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480-344CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-344 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 A PORTION OF LOT 3, W. R. EAVES NO. 500 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED 1N CABINET A, SLIDE 2833, PLAT RECORDS, TARRANT COUNTY, TEXAS; AND A PORTION OF TRACT 2, W. R. EAVES SURVEY, ABSTRACT NO. 500; AND BEING APPROXIMATELY 0.822 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL 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 Page 1 L C y Manager Office\City Docs\ORD\CASES\480-344 doc 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 "AG" Agricultural District and "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 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 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 L: City Manager Office\City Docs\ORD\CASES\480~344.doc Page 2 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, 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 L: City Manager Office\City Docs\ORD\CASES\480-344,doc Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Lot 3, W. R. Eaves No. 500 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2833, Plat Records, Tarrant County, Texas; and a portion of Tract 2, W. R. Eaves Survey, Abstract No. 500; and being approximately 0.822 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "C-2" Local Retail Commercial District to "C-2" Local Retail Commercial 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 k:\Cily Manager Office\City Docs\ORD\CASES\480-344.doc Page 4 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 o£ §outhlake 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 L \City Manager Office~City Docs\ORD\CASES\480-344.doc Page 5 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 a940 day of ~ ,2000. L:,City' Manager Office\City Docs\ORD\CASES\480-344.doc Page 6 PASSED AND APPROVED on the 2nd reading the ]~7 day of ~ MAYOR ATTEST: CITY SECRETARY ,2000. APPROVED AS TO FORM AND LEGALITY: CITY ATTO.RNEY/, DATE: ADOPTED: EFFECTIVE: L:\Cit3, Manager Office\City Docs\ORD\CASES\480-344.doc Page 7 EXHIBIT "A" A portion of Lot 3, W. R. Eaves No. 500 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2833, Plat Records, Tarrant County, Texas; and a portion of Tract 2, W. R. Eaves Survey, Abstract No. 500; and being approximately 0.822 acres LOT 2R, BLOCK 1, CORNER ADDIT:ION Being a tree1 or parcel of land situated in the W.R. Eaves Survey, Abstrecl No. 500, in the City of Southlake, Tarrent County, Texas and being pad of that tram of land conveyed to Robert G. Brown by deed mc, on:led in Volume 3976, Page 12, Deed Records, Tarrant County, Texas and part of Lot 3, WR. Eaves No. 500 Addition, an addition to the City oi' Southlake as recorded in Cabinet A, Slide 2833, Plat Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an iron rod with plastic cap stamped 'Brittain & Crawford" found for comer in the northwesterly tine of Southlake Boulevard (F,M. No 1709) (a 130 foot right-of-way), said rod being the southerly common comer between Lot 1, Block 1, comer Addition, an addition to the City of Southlake as recorded in Cabinet A, Slide 981, Plat Records, Tarrant County. Texas and said Brown tract; THENCE North 15°48'53" West, along the common line between said Lot I and said Brown tract, a distance of 207.80 feet to a chisel mark found for comer, said chisel mark being the easterly common corner of Lots 1 and 2 of said Corner Addition; THENCE Noah 51°04'37' East, a distance of 146.72 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer; THENCE South 39°05'10" East, a distance of 190.47 feet to a 112" iron rod with yellow plastic cap stamped "RLG" set for comer in the northwesterly line of said Southlake Boulevard; THENCE South 50~'54'50" West, along the northwesterly line of said Southlake Boulevard, a distance of 228.82 feet to the POINT OF BEGINNING and containing 35,813 square feet or 0 82 acres of land, more or less. L :\City Manager Office\City Docs\ORD\CASES\480-344.doc Page 8 EXHIBIT "B" L :xCity Manager Ofl~ce\City Docs\ORD\CASES\480-344,doc Page 9 Vicinity Map Lot 2R, Block 1 Corner Addition 2000 2000 Feet Case No. ZA00-048 N $ Agenda Item 7F Attachment B Page 1 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 176358701 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: 17635870 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 7/21/00 Description Location Col Depth Linage MU Rate Amount CITY OF souTHLANC TEXAS 13 8 1 104 104 LINE $5.79 $602.16 CITY OF SOUTHL ORDINANCE NO- � 1 480-344 AN ORDINANCE AMEND- ING ORDINANCE NO. Sales Discount 48THE COMPREHENSIVE AS ZON- ($517.92) ING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A 1 CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- Net Amount: $84.24 LAKE TEXAS BEING LE- GALL1 DESCRIBED AS A PORTION OF LOT 3, W.R. EAVES NO. 500 AD- DITION AN ADDITION TO THE CITY OF SOUTH- LAKE TARRANT COUN- TY, tEXAS ACCORDING TO THE PLAT RECORDED IN CABINET A SLIDE 2833 PLAT RECORDS, TARRANT COUNTY TEX- TRACT D2, PORTION R TItEAVES SURVEY