B" SUBJECT TO THE Notary Public SPECIFIC REQUIREMENTS - = J CONTAINED IN THIS OR- //� DINANCE CORRECTING - -+ - - -THE OFFICIAL ZONING DAWN M. KUYKENDALL MAP', PRESERVING .AcLL OTHR PORTIONS OF.+. COMMISSION EXPIRES THE ZONING ORDI- '�� HACE DETERMINING SEPTEMBER 13,2003 Thank Y( THAT THEa PUBLIC INTER- EST MORALS AND A N- THEL ZONING E CHANGESS 1ent AND AMENDMENTS HEREIN MADE; PROVID- 1-- ING THAT THIS ORDI- NANCE SHALL BE CUMU- LATIVE OF ALL ORDI- I SEVERNANCABILITYOVICLAUSE I Remit To PROVIDING FOR A VIOLATIONS ' Customer ID: CIT57 HEREOF. PROVIDING A ' SAVINGS cL PUBLICATION PRO- VIDING Customer Name: CITY OF SOUTHLAKE IN THE EFOOR ICIALIGNEWS- ANPER AND PROVIDING 76101-2051 Invoice Number: 175223861 AN EFFECTIVE DATE. IX SECTION 7. Any person, firm or corpo- ration who violates, dis- Invoice Amount: $85.86 obeys, omits, neglects or refuses to comply with or who resists the PO Number: enforcement of any of the provisions of this or- dinance shall be fined Amount Enclosed: 1$ not more than Two Thou- sand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate of- fense. Sandra L. LeGrand City Secretary,_ r_ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 176358741 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/21/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17635874 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 7/21/00 N , 1 1)epth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 99 99 LINE $5.79 $573.21 CITY OF Sales Discount SOUTHLAKE, TEXAS ORDINANCE NO. 480-347 ($493.02) N ND A NG ORDINANCE IRDINANCE ME NO. 480 AS AMENDED, THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS GRANTING A Net Amount: $80.19 ZONING` CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- GALTNG Lc DESCRIBED AS LOT 1R3, BLOCK 1 GEORGETOWN PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TAR- RANT COUNTY TEXAS ACCORDING t0 THE PLAT RECORDED IN CABI- NET A, SLIDE 4041, PLATE RECORDS TAR- RANT COUNTY, TEXAS, AND BEING APPROXI- MATELY 1.553 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM C-2" LOCAL RE- TAIL COMMERCIAL DIS- TRICT TO 0-1" OFFICE DISTRICT AS DEPICTED THE STATE OF TI ON THE APPROVED CON- CHED County of Tarrant HERETO LAND AINCORPO- RATED HEREIN AS EXHIB- IT SPECIFICUREEOUIREMENTS E Before me,a Nota CONTAINED IN THIS OR- inty and State, this day personally appeared 1 .MMIE BRYANT, _:id and Legal Coordinator, for the Star- Telegram, publishe, TDIHEAN O�FICICORRECTAL ING •at Fort Worth, in Tarrant County, Texas;an who,after being a-iy sworn,did depose and say that the attached clipping o MAP' PRESERVING ALL fished in the above named paper on the listed ates: OTHER PORTIONS OF THE ZONING ORDI NANCE DETERMINING THAT THE PUBLIC INTER- S ESTS, MORALS AND GEN- ERAL WELFARE DEMAND SUBSCRIBED AN 0 THE AND ZONI AMENDMENTS , THIS Friday, July 21, 2000. HEREIN MADE; PROVID- ING THAT THIS ORDI- LATIVE CE SOF ALL LL BE CUMU- Ci /C ORDI- Notary Public NANCES PROVIDING A SEVERABILITY CLAUSE; __ ____� _ _ _ _ PROVIDING FORA PENAL- > TY FOR VIOLATIONS ' DAWN M. KUYKC'U) L > HEREOF, PROVIDING A SAVINGS CLAUSE' PRO- `4 COMMISSION F/PIRaES , VIDING FOR PUBLICATION IN THE OFFICIAL NEWS- dib• SEPTEMBER 43,2003 , ANP Thank You Fo: ENECTIVVE DATE ' - . - , SECTION 7. ®.r..e d_ _ Any person, firm or cor- -� _ poration who violates, '"-- —- --- --- --- '-'--' disobeys, omits, ne- glects, or refuses to comply with or who re- sists the enforcement of any of the provi- Remit To: shall of this ordinance Customer ID: CIT57 Star' shall be fined not more than Two Thou- sand ars P.O. (sz.000.00) forD eollach Customer Name: CITY OF SOUTHLAKE offense. Each day that FOR a violation fig constpermitted ute 76101-2051 Invoice Number: 176358741 to exist shall constitute a seperate offense. 'ASSED arse. BY THE CITY COUNCIL OF THE CITY Invoice Amount: $80.19 OF SOUTHLAKE, TEX- AS, OFNJULY,THIS PO Number: MAYOR RICK STACY ATTEST: -„-_ , SANDRA L. LEGRAND, Amount Enclosed: CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR,JR., CITY ATTORNEY