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480-019CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-19 AN ORDINANCE AMENDING ORDINANCE NO. 480, 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 APPROXIMATELY A 3.61 ACRE TRACT OF LAND OUT OF THE C.B. MCDONALD SURVEY, ABSTRACT NO. 1013, TRACTS 4, 4B, AND 4C, AND THE P.R. SPLANE SURVEY, ABSTRACT NO. 1453, TRACT lB., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO INDUSTRIAL-2 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO 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) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule 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 Agricultural 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 cf 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 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, %he 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: -2- 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 approximately a 3.61 acre tract of land out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 4, 4B, and 4C and the P.R. Splane Survey, Abstract No. 1453, Tract lB, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to Industrial-2 District. 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. -3- Section 7. That any person violating 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 to exceed Two Thousand Dollars ($2000.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ~, ~SED AND APPROVED on the 1st reading the /' day of y ~ PASSED AND APPROVED on the 2nd reading the /~ day of ..- %...' '.... Sandra L. LeGrand City Secretary C~a~r y Fi City of Southlake APPROVED AS TO FORM: City Attorney City of Southlake -4- Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS anty of Tarrant Before me , a Notary Public in and or said County and State , this day personally appeared DOnz _- L_ L.. 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 IN TOTALRATE AMOUNT MAY 20 ' 6519947 CL . 358 1X75 L 75 . 60 45 . 00 may 2U CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-19 AN ORDINANCE I AMENDING ORDI- NANCE NO.480,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTH- S;GRANT- GAZONING CHANGE ON A CERTAIN TRACT WR F LAND ITH N THEOCITY OF BENGAPPROXIMA ES LYA 3.61 ACRE TRACT .,...._............__.._,..,..__..__.__...__..._,._._._,....... OF LAND OUT OF THE C.B. SUR- VEY ABSTRACT NO. 1013,4 ABSTRRACT5 4 4B,AND CUBS RIBED AND SWORN TO SPLANE SURVEYND THE IS THE cQ A1D DA' OF WALL / Cj'1o+ STRACT NO.1453,TRACT ,_�_M_ _, ww� __..„....,._....._.r_._ 1B.,AND MORE FULLY NOTARY PUBLIC ANDCOMPLETELY DE- SCRIBED IN EXHIBIT -6-C '. "A" FROM AGRICUL- TURAL DISTRICT TO IN- TARRANT COUNTY, TEXAS IN ACCORDANCE WITH THE EXHIBIT AT- TACHED HERETO AND SUBJECT TO THE SPE- SUE A. RUSSEIL Q], AFFIDAVITS _ _ _„ CIFIC REQUIREMENTS CONTAINED IN THIS ;OMMISSION EXPIRES ORDINANCE; COR- RECTING THE OFFI- _._..-._....__..w...._.,.........w......_...____......_,.__ CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF l THE ZONING ORDI- NANCESEVERABILITY ING A A.---TEAR ALONG THIS P ING THAT TDHE PURLK 1RN THE LOWER PORTION WITH YOUR PAYMENT ------A INTEREST, MORALS — AND GENERAL WEL- FARE DEMAND THE ZONINGCHANGESAND AMENDMENTS REMIT TO : 400 W • SEVENTH , FW , TX 76102 HEREIN MADE; PRO- VIDING A PENALTY Port Worth Star-'i NOT TO EXCEED THE _. __ 7I SAND F T DOLLARS REMIT 'fl.): X16XC0X(�QtXl1w�f,�ffXiXC176197 TIONS OF THE ZONING fl 6519947 ING ORDINANCE;SAVINGS ACCOUNT C I T 5 7 AMOUNT 45 . 00 CLAUSE;AND PROVID- NUMBER -DUE ING AP EFFECTIVE DATE. PASSEDANDAPPROVED IN SECTHEOND 15t DAYO DMAY,1990 IS Gary Fickes Mayor of Southlake ATTEST: Sandra L.LeGrand City Secretary Approved as to form: E.Allen Taylor City Attorney _ __ CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY 45 . 00 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS unty of Tarrant Before me , a Notary Public_3,n_ and for said County and State , this day personally appeared 14REN //9y1.0i2 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 INCHILINE RATE AMOUNT MAY 04 6511603 CL . 358 1X84 L 84 . 38 31 . 92 m a y 4 NOTICE OF .......... . . ......___. .,....,...._,_.,_..,..,.,...._.......,,.,_...._.,_._..,,... PUBLIC HEARING __-__._..... .,_,....._ _...._"._..._.. .....,......_._....,____^ NOTICE Isherebygiventoall Interested persons that theCity Council of the City of Southlake, ..,........._.,..,....... Texas,will be holding a public ...__..._._.,,_._.....__ hearing during the Regular Ci- ty Council meeting to be held on May 15,1990,at 7:30 p.m.In the ......._.., _".....,_... City Council Chambers of City "._..., ........_ ......._... Hail 667 North Carroll Avenue, Southlake,Texas. Purpose of the Hearing Is t0 -- -- consider the following oral' nance in public hearing: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.490-19 SIGNED AN ORDINANCE �-1 /� AMENDING480,THE ORDI- NANCE NO. cIIBSCRIBED AND SWORN TO BEFORE ME , THIS TI ZONING ORDINANCE AY 0 A (� N 0 T THE CITY OF SOUTH- LAKE,TEXAS;GRANT- ,�, --2.4-C ING A ZONING CHANGE ON A CERTAIN TRACT WTHN TRACTS THEOF LAND CITYOF TARRANT COLNTYI TEXAS �T SOUTHLAKE TEXAS SUE A. RUSSELL BEING APPRdXIMATE- LY A 3.61 ACRE TRACT .`„4.r- t COMMISSION EXPIRES OF LAND OUT OF THE 1 AFFIDAVIT S .‘, C.B. MCDONALD SUR- /\ ` OCTOBER 27, 1993 VEY ABSTRACT NO. " "tr 1013,TRACTS 4,48,AND 4C AND THE P.R. SPLANE SURVEY AB- STRACT NO.1453,TRACT 1B.,AND MORE FULLY i ANDCOMPLETELY DE- SCRIBED IN EXHIBIT I /n "A" FROM AGRICUL- TURALDISTRICT TO IN- TEAR ALONG THIS PERFORATION AND RETURN THE DUSTRIAL-2 DISTRICT I YOUR PAYMENT mi. IN ACCORDANCE WITH THE EXHIBIT AT- TACHED HERETO AND SUBJECT TO THE SPE- CIFIC REM CONTAINED IN THIS SEVENTH , FW , TX 76102 ORDINANCE;Port Worth Star-Telegram RECTIOTHER G I?& —CIAL. ZONPRESERV �(pxoomxrpo xxxx- -x g7619OTHER POTHE ZONI NANCE;PROVIDING A 6511603 CLAUSE; DIT E ERMIN-Y1 AMOUNT DUE 31 . 92 ING THAT THE PUBLIC INTEREST, MORALS ---_-- --- - - AND GENERAL WEL- PAGE 1OF I FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS ($4000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- ING A SAVINGS CLAUSE;AND PROVID- ING AN EFFECTIVE DATE. CITY OF SOUTHLAKE (City ofSouthlake Sandra L.LeGrand 667 N C A R R O L L City Secretary —,,,,LE PAY ` 31 . 92 SOUTHLAKE TX 76092 0 I THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED