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480-342CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-342 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 TRACT 3C1 AND A PORTION OF TRACT 3C SITUATED IN THE W. R. EAVES SURVEY, ABSTRACT NO. 500, AND BEING APPROXIMATELY 1.349 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "O-1" OFFICE DISTRICT, 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 1N 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 WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail C tv Manager Office\Cit~ Docs\ORD\CASES\480-342 doc Page 1 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 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 ail 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, 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 L: City Manager Office\City Docs\ORD\CASES~480-342,doc Page 2 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 amended as shown and described below: Being Tract 3C1 and a portion of Tract 3C situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 1.349 acres, and more fully and completely described in Exhibit "A" from "C-2" Local Retail Commercial District to "O-1" Office District. L:\City Manager Office\City Docs\OILD\CASES\480-342.doc Page 3 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 conccntration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other conm~ercial 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 L XCity Manager OIEce\City Docs\ORD\CASES'~480-342.doc Page 4 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 gecretary 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 L:\City Manager Office\City Docs\ORD\CASES\480-342.doc Page 5 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. ATTEST: PASSED AND APPROVED on the 2nd reading the ]~' day o~, 2000. k:\Cixy Manager Office\City DOCS\ORD\CASES\480-342 doc Pllge 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY/~ DATE:__ ~~--/, ADOPTED: ~ EFFECTIVE:/~ ~/ L:/City Manager Office\City DOCs\ORD\CASES\480-342 doc Pllge ~7 EXHIBIT "A" TRACT 'B' PROPERTY DESCRIPTION Being a 1.349 acre tract of land situated in the W.1L Eaves Survey, Ab~u'act No. 500 and being part of two tracts of land conveyed to Conner Lamas recorded by deed in Volume 8118, Page 1160 and Volume 8012, Page 700 and being more particularly described as follows: Commencing at a Highway Monument found at the intersection of the south line ofF. M. Highway No. 1709 (a variable right-of-way) with the west line of Peytonville Avenue (a variable right-of-way); Thence South 25°03'41" West a distance of 24.59 feet to a 14 inch iron rod set for corner, Thence So, eh 01003'54" West, along a line I0 feet west of the existing west line of Peytonville Avenue, a distance of 333.90 feet to a % inch iron rod set for comer and being the Point of Beglnnlng of this description; Thence South 01°03'54" West, along a line 10 feet west of the existing west line of Pey~onville Avenue, a distance of 140.12 feet to a ½ inch iron rod set for comer, Thence South 89'57'47" West, along a common line of said Conner tra~t and a tract conveyed to Donald and Louise Davis as recorded in Volume 6555, Page 501, e distance of 405.01 feet to a ½ inch iron rod set for comer, Thence North 01°08'50" East, along common lines of said Conner tract and a ~a~t conveyed to W & B Kidd Family L.P. as recorded in Volume 11587, Page 0692, a distance of 147.97 feet to a ½ inch iron rod set for comer, Thence South 88°$6' 06" East, a distance of 407.73 feet to the Point of Beginning and containing 58,746 square feet which is 1.349 acres of land. :\City Manager Office\CiD' Docs\ORD\CASES\480-342.doc Page 8 Vicinity Map Tr 3C1 & a portion of Tr 3C W.R. Eaves Survey, Abstract No. 500 2000 0 2000 Feet Case No. ZA00-016 N S Agenda Item 7A Attachment B Page 1 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 176358781 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: 17635878 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 7/21/00 �r CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 88 88 LINE $5.79 $509.52 CITY OF SOUTHLAKE, TEXAS Sales Discount ORDINANCE NO. 480-342 ($438.24) AN ORDINANCE AMEND- ING ORDINANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS GRANTING A Net Amount: $71.28 ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- GALLY DESCRIBED AS LE- TRACTS 3C1 AND A POR- TION OF TRACT 3C SITU- ATED IN THE W.R. EAVES SURVEY AB- STRACT NO. 50O AND BEING APPROXIMATELY 1.349 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT 'A° FROM C-2" LOCAL RETAIL COMMER- CIAL (DISTRICT O '0-1" SUBJECT TO SPECIFIC RE- QUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFI- CIALTHE STD OF T ZONING MAP, PRE- SERVING ALL THER PORTIONS OF THE ZON- County c arrant MINING ORDINANCE,THAT E PUB- LIC INTERESTS, MORALS AND GENERAL WELFARE Before me,a Notar DEMAND THE ZONING runty and State, this day personally appeared- .MMIE BRYANT, .:d and Legal Coordinator, for the Star- Telegram,publishe( CHANGES AND AMEND- ROVs HEREIN MADE :.at Fort Worth,in Tarrant County,Texas;ar, who,after being ciuiy sworn,did depose and say that the THAattached clipping of ORDINIANCE SHALL BE dished in the above named paper on the listed 3tes: CUMULATIVE OF ALL OR- DINANCES; PROVIDING A SE LITY CLAUSE; PROVIDING FORA PENAL TY FOR VIOLATIONS ��- HEREOF PROVIDING A July 21, 2000° SUBSCR, IA)AND SAVINGS CLAUSE,• PRO- E,THIS Friday, VIDING FOR PUBLICATION IN THE OFFICIAL NEWS- PAPER AND PROVIDING AN EFFECTIVE DATE. Notary Public • SECTION 7- Any person, firm or cor- poration rs who violates, DAWN M. KUYKEND disobeys, omits, ne- glects, or refuses to COMMISSION EXPIRES comply with or who re- sists the enforcement m� SEPTEMBER 13,2003 `I of any of the provi- sions stone of this ordinance shall be fined out Thank You Fo more than Two Thou- send Dollars -_.——__ _——— (52,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. ASSED AND AP- Stai BY THE CITY Remit To: Star Customer ID: CIT57 AS, ON P C DAY OF JULYIS 2000TH MAYOR RICK STRCY Customer Name: CITY OF SOUTHLAKE ATTEST: FOICITY SECRETARY ND, 76101-2051 Invoice Number: 176358781 APPROVED AS TO FORM: E. ALLEN TAYLOR,JR., Invoice Amount: $71.28 CITY ATTORNEY PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 175139661 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: 17513966 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/30/00 Descrt►c�u Location Col Depth Linage MU Rate Amount ouOF CITY OF SOUTH NO 1:tE wash eretygiven 1358 1 96 96 LINE $5.79 $555.84 to all interested persons that the City Council of the City of Southlake, ($478.08) Sales Discount 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 Net Amount: $77.76 North Carroll Avenue, Southlake, Texas. Pur- pose of the hearing will be held regarding the fol- lowing: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-342 AN ORDINANCE AMEND- ING ORDINANCE NO. 480 AS AMENDED, THE COr PREHENSIVE '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 TRACT 3C1 AND A POR- TION OF TRACT 3C SITU- ATED IN THE W.R. EAVES SURVEY AB- THE STA?is Or T STRACT NO. 506 AND County of Tarrant BEING APPROXIMATELY 1.349 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED EXHIBIT 'A"" FROM "C-2" )unty and State, personally t, .s Say appeared TAMMtE BRYANT, Bid and Legal Coordinator, for the Star- Before me,a Nota LOCAL RETAIL COMMER- Telegram, publishe CAL DISTRICT To 0-1- c.at Fort Worth, 1.- Tarrant County,Texas;and who; after being duly sworn,did depose and say that the OFFICE DISTRICT SUB- attached clipping c JECT To THE SPECIFIC bushed in the abo). Amed paper on the listed dates: REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING OTHER PORTION S OF SUBSCRIBED AN' THE ZONING WING IE,THIS Friday, _ .e 30,2 NANCE• DETERMINING THAT THE PUBLIC INTER- EST MORALS AND GEN- ERAL WELFARE DEMAND Notary Pt;:. THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVID- ING THAT THIS ORDI-, NANCE SHALL BE CUMU. • DAWN M. KUYKENDALL LATIVE OF ALL ORDI- 1— COMMISSION EXPIRES SEVERA PROVIDING A SEVERANG F CLAUSE; '�� SEPTEMBER 13,2003 PROVIDING FOR APENAL- Thank You Fc TEREO FORY PROVIDING VIOLATIONS t _p_ SAVINGS° CLAUSE PRO- _.._. VIDING FOR PUBLICATION IN THE OFFICIAL NEWS- PAPER AND PROVIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpo- ration who violates, dis- St obeys, , neglects Customer ID: CIT57 Remit To: with roru wh to cs the with or who resists the P. enforcement of any of the provisions of this or- Customer Name: CITY OF SOUTHLAKE dinance shall be fined F( nsant d Dollars ($2,000 00) 76101-2051 Invoice Number: 175139661 for each offense. Each day that a violation is permitted to exist shall Invoice Amount: $77.76 constitute a separate of- fense. Sandra L. LeGrand PO Number: City Secretary City of Southlake, Texas Amount Enclosed: