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480-694CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-694 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 1C1, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 "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 Ordinance No. 480-694 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 and 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 Ordinance No. 480-694 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: Approved 1St reading on Consent (5-0) noting the applicant's willingness to plant two (2) 6 -inch caliper canopy type trees in an effort to mitigate tree proposed to be removed. Approved 2nd reading (7-0) granting the variances for the City's Tree Preservation Ordinance by accepting the applicant's proposal to preserve approximately 55% of the 10% existing tree canopy; subject to the Staff Report dated May 12, 2015 and the Concept Plan Review Summary No. 3, dated April 28, 2015; and subject to acceptance of the applicant's agreement to plant two six-inch caliper canopy -type trees as shown on the revised tree plan indicating that the two trees shown on the southern border will meet that criteria. 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 Ordinance No. 480-694 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 Ordinance No. 480-694 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 in its entirety on the City website 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 it 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 r day of May, 2015. II.,AIIAYOR ATTEST: 4 - 24kP Lori Payne, Cl' PASSED AND APPROVED on the 2nd reading the �' day of May, 2015. Laura dl, MAYOR ATTEST: ///iii .°°'°v�NL4k�c''• Lori Payne, ClIj SECRET cn 'v = r• Ordinance No. 480-694 '••••••••'- APPROVED AS TO CITY ATTORNEY DATE: ulq 10 , '201s- ADOPTED: Maw 19, 46 15� EFFECTIVE: VV* al SS Ordinance No. 480-694 EXHIBIT "A' Tract 1C1, Jesse G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 3165 Johnson Road, Southlake, Texas. Ordinance No. 480-694 Cr" II 1 1 1 I I 1 1 I 1 I I I �1 I 1 1 1 I 1 1 I I I 1 1 I 1 I 1 11 — 1 if vi �1 s II 1 1 1 I 1 I I 1 1 1' II 1 I I 111I 1 II I 1 I I I 1 I I I 1 I 1' I I 1 I 1 II I EXHIBIT "B" Approved Concept Plan I 1 i I I� I I I I ------____________. I nmm uuisa Ordinance No. 480-694 PN RD. (GR 4091) - - -T Approved Tree Plan 5163--0HN50N RD. (cR 4oaJ N - - LANDSCAPE LEGEND EXISTIN6 TREE TO BE REMOVED EXISTIN6 TREE TO BE PRESERVED NEIN TREE TO BE PLANTED TOTAL EXISTING TREE CANOPY 04315F) = 10% OF 40)66 SF (LOT) TOTAL EXISTING TREE CALIPER = 228' EXISTIN6 TREE CANOPY TO BE REMOVED (1,121 5F) = 45% OF 3,631 S.F. EXISTING TREE CALIPER TO BE REMOVED = 58' EXI5TIN6 TREE CANOPY TO BE PRESERVED (2,110 5.F) = 55% OF 3,831 S.F. EXISTIN6 TREE CALIPER TO BE PRESERVED = 110' (2) NEW &' CALIPER TREES TO BE PLANTED MATH A 20' CANOPY AT MATURITY NEW TREE CANOPY ADDED (628 5F) = 16% OF 3,631 S.F. NEW TREE CALIPER ADDED = 40' TOTAL TREE CANOPY COVERAGE (2,136 SF) = EXCEEDS 10% OF 3,831 5F. TOTAL TREE CALIPER = 268' Ordinance No. 480-694 Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 INVOICE RE( fail°.ZD Bill To: JUN 1 7 2015 CITY OF SOUTHLAKE 1400 MAIN ST ,, STE 440 OFFICE OF CITY u.,_,�. RETARY SOUTHLAKE, TX 76092-7604 Attn:Attn: ACCOUNTS PAYABLE e%p ... ,,depth CITY OFSOUTHLAKE. TEXAS CITY OF SOUTHI AN- ORD NANCE 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 DE- SCRIBED AS TRACT 1C1, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG" AGRICUL- TURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCOR- PORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED IN THIS OTHER PORTIONS IING ORDINANCE; THAT THE PUBLIC IRALS AND GEN- IE DEMAND THE THE STATE OF County of Tarrar [3580 l 58 Customer ID: CIT57 Invoice Number: 334150341 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 58 LINE Net Amount: 5/22/2015 Net due in 21 days 5/31/2015 21500075 33415034 073 CITY OF SOUTHLA 5/22/2015 $1.20 $69.60 $69.60 ` puun, CHRISTY LYNNE HOLLAND s Notary Public, State of Texas $ ,;h My Commission Expires July 31; 2016 Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 334150341 Invoice Amount: $69.60 PO Number: 21500075 Amount Enclosed: $ CUMULATIVE OF ALL ORDI- Before me, a No NANCES; PROVIDING A SEVER- and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram, public IFOR ABILITY Y PENAL USFORRO IOLATIONS Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clippinc HEREOF; PROVIDING A SAVINGS ed in the ve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM - (817) 390-7039 CLAUSE; PROVIDING FORPUBLI- CATION IN THE OFFICIAL NEWS- PAPER; AND PROVIDING AN EF- FECTIVE DATE. Signed Any person, firm or corporation who violates, disobeys, omits, neglects SUBSCRIBED P or refuses to comply with or who HIS Friday, May 2 201 . resists the enforcement, of any of the provisions of this ordinance shall be fined not more than Two Nota Public h Thousand Dollars ($2,000.00) for Notary each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Passed and approved this the 19th day of May, 2015 during the regular City Council meeting. Mayor: Laura Hill Attest: Lori Payne, City Secretary Thank You I . . �_ _ ---___ Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 334150341 Invoice Amount: $69.60 PO Number: 21500075 Amount Enclosed: $ Star -Telegram .808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 PUBLIC HEARING NOTICE CITY OF THE STATE OF TEXAS County of Tarrant INVOICE Customer ID: CIT57 Invoice Number: 333745231 Invoice Date: 4/15/2015 Terms: Net due in 21 days Due Date: 4/30/2015 PO Number: 21500075 Order Number: 33374523 Sales Rep: 073 Description: PUBLIC HEARING Publication Date: 4/15/2015 I3580 1 102 102 LINE $1.20 $122.40 Net Amount: $122.40 MAY 01 2015 CHRISTY LYNNE HOLLAND Notary Public, State of Texas My Commission Expires July 31, 2016 off %0 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the Ave named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7039 1 \ t , T"1 r\ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Ap/I 1f, 4J15. Notary Publi Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 333745231 $122.40 21500075 i Legal Notices PUBLIC HEARING NOTICE CITY OF SOUTHLAKE, TEXAS Notice is hereby given to all inter- ested persons that the City of Southlake, Texas, will consider the following items in the Council Chambers at Town Hall, 1400 Main Street, Southlake, Texas for: City Council on Tuesday, May 5, 2015, at 5:30 p.m. will hold a public j hearing and consider: • ZA15-023, Site Plan for Don Davis Investments on property described as Lot 4R, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2105 Green - briar Drive, Southlake, Texas. Current Zoning: "I-1" Light Indus- trial District. SPIN Neighborhood It 10. • Resolution No. 15-024 (ZA15-024), Specific Use Permit for the sales and service of used automobiles, trucks, or motorhomes on property described as Lot 4R, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2105 Greenbriar Drive, Southlake, Texas. Current Zoning: "I-1" Light Indus- trial District. SPIN Neighborhood It 10. City Council on Tuesday, May 19, 2015, at 5:30 p.m. will hold a public hearing and consider: Ordinance No. 480-694 (ZA15-017), Zoning Change and Concept Plan on property described as Tract 1C1, Jesse G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 3165 Johnson Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF -IA" Single Family Residential District. SPIN Neighborhood It 11. • Ordinance No. 480-693 (ZA15-014), Zoning Change and Concept Plan for 1860 Sunshine Lane on property described as 3A1F5, Frances Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and located at 1860 Sunshine Ln., Southlake, Texas. Current Zoning: "SF -IA" Single Family Residential District. Proposed Zoning: "SF - 20A" Single Family Residential District. SPIN Neighborhood It 4. • Ordinance No. 480-657a (ZA15- 032), Zoning Change and Site Plan for Cambria Suites on property described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 400 and 470 N. Kimball Ave., Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Proposed Zoning: "S -P-2" Gener- alized Site Plan District. SPIN Neighborhood It 4. • Ordinance No. 480-654b (ZA15- 025), Zoning Change and Concept Plan for Legends at Southlake on property described as Lots 1-6, Legends at Southlake, an addition to the City of Southlake, Tarrant County, Texas located at 2300-2380 Dean Way, Southlake, Texas. Cur- rent Zoning: "S - P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood It 8. • ZA15-026, Site Plan for Lots 3-6 at Legends at Southlake on property described as Lots 3-6, Legends at Southlake, an addition to the City of Southlake, Tarrant County, Texas and located at 2320, 2345, 2360 and 2380 Dean Way, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P.2" Gen- eralized Site Plan District. SPIN Neighborhood It 8. All interested persons are urged to attend. City of Southlake Lori Payne, TRMC City Secretary