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480-353CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-353 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 SD1 AND 5D5, O. W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING 4.042 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT USES ON 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 gcncral welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 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, 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 transporlation, 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 Tracts 5D1 and 5D5, O. W. Knight Survey, Abstract No. 899, and being 4.042 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with "O-1" Office District uses depicted on the approved Concept 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 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, Tcxas, 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 l~ day of ~ .~, 2001. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the b day of '~2001. / ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: EXHIBIT 'A" BEGINNING AT A CAPPED IRON PIN (C&B) FOUND IN THE SOUTH R.O.W LINE OF E. SOUTHLAKE BOULEVARD FOR THE NORTHEAST CORNER OF TRACT BEIN0 DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT 2, BLOCK 61. TIMARRON ADDITION, AN AODITION TO THE CITY OK SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECOROED IN CABINET A, SLID6 5841, PLAT RECORDS, TARBANT COUNTY, TEXAS; THENCE SOUTH O0 DEGREES 05 MINUTES 28 SECONDS EAST 30000 FEET ALONG THE WEST LINE OF SAID LOT 2, BLOCK 61, TIMARRON ADDITION TO A CAPPED IRON PIN SET IN THE NOR1H LINE OF LOT 1. BLOCK I, crT"' rhF SOUTilLAI, E MUNICIPAL COMPLEX. AN ADDITION TO IHE GIT( OF SOUTHLAKE, TARRANf COUNT]', TEXAS, ACCORDtNG 10 TIlE PLAT RECORDED IN CABINET A, SLIDE 4518, PLAT RECORDS, TARRANT COUNW, TEXAS, FOR THE SOUTHEAST CORNER GE TRACT BEING DESCRIBED; THENCE SOUTH 89 DEOREEB 45 MINUTES 29 SECONDS WEST 601.20 FEET ALONO THE NORTH LINE OF SAID LOT ~, BLOCK ~, CITY OF SOUTHLAKE MUNICIPAL COMPLEX TO A CAPPED IRON PiN SET IN THE EAST R.O.W. LINE OF PARKWOOD DRIVE FOR THE SOUTHWEST CDR, NEB OF TRACT BEING DESCRIBED, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT ~, BLOCK I, CI]¥ OF SOUTHLAKE MUNICIPAL COMPLEX; THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS WEST 29024 FEET ALONG THE EAST ROW LINE OF BAlD PARKWOOD DRIVE TO A CAPPED IRON PiN (C&:B) FOUND IN THE SOUTH RO.W. LINE OF E, SOUTHLAKE BOULEVARD FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 85 DEGREES 22 MINUTES 54 SECONDS EAST 45.17 FEET ALONG THE SOUTH ROW LINE OF E SOUTHLAKE BOULEVARD TO A HIGHWAY MONUMENT FOUND FOR CORNER; THENCE NORTH 88 DEGREES 21 MINUTES 31 SECONDS EAST 556,,39 FEET AND CONTINUING ALONG THE SOUTH ROW LINE OF SAiD E SOUTHLAKE BOULEVARD TO THE POINT OF BEGINNINO AND CONTAINING 4042 ACRES OF LAND, MORE OR LESS EXHIBIT "B" :ii EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS FEBRUARY 6, 2001 MINUTES Motion was made to approve ZA00-121 with "S-P-2" zoning with "O-1" Office District uses subject to Concept Plan Review Summary No. 5, dated January 31, 2001, allowing variances to Items #1, #2, and #3. INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 186632831 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/26/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 18663283 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 1/26/01 '?�„ s.r. 5 ,„+ e r - , ¢ C •F Yb« r I#"' r, ee. Cl SOUTHLAKE,FTEXAS Any person or 58 1 128 128 LIME $6.09 $779.24 NOTICE was hereby corporation who vlo- given to all interested bates,disobeys,omits, 1 persons that the City neglects or refuses to ($675.56) Sal Council of the City of comply with or who Southlake, Texas, will resists the enforce- be holding a public ment of any of the. hearing during the provisions of this or- regular city council dinance shall be fined meeting to be held on not more than Two February 6, 2001, at Thousand Dollars 7.00 p.m.The meeting ($2.000.00) for each Net Amount: $103.68 will be held in the CRY offense.Each day that Council Chambers of a violation is permitted City Hall, 667 North to exist shall constitute Carroll Avenue, a separate offense. Southlake, Texas. Sandra L. LeGrand Purpose of the hearing City Secretary will be held regarding Clty of the following:_ _ Southlake, Texas ORDINANCE NO. - AN �-3153 AMENDINOGDINOANRCCE DI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY TO XAS;GRF ANTING A ZONING CHANGE ON CERTAIN TRACT OR TRACTS OF LANE WITHIN THE IF SOUTHLAKE TEXAS BEING LEGALLY DE- SCRIBED AS TRACTS 5D1 AND 5D5, O.W. KNIGHT SURVEY, AB- STRACT NO. 899.lic in and for said County and State,this day personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star- AND BEIN ACRES, AND MORE he Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the FULLY AND COM- PLETELY DE-dverdsement was published in the above named paper on the listed dates: SCRIBED IN EXHIBIT RICULRTOURAL G D S- /t[_/- /w7r�1�+ TRACT TO ^S-P-2" Signed (it2(� GENERALIZED SITE PLAN USES IMITIED DRN TO BEFORE ME,THIS Monday,]an ary ,2001. TO A NON DRIVE- A dai,J,THROUGH RESTAU- ' RANT ONLY FOR LOT 2 AND ^0_1" Notary Publictait OFFICE DISTRICT USES FOR LOTS 1,3, AND 4, ON DEPICT- AP- PROVED CONCEPT PLAN ATTACHED AND HED CORPORATED , ..:4t CHRISTY L.HOLLAND THEREIN AS EXHIBIT •` MY COMMISSION EXPIRES THE SUBJECT SPECIIFIC RE-'our Payment OUIREMENTS CON- smt � TAINED IN THIS OR-_ _.....®._e-_ ,�.�.� , DULY 31,2004 DINANCE; COR- —— if `--- RECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZON- NG ORDINANCE, FTEPUBLIC NTERT elegram HE Customer ID: CIT57 GENERAOL WELFARE Sox 901051 Customer Name: CITY OF SOUTHLAKE DEMAND THE ZON- ING CHANGES AND AMENDMENTS MADE;I WORTH, TX 76101-2051 Invoice Number: 186632831 HEREIN OVIDING THAT 1S ORDINANCE ALL BE CUMULA- Invoice Amount: $103.68 NANCEES;ALL PROV D1- ING A SEVERABILI- PO Number: TYCLAUSE: ...............».�,,, ,,;,.;.,.... ....._....,,,.. .. _......... PROVIDING FOR A I Amount Enclosed: $ LATIPENALTY FOR VIO- EOF I PROVIDINGO NS H ARSAV- INGS CLAUSE; PRO- VIDING FOR PUBLI- CATION IN THE OF- F I C I A L NEWSPAPER; AND PROVIDING AN EF- FFr TIVE DATE INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 187496121 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 2/10/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/28/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 18749612 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA SOUTHLA CITY ,FTEXAa! Publication Dater 2/10/01 EORDINANCE NO. D 480-353 AN ORDINAN Location Col Depth Linage MU Rate Amount A M E N D I NO OR �..—_. 'LANCE NO. 480, C1_ AMENDED, TH XAS ORDIN 1358 1 _ 109 LINE $6.09 $663.72 COMPREHENSIVE ZONING ORDI- Sal NANCE OF THE CITY OF SOUTHLAKE, ($575.43) TEXAS;GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS, BENet Amount: $88.29 AS, BEINGNGLEGALLY DESCRIBED AS TRACTS 5D1 AND 5D5 O.W. KNIGHT SURVEY, AB- STRACT NO. 899, AND BEING 4.042 ACRES. AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AG- RICULTURAL DIS-` TRICT TO "0-1" OF- FICE DISTRICT ON AS DEPICTED ON THE APPROVED CONCEPT PLAN AT- TACHED HERETO AND INCORPORAT- .,ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS N ORDINANCE; COR- RECTING THE OFFI- C( CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS ING ORDINANCE; DE-in and for said County and State, this day personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star- Te TERTHE PUe C INTER-Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the att EST. MORALS ANDR rtisement waspublished in the above named paper on the listed dates: GENERAL WELFARE P P �✓/) DEMAND THE ZON • - ING CHANGES AND AMENDMENTS Signed Li HEREIN MADE; PROVIDING THAT ODINANCE St SHALL BERCUMULA-1 TO BEFORE ME, THIS Monday, Februa 1 , 001. NINE ALL ORDI- NANCES; PROVID- ING ... A SEVERABILI- TY CLAUSE; Notary Public PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PRO- -' VIDING FOR PUBLI- CATION .�"���""". CHRISTY L.HOLLAND N THE OF- io` , �} NEWSPAPER; AND I i' '` MY COMMISSION EXPIRES Tna PROVIDING AN EF-I payment , ` FECTIVE DATE. ;"� JULY 31,2004 SECTION 7. - -Any person, firm or- corporation who vio- lates, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this fined Ren ordinancnoe m shaorell be ram Customer ID: CIT57 t than Two Thousand Dollars ($2,000.00) for each )01051 offense.Each day that Customer Name: CITY OF SOUTHLAKE offens a violation is permitted s shall constitute a separate offense. )RTH, TX 76101-2051 Invoice Number: 187496121 a PASSED AND AP- PROVED BY THE CITY COUNCIL OF Invoice Amount: $88.29 THE CITY OF SOUTHLAKE, TEX- AS, ON THIS THE PO Number: 6TH DAY OF FEB- RUARY, 2001. ... _.. ..... _.w. - ......1 MAYOR RICK STACY Amount Enclosed: $ ATTEST: SANDRA L. LEGRAND CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR, CITY ATTORNEY