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480-378CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-378 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 LOTS 2A AND 2B, BLOCK 1, DILG PLACE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388- 174, PAGE 30, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.855 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL 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 0f the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Govermnent 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 Page 1 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 "SF-1A" Single Family Residential 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 Page 2 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 unrea.sonably 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 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 Lots 2A and 2B, Block 1, Dilg Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388- 174, Page 30, Plat Records, Tarrant County, Texas, and being approximately 1.855 acres, and tnore fully and completely described in Exhibit "A" from "SF- 1A" Single Family Residential District to "C-2" Local Retail Cormnercial 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 Page 4 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 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 Page 5 accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, uuder 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 /~ day of ~~001. ATTEST: Page 6 PASSED AND APPROVED on the 2nd reading the ,~' day of ~}2001. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED: ~ Page 7 EXHIBIT "A" : Being a portion of Lots 2A and 2B, Block 1, Dilg Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-1'/4, Page 30, Plat Records, Tarrant County, Texas, and being approximately 1.855 acres. 1.855ACRETRACT PROPERTY DESCRIP'T1ON BEING a 1 .~.:~ acre lract ct land situated in 1he O_W. Knight Survey, Abstract No. City of Southlake, Tarrard Coumy, Texas and being a portla~ of Lots 2-A and 2-B. Block 1, DFLG PLACE, an Addition to the City of So,athlake clescribed by plal recorded in Volume 388-174, Page 30, Plat Records Torrent County, Texas (PRTCT), said 1.855 acm tract gl land being more particularly described as follows: COMMENCING at a 1/2-inch iron rod with cap slampe.d 'AREA SURVEYORS" round Jn Ihs southerly dghl-of-way line ct Southleke Boulevard (Farm-to-Market Road No. 1709, a variable widlh right-of-way) for the SOutheast comer of that called 0,078 acre tract of land described in a deed to the Stale ~t Texas recorded in Volume D913, Page 1993, Deed Records TOrrent County, Texas, (DRTCT) san~ being Ihe northeast comer of thai calJed 1.963 acre trac~ of land described in deed to Creekside Office Joint Ventur~ re~orded in Volume 13279, Page 554, DRTCT ,~nd being in the east line of said Lot 2-~,; THENCE South 87"3g'54" West along saki s~utherly right-of-way line, a distance of 103.3,2 feet to a 5/8-inch iron md with ca~. stamped 'Bu~y~-Partners" found for comer; THENCE South 89°34'26'' West ce~ntinuJng along said southerly dght-of-way line, a dislance gl 1.53 feet.to ~e POINT OF BEGINNING; THENCE South 01"15'48" East, a dislance of 20.§`5 feet to the point of curvature of a curve to the Ich having a radius ol 7.5.00 feet; THENCE southeasledy with said curve to the left Ihreugh a central angle of 26~'21 28" ~'or an arc dislance ct 34.50 feel, a. Chord bearing of South 14';~6'32' East end a chord distance of 3.4.20 feet to the pOint of tangency; THENCE South 27°37'16'' East, a distance of 117.40 feet to the point of curvature ~ a curve lo the right having a radius of 70.00 feet; THENCE southeemeriy with said curve to the right having through a central angle of 32"27'42" for an arc distsnce of 39.86 feet, a chord bearing gl South 11~3'25" Fast and a chord distance of 39.13 feel to the end of said curve; THENCE South 04°50'28' West, a d~siance of !~.2_~ feet Iq a paint for comer: THENCE North ~,0~00'00" West. a distance of 224.18 feel to a point for comer in the west line of said Lei 2A same being the east lime m' Lot 3R Block t~0, T[MARRON ADDITION, Phase 5, an addition to the City of SouthJeke described by plat reoorr~ed in Cabins1 A. Slide 43§5, PRTCT; Page 8 THENC~ North 01 "! '22" East alert§ ~he common line of r.,,aid Lot 2_.A an0 said Lot 3R. a distance of 381.36 feel. to e ll2.-inch iron md with cap stamped 'BLIRY,-PITTMAN" found for the northeast comer of *aid Lot 3-R .~.ame being the southwest comer of that called 0,067 acre tract e! lanct described in deed to Ifle State of Texas recordeO in Volume 9913, Page IOJ88, DRTCT, end being in the aforementi~ed southerly right-of. way line ef Southlake Boulevard; THENCE along said southerly right-of-way line the follOWing: South 87°33'49' Easl, a diab~ce Of 63,34 feet to a Texas Department Tra~spc~rtatiOn brass monument found for comer; North 89°34'26' Ea~.t, a distance of 90,47 feet to the POINT OF BEGINNING; CONTAINING a computed area of 80,810 ~,quare feet or I,B55 acres of land, Page 9 EXHIBIT "B" Page 10 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 206028561 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/5/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20602856 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 10/5/01 ........::.:................. f CITY OF SOUTHLAKE,TEXAS CITY 13580 1 124 124 LINE $6.08 $753.92 CITY OF Sales Discount SOUTH 1TMKE, TEXAS ($653.48) OF S ORDINANCE TNO.XAS 480-378 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS $1�0.44 AMENDED, THE Net Amount: COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TA LAND WIOF THIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS A PORTION OF OF B LOCK2A 1 AND DILG PLACE AN ADDI- TIONOFtSOUTHLAKE TARRANT COUNTY, TEXAS ACCORD- ING To THE PLAT RECORDS, RANT COUNTY, TEXAS BEING STATE OF OXIAE Countyof Tarral 1.855 ACRES AND MORE FULL'/ AND COMPLETELY DE- SCRIBED IN EXHIBIT Before me,a No A" FROM AmiLv • y personally appeared Christy Holland, Bid and Legal Coordinator SINGLE FAMILYaId Countyand State,ih• �a for the Star-Tale RESIDENTIAL DIS-, Star-Telegram,TRICT TO �C-2�TA gam, Inc. at or rth, in Tarrant County,Texas; and ho, after being duly swo n,did depose and say 1 CAL RETAIL COM-in of an advertiseme t s blished in the above a dpa r n the listed dates: MERCIAL DISTRICT 9 AS DEPICTED ON ED THE APPROVED CONCEPT PLAN Signed 1it ATTACHED HERETO _ AND INCORPORAT- SUBSCRIBED AN ED HEREIN AS EX-_ HIBIT „B,,, suB�ECT= ME,THIS Monday, October 08, 2001.JJJ''' TO THE SPECIFIC (L4 � lc�'Mam 4 CONTAINED IN THIS ORDINANCE; ECT NI GCTHECOF- Notary Public - FICIAL ZONING —____/ MAP; PRESERVING T" w, VICKI L.WASON ALL OTHER POR- TIONS OF THE i•, *� MY COMMISSION EXPIRES ZONING ORDI- .qc5 NANCE; DETER- G �►' Thank You Fc MINING THAT THE ", E��' AUGUST 28,2004 PUBLIC INTEREST, MORALS WEDLFARE� —............ ._-..-........... DEMAND THE ZON- ING CHANGES AND '— AMENDMENTS HEREIN MADE' PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- Stc -!!o.ls�jeaeg4r'seieM Re1Tllt To. oeglol4•!Ui essppi sLol'snl:pin;p ( Swe'! Lgeg `-eo£:L Customer Name CITY OF SOUTHLAKE eves S09 - 8VZ9L FO f:,-L.Isu;n ,s�la�ei. . .......... .... .. Invoice Number: 206028561 peoeu!IOJeO Sat!?- 81,Z9L 9 MS 9-8 IAA s!w Invoice Amount: $100.44 � '? msep seylol0 ''uJn; Ageg 'ales weF-!FInW :1S eu!A 8Zo - 8VZ9L PO Number: Amount Enclosed: i$ Lpn;eJeo en!,Q 'uns-Fes-!» 'ved ewo,-1 eu of A e4s!A e4lV P1.1 oUV E8011. - 94Z9L isaiia.Luna.nu INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 205440261 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/21/0 t Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/0 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20544026 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn MARIA . HAN Publication Date: 9/21/0 �'' :. : : :.,.•:: tkiiiitl0**.;,,,Ciiiii3,',iii'zbeptir::,:44nage:••',. 'Il„T ..,:atat:'""-''''''O'''''''Anlelln CITY OF SOUTHLAKE,TEXAS NOTIC I3580 1 133 133 LINE $6.08 $808.64 Sales Discount ($700.91) CITY OF SOUTH- LAKE,-TEXAS NOTICE was hereby given to all Interested persons that the City Council of the City of Southlake,Texas,will be holding a public Net Amount: S107.73 hearing during the regular city council meeting to be held on October 2, 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 regardinggq the follow- 'nCITY OF SOUTH- LAKE, TEXAS ORDINANCE NO. 480-378 AN ORDINANCE AMENDING ORDI- NANCE AMEND NO. 480,THE COMPREHENSIVE ZONING ORDI- THE ST NANCE OF THE CITY OF SOUTHLAKE, County TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN Before TRACT OR TRACTS OF LAND WITHIN Ind for said County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator for the ' SOUTHLAKE TI°Fid by the Star-Telegram, Inc. at o t Worth, in Tarrant County,Texas; a who, after being duly sworn,did AS BEING LEGALLY depose + DESCRIBED AS Aled clipping of an advertiseme t a published in the abov n med •a•:r on the listed dates PORTION , � LOTS -` 2A AND 26 BLOCK J ' ' / W 1 PLACE, AN Signed CCA ADDITION TO THE CITY OF SOUTH- LAKE, TAR COUNTY, T TEXA,s I BEFORE ME,THIS Monday,Se e 24, 20 1. „, �J // ACCORDINGORDITO V l //��'/�� UM PLAT RE- CORDED IN VOL- UME 388-174, PAGE Notary Public 30,PLAT RECORDS, - TARRANT COUNTY, TEXAS BEING AP- PRO)XIMATELY MORE1.855 ACRES AND i' VICKI L.WASON ✓ FULLY AND COMPLETELY DE- "ARIBROM "SF 1A :; ; my COMMISSION EXPIRES Thank SINGLE FAMILY AUGUST 28,2004 RESIDENTIAL DIS- ^"•"" TRICT TO "C-2" LO-3ymerit CAL RETAIL COM- ---�....---- MERCIAL DISTRICT AS DEPICTED ON ...-. .........-......-....`....-,.-........_.......-`......-..... ......--... THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- Remit T TO HIB1 THE SPECIFIC ri Customer ID: CIT57 REQUIREMENTS CONOpID NANCE;NED IN THIS COR-I05 1 Customer Name: CITY OF SOUTHLAKE RECTING THE OF- FICIAL ZONING MAP' PRESERVINGTH, TX 76101-2051 Invoice Number: 205440261 ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- Invoice Amount: $107.73 MINING THAT THE PUBLIC INTEREST, PO Number: MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- h .,..» ,:.::::::::.:.::::::.:..::::.,:::::. .� ING CHANGES AND Amount Enclosed: AMENDMENTS HEREIN MADE: PROVIDING THAT THIS ORDINANCE SHALL BE 0'_'MU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILItY CLAUSE; PROVIDING FOR A rnvvwirvu N JAV- INGS CLAUSE- PROVIDING FOr PUBLICATION IN G THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. I Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- 1 ment of any of the C provisions of this or- dinance 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 consti- tute a separate of- fense. Sandra L. LeGrand City Secretary City of Southlake, Texas