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480-009 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-09 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE 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 APPROXIMATELY A 3.00 ACRE TRACT OF LAND OUT OF THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, TRACT 2A4, THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, TRACTS 3Al AND 3Bl, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO COMMERCIAL-3 ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; 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 adj acent 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, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of South lake , Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air, the effect on the 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 sui tabili ty for particular uses and the view to conserve the value of the buildings, 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, 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, facilities the adequate provisions 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 proximi ty 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. Tha t Ordinance No. 480, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, -2- and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. That the allowed use of a certain tract or tracts of land being approximately a 3.00 acre tract of land out of the Thomas Easter Survey, Abstract No. 474, Tract 2A4, and the Samuel Freeman Survey, Abstract No. 525, Tracts 3Al and 3Bl, and more fully and completely described in exhibit "A" from Agricultural Zoning District uses to Commercial-3 Zoning District uses in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the Ordinance. Section 2. The City Manager is hereby directed to correct the official zoning district maps 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. 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 present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable 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. This ordinance shall be cumulative of all other ordinances of the City of South lake , 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon -3- conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the heal th, safety, morals, peace and general welfare of the inhabi tants of the City, creates an emergency for the immediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. Ii., PA$SED AND APPROVED ;JJJ!lJA'Y\1.uJ /' , 1989. on the 1st reading the /1 day of ~ PASSED, AND \ 1~ 1 !AI ~it ' ",,,,,,,,,,,,,,,, ,.,,~ ~ U l A I",/. ,....'1 ..\, n j,"~ ~" \\ ~...'.."'..:! ~ ~~ ~~*' ........~ ~<... ... '..r' 'So $0" '.<"'$ : : '. 7" ;;. ==--: ~~= i....; :CI)! """"-'. ... i ~" . . ~ ~ ... ,,' $ A~hE~.:........" ~$' If,.Il *' ... ~... ~'" .. \\\'" ~"'"........""\ APPROVED 19-&9 .cIO on the 2nd reading the oZ day of /~~ Gary Ficke , Mayor City of South lake dftu&v >1 ,~ Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: tJt()~ City Attorney City of South lake -4- u.-..-.~'''!t.''i'',~~,.,....... '.~. ~, . - METES & BOUNDS.OF PROPERTY TO BE REZONED De'e"pt'on lor a t'lct 01 Ja.d 'n t~. rho... a..te~ Survey, Abstraot HUMbe, 4'4. In' tbe Sa.u.J "..... Survey, Ab,traot HUMbe, 628, ra"ant Coubt,. ,..... Ind More ~art'oul.rJY. b6'nk that t"bt 61 JI.d d.'e~jb'd 'n a deed to C. C. Hajj, Jr.. '8b6...d'Jn ,.J.... 42". "... 649, Deed Reoord., Ta;'lnt COdftt~:' r.ra.. 1ft ...dl" de.e. j bed by Met e. and bound. al toJ 1..': . . BEGINNING at a point in the etl.tln. .Odlb.,l, 11n. of ,. M. Hl.hwy 1109 whlob 11el b, deed call. 88.8 f..t, "6ft~ 00 detrees 01 Iftlnutea East froM tb. "olth...t 66'~e., Of sald Easter Survey: THRNCE South 12 de_reel 80 _lhute. 08 .e6oftd. RI.t , diatanoe of 882.31 feet alon. tbe ..utbe'l, (lne of " M. Illlbwa, 1109; THENCE South 00 de.rees 02 Minute. 82 .e60nd. We.t I distanoe 01 301.10 feet: THENCB North 89 de.ree. 49 Minute. 80 ..cond. We.t a di.tanoe of 38&.80 teet, THENCE North 00 de.rees 10 Minute. 30 lecond. II.t a distanoe 01 416.01 leet to tbe POINT OF BIOINNINO, .Iid desorlbed tract oontainln. 8.00 lcr.1 of land. .:.. " 8-3 Tn 3B3A .37 AC Tn 3133 .62 AC TlIACT 1IJ --- -- Jimny L. Parker -..---- ~ . I ^ f. I P 8j( L; # Belle Lidst:r In 382 2 AC TrIACT 1 E 3.916 AC B-2 Lyford Land G roup Corrmercial-2 1 CS TR 2E 1.89 AC SF-1 Howard E. Carr, Jr. TR 2A3 5.AA AC TR 181 3 AC Miller'---- ..._......~ TR2 1.59 AC SF-1 AG AG TIl ;, A 5 . 1.1 AI: TR 2A 2.94 AC __ //TR 1 -r-"-'" ..-.....-.. TR 2A2 1.22 AC c~ ~ 2 I-'--- TR 1A .5 AC ~~~ .. --"-_..~~- ~ ~~ . r" I (!) VJ ~ OA\<S MfAOerL------- ~ 8-5 ---~. 3 ~RA:'~.l --' TRACT 1 t TR 2A2 3 AC TR 7. ~~1 g fASlfR \'SUnvrY A___474 Fort Worth Star.Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 -IE STATE OF TEXAS -aunty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared ROSALIE RIVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT JAN 07 6444383 CL . 358 1X107L 107 . 35 37 . 45 january 7 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-09 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, THE """""""'` ZONING ORDINANCE OF THE CITY OF SOUTH- GRANT- LAKE,TEXAS,A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATE- ""' "" LY A 3.00 ACRE TRACT OF LAND OUT OF THE 4-13djf../te"-----' THOMAS EASTER SUR- VEY ABSTRACTNO.474, SI -Ell TSUBSCRIBED AND SI ERLFREET MA SURVSAVEY, E ME , TH1S THE 10 DAY OF JANUARY, 1990. ABSTRACT NO. 525, NOTARY PUBLIC TRACTS 3A1 AND 3E11, AND MORE FULLY AND COMPLETELY DE- SCRIBED Cit SCRIBED IN EXHIBIT • "A" FROM AGRICUL- TURAL ZONING DIS TARRANT COUNTY , TEXAS TRICT USES TO COM- MERCIAL-3 ZONING ,�� • SUE A. RUSSEII DISTRICT USES IN AC- .. D1 AFFIDAVITS CORDANCE WITH THE ;r ' ' i EXHIBIT ATTACHED •' `► '"." / COMMISSION EXPIRE• HERETO WITH THE �� %y OCTOBER 27, 1993 SPECIFIC REQUIRE- v.s MENTS CONTAINED IN THIS ORDINANCE COR- I RECTING THE OFFI- CIAL ZONING MAP; MN � (` PRESERVING ALL ( ., 1' RDI- : OTHER PORTIONS OF THE♦�TEAR AL NANCE PRIOVIDING A )N AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —� SEVERABILITY — CLAUSE DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE REMIT TO : 400 W • SEVENTH , FW , TX 7610E ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- _ _ FortWorth Si NOTI TO EXCEED THE rain 9'I'i' X.X X X X 7Q3PK�@ X X`4190k�X9Q�d44•X �(9SX7s1 s7 SUM OF TWO THOU- SAND DOLLARS 6444383 (4�•00) AND A SEPA- ACCOUNT AMOUNT RATE OFFENSE SHALL NUMBER C I T 5 7 DUE 37 . 45 BE DEEMED COMMIT- TED UPON EACH DAY OURINGORON WHICH A VIOLATION OCCURS, BF I AND PROVIDINGANEF- FECTIVE DATE. Section 7.Any person violat- ing any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not toexceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a viola- tion occurs or continues. CITY OF SO Section 8. The fact that the O R I G I N A 667 N C A R R present zoning ordinance and PLEASE PAY regulations of the City are lnad- , 37 • 45 equate to properly safeguard THIS AMOUNT SOUTHLAKE the health, safety, morals 76092 0 Peace Inhabitants of general e wCity,cre- A T T N S ates an emergency for the im- mediate preservation of the Ci- ty of the public business, property, health, safety and general welfes are tofftt the publliil PLEASE WRITE IN AMOUNT ENCLOSED hichnance shall become effective from and after the date of Its fi- PASSED AND APPROVED on the 1st reading the 19th day of December,1989. PASSED AND APPROVED on the 2nd readIng on the 2nd day of January,1990. Mayor Gary Flckes ATTEST:Sandra L.LeGrand, City Secretary Approved as to form:E.Allen Taylor,City Attorney Fort Worth Star-Telegram .. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS county of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared ROSALIE RIVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT DEC 22 6439159 CL • 358 1X83 L 83 . 35 29 . 05 december 22 NOTICE OF PUBLIC HEARING --,. Notice is hereby given to all In- terested persons that the City Council of the C i ty of South la ke, Texas,will be holding a Public Hearing on January 2 1999, during the regular City Council Meeting,667 North Ca r rol I Ave. Southlake,Texas. Purposeof thehearing Is tocon- (13 Sider the second reading on the following ordinances. CITY OF S G ED SOUTH LAKE,TEXAS SUBSCRIBED Al ORDINANCE NO.408-09 EFORE ME , THIS E 26 DAv F ID«0. I: 1989. AN ORDINANCE NOTARY PUBLIC 1 AMENDING ORDI- NANCE NO. 480, THE ZONING ORDINANCE IRXfIOF THETY OF SOUTH- TEXAS I XAS,GRANT-ING CHANGETAIN TRACTS OF LAND0'1 .AFFIDAVITS HE CITY OFOXIMATE-CRE TRACT OF LAND OUT OF THE THOMAS EASTER SUR- ,. TRACT82A4RACT THE SAMU- L74 LJ ELFREEMANSURVEY, 1,, ' ABSTRACT NO- 525, TRACTS 3AI AND 3B1, I AND MORE FULLY AND RFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT --,A COMPLETELY DE- SCRIBED IN EXHIBIT TURALROZONM AINGGR I DIS- TRICT USES TO COM- NG MERCIAL-3 DISTRICTLUSESOINIAC- REMIT TO : 400 W • SEVENTH , FW, TX 76102 EXHIBICE WITH THE HERETO W THCTHE , REMIT TO' � X 7 • F T W T A 76t97 or or MENTS CONTAINED N e gram �M X� it X Rl X X x THIS ORDINANCE,COR- RECTING THE OFFI- ACCOUNT AMOUNT 6439159 PRESERVING MALL NUMBER CIT57 DUE 29 . 05 OTHER PORTIONS OF THE ZONING ORDI- NANCE;PROVIDING A PAGE �JF 1 SEVERABILITY f CLAUSE; DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS ($2000.00) AND A SEPA- RATE OFFENSE SHALL CITY TTED UPONEEACOH DAY - ORIGINA DURINGORONWHICHA PLEASE PAY 667 VIOLATION OCCURS, THIS AMOUNT 29 • 05 AND EF- FECTIVE DATE. T X 7 6 0 9 2 0 SOUT CITY OF SOUTHLAKE A Sandra L.LeGrand LEG R A N D City Secretary PLEASE WRITE IN AMOUNT ENCLOSED