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0334-067 THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-67 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 THE OPERATION OF A DAY CARE CENTER WITHIN THE WHITE CHAPEL UNITED METHODIST CHURCH, BLOCK A, LOT 1, WHITE CHAPEL METHODIST CHURCH ADDITION; 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 ($2,000.00) 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 operation of a day care center within the church's facilities, Block A, Lot 1, White Chapel Methodist Church Addition. Section 2. That this Special Exception Use Permit shall allow the operation of a day care center 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: must comply with all requirements set forth in the state, county and city codes, in regards to day care centers. 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 CITY COUNCIL OF T.' CITY OF SOUTHLAKE, TEXAS, this the , day of 1989. PASSED AND APPROVED ON SECOND AND FINAL READING BY THE CITY CO' CIL OF THE CITY OF SOUTHLAKE, TEXAS, this the > day of i 1989. ~l ry Ficke , Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: ~Jl obv')'~ City Attorney City of Southlake EXHIBIT A ZA 89-35 is a request by the Whites Chapel United Methodist Church for a Specail Exception Use allowing the operation of a day care center within the church's facilities. The location of the church is 185 S. White Chapel Blvd., being legally described as Block A, Lot 1, White Chapel Methodist Church Addition. THE STATE OF TEXAS CIT57 TAL /LINE RATE I AMOUNT COUNTY OFTARRANT 'b • 60 42 . 60 Before me,a Notary Public in and for said County and State,this day 01 AFFIDAVITS personally appeared Rnsa1 i P. Ri vPra 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 THE CITY OF named paper on the following dates: SOUTHLAKE,ORDINANCE TEXAS 39AS1 AN ORDINANCE 6387901 9/09/89 AMENDING ORDI- NANCE NO. 334 THE COMPREHENSIVE ZON- CL358 ING ORDINANCE OF THE CITY OF SOUTH- LAKE, TEXAS, AS AMENDED, PASSED AND APPROVED ON AUGUST 19, 1986, GRANTING A SPECIAL EXCEPTION USE PER- MIT ON A TRACT OF LAND WHICH I WITHIN THE CITY OF SOUTH- LAKE, TEXAS, AND MORE FULLY DE- — Signed PROIB V NGHARSPECEIN; IAP EXCEPTION USE PER- MIT FOR THE OPERA- ,,r,Subscribed and sworn to before me,this the TION OF A DAY CARE 89 CENTER WITHIN THE WHEDITE CPEL UNIT- METHODIST / E�__ Notary Publi CHURCH,BLOCK A,LOT 1, WHITE CHAPEL AMETHODIST CHURCH DDITION; PRESERV- ING ALL OTHER POR- TIONSOFTHECOMPRE- _ETCHER I?- E ZONING ORDINANCE, PROVID- J ING A SEVERABILITY bk.,. CLAUSE; DETERMIN- ING THAT THE PUBLIC • XAv �{ �� INTEREST, MORALS �7 \�ij AND GENERAL WEL 30 1 2 11 �, li FARE DEMAND THE '"'••- ZONING CHANGE AND LII:n.C944) HEREINAMENDMENT MADE; PROVIDING • " p PENALTY OF NOT LESS THAN TWO DOLLAR NOR MORE THAN TWO THOUSANDLARS S2 000 00) FOR LEACH OFFENSE AND A SEPA- BET DEEMED COMMIT- TEDE OFFENSE S UPON EACH DAY DURINGORONWHICHA CURRENT rr//$ VIOLATION OCCURS; ANDPROVIDINGANEF- CURRENT STATEMENT PERIOD (ACCOUNT NUMBER Litt-A: ON RECPT FECTIVE DATE. - 1 " PASSEDANDAPPROVED IN SECOND READING THIS THE 5th DAY OF SEPTEM- - IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, P BER 1989. STOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST APPROVED: _ • u P•• T •• • P Mayor Gary Fickes PAYMENTS TO P.O. BOX 970734 FORT WORTH, TEXAS 76197. IATTEST: A--TEAR ALONG THIS PERFORATIONcat secre Secretary JER PORTION WITH YOUR PAYMENT Approved as to form: E.Allen Taylor City Attorney ADVERTISING STATEMENT orçrth tar- e e ram REMIT TO P.O. BOX 970734 • FORT WORTH, TEXAS 76197 1, 7 ON RECF'-I ACCOUNT PAYMENT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL 4e •6U SOUTHLAKE TX 76092 0 PLEASE PAY ATTN : SANDRA LEGRAND THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FE DATE I DESCRIPTION THE STATE OF TEXAS CIT57 AUG 23 6378920 august 23 COUNTY OFTARRANT Before me,a Notary Public in and for said County and State,this day personally appeared Rasa 1 i p. Ri vpra 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 given to all 8/23/89 6378920 interested persons that the City Council of the Cityof Southlake, CL358 heating during nl be Cit ng Council meeting to be held on Septem- ber S, 1989 beginning at 7:30 *************** SouthTexas.rrpll Avenue, lake, * Purposeof the hearing istocon- * RECONCILE AL Sider thefollowingordtnance In second reading: * MONTHLY THE CITY OF * -, SOUTHLAKE,TEXAS CALL 390- r501 ORDINANCE NO.334-67 * Signed AN AMEND- ING ORDINANCEJN NO. 334 THE COMPREHENSIVE *************** ZONING ORDINANCE OF Subscribed and Sworn to before me,this the 2 THE CITY OF SOUTHLAKE, PASSED AS ANDAAPPROVEDD '19 R9 ON AUGUST 19,1986 GRANT- �" Notary Publici„ USEAPERMITLON AETTION RACT r OF LAND WHICH IS WITHIN TH • TEXAS,AND CITY OFMORE FULLSOUTHLAKY DESCRIBED HEREIN; AP- PROVING A SPECIAL EX- 'CEPTION USE PERMIT FOR THE OPERATION OFADAY _ _ . - CARECENTERWITHINTHE C WHITE CHAPEL UNITED B H ETHODISI0T T CIHURCH CiHER • CLOCKLAPE METHODIISET- IIII, CHURCH ADDITION,SERVING ALL OTHER POR- TIONS OF THE COMPRE30,1 HENSIVE ZONING ORDINANCE,PROVIDINGA '• SEVERABILITY CLAUSE; �R� . DETERMINING THAT THE PUBLIC INTEREST, MOR- I \ ALS AND GENERAL WEL- FARE DEMAND THE ZON- CURRENT J1!� i CURRENT STATE ING CHANGE AND �t.� ILL( AMENDMENT HEREIN NUMBER MADE;PROVIDING A PEN- ON RECPT 'r: 8/23 ALTY OF NOT LESS THAN C ,. THANTWOTHOUSANDDOL- 7 t LARS IS2,000.00I FOR EACH IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT OFFENSE ANo A SEPA SIST RATE OFFENSE SHALL BE. DEEMED COMMITTED US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS, PLEASE MAIL ALL PAYMENTS TO P.O. BOX 97073 UPON EACH DAY DURING 11ATION 97 • A�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAY OCCURS;HAND ICH A PROVIDING' DEAN EFFECTIVE DATE. City of Southlake Sandra L.LeGrand . City Secretary ADVERTISING STATEMENT Port Worth Star-Telegram REMIT TO: P.O. BOX 970734 • FORT WORTH, TEXAS 76197 6 789 CIT57ON RECPT 3 2 0 ACCOUNT PAYMENT E C NUMBER DUE DATE I PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL 25. 84 SOUTHLAKE TX 76092 0 1PLEASEPAY HIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED