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480-014CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-14 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE COMPREHENSIVE 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 2.07 ACRE TRACT OF LAND OUT OF THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, BEING LEGALLY DESCRIBED AS THE NORTHERN PORTION OF BLOCK 1, LOT 25, WOODLAND HEIGHTS ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM OFFICE-1 DISTRICT TO COMMERCIAL-1 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO 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) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Office-1 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; 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; effect on the over-crowding of the land; effect on the concentration of population; and effect on 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, and 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, and 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, and facilitates the adequate provision 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: -2- Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 2.07 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, being legally described as the northern portion of Block 1, Lot 25, Woodland Heights Addition and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Office-1 District to Commercial-1 District. Section 2. That the City Manager is hereby directed to correct the Official Zoning Map 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. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. 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 prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing 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 5. That 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. That 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 to exceed Two Thousand Dollars ($2000.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ~jASSED AND APPROVED on the 1st reading the % day of , 1990. 7~PAS~D ~,~D ~,~OWD on t,~e 2n<, reading t,,e ~7 day of /~JL~ , ~990. %."..... ~.T3~. Sandra T.. 'r.eGrand, City Secretary ~,C~ry Fickes,/Mayor 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 IE STATE OF TEXAS _ runty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared ]lcr) c L -Gc:4a_ 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 f o l l o w i n g peoua;/ pa'gs"as„y L Aey Ie}seoD'awoy eigiow L-E'SDP Ll'OEL}o}}oPAo9}0'N•alPSJOA '6LIE-£6S(PIL)'a{ou AJJed JauMO 'MOu algelleny 'JeIQM pue sseJ6 pooh AeMunJ{}OOSL sJa6U -4 1 OM{ 'awoy AJo{S -L VOA Ingyneaq Mau AI. aN. TOTAL DATE DESCRIPT 'oIIH Beau saiDe yp ales god AD SIZE INCH/LINE RATE AMOUNT 991 S-l£L-L IS')IDayp—" {Ipan ON •JeuMo Aq 6upueu APR 04 6493102 CL • 358 -anori pSAla>♦i ioP caaa 1X76 L 76 • 38 28 . 88 uovapueS jean ola Ia0 {O d N r l i {saMyoueJ Sexal}saMaJ�e00E LEPL-099/VIE:ana'S187 -LLS/L18 o,J{aW :APO '009'S93 ipaonped 'sal}luawe ay} Ile/M awoy{}OS 00PE PapnpaS le}seoo 'spuod L papooM ''DP Ot Inil{neaq A{unoD asIM :uc ECsP-SLL'6au0061SN{Jedleyue ',no'cI'V•S'aDlu eJ{xe'09XZ 6911-£8L-Lie's I IaM clog'awo allgoW OLX9l aolu Anq Hit OSL9-L79-Flrlwdow Mol awn -se 'L-L ' 0Lx91 Jeu6lsap a011 �J -AJIXu,5=ff cpo N E D A UBSCRIBED AND SWORN 1 OESL-Ytroyse000pq -HIS THE DAY OF 4,,bzz /ci,g illas {snW 'apIMalgno0 L-, OESL-trov'Pea yse: , liN^-�'�rli i OOOEs i}}al sawoy S Aluo A.un} -S!'."..N'r �,�(.4.4,- e SUE A. RUSSEL`, ' 4COMMISSIONEXPIRES ARRANT COUNTY , TEXAS '' '. "1:.+�= OCTOBER 27, 1993 �` skC.;I- AFFIDAVITS (LAG' cJ kc---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -� REMIT TO : 400 W . SEVENTH , FW, TX 76102 FortWorth Star-Telegram PET TO: t' )00(MOM19003PPX XvfP1)1i(RM X6197 ACCOUNT AMOUNT 6493102 NUMBER CIT57 DUE 28 . 88 PAGE CC 1 CITY OF SOUTHLAKE ORIGIN 667 N CARROLL PTHIS AMOUNT `` 28 . 88 NI SOUTHLAKE TX 76092 0 ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram . 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS ,aunty of Tarrant Before me , a Notaryublic in_a_nd for said County and State , this day personally appeared ►91Q YU /,9yL0k— 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 INCH/LINE RATE AMOUNT MAR 14 6479475 CL • 358 1X95 L 95 . 38 36 . 10 march 14 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing during --the Regular Chi/Council meet- ing tube heldon March 27,1990, at 7:30 p.m.in the City Council Chambers of City Hall, 667 North Carroll Avenue, South- lake,Texas. Purpose of the hearing is to consider the following ordi- nance In second reading: CITY OF ^n,,,,- ORDINANCE NO.48C1E SIGNEID ��ry / c� • SOUTHLAKE,TEXAS JBSCRIBED 6e..-,..6-—(_.-3-itt - 1NG ORDINANCE OF BEFORE ME , THIS THE �S DAY F st AMENDINGDI NO THE RDI NANCE COMPREHENSIVE NOTARY PUBLIC ' THE CITY OF SOUTH- - NGA'ZONNGc GRANT- ING TARRANT COJNTY, TEXAS ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS O1 ; AFFIDAVITS BEING APPROXIMATE- LY A 2.07 ACRE TRACT ..!t OF SUE A. RUSSELI JOHN NA.D OFREEUT MAN SURVEY, ABSTRACT t*.r1,1 COMMISSION EXPIES NO.529 BEINGLEGAL-* LY DESCRIBED AS THE d OCTOBER21, 193NORTHERN PORTIONoi Il/ OF BLOCK 1, LOT 25 WOODLAND HEIGHTS` " ADDITION, AND MORE FULLY AND COM- 'ERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —. PLETELY DESCRIBED — IN EXHIBIT"A" FROM OFFICE-1 DISTRICT TO COMMERCIAL-1 DIS- TRICT ACCORDANCE WITH EXHIBIT H THE EXHIBIT AT- REMIT TO : 400 W • SEVENTH, FW, TX 76102 WIT TACHED HERETO AND SUBJECT TO THE SPE- in \ C FIC REQUIREMENTS c r T PortWo� DINANCE IN CORRECT- ING ET- ���� �� ��I, (t: Pi' Q�Q JOCK* Q T I �(T �(f��(76197 DIBIr Q ^^�`�` � "�� " "`�" """ THEOFFICIALZON- INGMAP;PRESERVINGAL ACCOUNT AMOUNT 6479475 OFL THE HZON NER OG ORDI- NUMBER CIT57 DUE 36 . 10 NANCE;PROVIDING A SEVERABILITY CLAUSE; DETERMIN- ING THAT THE PUBLIC PAGE 1F I INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS (S2000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- INGASAVINGSCLAUSE; ANDPROVIDINGANEF- C I T FECTIVE DATE. E O R I G I N A PLEASE PA 667 Section7.Thatanypersonvi- 36 • 10Y plating any of the provisions of THIS AMOUNT SOU this 3rdinance shall be deemed TX 76092 0 guilty of a misdemeanor and upon conviction thereof shall be L E G R A N D fined in a sum not toexceed Two Thousand Dollars 152000.00).A separate offense shall be deemed committed each day during or on which a violation PLEASE WRITE IN AMOUNT ENCLOSED__ occurs or continues. City of Southlake