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480-032CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-32 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 4.2514 ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACTS 4A2, 4A4, 4A5, 4A6, AND 4All, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO COMMERCIAL-2 ZONING 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 Zoning 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 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, the citizens of the City of S0uthlake, 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 4.2514 acre tract of land out of the J.G. Allen Survey, Abstract No. 18, Tracts 4A2, 4A4, 4A5, 4A6, and 4All, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural Zoning District to Commercial-2 Zoning 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 co~unity. 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. ~ P~AS,SED AND APPROVED on the 1st reading the ~/~ day ~,'!-'[~,'~'C?,~ , 1990. . //~ ,..-,~__~ ...' ~ ~± ~ ?,~ %ok. ....' ~ ATTEST: CITY SECRETARY PASSED AND APPROVED on the tL , 99o. 2nd reading the j~c, day ATTEST: / C~TY SECRETARY APPROVED AS TO FORM AND LEGALITY: of of CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W SEVENTH STREET•'ORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KET•EY ALLARD 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 TOTALCH/UNE RATE AMOUNT NOV 25H624660 CL . 358 1X75 L 75 . 60 45 . 00 p non pm wolialpueo'aBewew-i 0 v ember 25 31 snouas Jo;6u111oo1 eleOUIS pue'; CI wI Jana)oj pue Jay1a6o1 awn si A1=- 'alewal eliyM e io uewonn of an6Z lq'mu umalq`soft I",.1.9'9 C ILIA&u«laas New :Muo say paleioa� eoloyd uoo'Weil apnpui sisaJawi pa. a;aida6e'alew awls'moos j/ e'ouuewol'alaouls 100w o1 all iolssa;ad'puolq'ialluup'mos lies '6uinol uni '1ua6inewi 'al A SIGNED JD SWORN TO BEFORE ME , T IS HE 26th DA OF • p r: •, 199• N TARY UBLIC , J j , yht Nuppas alewa3 �,.. TARRANT CO NTY, TEXAS - :°r ',''', DAWN K.McDOINOUG- 1 3 H 1 d 1,44 /• COMMISSION EXPI;(PI AUGUST 1" ! 01 AFFIDAVI S AALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT � REMIT TO : 400 W . SEVENTH, FW, TX 76102 FbrtWorthr- e e ram h1rl i � C : �' I(X 6. 3YY WA X*64rxW' iY,q017_ 6_ 197 6624660 ACCOUNT CIT57 AMOUNT 45 .00 NUMBER DUE '" PAGE TiF CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY ihh. 45 . 00 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 410E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALARD 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 •TAL 1 RATE AMOUNT NOV 09 6617606 CL . 358 1X84 L 84 . 38 31 . 92 NOTICE OF november 9 PUBLIC HEARING NOTICE isherebygiventoall interested persons that the City Council of the Cityof Southlake, __._._.._.__...u--..__._..__... Texas,will be holding a public hearing during the City Council meeting to be held on Novem- ber 20, 1990 beginning at 7:30 o.m.,in the City Council Cham- bersof City Hal I,667 North Car- roI l Avenue,South l a ke,Texas. . Purpose of the hearing is to _._....._ ..._......._ „__...,.. .._. _... consider the second reading of the following ordinance: CITY OF Of j__ / � / / SOUTHLAKE,TEXAS .-......._._.. ,...._._.,...... ..__..._._.... --..._._..... .........._._-_.-... ...7. ._..._.... /_....,....__..._.. r / 7 _.___.._..__.....___.., ORDINANCE NO.480-32 i AN ORDINANCE AMENDING 480ORDE AND SWORN TO BEFORE ME , T 'I THE 9th DAY- OFCE 1990 iii, REHENSIVEZON- NOTARY PUBIC SiCE OF �///� CITY OF SOUTH- ii,(((��� LAKE,TEXAS;GRANT- ING A ZONINGCERTAI TRACT TA -RANT COUVTY , TEX ANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OFSOUT BEING APPROXIMATE- TEXAS 11 0 1 . F F I D A V I T S BEING APPROXIMATE- ='�. LYAA2514ACT OF THE ' DAWN K. MCDDNOUGH OF LAND OUT OF THE _._. ............._..__ J.G. ALLEN SURVEY, 1 •ABSTRACT NO. 18, COMMISSION EXPIRES �M TRACTS 4A2, 4A4, 4A5, It ,,,�,,, '" AUGUST 17 1991 4A6, AND 4A11, AND _...,- .-.._..._._...__ MORE FULLY AND 1 —I COMPLETELY DE- SCRIBED IN EXHIBIT �o TUFROM AGRICUL- jy �, Ir/ "A" ZONING DIS- lll,,,lllf__ 1, TRICT TO COMMER- CIAL-2 ZONING ,�- AR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -i DISTRICT IN ACCOR- DANCE WITH THE EX- HIBIT ATTACHED TO THE AND SPECIFIC REMIT TO : 400 W .• SEVENTH , FW , TX 76102 TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CORRECTING y �/ THE OFFICIAL ZONING 8 f RXXXXXXXXXXXXXXXXXXX MAP; PRESERVING Star-Telegram REMIT TO: r P.O. 64uX 970734 • FORT WORTH, TEXAS 76197 ALL OTHER PORTIONS OF THE ZONING ORDI- SEVERABROTYING A ACCOUNT C I T 5 7 AMOUNT 31 . 92 CLAUSE; DETERMIN- ING THAT THE PUBLIC i INTEREST, MORALS AND GENERAL WEL- 1 1 FARE DEMAND THE PAGE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS ($2000.001 FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- INGASAVINGSCLAUSE; AND PROVIDINGANEF- FECTIVE DATE. City ofSouthlake TY OF SOUTHLAKE ORIGINAL SCandra L.Wre aeGrand 7 N C A R R 0 L L PLEASE PAY 31 . 92 SOUTHLAKE TX 76092 0 THIS AMOUNT PIP ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED