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0334-033 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-33 AN ORDINANCE AMENDING ORDINANCE NO. ZONING ORDINANCE OF THE CITY OF THE ,,ZOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE O pr CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIM LY 11.76 ACRE TRACT OF LAND OUT OF THE JESSE G. ALLEN SURVEY, ABSTRACT 18 COMMONLY KNOWN A TIFFANY ACRES AND MORE FULLY AND COMPLETELY SCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ONING DISTRICT TO INDUSTRIAL 2 ZONING ISTRICT. USES IN ACCORDANCE WITH E HIBIT ATTACHED HERETO, WITH THE SPECIFIC R QUIREMENTS CONTAINED IN THIS ORDINANCE, C R CTING THE OFFICIAL ZONING MAP; PRESERVING OTHER PORTIONS OF THE ZONING ORDINANCE, j PROVIDING A SEVERABILITY CLAUSE; DETERMI G THAT THE PUBLIC INTEREST, MORALS AND GE AL WELFARE DEMAND THE ZONING CHANGES D DMENTS HEREIN MADE; PROVIDING A PENALTY T EXCEED THE SUM OF TWO THOUSAND ($2,000.0 ND A SEPARATE OFFENSE SHALL BE DEEMED C rTTED UPON EACH DAY DURING OR ON WHICH A OLATION 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 Sta,~e Statutes and the Zoning Ordinance of the City of Southlake, Texts, and all the legal requirements, conditions and prerequisites ,f ave been complied with, the case having come before the City Cou cil 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 11.76 acre tract of land out of the Jesse G. Allen Survey, Abstract 18 commonly known as Tiffany Acres and more fully and completely described in exhibit "A" from Agricultural Zoning District to Industrial 2 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 ($2,000.00) 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. P SSED AND APPROVED on the 1st reading the l day of 1988. PASSED AND APPROVED on the 2 d read'. the f 1988. Joh y H ester 1 Mayor Cit of outhlake i ATTEST: ii _ I ndra L. Le-Grand, City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney -4- THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer 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: May 2 5 , 1988 NOTICE OF.• BLIC HE• ; NOTICE i s to it IT oam & pm Council of ke,T ,wn t, pus hearing on J at the regular City Council Meeting to Ci In Council Chambers'of City Hall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearings are to consider the second reading on the following ordinances: ORDINANCE NO.33433 Signed (i, AN ORDINANCE AMEND- ING ORDINANCE NO. 334 THE ZONING ORDINANCE= Subscribed and sworn to before me, this the 21 LLAKE OF HTEE XASGRAITY OFNTIINGA 988 ZONI I'G CHAIJGE ON ACER- fl wo■o■prp TA I N TRACT OR TRACTS OF ,(( LAND WITHIN THE CITY OF DEBRA MORRIS NOa2}� Pub11C /� s BEING APPROXIMATELY NotaryPIjlly1176ACRETRACTOFLAND Texas. OUT OF THE JESSE G.AL- �a STATE OF 1E / LEN SURVEY ABSTRACT 18 ‘• r�+s'J✓PP 4d` } COMMONLYICNOWNASTIF- Y FLLY ANDFANY ACRES ANPLETELY D MORE Witt, My Comm'Exp,OCt.23,1991 ' DESCRIBEDCIIN EXHIBIT "A"FROMAGRICULTURAL ZONING DISTRICT TO IN- DUSTRIAL 2 ZONING DIS- TRICT. USES IN ACCOR- DANCE WITH THE EXHIBIT ATTACHED HERETO;WITH THE SPECIFIC REQUIRE- MENTSCONTAINED INTHIS ORDINANCE CORRECTING THE OFFICIAL ZONING MAP• PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;PRO- VIDING A SEVERABILITY CLAUSE•' DETERMINING THAT THE PUBLIC INTER- ALT`NMELRFARENDEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVID- I NG A PENALTY NOTTOEX- CEED THE SUM OF TWO THOUSAND DOLLARS (52 000.00)ANDASEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE. CITY OF SOUTHLAKE /s/Sandra L.LeGrand City Secretary II. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE I DESCRIPTION I AD SIZE I TOTAL IN CH/LINE RATE AMOUNT`, MAY 25 6141069 May 25 AM & PM CL . 008 1X67 L 67 • 35 23 . 45 Ili 01 AFFIDAVITS NOTICE OF PUBLIC HEARING NOTICE Is hereby given to all Interested persons that the City Council l of will hbe holding aof tpubl is hearing on June7,1988,at gthe rogubee naa F7:30 p.m.,in the Chambers of City Hall, 667 North Carroll Avenue, Souhlake,Texas. Purtpose of the hearings are to consider the second reading on ihe ORD IN NCEordINO.�334-33 AN ORDINANCE AMEND- ING ORDINANCE NO. 334 THE ZONING ORDINANCE ******************,OF THE CITY OF TOIN SOUTH- A * ZONING CHANGEONACER-TAIN * TRLAND WITHICTNTHE CITY R TRACTS OF * * RECONCILE ALL F I SOUTHLAKE, TEXAS * MONTHLY STA 11.76 AC EEINGPTPRCTOFLANXIMATELD OUT OF THE JESSE G.AL- * CALL 390-7501 WI LENSURVEY. ABSTRACT18 1 COMMONLY ICNOWNASTIF- * FANY ACRES AND MORE DESCRIBEDCIIN EXHIBIT **** ****************** "A"FROMAGRICULTURAL ZONING DISTRICT TO IN- DUSTRIAL ZONING TTIC . SESI CCOR ACCOR- DANCE ATTACHED HERETO;EXHIBIT ' THE SPECIFI UIRE- MENT CONTAINEDfINTH S THEOR I OFFICIAL ZONING MAP PRESERVING ALL OTHER PORTIONS OF THE + ZONING ORDINANCE;PRO- VIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTER- ESa, ALT�IIMOLS E LFARENDDEMAENND Tr �} THE ZONING CHANGES CII ", " AND AMENDMENTS HERNGAPENN ALTDYNOT OEX- OF THOU A0/\)i.P11 CEED NDSU M DOLLARS ($2000.00)ANDASEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON RING CURRENT OR ON WHICH A VIOACH DAY LATION CURRENT STATEMENT PERIOD ACCOUNT NUMBER OCCURS AND PROVIDING AN EFFECTIVE DATE. CITY OF SOUTHLAKE ON RECPT I /s/Sandra L.LeGrand 5/25 - 5/25 CIT57 City Secretary IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. ,,--- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ---,f, ADVERTISING STATEMENT FortWorth REMIT TO P O BOX 99074 • FORT WORTH TEXAS 7619 6141069 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 1OF 4 CITY OF SOUTHLAKE ORIGINAL le- 667 N CARROLL PLEASE PAY 116 23 . 45 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED