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0334-042 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-42 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE 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 1.0' ACRE TRACT OF LAND OUT OF S.H. THOMPSON SURVEY, ABSTRACT NO. 1504 AND THE L.A. CLAY SURVEY, ABSTRACT NO. 346 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO COMMUNITY SERVICE ZONING DISTRICT. USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH 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 ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; 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, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of Southlake, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air, the effect on the 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, 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, 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, facilities the adequate provisions 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. 334, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of August, 1986, as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, -2- and Works of said zoning ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. That the allowed use of a certain tract or tracts of land being approximately a 1.06 acre tract of land out of the S.H. Thompson Survey, Abstract No. 1504 and the L.A. Clay Survey, Abstract No. 346 and more fully and completely described in exhibit "A" from Agricultural Zoning District to Community Service Zoning District. Uses in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the ordinance. Section 2. The City Manager is hereby directed to correct the official zoning district maps 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. 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 present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable 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. 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon -3- conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the immediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED on the lst reading the day of 1988. ' PASSED AND APPROVED on the 2nd.-...wadi g the day of 1988. i Jo nny westerholm, Mayor Ci~y o Southlake I ATTEST: Sandra L. LeGrand, - City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney -4- „F7„ ,LIHIHXHj- ` +°' / rdUS 3/) F hZ') hF9 • 94E1, P1108 ta1,)[1'll [(LI .1 u.,Jn lns _i ((111.1 I,..]., Istl,a8 "5:Or ...:,,i' is” :;P 1110_,X.) 1;uo t. 11 4014 10 0 lulutyJPol;,uO OU 011.' ..-l0t( 4 pop •uNot;:: 'aun F• punolb oy; uo p.,f.:,n_u1., A9AJOs uo umoys su p..:{ tvul a10r� sJauJoJ 01a •886T F •puei uta ')NINNI'.�3U ;!O J.NIOd 0113 a360P TO 1i;nos :a,,N:•111.', 30 swine t u�ul[.,1u1,., P o1)UOJas Sb-so4nulw o£-��:� • a31r� a t1llm r� h;lt-'10u.,Ei ' ase:I F :aoua3 a,tc. a yaeauay puna; uicj uo1? y0a ouo SR n(); (1 ;I;Iuu.17, �c) . lsV,4 spuo ,0s 0E- Sagnurw 87- f3.�u.iO 104 ut1I Uu11 Slag*E0'9° � � your 8/£ e oz 3oa1 Lh' f 50anutw OZ-sJOI U! en U X11 I! Of��r��b'�s youi g9 11 a of x,,01 l5 y puro0A3110 plu a •oTe u T 6£-'jP Araotil1'JNr,yr.UI d.)N:•lll.! 1 e5 6uoTe uoi�- F xte 1 •, e�TaP a am spyo «rnt;f,iy P £ saolbep %8 11a1oN .;1e011 sal 11,..,111. .t ;s :;puo.,0 ltl ac,lnu t'.11Z , , ( u1c,d 1,1I'. 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II •.I ayT P I r�4 ti I k iF• cny 7s ON sze� 1 61 IZ E,� S / N;, f 47.°V [1\1. ,,, v °rnoTo - � � k y ""°" • w . snD'Ja /b5a/ n� k � 1 R\ °re/d 0/�/ • C ti • � �E8z88r ,7r / o L� 5`lF X IIr..,7 nit/h/7 -� - /7 air "Vi Q 0 4, � Cj. imummiiiiimunimmiliumimi Fort Worth Star-TE - - ,. 400 W.SEVENTH STREET•FORT WORTH TI "`J DATE I D: )fttirUG1 71988 4. AUG 07 6183423 augur OFFICE OF7�D THE STATE OF TEXAS CITY SECRETARY County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appearedC i n dy Truitt Secretary for the tort Worth Star-Telegram, published by the Capital Cities Communications, 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: CITY OF August 7 1 9 8 8 SORDINANCE 33 *******: AN ORDINANCE AMEND- * Northeast Extra Edition " NGNCE NO. 334 THE NG ORDINANCE OF ITY OF SOUTH- * RECO1 Z• At4GEONAICER * i TA CT TRACTSOF LAN• ' ITHINTHE CITY OF * CALL BEINGA THLAK PROKIMATELYA * OTRCT OF LAND UT O1. FACRES.HATHOMPSON SURVEY, ABSTRACT NO. �K******% 1504 AND THE L.A. CLAY Signed AND MORES FULLY AND COMPLETELY DESCRIBED IIN EXHIBIT"A"FROM AG- 1988 Subscribed and sworn to before me, this the1/5.�t TICICT RTO COMMUNITY y SERVICE ZONING DIS- Notary Public �, DANCE WITH THE EXHIBIT-;‘i LACJ-- ATTACHED HERETO,WITH Texas. THE SPECIFIC REQUIRE- ,•1,,• •P ORDNAMENTSCNCE CORRECTINNTAINED IN IS .+ DEBRA MORRIS Fes••"" ��i' THE OFFICIAL ZONING r /i/'" "\ Notary Public MAP PRESERVING ALL i ice; 14,1 STATE OF TEXAS OTHER PORTIONS OF THE �' I ZONING ORDINANCE;PRO- � VIDING A SEVERABILITY . OFs My Comm. Exp.Oct.23,1991 CLAUSE; DETERMINING 1 THAT THE PUBLIC INTER- EST,•- •^" MORALSANDGENER- - srn csP. ..04- -sc - AL ELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVID- INGAPENALTY NOTTOEX- v A City Secrytars`-"°��" CEED THE SUM OF TWO Approv s to form' THOUSAND(S2000.001 AND A CCOUNT NUMBER CURRENT /s/John .8oyleJr. SEPARATE OFFENSE w SHALL BE DEEMED COM- - ---MITTED UPON EACH DAY ON RECPT 8/07 'OLATION OCNURISHAND CIT57 PROVIDING AN ErFEC- TIVE DATE. IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPA'is/Johnny nof Southeserholm •TO ASSIST 6. • _ nL • T , P• Tk •F • _ kT P • _ _ •eYu • •.•. :•,Attest: • is/Sandra retL.LeGrand EXAS76199. A..---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOIAoproveoastoform: /s/John F.Boyle Jr. City Attorney ADVERTISING STATEMENT Fort Worth 9 REMIT TO P O BOX 99074 • FORT WORTH, AS 7619 6183423 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 25 • 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-T ....___ _, 400 W.SEVENTH STREET•FORT WORTH ' DATE D ■ JUL 22 6173653 July THE STATE OF TEXAS O T.CE OF County of Tarrant CITY SECRETAR'' 4. Before me, a Notary Public in and for said County and State, this day Cindy Truitt personally appeared Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, 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: July 22 , 1988 • NOTICE OF ******* PUBLIC HEARING N TICE Is hereby given to all * AM & PM I estedoersons that the City T ns,y/111 the be holdInr9 tJbllc* R E C OI h ►IngonAugust2,ma at the * I r lar city council mee}Ing w chw0(beglnat7:30o.m.and held In the city council cham- * CALL hersofcityhall,667NorthCar- rollAvenue,Southlake,Texas. * Putpose of the hearing is tocon- sltlEr thefollowingordinance In *******• f/,� t!' second reading: Signed h O� SOUTHF LAKCITYE TEXAS / CE A[�OORID NANCEAMEND-; Subscribed and sworn to before me, this the2 2 n ITHE TONING CEOR NO. 334 8 8 LI1 OF_ ,�_THE TEXAS GRAY OF NTOUTH- INGA; Notary Public D(�'VII�GCHANGEONACER- o„ TA N TRACTOR TRACTS OF LAND WITHIN THE CITY OF Texas. SOUTHLAKE TEXAS _ t, B�IINGAPPROXIMATELYA ,� °°:�'.{'• DEQtSA Iv',GRi lS 1,p6 ACRE TRACT OF LAND a ^\��. OUT OF S.H. THOMPSON Notary Public SURVEY, ABSTRACT NO. 1 1." �+* STATE OF TEXAS 1N�Q4.1 AND THE L.A. CLAY SURVEY ABSTRACTNO.346 �� AND MORE FULLY AND y�q� ...;•1'4' COMPLETELY DESCRIBED 0r T' My Comm. Exp. Oct.23,1991 IN EXHIBIT"A"FROM AG-; RTR CT TO COMRAL MUNITY r. SERVICE ZONING DIS • - TRICT. USES IN ACCOR- _..._._ DANCE WITH THE EXHIBIT Z NINGORDINA ATTACHED HERETO,WITH V DING A SEVETH►{f�E SPECIFIC REQUIRE- CURRENTT CLAUSE; DETE MENTSCONTAINEDINTHIS RECTING 1ACCOUNT NUMBER EHT MORALSAT THE AN THEI OFFICIAL AOL ZONING, AL WELFARE MAP. PRESERVING ALL' CIT57 ON RECPT THE ZONING I OTHER PORTIONS OF THE -__�A�ND AMEP ZONING ORDINANCE;PRO- IAFGRAPENN A TYI CLAD EG A DETERMINING/761.TOASSIST IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTe CF'ED THE SU6 THAT THE PUBLIC INTER- TY k _k _ R_T • e 11 •• k • • : P•Y T _ p THOUSAND(5200 EST MORALS AND GENER-H,TEXAS 76199. SEPARATE AL'WELFARE DEMAND ♦�TEAR ALONG THIS PERFORATION AND RETURN THE LOWEF SHALL BE u ONE`=-'AND ZONAMEING NDMENTS CktIRINGOR ON OOLLATION OCCI NGAPENN ALTDYNOTTOEX- PROVIDING A' CEED THE SUM OF TWO TIVE DATE. THOUSAND($2000.001 AND Gity andraL�aLeG SNALLRBE DEEMED COMMENT rCRY Secretary MLTTTED UPON EACH DAY -" OUR I NG OR ON WHICH A VI- OLATION orWorth REMIT TO: D OCCURS AND '/ORTH, TEXAS 76199 PROVIDING AN E�FEC T4VE DATE. UV of South lake 6173653 ACCOUNT CIT5 /5/ andratL, rand ON RECPT NUMBER - --- I� PAGE 1 OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 24 . 50 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED