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480-390CITY OF SOUTHLAKE, TEXAS OMCIAL RECORD ORDINANCE NO. 480 -390 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 ASLOT 2R2, L.B.G. HALL NO. 686 ADDITION, AND TRACTS 1, 1B, 1C1, 1C2, 1C3, IE, 2A1, 2A2, 2B, 2B 1, 3C1A, 3C, 3D, 3D1, 3D1A, AND 3D6, SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, AND BEING 74.754 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT REGULATIONS WITH "CS" COMMUNITY SERVICE DISTRICT USESTO "CS" COMMUNITY SERVICE 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 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 "S -P -1" Detailed Site Plan District Regulations with "CS" Community Service District uses 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 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 Lot 2R2, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5299 and 5300, Plat Records, Tarrant County, Texas, and Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A1, 2A2, 2B, 2B1, 3C1A, 3C, 3D, 3D1, 3D1A, and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being 74.754 acres, and more fully and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan District Regulations with "CS" Community Service District uses to "CS" Community Service District as depicted on the approved Site 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, 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 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 __Lq_ day of , 2002. MAYOR `_"" `., ��;•..... :: F 0: ..�' ATTEST: ACT G CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Lj day of MoLrc,� , 2002. I: APPROVED AS TO FORM AND LEGALITY: (kg- j 7g CITY ATTORNEY DATE: ' "aw ° — ADOPTED: dcc a EFFECTIVE: 3 — g- d66 ATTEST: ACTtNG CITY SECRETARY loss%', EXHIBIT "A" Lot 2R2, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5299 and 5300, Plat Records, Tarrant County, Texas, and Tracts 1, 1B, 1C1, 1C2, 10, 1E, 2A1, 2A2, 2B, 2B1, 3C1A, 3C, 3D, 3D1, 3D1A, and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being 74.754 acres. E.YHIBIT "At' PROPERTY DESCRIPTION: Sting several tracts of land situated in the L.B.G, Half Survey, Abstract $86, and a140 being a portion of Lot 2, L.B.G. Hall Addition, to the City of Southiake as recorded in Cabinet A, Slide 1216, Plat Records, Tarrant County, Texas {PRTCT), and being more particutariy described by mates and bounds as follows: BEGINNING at a point for the southwest carne( of Lot 2, Block 1, First American Savings Banc Addition to the City of Southiake, as rocariled in Cabinet A, Slide 1325, PRTCT, said point also being in a curve to the right in the north right.of -way line of West Sovthiake Boulevard (FM 1709)saW curve to the right having a radius of 5658.58 feet and a cantral angia- of 03 dog 48 min. 40 sec, with a long chord bearing U 2'W, a distance of 373.09 faett THENCE 1 outhw0sterly along said right -of -way curve an arc length of 373.18 feet to a point for the southeast corner of Woodland :Hills RSU Addition t0 the City of Southiake, as recorded in Cabinet A, . Slide 608, PRTCT; THENCE N 00 ° 00'39'W, along the east line of said Woodland Hilt Addition a distance of 143.99 feat, m a paint for its northeast corner; THENCE N 87 ° 24'49'W, along the north line of said Woodland Hill Addition a distance of 143,99 feet, to a point for its northeast corner, THENCE N 00 ° 00'39'`N, eiang the east line of a tract of land by deed to Arch Purdue as recorded in Volume 12651 Page 152, DRTCT, a distance of 68.76 loot, to a point for Its northeast Corner; THENCE N 87 along the north line of said Puroun tract, a distance cf 231.58 foot, to a point for its northwest corner, said point being at the beginning of a auf4a to the right having a radius of 380.00 fuel and a central angle of ',9 deg 24 min 14 sac, with a long chord bearing 500 °53'02':, a distance of 128,08 feet; THENCE southerly, along said curve to the right, an are length of 1.28.69 feet to a point for Corner in the west line of said Purdue tract; THENCE S 0 E. a distance of 106:66 feet, to a point for corner in the north right -of -way line Of Sauthlaka Boulevard (F.W 17091; THENCE S 87 °37'01 ` W, along said north righvof -way :ins of F.M. 1709 a distance of 112,33 feet, to a point for the southeast corner of Lot 2, Block 1,Southiake Oaks Addition to the City of Southlaks, as recorded in Cabinet A. Slide 3231, PRTCT; THENCE N 00 W, a distance of 101.76 feet, to a point for the beginning of a Curve to the :oft having a radius of 270,00 feet and a central angle of 22 deg 58 min 13 $a', with a long chord bearing N11 1 39 1 30' W, a distance of 107.37 feet; THENCE northerly, 01011 said curve to the left, an arc length of 10&09 feet to a point for the northeast corner said Lai 2; THENCE N 87 1 24'52'VV, along the north line of said Lot 2 and Lot 1, and continuing a distance of 780.42 feet, to a Point for the southwest corner at a tract of land by dead to the City of Southiake as recorded in Vaiurne 11618 , Page 1328, DRTCT; THENCE N 04 0 10'37" W, a distance of 274.34 feet, to a point for the northwest corner 01 said tract of land by deed to the City Of Soudt;aka as recorded in Volume 1'618 , Page 1326, DRTCT; THENCE S 89 °03'56" E, a distance of 714,41 fast, to a point for the southwest corner of a tract of land by dead to the City of Southiake as recorded in Volume 11438 , Pago 2287, DRTCT; iv {{�+ r1 o ( - , ii 0 11 EXHIBIT "A" THENCE N 00° 10'56 'Tl. a distance C 1185.42 feet, to a point for the northwest ciaoer of said tract of 'and by deed to the City of Southlake as recorded in Volume. 11438 , Page 1325, DRTCT; THENCE S 89''01'08' E, a distance of 579:33 feet. to a point for the :northeast corner a! said tract of land by deed to the City of Southlaks as recorded in Volume 11438. Page 1326, DRTCT; THENCE North, a distance of 2233 feet, to a point for the southwest corner of Lot 20. Oak r?Ifl Estates Adition to the City of Southlake as recorded in Cabinet A, Slide 683, PRTCT; THENCE S 89 °10'10' E, a distance of 1303.1:1 feet, to a point for the northeast corner of a tract of land by deed to the City of Southlake . as recorded in Volume 4928 , Page 733, DRTCT, said point being in the west right -of -way line of North White Chapel Boulevard; THENCE S 01 W. along said west right -of -way line a distance of 005,58 (eet, to a point for the northeast Corner of a tract of tend by deed to EPiPO- Crossroads Square as recorded in Volume 13745 , Page 82, DRTCT, THENCE N 8914811 " W, a distance of 5 18, 15 feet, to a point for the northwest corner of said tract of land by deed to EPIPO- Crossroads Square as recorded in Volume 1 3749 , Pages 82. CRTCT; THENCE S 01'10'23" W, a distance of 99,83 fast, to a point for the southwest corner of said EPIPD- Crossroads Square tract; THENCE N 89 W, a distance of 22.79 feet, to a point for the northeast corner of a tract of land by deed to the City of Southlake as recorded in Volume 13 749 , Page 81, DUCT; THENCE S 00 E, a distance of ta4.14 feet, to a point for corner n the north line of a of land by deed to the City of Southlake as recorded in Volume 13731, Page 23, DRTCT; THENCE N 89'28'01' E, a distance of 25.27 feet, to a point for the nom )west corner of said tract of land by deed to the City of Sduthlake as recorded in Volume 1.3731, Page 23, DRTCT, said point being in the west line of Lot 2, L.B.G.. Hall Addition to the City of Southlake, as reccrdad in Cabinet A, Slide 1210, PRTCT; THENCE S 01'11'27' E, a distance of 314.83 fast, to a point for the southeast corner of a said vact of land by dead to the City of Southlake as recorded in Volume 13731, Page 21 DRTCT, said point also being the northeast ccmat of Lot 1, Block 1, First American Savings Banc Addition to the City of Southlake, as recorded in Cabinet A, Slide 1325, PRTCT; THENCE N 89'51'43" W, along said first American Savings Banc Addition, a distance of 390,55 feet td a point for its northwest corner; THENCE S C0 W, a cisance of 250.24 fee;, to the POINT OF BEGINNING, and containing 61.61 acres of land, more or less. r:: WaNa45 ,s�4�law��94.r�A*flCW4 'lE3C.wW :8i MIN ,s Pelf ;1 .Ar; EXHIBIT "B" OWN X " f o� r• I t k *p ...... —.. }. "+F'F'.sYV:[' _..J,fff . Y l ' .3`:. I � t ?7 g y k 2 yy Ap gy p. fain +l C@$ gyp 1. >E �f R a S.. Y3 ✓ � j o e q64 a \� a P-1 r— �` � � �t ! g `v+ z� �f'"1 `a 'r 4 � / �u � Nit A M 1 � . � ° � -- - - -- 'a 9' Is2t x 1 uxN i tog all s P9 L41 '� q i Y _ '—T� �"'V._ _.._ _ �� rir— g...���� ; a,i s � :.Belo e� c➢ A ll k LL T i S = 015 3 s EXHIBIT "B" . . . .......... JR . ......... ...... . . ....... . . s .... . .. .. - . . . ..... .. T-j ..... .. .. ....... .. . .... .......................... ........... ..... ....... ... EXHIBIT "C" REGULAR CITY COUNCIL MEETING 1400 MAIN STREET SOUTHLAKE, TEXAS MARCH 5, 2002 MINUTES Motion was made to approve the 2' reading of Ordinance No. 480 -390, ZA01 -126, subject to Site Plan Review Summary No. 3, dated February 1, 2002, granting the variances as shown and increasing the variance on the tower height from 100 feet to 110 feet. Motion: Standerfer Second: Stephen Ayes: Evans, Shankland, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 6 -0 SITE PLAN REVIEW SUMMARY Case No.: ZA01 -126 Revised Review No.: Three Date of Review: 02/01/02 ect Name: Revised Site Plan — Clock Tower at Bicentennial Park APPLICANT: City of Southlake 1400 Main Street Southlake, TX 76092 Phone 817- 481 -1585 ARCHITECT: RQ Design, Inc. 2233 Avenue J, Suite 105 Arlington, TX 76006 Phone: 817 640 -8540 Fax: 817 - 481 -1594 Attn: Chris Carpenter Fax: 817- 640 -8550 Attn: Richard Query CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/02 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481 -2079. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 1 Interior Landscape Y Complies Driveways Y Complies Lighting Y Complies 1. Show, label and provide all bufferyards as required by ordinance. (Variance Requested, The applicant is requesting relief from providing any plantings except as they currently exist. This is in compliance with the previously approved plan.) 2. The proposed tower is 100' tall. Ordinance 480, Section 33.5a, limits the height of this type structure to a maximum of 50'. Ordinance 480, Section 33.5b allows the City Council vary this requirement following a recommendation from the P & Z. (Variance Requested) 4. Change the title to "Revised Site Plan for Bicentennial Park." 5. Label and dimension the drainage channel as a drainage easement. INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 211786581 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/8/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21178658 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 3/8/02 .\ ' B , 4 ', 3 �`,' b 14 8 1 � " t k! r 4 all? €P,1 CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 119 119 LINE $6.08 $723.52 CITY OF SOUTH- Sales Discount ORDINANCE No. ($627.13) 390 AN 4 ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'rHE I COMPREHENSIVE ZONING ORDI- Net Amount: $96.39 NANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED ASLOT 2R2, L.B.G. HALL NO. 686 ADDITION, AND TRACTS 1, 1 B, 1C1, 1C2, 1C3, 1E, 1A1, 2A2, 2B, 2B1, 3C1A, 3C, 3D, 3D1, 3D1A AND 3D6 SITUATED IN THE LITTLEBERRY G. HALL SURVEY, AB- STRACT NO. 686 • AND BEING 74.754 THE STATE OF FULLYS'AND COME County of Tarra SCRIBED DE- "A" FROM EXHIBIT A" FROM "S-P-1" DETAILED SITE Before me,a Nc R E G U L A Is O'Ng d County and State, this day e onally appeared Christy Holland, Bid and Legal Coordinator for the Star Tele WITH "CS"sERv�cE;tar-Telegram, •Inc.at Fort orth in Tarrant County,Texas;and who,after b ng duly sworn, did depose and say that the attache( CISTRI T USESTOY ment was published in the boy na ed paper on the listed dat s: BIDS L GALS DEPT. STAR TELE RAM MUNIT (817) 390-718 SESRVICE DISTRICT , .) AS DEPICTED O THE APPROVED CONCEPT PLAN ANDA INCORPOED RAT--TO Signed ED HEREIN AS EX- SUBSCRIBED Ai TO I THE SPECIFIC.E ME, THIS Tuesday,March 12, 2 2. REQUIREMENTS CONTAINED IN THIS 6eAborry\ ORDINANCE; C HIS RECTING THE OF- Notary Public FICIAL ZONING MAP, PRESERVING ♦ ALL OTHER POR- ,"„• 11 —� TIONS OF THE :o► VICKI L.WASON ZONING ORDI- .4 NANCE: DETER- ''. ": MY COMMISSION EXPIRES MINING THAT THE �,_` Thank You PUBLIC INTEREST, , �_ MORALS AND GIN-tent AUGUST 28, 2004 ERAL WELFARE "" ____._—iI ING MA CHAANGES THE ZANON- - D . AMENDMENTS HEREIN PROVIDING M HA1 THIS ORDINANCE SHALL BE CUMU- LATIVE To: O RIDE N A N C ALL Customer ID: CIT57 PROVIDING A PENS ALTY FOR VIOLA- TIONS HEREOF, Customer Name: CITY OF SOUTHLAKE PROVIDING A SAV- PROVIDING CLAUSE'FX 76101-2051 Invoice Number: 211786581 PUBLICATION IN THE OFFICIAL Q (1 NEWSPAPER, NAEF- FECTIVE Invoice Amount: $96.39 DATE. SECTION 7. PO Number: Any person, firm or Number: corporation who vio- lates,disobeys,omits, Amount Enclosed: i$nemc ort foewo resists the enforce- 1 ment of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense.Each day that