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480-012CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-12 AN ORDINANCE AMENDING ORDINANCE NO. 480, 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 1.33 ACRE TRACT OF LAND OUT OF THE THOMAS EASTER SURVEY, ABSTRACT NO. 458, TRACTS 2C AND 2D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO COMMERCIAL-1 ZONING DISTRICTS 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 DOLLARS ($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. 480, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, 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. ao That the allowed use of a certain tract or tracts of land being approximately a 1.33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458, Tracts 2C and 2D, and more fully and completely described in exhibit "A" from Agriculture uses to Commercial-1 zoning districts 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 {J X~ ~(~'¥ , 1990. \7;/~/~ ~ PASS~D/ AND, 1990APPROVED. on the ....... ...<7.%. .... ..: .,' Sandra 'r.. LoGrand, City Secretary 1st reading the /~ day of 2nd reading the ~ day of City of Southlake APPROVED AS TO FORM: City Attorney City of Southlake -4- Fort Worth Star-Telegram . 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 -"E STATE OF TEXAS unty of Tarrant Before me , a Notary .public i_3r . and for said County and State , this day personally appeared AREN 1AYAv2 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 DESCRIPTION AD SIZE TOTAL RATE AMOUNT JAN 25 6453100 (L . 358 1X82 L 82 . 38 30 . 78 january 25 NOTICEOFPUBLIC I COMMERCIAL -1 upon conviction HEARING ZONINGDISTRICTS thereof shall be fined NOTICE IS HERE- USES IN ACCOR- in a sum nottoexceed BY GIVEN to all in- DANCE WITH THE Two Thousand Dol- terested persons that EXHIBIT AT- tars ($2000.00) and a 'the City Council of the TACHED HERETO, separateoffenseshall City of Southlake, WITH THE SPECIF- be deemed commit- 'Texas,will be holding IC REQUIRE- ted upon each day a public hearing on., MENTS CON- during or on which a February 6, 1990 at TAINED IN THIS violation occurs or _ . � 7:30 p.m. in the city ORDINANCE, COR- continues. . �'" ' "� I 1 B S council chambers of R ECTI NG THE OF- City of Southlake 3 0 ... D A V OF - ) 1 ct 9 0 city hall, 667 North F I C I AL ZONING Sandra L. LeGrand Y P U B L I C Carroll Avenue, MAP; PRESERV- Southlake,Texas. ING ALL OTHER City Secretary PORTIONS OF THE TARRANT COUNTY , TEXAS Purpose of the hear- ZONING OR D ing is to consider the NANCE; PROVID- 00 AFFIDAVITS following ordinance ING A SEVERABIL- -T�3 3)2 N. ............. . in second reading: ITY CLAUSE; r,-- '' ;, SUE A. RUSSELL ORDIANCE NO.480- DETER M I N I N G 1y '",'�' •s COMMISSION EXPIRES 12 THAT THE PUBLIC `b •�\:+e OCT08ER 27, 1993 INTEREST, MOR �'�`. F.`�f AN ORDINACE ALS AND GENER- NANCE C ORDI- NANCE -1N AL WELFARE DE AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -----A,N NO. 4 480, MAND THE -- THE ZONINGORDI- ZONING CHANGES NANCE OF THE Cl- AND AMEND• REMIT TO : 400 W . SEVENTH, FW , TX 76102 F1TY OF SOUTH- MENTS HEREIN LAKE, GRANTING TEXAS, MADE; PROVID ort A ZON ING CHANGE ON A ING A PENALTY ram REMIT TO: �' ? ' > Ix �Sl v c 4 l,Xl s'hs,s7 NOT TO EXCEED 64 CERTAIN TRACT THE SUM OF TWO ACCOUNT CIT57 AMOUNT 30 . 78 OR TRACTS OF THOUSAND DOL NUMBER DUE LAND WITHIN THE LARS ($2000.00) � CITY OF SOUTH- AND A SEPERATE F 1 LAKE, TEXAS OFFENSE SHALL BEING APPROXI- BE DEEMED COM- MATELY A 1.33 MITTED UPON ACRE TRACT OF EACH DAY DUR- LAND OUT OF THE ING OR ON WHICH THOMAS EASTER A VIOLATION OC- SURVEY, AB- CURS, AND PRO- STRACT NO. 458, VIDINGANEFFEC ORIGINA TRACTS 2C AND 2D, TI VE DATE. PLEASE PAY n 30 . 78 ,.h AND MORE FULLY 76092 0 THIS AMOUNT AND COMPLETE- Section 7.Any person LY DESCRIBED IN violating any of the EXHIBIT "A" provisions of this or- FROM AGRICUL- dinance shall be PLEASE WRITE IN AMOUNT ENCLOSED TURAL ZONING deemed guilty of a IISTRIrT11cGc Tr% .a................ .._,.1 fort Worth Star-Telegram 400 W SEVENTH STREET•FORT WORTH,TEXAS 76102 TLIE STATE OF TEXAS Junty of Tarrant Before me , a Notary ublin and for said County and State, this day personally appeared XAc_. REA/ //3yl-OdQ 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 DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE FEB 09 6462286 CL • 358 1X75 L 75 • 38 28 . 50 february 9 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-12 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, THE ZONING ORDINANCE ._...._..._"_.,".....,. .. _.....,._...... OF THE CITY OFSOUTH- AS,GRANT- IN ' GA ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND ""' WITHIN THE CITY OF SOUTHLAKE, TEXAS BEINGAPPROXIMATE- LY ..... OF LAND OUT OF THE ��M'c`e O COM THOMAS EASTER SUR- VEY,ABSTRACT , TRACTS2CAND]D,ANAND SIGNED JBSCRIBED AND PLE TELY DE ORE ME , THIS THE ► `L DAY d SCRIBED IN EXHIBIT `D DAY {H�OF ,,ff'',7 / _,__..,.._.,._.._.... „A" FROM AGRICUL-TOCOM- MERCIAL-1 �-fy/'� L:-.-'%iK�� TURAL ZONING DIS- NOTARY PUBLIC I v TR ICT USES TO COM- MERCIAL-1 ZONING DISTRICT USES IN AC- - ---------- CORDANCE WITH THE TARRANT COUNTY, TEXAS I EXHIBIT ATTACHED f HERETOt WITH THE I SPECIFIC REQUIRE- _,.,...,_.._........_- THISOMENTRDIINANCE COR-CONTAINED IN 01 AFFIDAVITS RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL -_.___....._.,.__, OTHER PORTIONS OF THE ZONING ORDI- 1 NSEVERABLOITY ING A CLAUSE; DETERMIN- ING THAT THE PUBLIC TEA INTEREST, MORALS AND GENERAL WEL- ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �A. FARE DEMAND THE - ZONINGCHANGESAND AMENDMENTS HEREIN MADE; PRO- VIDING TO EXCEED THE HE REMIT TO : 400 W • SEVENTH, FW, TX 76102 SUM Port Worth ` SAND OF TWO DOLLARS \ (5200EO AND A SERA- , � � T � T,, Xr,,, RATE OFFENSE SHALL grain F Ji J{11711,T411J`Jl;+ 76197 BE DEEMED COMMIT lif- TED UPON EACH DAY DURING OR ON WHICH ACCOUNT AMOUNT 6462286 A VIOLATION OCCURS AND PROVIDING A1� NUMBER CIT57 bUE 28 . 50 EFFECTIVE DATE. PASSED AND APPROVED IN ON THE 6th0ND DAY OFDING FEBRU- 10F I ARY 1990 GARS'FICKES MAYOR OF SOUTHLAKE ATTEST: SANDRA L.LEGRAND CITY SECRETARY APPROVED AS TO FORM: ECITY ATTORNEYOR CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY SOUTHLAKE TX 76092 0 THIS AMOUNT 28 • 50 ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED