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480-194CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-194 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUI'HLAKE, TEXAS; GRANTING A ZONING CItANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CII'Y OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3R1, BLOCK 1~ CRUMBAKER ADDITION AS SHOWN ON THE PLAT RECORDED IN CABINET A, SLIDE 807, PLAT RECORDS TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 1.146 ACRES SITUATED IN T.M. HOOD SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT 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. WttEREAS, 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 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 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 G:,,ORD\CASES\480-194.WPD Page I thc City Council 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 stationa~ 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 surthcing 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 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- croxvding 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 fbr, and are in the best interest of the public at large, the citizens of the city of Southtake, 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 SO! JTHLAKE, 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 mnended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: G:\ORD\CASES\480-194 WPD Page 2 Being a 1.146 acre tract of land being legally described as a portion of Lot 3R1, Block I, Cmmbaker Addition as shown on the plat recorded in Cabinet A, Slide 807, Plat Records Tarrant County, Texas, situated in T.M. Hood Survey, Abstract No. 706, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "O-1" Office District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the Cid Manager is hereby directed to correct the Official Zoning map ol'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. Ali 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. 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 G: ORDXCASES\480 194.WPD Page 3 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 unlil 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 (I0) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, ftne 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 ~2_f,~ o~,/,~ ~t~tn~m~*~ ~ITY SEC~TARY This ordinance shall be in full force and effect from and after its passage and ,1996. PASSED AND APPROVED on the 2nd reading the /~ day of~ , 1996. G:~ORD\CASES\480-194.WPD Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY~f // · / EFFECTIVE: ~/Q/J2J/,,/~/~. /Oq~ G:\ORD\CASES\480-194.WPD Page 5 EXtlIBIT "A" PROPERTY DESCRll~ION ZONING REQUEST - O1 FOX HOLLOW All of that certain tract or parcel of la~d situated in the city of Southlake, Tan-ant County, Texas and being a portion of Lot 3Rl, Block 1, CRUMBAKER ADDITION to the city of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 807, Plat Records, Tan-ant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a ½ inch steel rod found for the Northeast comer of said Lot 3R1 and being the Northwest comer of Lot 3R2, Block 1 of said addition, said point being in a curve to the left through a central angle of 05 degrees 34 minutes 24 seconds and a radius of 2,501.80 feet; THENCE southeasterly with the common line of said Lots 3R1 and 3R2 and with said curve to the left a total arc distance of 243.36 feet to a ½ inch capped steel rod at the most easterly southeast comer of said Lot 3R 1; THENCE North 89 degrees 04 minutes 00 seconds West,with a boundary line of said Lot 3R1, 55.60 feet to a 5/8 inch steel rod found for the inner comer of said lot; THENCE South 00 degrees 09 minutes 00 seconds East with an easterly boundary line of said Lot 3RI, 111.70 feet to a point for comer, THENCE North 70 degrees 08 minutes 56 seconds West, 224.84 feet to a point being on a curve to the left through a central angle of 21 degrees 47 minutes 53 seconds and a radius of 55.00 feet; THENCE northwesterly with said curve to the left a total arc distance of 20.92 feet to a point for comer, THENCE North 00 degrees 52 minutes 00 seconds East, 199.17 feet to a point in the North boundary line of said Lot 3RI; THENCE South 89 degrees 08 minutes 00 seconds East 111.69 feet to the place of beginning and containing 1.146 acres of land. G:\ORD\CASES\480 194 WPD Page 6 , Fort Worth Star-Telegram AD INVOICE NO. 1572532 400 W. SEVENTH STREET• FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 OSTATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT 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 INCH/LINE RATE AMOUNT 4/05ME 1572532 NOTICE OF PUBLIC I358 1x 60L 6C .66 39. 60 04/05-04/05 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to all interested persons that the CityCouncil of the City of holding Ia publiTexas, h ar hearing be ur- ing the Regular City Council Meeting to be held on April 16,1996 at 7:00 p.m.,in the City Council Chambers of City Hall,667 North Car- roll Avenue,Southlake,Tex- Purpose of the hearing is to consider the se8cond reading CITY the SOUTHLA ordinance ES AORDINANCE CE AMENDING ORDINANCE NO. 480 AS ID AMENDED, THE COMPRE- HENSIVE `�,�,� NANC ZONINGOR DI- LT �;� ���ANCE OF THEECITY OF SOUTHLAKE, TEXAS; ' GRANTING A ZONING CHANGER ON A CERTAIN S I G N = SUBSCRIBED AND E WITHINOTHECII YTOFSOUTNH°- 3E ME, THIS THE 10TH DAY OF APRIL , 1996 LAKE, LET TEXAS DES BEING AND s,.boea�ta1 �� lr Ct MORE FULLY AND COM-D IN EX- ;�� h n t HIBIT"AY FROM SUB ECT TO INDA R. GOEiE '� THE SPECIFIC REQUIRE- n + Notary Public MENTS CONTAINED IN THIS(1,1 %)lora EXPIRES ORDINANCE; CORRECTING PRESERVING ZALLINO HER Tr CMBER S, 1999 TARRANT COUNTY, TEXAS PORTIONS FDETERMINING tr0•"La EST, MT ORAL PUBLIC GENER- AL WELFARE DEMAND THE EASE PAY THIS AMENDMENTSNGESHEREIN;E AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! MADE- PROVIDING THAT THISM ORDINANCEATEOFSHALL BE DI :ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT NANCESTIPROVVIDING AOSEDV- �► NG FOR A PENALT•Y FOR VI- OLATIONS HEREOF- PROVIDING A SAVINGS PUBLICATIN PROVIDINGI O FOR Or it ort CIAL NEWSPAPER AND Fi PROVIDING AN EFFECTIVE iegraiJi DATE. REMIT TO: 400 W. SEVENTH ST. • FORT WORTH,TEXAS 76102 City of Southlake I Sandra L.LeGrand City Secretary 1 ACCOUNT AMOUNT 39. 60 1572532 NUMBER CIT57 DUE PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL (817)390-7501 ill CITY OF SOUTHLAKE - 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY , 39 . 60 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED _ Fort Worth Star_Telearain FED. I.D. NO. 22-3148254 AD INVOICE NO. 1646372 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7 ACCOUNT NO. ESTATOF TEXAS E y of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT 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 INCH/LINE RATE AMOUNT 4/19ME 16463 2 CITY OF SOUTHLAK I358 1x 81L 81 . 66 53. 46 CO DINANCE NO 480-1945 0 4/19-0 4/19 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS A POR- TION OF LOT 3R1 BLOCK 1. CRUMBAKER ADDITION AS t SHOWN ON THE.PLAT RE- CORDED IN CABINET A, SLIDE 807,PLAT RECORDS, It TARRANT COUNTY TEXAS, AND BEING APPROXIMATE- LY 1.146 ACRES SITUATED IN T.M. HOOD SURVEY, AB- STRACT NO. 706, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG" AGRI- CULT URAL DISTRICT TO"0- 1" OFFICE DISTRICT b. SUBJECT TO THE SPECIFIC REQUIREMENTS CON- SU TAINED IN THIS ORDI- (� THIS THE 23rd DAY OF NANCD NRRTHIS THE 'ORN T BEFORE ME, APRIL , 1996 OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS -�f,eY Pi)h OR- DINANCE;OF THE O l�2- r ef��� RHONDA R. GOKE ., THAT THE PUBLIC INTER- ��•`• \r • COMMISSION EXPIRES Notary Public P. &-wc-, • EST, MORALS AND GENER- 16. AL WELFARE DEMAND THE 4,1+ ''f ZONING CHANGES AND l�s ....... ±: SEPTEMBER 8, 1999 AMENDMENTS HEREIN 'q�oF:>- TARRANT COUNTY,TEXAS MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- RABILITY PC AUS1E'GPROVID- E[ ING FORA PENALTY FOR VI- RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OLATIONS HEREOF PROVIDING A SAVINGS t CLAUSE; PROVIDING FOR-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PUBLICATION IN THE OFFI- CIAL �� NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or corporation who violates, disobeys, omits neglects or Forrefuses to comply with or ' who resists the enforcement of any of the provisions of Ile this ordinance shall be fined r."re1egrarri REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 not more than Two Thou- et) sand Dollars 152 000.00) for each offense. Each day ACCOUNT C I T 5 7 AMOUNT that a violation is permitted 53. 46 to exist shall constitute a NUMBER DUE separate offense. PASSED AND APPROVED - -THIS THE 16TH DAY OF 1 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 APRIL 1996, DURING THE PAGE OF REGULAR CITY COUNCIL MEETING OF THE CITY OF SOUTHLAKE,TEXAS. /s/Gary Fickes,Mayor ATTEST: /s/Sandra L.LeGrand, City Secretry APPROVED AS TO FOR: 1 t /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 53. 46 ITHISAMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED