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480-374CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-374 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 TRACT IA SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 3.64 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "O-1" OFFICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPEC1FIC 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 OFFIC1AL 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 "AG" Agricultural ZA01-066 Page l under thc 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 publ!~ 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 t;acilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elemcnts 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 thc 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 ZA01-066 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 thc congestion in the streets, helps secure safety from fire, panic, .apd 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, arc called for, and are in the bcst 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 thc permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract iA, Jesse G. Allen Survey, Abstract 18, being 3.64 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural to "O-1" Office District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". ZA01-066 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 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 ZA01-066 Page 4 instances ',,here 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 ZA01-066 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 R1 day of~ 2001. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ¢ day of ]/~2001. MAYOR ATTEST: CITY SECRETARY ZA01-066 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ZAOl-066 Page 7 EXHIBIT "A" PROPERTY DESCRIPTION Gemg a 3.6~ acre ~ac'[ of lar~l situal~i in ~ ~ O. ~n S~. ~t NO. 1~, in A~davil Of ~ ~ ~b~m F. ~u~al~ a~ W~J. B~a~. as ~ Jn V~u~ 88~. P~e 632 of the ~ R~s ~ Tn~a~ C~, Texas, a~ ~ ~e ~Jculady du~n~d by ~ a~ ~u~s as ~: COMMENCING a'~a % inc~ ~x~ rod -.,a k~- n~ comer addition ~o '~e (.;~ty ol ..Soufldal~ as re~ded ~ Vobme 3~181, Page 8 of 1he Plat R.~rds o1' T~ur~u~[ Counly, Texas. and being in the ao~th llne of K-~ler 56*41. Page 499. o[ the Geed Recacfls c~ Tar*cant Cr3utdy, THENCE S O0*D3'2T" E, ~10,ng lh~ co~rno!~ line of saKI r. aJ~ed :20.00 acre tract a~l t~e vwst lir~ of lbo Jof~O E.Iga~I~ e dk~,r'~e Gl 101~,~ ~ to the POff~ OF THENCE S 00~03'27'' E. along the mmmon line of said called ~ (XI aOe trac~ ~ he west tine of Ihe Jed¢o EStateS a dis'IerK;e d 221.19 ~eet D a % inch iror~ n~I set in bhe new ncJht.of. way Iine of F.M. I-tig'm~ 1709 ia vari~ wKl~ riqh{=on'-wa¥), and being in a r~*n~e Io Ihe r~jhl h,aw~l ~ md"is..:;~ 58e¢, .~ fee~ ~ e ~ arkie m' 0G"26':2.2". THENCE alo~j the sad new rigid-of-way ~ine of F.M. Hig. hwa. y 1709 an a~c distance o! 540.D4 I~e! t0 a H~hway Riehl-Of-way MonLaT~ant found [or c0rne~ THENCE S 89'36'34" W, o,..,l~ming alo,'~j bhe new nghl-of--~ li~e of~ F M. H~ghway t709 a d~s~an~e d 63.5~ .%-~t m a ~ mlCh imo rod se~ f~r cc.-re~, THENCE N 87"46~19" W. ~inuEn~ ah~3' lhe r~ nght-of-way line of said F.M. I tighway 1709 a dislanee cfi 1,58 78 ~ 1.0 a ~. ~nch iro~ mc[ ~et fo~ comer, said point b~ing in a curve Io the ¢~h! he~ng a radius of 564458 fee~ and a da~ta an~le c~ OO°§W07''' 1 HEINGF continuing ale'19 ~ ~ n~ rig~l.~-~-,wy ~'~ ~ ~-.M ~t~hw--~ 1709 aa e.~; distant8 of ~7 06 ~t to a ~ inch ih3~ rOd ,~1 6r corner, said p<~rrt being i~ Ihe ea~ line o~ the sa,d Cimmarron Add,lion and bang ~ U3e w~st lima ot'sak:i 20.00 acre Iraqi., i H~NL;k N 00'04 ':~6" E, aloag the common line of Sah:l 20.00 a~'e tra~ and Cir,ul~rron Acres Addrli~n a d~startce of 242.71 .~el taa THENCE N 89"52'32' E a distance of 350.61 f,~to p~rff for mme., T HENCE N 00=03'27'' W. a distance of 13_77 ~ to a point tar Comer; TttENCE N 89°56'33'' E, a diStatK~ ~f 299.98 ~'eet to ~ ~INT OF BEGINNING a~ng ~e co~n 1i~ ~ ~ 20_~ ~m ~ ~d ~ ~t h~ M ~ J~i~ ~ and c.~n~ 1~,~5 ~ ~ 3.~ ~ I~. JUN 1 ZA01-066 Page 8 EXHIBIT "B" ZA01-066 Page 9 EXHIBIT "C" REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS SEPTEMBER 4, 2001 Motion was made to approve Ordinance No. 480-374, 2nd reading, for Lots 1-16, Park Meadows Court, subject to the Concept Plan Review Summary No. 5, dated August 31,2001; allowing the two variances as shown. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Stephen, Evans, Shankland, Stacy Potter 6-1 vote ZA01-066 Page 10 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 204898511 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/7/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20489851 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/7/01 I1w:z:-.,m,],,sgo,:m:::::llat� 4'll £i '' � CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 112 112 LINE $6.08 $680.96 Sales Discount ----- i-ffi—CW— SOUTHe LAKE,TEXAS SECTION 7. or ($590.24) ORDINANCE NO. Any person, firm480-374 corporation who vio gAORDINANCE latex,diso obe s,omits to MENDING ORD1- neglects or r or who NANCE NO. 480 AS comply AMENDED, THE resists the yenforce ZONING COMPREHENSIVE - provisions of th s toe ment of ot Net Amount: $90.72 ZONING NANCE OF THE CITY dinance shall be Hn OF SOUTHLAKE not more than D�,vrs TEXAS; GRANTING` Thousand for each' A ZONING CHANGE ($2,000.00) that ON A CERTAIN offense.Each day TRACT TAND TRACTSI to sexist shall constid- THE CITY OF lute a separate of- SOUTHLAKE,_ TEX- tense. qND A BEING LEGALLY PASSED BY THE DESCRIBED AS PROVED A PORTION OF CITY C CU. IL OF TRACT 1A SITUAT- THE TEX- ED IN THE JESSE G. SOU�N THIS THE ALLEN SURVEY, AS, ABSTRACT Na 18 DAY OF SEP- AND BEING MORE TEMBER4TH 2001. FULLY AND COM- MAYOR RICK STACY PLETELY DE- ATTEST: "A"SCRIBED "AG" AG- CIITY SECFfETAHVTO RICULTURAL TO"0- APPROVED AS 1"OFFICE DISTRICT FORM. THE STATE 01 AS DEPICTED ON E. ALLEN Countyof Tarr THE APPROVED TAYLOR JR. CONCEPT PLAN CITY ATTORNEY ATTACHED HERETO AND INCORPORAT- Before me, a N ED HEREIN AS E Y y appeared Christy Holland,Bid a d Legal Coordinator HIBIT B' SUBJE said Count and State,this d ersonall for the Star-Te TO THE SPECIFI REQUIREMENT le Star-Telegram, Inc. at For o th, Tarrant County,Texas; and wh , ter being duly sworn, id depose and sa' CONTAINED IN THI in of an advertisement w s li ed in the above nam ORDINANCE; COR-P 9 pp r on t lisle d tes: RECTING THE OF- FICIAL ZONING MAP; PRESERVING Signed ALL OTHER POR- TIONS OF THE SUBSCRIBED A ZONING ORDI- NANCE; DETER-IE ME,THIS Friday, September 07, 2001. MINING THAT THE / PUBLIC INTEREST, �/ {� toaxyL2 ERAL LS WEL AND FAR Notary PublicU DEMAND THE ZON- - ING CHANGES AND AMENDMENTS HEREIN MADE' - �� PROVIDING THAT °""'""""'M, VICKI L.WASON THIS ORDINANCE e SHALL BE CUMU- `D K LATIVE OF ALL I '�� 4; MY COMMISSION EXPIRES 7, ,�,7 ORDINANCES; Thank YOU F PROVIDING A USE AUGUST 28,2004 PROVIDING FOR A PENALTY FOR VIO- LATIONS .... _.._.._............. ............ PROVIDING A SAV- INGS CLAUSE• PROVIDING' FO.. PUBLICATION IN THE OFFICIAL NEWSPAPER' AND Remit To: S PROM I DATE EF Customer ID: CIT57 P. Customer Name: CITY OF SOUTHLAKE FI+ ( 76101-2051 Invoice Number: 204898511 Invoice Amount: $90.72 PO Number: Amount Enclosed: .. .,....___ w ...:.: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 204372821 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/24/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20437282 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/24/01 ...................::::::......... .................................... ................... .... .:....... ........ CITY OF SOUTHLAKE TEXAS NOTICE I3580 1 122 122 LINE $6.08 $741.76 CITY OF �r ($642.94) Sales Discount SOUTHLAKE, TEXAS NOTICE wass he given to all interested persons that the City Council of the City o1 Southlake, Texas will be holding a public hearing during the regular city council Net Amount: $98.82 meeting to be held on September 4, 2001, at 7:00 p.m. The meeting will be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas.Purpose of the hearing will be held regarding the follow- ing: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-374 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, THE STATE OF TE TEXAS; GRANTING CHANGE County of Tarrant ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF Before me,a Notai SOUTHLAKE TEx-i County and State,this y ersonally appeared Christy Holland, Bid and Legal Coordinator AS BEING LEGALLY, for the Star-Telegr DESCRIBED AS Altar-Telegram, Inc. at Fo yy rt , in Tarrant County,Texas; and ho, after being duly sworn,did PORTION OF TRACT depose and say the 1 A SITUATED IN THE g of an advertisement as u shed in the above n . e r nth listed dates: JESSE G. ALLE ��i _SURVEY, 't/T/'AJ. /16 AB- STRACT NO. 18, Signed { AND BEING AP- g /U/y'� PROXIMATELY 3.64 ACRES, AND MORE SUBSCRIBED AND FPLETELY DE- ULLY AND cOM-ME,THIS Friday, August 24, 2001 (jdOOdIA.) i SCRIBED IN EXHIBIT "A" FROM ALGOAO- 1"OFFICE DISTRICT Notary Public **--- OZ9 A5 DEPICTED ON THE APPROVED CONCEPT PLAN ! �!+��rr �. ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- • /+9. VICKI L.WASON HIBIT "B" SUBJECT (•i y! MY COMMISSION EXPIRES TO THE SPECIFIC REQUIREMENTS THIS AUGUST 28,2004 Thank You Foi ORDINANCE COR-t AUGUST THE OF- FICIAL ZONING. ........_.... MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE Remit To: Sta PUBLIC INTEREST, MORALS AND GEN- Customer ID: CIT57 ERAL WELFARE P.0 ING CHANGES AND Customer Name: CITY OF SOUTHLAKE AMENDMENTS FO PROVIDIN ING MADE.; HATL 76101-2051 Invoice Number: 204372821 THE ORDINANCE SHALL BE CUMU- LATIVE OF ALL Invoice Amount: $98.82 PROVIDINGNA SEV- ERABILITY CLAUSE; PO Number: PROVIDING FOR A PENALTYFOR V10- ..........................::::»»:..,....»»»,»»,,,,».».,»,:»» PROVIDIN HEREOF; Amount Enclosed: $ INGS CLAUSE PROVIDING FOR THE I ICATIOFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to Comply with or ...M provisions-o(this or dinance shall be fined not more than Two Thousand Dollars offense.Each day each a violation is permitted to exist shall consti- tute a separate of- fense. Sandra L. LeGrand City Secretsry City of Southlake,