ABSTRACT NO. AP- PROI(IMAT00; ELYBEIN 0.822 ACRES AND MORE FUL- LY ANTS COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTUR- AL DISTRICT AND "C-2" LOCAL RETAIL COMMER- CIAL THE STATE OF TI LOCALDIRETTAIL COMMER- CIALICT AS DE- County of Tarrant ICTED ISONTCTTHE AP- PROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN,un and State,this day personally appeared 1 .MMIE BRYANT, Bid and Legal Coordinator, for the Before me,a Notar IN EXHIBIT ED SUBJECT tY Star- Telegram, publishe( TOIREHEECT NTSPECFTAINE-:.at Fort Worth,in Tarrant County,Texas;ana who,after being duly sworn, did depose and say that the attached clipping o1 I R THIS GORTDINANCE- ,fished in the above named paper on the listed ates: OFFI- CIAL ZONING MAP- PRE IRO - SERVING ALL OTHER PORTIONS OF THE ZON- 4RITZ E� ��L� -_ _ ING ORDINANCE; DETER- MINING THAT THE PUB- SUBSCRIBED AND LIC INTERESTS, E,MORAL THIS Friday; July 21,2 AND GENERAL WELFAR DEMAND THE ZONING CHANGES AND AMEND- MENTS PROVIDING ERTHAT MADE_; Notary Public 6-1---02-- _ ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES; PROVIDING A SEVERABILITY CLAUSE; • `� TTYROVI FORN FOVIOLATIONS DAWN M. KUYKENDALL > HEREOF,' PROVIDING A SAVINGS CLAUSE- PRO- I • COMMISSION EXPIRES > VIDING FOR PUBLICATION 4 I. Thank You Fo: APERE ANFICIAL IDING ; ' O SEPTEMBER 13,2003 r AN EFFECTIVE DATE. - - - - - _., __ _ SECTION 7. -� —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: Star sions of this ordinance Customer ID: CIT57 shall be fined not p.0 sand than Two Dollars ($2,000.00) for each Customer Name: CITY OF SOUTHLAKE FOI offense. Each day that 16101-2051 Invoice Number: 176358701 a violation isl permitted to exist shall constitute a separate offense. PAP- PROVED BY N THE CITY Invoice Amount: $84.24 COUNCIL OF THE CITY OF SOUTHLAKE, TEX- AS, ON THIS 18TH PO Number: DAY OF JULY, 2000. MAYOR RICK STACY ATTEST: Amount Enclosed: $..,,,,.._ SANDRA L. LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR,JR., CITY ATTORNEY INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 175139771 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 Order Number: 17513977 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA CITY OF SOUTHLAKE. TEXAS Publication Date: 6/30/00 NOTICE was hereby given to all interested persons _ that the City Council of - the C' of Sout lake ,S r s s r r a� .a r � t7a KY. �„'a '... _ 0Lxr t �>, .mix. „> a�� r. ; ...�, _.;......,:[ Texas will be holding a� x:y,- :.. .....,. r =_ �z... r =�. - . " public hearing during the regular be council meet- CITYl i I358 1 111 111 LINE $5.79 $642.69 OF SOUTHLA 18, 2000, at 7:00 m. The meeting will be held in the City Council Cham- bers of City Hall, 667 ($552.78)Discount North Avenue, Texas. Pur Pur- pose of the hearing will be held regarding the fol- lowing: CITY O, $89.91SOUTHLAKE, TEXAS ORDINANCE NO. Net Amount: 480-344 AN ORDINANCE AMEND- ING ORDINANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- LAKE TEXAS BEING LE- GALLY DESCRIBED AS A PORTION OF LOT 3, W.R. EAVES NO. 500 AD- DITION AN ADDITION TO i THE CITY OF SOUTH- LAKE, TARRANT COUN- TY, TEXAS ACCOK' ING TO THE PLAT R CORLOI IN CABINET SLIT 2833 PLAT CORDS. TARRANT COU Y rFX AS• AND A' P ION Of THE STA`E OF T, TRACT 2, W.R. EAVES County of Tarrant' Soo EYANDBSBE ABSTRACT NO A- P- PROXIMATELY 0.822 FFUL- Before me,a Not.; SCRAm IBED COINMPLETELY EXHIBIT DE-- Jnty and State,t. ay personally appeared TAMM.- BRYANT, yid and Legal Coordinator, for the Star- Telegram, publishe FROM "AG" AGRICULTUR- :.at Fort Worth, arrant County,Texas;and who, after being a ly sworn,did depose and say that the AL DISTRICTAND 'C-2" attached capping a C LOCAL RETAIL DISTRICT TOM C-2„ dished in the abo _ 3med paper on the listed dates: LOCAL RETAIL COMO MER- CIAL DISTRICT DE- PICTED ON THE AP- PROVED CONCEPT PLANATTACHED —� INCORPORATED HERETO THEREIN IE THIS FFlday, , 3O, 2 �'. SUBSCRIBED ANI AS EXHIBIT "B SUBJECT WUIRETO THE SPECIFIC RE- / /�,f�{�^l, . cca... MENTS CONTAINED `/�C/� " l/J(/ I THIS ORDINANCE; Notary Nu: CORRECTING THE OFFI- CIAL ZONING MAP; PRE- - - -_-'-, ' SERVING ALL OTHER PORTIONS OF THE ZON- -' DAWN M. KUYKE LL ING ORDINANCE; DETER- MINING THAT THE PUB- COMMISSION EXPIRES LIC AND INTEREST, MORALS b SEPTEMBER 19,2003 Thank You FI DEMAND THE ZONING _ \ CHAMENNGESH N N AMEND-It _ _- - _ PROVIDING THAT THISs ORDINANCE SHALL ESE CUMULATIVE OF ALL OR- DINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL- TY FOR VIOLATIONS HEREOF; PROVIDING A Remit To: S VIDI GGFOR PUBLICATI N Customer ID: CIT57 IN THE OFFICIAL NEWS- I 'AMEND DATEIDING Customer Name: CITY OF SOUTHLAKE SECTION 7. I Arationr who firm viol or °dis-I 76101-2051 Invoice Number: 175139771 obeys, omits, neglects or-with refuses to comply Invoice Amount: $89.91 th or who resists the enforcement of any of the provisions of this or- dinance shall be fined PO Number: not more than Two Thou- .. - sand Dollars ($2,000.00) I� for each offense. Each Amount Enclosed: day that a violation is permitted to exist shall constitute a separate of- fense. Sandra L. LeGrand City Secretary City of Southlake, Texas