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480-171CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-171 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 2.0 ACRES SITUATED IN THE T. J. THOMPSON SURVEY, ABSTRACT NO. 1502, TRACT 1B2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "C-3" GENERAL COMMERCIAL 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 to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government (-'ode; 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 Counc'l did consider the fbllowing 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 oft-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 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 um'easonably 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 tbr the changes in zoning and has also lbund 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 lbr 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 fbr, 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: Being a 2.0 acre tract of land situated in the T. J. Thompson Survey, Abstract No. 1502, Tract 1B2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "C-3" General Commercial 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 cominercial 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances afi'ecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if th/s ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. publication as required by law, and it is so ordained. This ordinance shall be in full force and effect from and after its passage and PASSED AND APPROVED on the I st reading the day of~ ATTEST: ,1995. PASSED AND APPROVED on the 2nd reading the qO day of T ATTEST: ,1995. CI*FY SECRE 1ARY APPROVED AS TO FORM AND LEGALITY: CITY AT'I'ORNEY//~ DATE: Page 5 EXHIBIT "A" T~I/2/CE N ~o /d,' 3~ E e distance of 12-5.0 Tli~I~CE N O° 03' 30" W a distance of ~00.0 ~/~{ENCE iN 88~ /~' 30" E a d~atancc of 373.21' feet$ TH~I~CE S ~.~' 30" E a dis~ncc of 2~.0 fec%; ~CE ~ ~ ~' 3~ W al~g. ~e Nor~ line of ~atd 5.O5 acre tract add al~g n fence a dt~nce of &98.21 feet ~ place of begin~ng, con~inLng 2.0 ac~e8 Of l~d more or leaa. Page 6 FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD INVOICE NO. 130308 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. Cit57 THE STATE OF TEXAS County of Tarrant Dre me, a Notary Public in and for said County and State, this day personally appeared DAWN M.R IVERA 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 TOTALH/ RATE AMOUNT NCH/LINE • JUNE 23 130308 CL. 358 1x73 L 73 40.15 CITY OF '" ORDINANCE NE_,48�i 4. AN ORDINANCE AMENp. i ORDINANCE NO. 48CT ' AMENDED, THE COMM - HENSIVE ZONING ORDI- NANCE OF THE CITY OF -- ----- - SOUTHLAKE, TEXAS' GRANTING A ZOM CHANGE ON A CERT. TRACT OR TRACTS OF D WITHIN THE CITY OF S • LAKE, TEXAS BEING 0 ACRES SITUATED IN THE`�F. J. THOMPSON SURVEY2„18.B- STRACT NO. 1502 T 1B2 AND MORE FULLY:AN COMPLETELY DESCRI IN EXHIBIT "A" FROM AGRICULTURAL TO "C- " GENERAL COMMERCIALD TRICT SUBJECT TO' ^ SPECIFIC REQUIREMENT ;; SIGNED ,\ ala ' 7 •7i0.1(Acij CONTAINED YT ORDINANCE; CORRECT'''. '' THE OFFICIAL ZONING M SCRIBED f PORTONS OF THE z°o eRIEFORE ME, THIS THE 1ST DAY OF JULY 1995 . ORDINANCE; DETERMI I G THAT THE PUBLIC INTB - ,m y�A•1~�• EST, MORALS AND GENER AL WELFARE DEMAND-THE Inn Hernandez NotaryPubliC-1 CW1e1-4-40-1 ZONING CHANGES AND . - -: AMENDMENTS HEREIN,. CITY SEC -_ (THIS PROVIDING TH .Issibn Expires BV' ORDINANCE SHALL L yy k. P. CUMULATIVE OF 4i ti ber 14, 1998 X TARRANT COUNTY,TEXAS ORDINANCES; PROVIDING"p SEVERABILITY CLADS �' , PROVIDING FOR A PENAL PROVIDING FOR G&G VIOLATIONSA SAVING PLEASE PAY P s cEkrav°n°HE{JFOR /DICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER,. AN EF�E -u S PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----.4, DATE. Section 7. Any petspil; - firm or corporation whop vlqq lates, disobeys, omits;'fe+ glects or refuses to co with or who resists th. .i forcement of any of the provlI sions of this ordinance shall be fined not more than Two Thousand PortWoi permitted0 to for each offens Chokes:' elegraiti REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 Each day that a violation' st tu separate offense. PASSED PASSED AND APPROV#(1.BY ACCOUNT AMOUNT THE CITY COUNCIL OF THE NUMBER CIT57 DUE 40.15 CITY OF SOUTHLAKE, -THIS THE 20TH DAY OF JUNE, 1995 Gary Fickes, PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 Mayor of Southlake CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX. 76092-9595 PLEASE PAY ► 40.15 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. I.D. NO. 22-3148254 AD INVOICE NO. 47903 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS County 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: �— TOTAL AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT 6709ME 47903 NOTICE OF PUBLIC I358 lx 67L 67 . 55 36. 85 06/09-06/09 INOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS that the City Council of the City of Southlake,Texas,will be holding a public hearing during the Regular City Council meeting to be held on June 20, 1995, begin- ning at 7:00 p.m.The meet- • ing will be held in the City Council Chambers of City I Hall,667 North Carroll Ave- nue, Southlake, Texas. The • purpose of the public hear- mg is to consider the follow- ing.ordinance: CITY OF SOUTHLAKE,TEXAS _ ORDINANCE NO.480-171 AORDINANCE ORDINANCE AMENDING AS ' AMENDED, THE CONfPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SIGNED SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND SUBSCRIBED AND SWO LAAKEI"TEXAS EING UZ o 1E, THIS THE 16TH DAY OF DUNE 1995 ACRES SITUATED IN THE - -` T.J. THOMPSON SURVEY, ABSTRACT NO. 1502 TRACT 1B2, AND MAORE Notary Public EBDEXTS ' FULLY AND INHIBIA FROM 'AG' AGRICULTURAL OFFICE OF' TO "C-3" GENERAL COIVI- ECTC O THE SPECIFIC RE PPP TARRAN COUNTY,TEXAS t R _ ,, OUIREMENTS CONTAINED p, IN THIS ORDINANCE• COR- + ZONING MAP'PRESERVING PLEASE PAY THIS ORIe THE OZONINGIRDINANCE 3 RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DETERMINING INTEREST,THAT THE` .� TE P�nnLI� NFRA WELFARE'ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-► VIDING THAT THIS ORDI- NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPEER; AND PROVIDING AN EFFEC- TIVE DATE. City of Southlake,Texas Sandra L.LeGrand City Seeref,.ry • Fort Worth Star-Telegram FED. I.D. NO. 22 3148254 AD INVOICE NO. 130308 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 f THE STATE OF TEXAS County of Tarrant re 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 INCCH RATE AMOUNT H/LI LINE 6/23ME 130308 CITY OF SOUTHLAK I358 1x 73L 73 . 55 40. 15 06/23-06/23 CITY OF ORDINANCE SOUTHLAKE, TEXAS8171 AN ORDINANCE AMENDI ORDINANCE NO. 480 AMENDED, THE COMP HENSIVE ZONING ORDI- NANCE OF THE CITY OF RA KETEXAS;GNTIG A CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH: LAKE, TEXAS BEING 2,Q ACRES SITUATED IN THE Tt' J.THOMPSON SURVEY AD. 1B2,AND MORE FULLY SURVEY_, IND COMPLETELY EHBI " ROMR''AG-' '�//�/ AGRICULTURAL TO "DIS= //''/% / /' �� GENERAL ASJC COMMERCIAL THI E SPECIFIC REQUIREMENTS SIGNED CONTAINED IN THIS OTHE OFFICIALZONIING MAP' SCRIBED AND SW( PORTIO SNOF THE ZONING ME, THIS THE 10TH DAY OF , • ORDINANCE; DETERMINING va. THAT THE PUBLIC INTER-^Pav' EST, MORALS AND GENER- ,.. • AL WELFARE DEMAND THE`'- Notary Public ZONING CHANGES Al.,,,, AMENDMENTS HERE OFFICE MADE PROVIDING TH tl ri i�" THIS ORDINANCE SHALL ? G" CUMULATIVE OF AI TARRANT OUNTY,TEXAS CITY SEC ETA Ir. ORDINANCES PROVIDING A Ay� SEVERABILIT'iI CLAUS ; PROVIDING FOR A PENALTY PROR VIDING TIOA S SAVINGS° PLEASE PAY THIS OF CLAUSE;ITIORON INDTHE FORM. RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER AND A-- PROVIDING AN EFFECTIVE RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT TE. �� Section 7. Any person, firm or corporation who silo, lates, disobeys, omits, lie, glects or refuses to comply with or who resists the en- forcement of any of the provi- sions of this ordinance shalt be fined not more than Two Thousand Dollars PortWorth permitted to for each offense. ram REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 I Each day that a violation is to exist shall consti- 130308 tute a separate offense. ACCOUNT AMOUNT PASSED AND APPROVED BY CIT57 T 5 7 40. 15 THE CITY COUNCIL OF THE NUMBER DUE CITY OF SOUTHLAKE, THIS_ THE20TH DAY OF JUNE, 1 OF 1 1995 Gary Fickes, IF ANY QUESTIONS, PLEASE CALL(817)390-7501 Mayor of Southlake Attest:Sandra L.LeGrand, City Secretary Approved as to form: E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE ATTN : sandra legrand 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 40. 15 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED