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0334-056 THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-56 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, PASSED AND APPROVED ON AUGUST 19, 1986, GRANTING A SPECIAL EXCEPTION USE PERMIT ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND MORE FULLY DESCRIBED HEREIN; APPROVING A SPECIAL EXCEPTION USE PERMIT FOR TWO (2) MODULAR BUILDINGS TO BE USED FOR SUNDAY SCHOOL CLASSES BY THE COUNTRYSIDE BIBLE CHURCH, 1325 NORTH WHITE CHAPEL BLVD.; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE, PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN TWO DOLLAR NOR MORE THAN TWO THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF TARRANT THE CITY OF SOUTHLAKE WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A"; and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the city of Southlake, Texas (the "City") for its recommendation and report; and WHEREAS, the Planning and Zoning Commission of the City of Southlake and the City Council of the City of Southlake, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of Southlake, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 334, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed and approved on August 19, 1986, as originally adopted and amended, (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definitions, Phrases and Words of said Comprehensive Zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. A Special Exception Use Permit is hereby granted for the use of two (2) modular buildings by the Countryside Bible Church, 1325 North White Chapel Blvd. Section 2. That this Special Exception Use Permit shall allow the use of two (2) modular buildings as Sunday School classrooms subject to the provisions contained in this ordinance and the applicable regulations contained in the Comprehensive Zoning Ordinance. Section 3. That the herein described property shall be used only in the manner and for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this Special Exception Use Permit, subject to the following specific requirements and special conditions: The two (2) modular buildings will be removed within ninety (90) days of the issuance of a certificate of occupancy for the new facility or within two (2) years of approval of this request, whichever comes first. Section 4. The City Manager of the City is hereby directed to correct the official zoning maps of the City to reflect the herein change in zoning. Section 5. That in all other respects the use of the tracts of land herein above described shall be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 6. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan of 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 secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of populations; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made 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 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 8. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. 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 less than one Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED ON FIRST READING BY THE fITY COUNCIL OF CIT OF SOUTHLAKE, TEXAS, this the day of , 1989. PASSED AND APPROVED ON SECOND AND READ N Y THE -ACqTY CO NCTL OF THE CITY OF SOUTHLAKE, TEX , is e day of 1989. Jo nny A. Westerholm Ma or ~~¢e•sa?~easPsa,r„~~~ ATTEST: •Sandra L. LeGrand S"'. 4 ? y City Secretary B APPROVED AS TO FORM: City Attorney City of Southlake;/ ` Note 1 DESCRIPTION (METES AND BOUNDS) OF PROPERTY REQUESTED TO BE REZONED: Requested By: Countryside Bible Church 1325 N. White Chapel Blvd. Southlake, Tx. 76092 BEING a tract of land situated in the LARKIN H. CHIVERS SURVEY, ABSTRACT NO.300 in Tarrant County, Texas, and being more particularly described by metes and bounds as follows: TRACT 1: BEGINNING at a point for corner in the east line of White Chapel Road (County Road No. 3016), same being North 01 degrees 50 minutes West 609.89 feet from the intersection of the North line of Highland Road (County Road No. 3034) with the said East line of White Chapel Road; THENCE North 01 degrees 50 minutes West along the said East line of White Chapel Road for a distance of 292.58 feet to an iron rod for corner; THENCE South 88 degrees 19 minutes East for a distance of 457.65 feet to an iron rod for corner; THENCE South 02 degrees 05 minutes East for a distance of 278.75 feet to a point for corner; THENCE South 89 degrees 56 minutes 29 seconds West for a distance of 458.22 feet to the POINT OF BEGINNING. CONTAINING 3.0 acres of land. Note 2 Listing of names and addresses of property owners that own property within 200' of Tract 1, Block A-80 of Peck Addition: Paul S. David 2219 Heartside Carrolton, Tx 75006 The Elms Group 1725 E. Southlake Blvd. Southlake, Tx 76092 L.O.Brightbill,III 6116 Merrymount Ft.Worth, Tx 76107 L.D.Davis Box 4154 Irving,, Tx 75061 J.D. Powers 1331 N.Sunshine Ln. Southlake Tx 76092 Jack R. Jones 1250 N.White Chapel Blvd.Southlake Tx 76092 Howard O.Pangburn 200 W. Highland Southlake Tx 76092 WIZ Enterprises 650 S. Carroll Ave. Southlake Tx 76092 Mrs.E.J. Bryant 1310 N.White Chapel Blvd Southlake Tx 76092 Wayne Lee EXHIBIT "A" Fort Worth Star-Teic '--------...... 400 W.SEVENTH STREET•FORT WORTH,TEXA: DATE I DES• APR 09 6308545 april THE STATE OF TEXAS CIT57 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared ROSALIE RIVERA 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: 6308545 4/09 - THE CITY OF SOUTHLAKE TEXAS ********* CL008 A ORDINANCE NO.3 CORDINAE * AMENDING ORDI- NANCE EEIE E * RECONC HNSV ZONING ORDINANCE * M O OFTHECITYOFSOUTH- LAKE TEXAS AS * CALL 39 AMENDED, PASSED AND APPROVED ON * AUGUST 19 1986, GRANTING A SPECIAL EXCEPTION USE PER- ********* Signed D MIT ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF SOUTH- LAKE TEXAS AND Subscribed and sworn to before me, his th SCRIBED ED HEREIN AP- LA89- - — EXCEPT ON U E HEREIN; D1 "ubliC MIT FOR TWO(2 MODU- LAR BUILDING'S TO BE F C USED FOR SUNDAY Texas. EVE1." . PublI`C�G SCHOOL CLASSES BY ' ►tlato Notary 1GK"' THE COUNTRYSIDE STATE(JF BIBLE CHURCH, 1325 4t J`, * so. NORTH WHITE CHAPEL BLVD.; PRESERVING b,�,^�S' MY m � _�1 i992 ALL OTHER OF VE E COMPNG ORE PORTIONS t� • - _ SEVERABILO�DINGA - - CLAUSE,- DETERMIN- ING THAT THE PUBLIC INTEREST MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGE AND �� AMENDMENT OV HEREIN CURRENT CURRENT PENAELTYOFNOTLESS •CCOUNT NUMBER THAN TWO DOLLAR NOR MORE THAN TWO C I T 5 7 4/09 THOUSAND DOLLARS ON RECPT FOR EACH OFFENSE AND A SEPARATE OF- IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DE• UPONEN F SHALL BE 61.TO ASSIST SE H YI DUVIOR US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O. INGORONEACWHICDAHA • TEXAS 76199. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH 1 PROVIDINGAUNE�FEG TIVE DATE. Passed and Approved in 2nd r reading this the 4th day of ADVE 1989 �nny H Westerholm !ENT Mayor of Southlake Port Worth Star-Telegram REMIT TO: P OCIfyS�r aorand etary , Approved as to form: ACCOUNT C I T 5 7 E Allen Taylor +N RECPT 6308545 NUMBER ,City Attorney PAGE L OF CITY OF SOUTHLAKE ORIGINAL le. 667 N CARROLL PLEASE PAY ki. 39 . 76 SOUTHLAKE TX 76092 0 THIS AMOUNT JP- ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Tele' 400 W.SEVENTH STREET•FORT WORTH TEXAS 7 DATE DESCRI / MAR 24 6299798 march 24 THE STATE OF TEXAS CIT57 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared ROSAT.TF. RTVF.RA 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: ********** NOTICE OF I 6299798 3/24/89 pUBLIcHEARING * NOTICE Ls hereby given to all * R E C O N C I Icourest di:eel ifvso hSoutn ake CL�eB Texas, duringlding the regullIc arhCir- ty * M 0 N Council Meeting to be held on * CALL 390 yilcounc8191 at of c fly * hall 667 North Carroll Avenue, $oufhlake,Texas. ********** Purposeof the hearinggIstocoil. skier The second reading of the Signed C followln9ordinance: ti THE CITY OF +-- SOUTHLAKE TEXAS Subscribed and sworn to before t is e 3 ORDINANCE{10.33456 r y n ORDINANCE 1989. /// D AN ORDI- NANCE NO. 334 THE f i Notary Public t COMPREHENSIVtl , , • , ING ORDINANCE OF I THE CITY OF SOUTH- LAKE TEXAS, AS Texas. ' AMENDED, PASSED • +t�""rsb'c` EVELYN W. FLETCHER y AND APPROVED ON �� 7N AUGUST 19 1986, * Notary Public r GRANTING A SPECIAL ),,r\ STATE OF TEXAS ti EXCEPTION USE PER- MIT ON A TRACT OF '� ,ti LAND WHICH IS WITHIN AF1� MyComm. THE CITY OF SOUTH- Exp.Sep.30,1992 '' LAKE TEXAS AND • - . - _ . _ . . - - 1 UI APECLSE PER- 2)MODU LAR BUILDINGS TO BE /6 CURRENT ST USED FOR SSTDAE THEOO OUNTRYSIDE 'UNT NUMBER ON RECPT 3/24 NORTH WHITE CHAPEL BLVD. PRESERVING ALL OTHER PORTIONS SSIVEHZONING ORDI- IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPART • ASSIST ._ _i • u •• k I • : P• 1 k u • A •_ i • PS. :•. . SEVERABILIIT ERMIIDING 5 76199. CLAUSE THE PUBIN- 1 A�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR ING THA`f THE PUBLIC MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGE HEREIN ADVERTISI PENALTY OF NOT LESS rort THAN TWO DOLLARS Worth NOR MORE THAN TWO EXAS 76199 A REMIT TO: , P.O. BOA THOUSAND DOLLARS r FOR EACH OFFENSE 6299798 ACCOUNT CIT57 AND ESESHALLE BE DEEMED COMMITTED , NUMBER UPON EACH DAY DUR- INGOR ON WHICH AVIO LATION OCCURS; AND 1PROVIDING AN EFFEC PAGE OF TIVE DATE. City of Southlake l II Sa dra L.LeGrand CITY OF SOUTHLAKE ORIGINAL N) 667 N CARROLL c6 .15 SOUTHLAKE TX 76092 0ATTN : SANDRA L . LEGRAND 1PLEASEPAY HIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED