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480-169CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-169 AN ORDINANCE AMENDiNG ORDiNANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZON1NG 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 A 0.46 ACRE TRACT OF LAND SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 2D, AND MORE FULLY AND COMPLETELY DESCRIBED iN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "O-1" OFFICE DISTRICT, 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 lo 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 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 Page 1 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 inmaediate 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 fmd 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, Page 2 is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 0.46 acre tract of land situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "O-1" Office 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 h-acts 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. Tbat 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. §ection 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. publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the/~ day of ~ / This ordinance shall be in full force and effect from and after its passage and ,1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the J- day of ~{tff/ ,1995. ATTEST: Page 4 APPROVED AS TO FORM AND LEGALITY: EFFECTIVE: (-i:\ORDkZONING/480 169 Page 5 EXHIBIT "A" A TRACT OP' LAND IN THE HIP, AN GRANBERRY SURVEy. ABSTRACT No. ~ITUATEI) IN TARRAN~i' COUNTY, 'TEXAS, AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID GRANBERRY SURVEY; THENCE SOUTH (DEED CALL) 25.0 FEar; THENCE SOUTH 88 DEGREES 44 MINUTES EAST A DISTANCE 0N 187.0 THENCE SOUTH 02 DEGREES 18 MINUTES WEST A D~STANCE 0F 33.~8 FEET TO A POINT IN THE SOLrrH RIGHT OF WAY LINE OF SOt~FHLAKE BOULEVARD (F. M. 1709) ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTH 02 DEGREES 16 MINUTES WEST A DISTANCE OF 241.04 FEET TO A POINT FOR CORNER; THENCE SOUTH 88 DEGREES 44 HINUTES EAST A DISTANCE OP' 85.00 FEET TO A POINT FOE CORNER: THENCE NORTII 02 DEGREES 16 MINIrrES EAST A DISTANCE OF 239.93 FEET TO A POINT IN THE SOUTH RIGHT OF WAY LINE OF SAID SO[ITH[,AKF. BOULEVARD; THEN0S NORTH 87 DEGREES 59 MINUTES 06 SECONDS WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANOE OF 85.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.46 ACRES OF LAND MORE OR LESS. Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 Tuc STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DAWN M. 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 : NOTICE OF ' PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- cli of the City of Southlake, Texas,will be holding a public _ DATE AD INVOICE NO. --- hearing during the Regular TOTAL Ih Id onMev2 9eet1In9 Ito beg AD SIZE INCH/LINE RATE AMOUNT at 7:00 P.T. the meeting will 1X92 L 92 • 55 50 . 60 APR 21 3167224 CL • 358 ca held of City Hall,667 North Carroll Avenue,South- lake, Texas. The purpose of fhepubiichearingIstoconsld- er the following ordinance: SOUTHLAKE TEXAS __....._. AORDINANCE ROR DI NANCEOAMEND- ING ORDINANCE NO. 480, Aj PREHENSIIVEZON NGOR- DINANCEOFTHECITYOF SOUTHLAKE TEXAS - --- GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY __ -- � BEINGA046ACR�TRACT OF LAND SITUATED IN THE HIRAMGRANBERRY SURVEY ABSTRACT NO. /Qcjz<21- BS'C1TffED 581 TRACTS 2D AND ..... ..... MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT"A"FROM"AG" VITURT " "7 �+-7� �p95 AFIL JWVI\N ,JOECTCTODTHERSCP�CIFC THIS E 25TH --A OF RIL REQUIREMENTS CON- TAINED IN THIS ORDI- NOTARY PUBLIC... N A N C E J CORRECTING .� .... .........___- . ._..-. ..... ,414 /THE OFFICIAL ZONING MAP' PRESERVING ALL 1 TEXAS ZONING OTHER ORDINASOF NCE; D E ZONING ORDINANCE;DE- TARR NT COUNTY, -- -- --- ---- -TERMINING THAT THE --- — PUBLIC INTEREST,MOR-. .ALS AND GENERAL WEL- V,FARE DEMAND THE ZON- IRrp-ING CHANGES AND :Z 'f. AMENDMENTS HEREIN - --- ------- 2 MADE, PROVIDING THAT . , -- - r THIS ORDINANCE SHALL rp i t BE CUMULATIVE OF ALL , i r t E A� �4t t ORDINANCES PROVID- I �0Sr ING A SEVERABILITY p4 I)1,, CLAUSE;PROVIDING FOR ��" �ETARY TIONS HEREOF PROVID- sA ING A SAVINGS CLAUSE; PROVIDING IN THE OFFICIAL TEAR ALONG TF NEWnsi;APER AN �FFECTI O- RETURN THE LOWER PORTION WITH YOUR PAYMENT -� DATE. Section 7.Any person firm or corporation whoe gviolates, r disobeys,comply who REMIT TO : 400 W . SEVENTH , FW, TX 76102 resists theenforcementof any of the provisions of this orld- nance shall be fined not more For tW9rth taYEan Two Thousand Dollarsf'.FI�I`i7 R.R.X3RI DPVXXXXXv IXIX,XrR)X XX)1-2051 E2,000.ay) for each offense. ach day That s violation Is permlttepdtoexlst shall constl- PASSED AND APPROVEDACCOUNT A DUENT5O . 60 31674 BY THE CITY COUNCIL OF NUMBER CIT57 THE CITY OF SOUTH- LAKE THIS THE 18TH DAY OF AFPRIL,1995 I Gary Flckes, Mayor of South lake Attest: Sandra L. LeGrand, City Secretary Approved as to form:E.Allen ,Taylor Jr.,City Attorney CITY OF SOUTHLAKE \ 667 N CARROLL AVE PLEASE PAY 50 . 60 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN: SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 Tut" STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared DAWN M. 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 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL AMOUNT INC.. MAY 05 3176650 Cl_.. 358 1X75 L 75 . 55 I 41 . 25 may 5 ' CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-169 AN ORDINANCE AMEND- ----- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVEZONINGOR- DINANCE 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 A0.46ACRE TRACT OF LAND SITUTATED IN , THE HIRAMGRANBERRY I SURVEY ABSTRACT NO. ;581,TRACT 2D,ANDMORE ' -- 'FULLY AND COMPLETE- LY DESCRIBED IN EXHIB- IT'A"FROM"AG"AGRI- IGNE) ✓� CULTURAL TO "0-1" _ _a OFFICE DISTRICT SUB- �mt1 -MA , 199S -..-....�..__ .,.._.. JBSCRIBED A D SWOR'JECT To THE SPECIFIC E, THIS THE 1li4 DA OF REQUIREMENTS CON- NOTARY PUBLIC . NAINED IN THIS TIN n�/y� _._. NANCE: CORRECTING /v{CL� THE OFFICIAL ZONING ' MAPL PRESERVING ALL OTHER PORTIONSOF THE ZONING ORDINANCE;DE- TARR NT COUNTY, TEXAS -------- -- TERMINING THAT THE j PUBLIC INTEREST,MOR- �`O• ALS AND GENERAL WEL- FARE DEMAND THE ZON- rp ING CHANGES AND 1„,• - -AMENDMENTS HEREIN h ___._.._.__._ __. _.. -_..... _... .. S;`;;MADE PROVIDING THAT THIS ORDINANCE SHALL ,es OF ICE OF BE CUMULATIVE OF ALL u �,: ORDINANCES PROVID- a ' -- - °- ING A SEVENABILITY _..___.._. __ _.__._ _ /11'� S r'` �, A PENALTY PROVIDING FOR(C VY.ETARY TIONS HEREOF PROVID- ING A SAVINGS'CLAUSE; PROVIDING FOR PUBLI- CATION ALONG NEWSPAPER SA OFFICIALR ND RETURN THE LOWER PORTION WITH YOUR PAYMENT �_ VIDING AN AFFECTIVE DATE. Section 7.Any person firm or corporation who violates, disobeys,omits, with or REMIT TO : 400 W . SEVENTH , FW, TX 76102 disobeys, omits, ne horwho resists the enforcement of any of the provisions of this ordi- nance shall be fined not more Fort Worth Sta tan Two Thousand Dollars T T S a seip for each offense.ram PEW C: o X R)R'X9XXU X XICX WREN-X.XVl�� XX91-2o51 ppeeach day that a violation Is aitttedtoexlate t shall nse.consti- tutePASSED AND APPROVED ACCOUNT AMOUNT 3176650 BY THE CITY COUNCIL OF NUMBER C I T 5 7 DUE 41 . 25 THE CITY OF SOUTH- LA THIS THE 2ND DAY MA Garys, 1 Mayorr of of Southlake Attest: Sandra L. LeGrand, City Secretary Approved as toform:E.Allen Taylor Jr.,City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 41 . 25 SOUTHLAKE TX 76092-9595 THIS AMOUNT ► ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED