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480-027CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-27 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 2.0 ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY ABSTRACT NO. 18, TRACT 4A16, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO B-1 BUSINESS SERVICE PARK 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 Agricultural 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 amcng 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 S0uthlake, 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 o~ Southlake, Texas, passed on the 19th day of S~ptember~ 1989, as originally adopted and amended, is hereby amended so that the permitte~ uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 2.0 acre tract of land out of the J.G. Allen Survey, Abstract No. 18, Tract 4A16, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to B-i Business Service Park 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. Ail 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 genera], 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. -3- 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. AND , 1990 ~",,,, APPROVED on the ist reading the ~-- ATTEST: PASSED AND APPROVED on , day of the 2nd reading the /~ day of : yOR ATTEST: ~ I ~I'Y SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- Fort Worth Starlblegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared D01.�' L-ATEA 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 RAC AMOUNT IN TOTAL .... SEP 07 6583956 CL . 358 1X81 L 81 . 38 30 . 78 september 7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- ._. EN to all Interested persons ....... _...-.._.-____.."_.._.._,.„._-_ _..... ___".. ".._._____....... that the City Council of the City of Southiake, Texas, will be holding a publichearing on Sea. during the R egu l a r City Council Meeting,to be held at City Hall, 667 North Carroll Avenue, South lake,Texas. ......- w,.— _ ,. ... Purpose of the hearing Is to l�”-. consider the second reading of .F,4'' the following ordinance: I,,.,. CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.48027 SIGNED C: e7.!—,2r_ '‘ENDINc iNORDIE- VD SWORN TO BEFORE ME, THIS THE TH - OF St F ml1 C' 1410.- NCE NO. 480 THE MPR MPREHENSIV�ZON- NOTARY PUBLIC IrvG ORDINANCE OF THE CITY OF SOUTH ,7 7Q-d-A44--‹) - LAKE,TEXAS;GRANT- ING A ZONING CHANGE p p♦ T n r ON A CERTAIN TRACT •, �.t..u,..�.,,; ....: . TARRAN.T.._C-OUNTY 1 ..T.EXAS... OR TRACTS OF LAND Pv" .. ... ..... '/' BONNIE Aa ADAMS WITHIN THE CITY OF •/ ,: NOTARY PUBLIC ...._.,.._..._....01. AFEL1?AVI'"S _. SOUTHLAKE, TEXAS f rl� +�f+ BEING APPROXIMATE- LYA2.OACRETRACTOF °� iq State pf.�ex�ls LAND OUT OF THE J.G. :4•, �7 AB- STRACT O SURVEY8 TRACT lr or�C Comm. EKp, 11'�•g 4A16,ANDMOREFULLY ,_.._..._..._...._-_-__.__-_-___"__..__"._., .."_"_- ...:.:...._.,__ ...,.."........ ........_..... AND COMPLETELY DE- . . - SCRIBED IN EXHIBIT"A" FROM AGRICUL- TURAL DISTRICT TO B-2 /Vj(/ 4 COMMERCIAL MANU- FACTURING N ACCORDANCE WITH 'TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----A THE EXHIBIT AT I — TACHED HERETO AND SUBJECT TO THE SPE- CIFIC REQUIREMENTS COINANCE;DCORRIEOCT- REMIT TO : 400 W • SEVENTH, FW , TX 76102 INGTHEOFFICIALZON- INGMAP;PRESERVINGALL • �A q��r �p OF THE HZONER PNG ORDI- NANCE, _�� 1��I1Pj X XX 7� Xri`iS°�tyk/C T,7T�VE { 76197 PROVIDINGA ar e egram SEVERABILITY CLAUSE, DETERMIN ACCOUNT AMOUNT ING THAT THE PUBLIC ? INTEREST, MORALS NUMBER -IT E, AND GENERAL WEL- 30 . 78 DUE FARE DEMAND THE �y�i' ZONING CHANGES AND """ AMENDMENTS '' - " "`- ' PAGE ,(JF 1 HEREIN MADE; PRO VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS (S2000.001 FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- INGASAVINGSCLAUSE; AND PROVIDINGANEF- FECTIVE DATE. 'City of Southlake a ecrearyrand F SOUTHLAKE ORIGINA 1 667 N CARROLL PLEASE PAY 30 . 78 SOUTHLAKE TX 76092 0 THIS AMOUNT ' ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED r 7rth Starib1egram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS _ _ unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appL'il el' DONALATTA 6iiI rig Lr,I_ci �_' iisL 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 I DESCRIPTION AD SIZE INCT TOTAL RATE AMOUNT SEP 21 6592527 CL . 358 1X71 L 71 . 60 42 . 60 september 23 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-27 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 THE COMPREHENSIVE ZON- ING ORDINANCE OF .,._.-____._.__._____ _ THE CITY OF SOUTH- LAKE, TEXAS;GRANT- ING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATE- LY A A RE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY AB- STRACT NO. 18, TRACT 16DCOMPLETELFYDE- AND SWORN TO BEFORE ME , THIS THELY D OF -...-_- RIBED IN EXHIBIT 4th. Septeiter, 1990. FROM ACT TOB-- NOTARY PUBLIC /� Acta_A--- DISTRiuRALOOSTRICTTOB-I /Q`�'� SERVICE BUSINESSICT IN ACCOR- DANCE WITH THE EX- HIBIT ATTACHED TARRANT COUNTY , TEXAS HERETOANDSUBJECT 1fr____�_ _ TQUO THE SPECIFIC RN- ',�"y�c'e' BONNIE A. ADAMS 01 AFFIDAVITS TO EMENTS CON- 0 ,-••- �'• TAINED IN THIS ORDI- 1 + 8 NANCE CORRECTING NOTARY PUBLIC ' THE OFFICIAL ZONING ` • State of Texas MAP' PRESERVING r��tpr Comm.Exp 11-06-93 ALL THEOTHERZONING PORTIONS t h� ' OF ORDI- w, NANCE;PROVIDING A SEVERABILITY I►4%-" CLAUSE DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS AND FARE DEENERAL MAND E D AND —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —i ZONING CHANGES AND _ AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE REMIT TO : 400 W . SEVENTH , FW , TX 76102 SUM OF TWO THOU- SAND DOLLARS h s ($2000.001 FOR VIOLA- OF AV C TIONS THE ZONING Star-Telegram ��MI I ,�. � x � 6,9� ORDINANCE.; PROVID- IN N SSCLAUSE; AND PROVIDINGAN EF- FECTIVE DATE. ACCOUNT C I T 5 7 AMOUNT 42 . 60 Passed and approved In second NUMBER DUE reading thls the 18th day of Sep tember,1990. - Gary Flckes 1 Mayor of Southlake PAGE at ATTEST: Sandra L.LeGrand City Secretary Approved as to form: Wayne K.Olson City Attorney CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY 42 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED