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480-031CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-31 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 0.677 ACRE TRACT OF LAND OUT OF THE J.N. GIBSON SURVEY, ABSTRACT NO. 591, TRACT 2C1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO INDUSTRIAL-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 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 Dublic 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 0.677 acre tract of land out of the J.N. Gibson Survey, Abstract No. 591, Tract 2C1, and more fully and completely described in Exhibit "A," attached hereto and ~ncorporated herein. From Agricultural District to Industrial-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 ih 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. PASSED AND APPROVED on the 1st reading the day ~- ' , , 1990. ~,~,,,,,,,,,,,,. /~ ~ .. ~ '..~ %~"-. ~/ ~ / ] ATTEST: % '... .... .~ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ..4'?.'?- ~ ....... · e ,' . % ....... ,,,- '"',, * * ',,'"' CITY SECRETARY day APPROVED AS TO FORM AND LEGALITY: of of CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- '"R 'lA 43 OI AC 9.B6 ~ TR 2C ~.4. 256 @ ~. 28 ,~C TR 6B3 9.5 AC briAR CREEK CO,',NUN I TY T~ PUD #1~.7 AC BEAR CREEK CO~,NUNITY TR tO 44.156 AC !,~c EGGERS '~-1 T~ ~1 ~GA T~ ~F HilT' 5ICK,AY I-1 TR 2fl 6.3 ~,C I-1 blORSE I- 1 A HART HART STREET DILES I-1 C13NTI'RE RT A L'--E~ ~;TLAKE E~'ON COUNTY .~RP.4~T COiJN-rY TROPHY CLUB PAlS COr. r.~,. YV/LLE: Metes and bounds description folly: BEGINNING at a 1/2-/r~n pin found at the northwest corner of the herein ,~,',,-n'b~ tract, pin also being ~e southwest corner of Lot 2 of Mm,,~y's Subd/v/s/on as recorded in Volume 388-9~, Page 10 of the Plat l~,-~o_nts of Tarrant County, Taxas, said pin also be/ng on the east right-of-way line of Brumlow Avenue (County Road No. 3041) (50' R_O.W.); 'I'H]ENCE lq 89"20'47' E with the south I/ne of.~a/d Lot 2, 200.00 feet to an "x'/n co~:rete at base of a fimee post, sa/d "x" also being the northwest comer of Lot 2, Block A of Hart Industrial P~k as r~cordexi in Volume 381~-217, Page 61 of the Plat R~cords of Tan-ant County, TH]EN~ South w/th the wc~t linc of sa/d Lot 2, Block A, 145.23 feet to a 1/'2'/~n p/n found, sa/d p/n being on the north linc of Lot 1, Block A of Hart l. nduztr/al Park; TI-]2ENCE S 89~20'47' W with thc north line of' sa/d Lot 1, Block A, 200.00 f,'~t to a 1;2' h'on pin found, sa/d pin being on the ea~t fight-of-way line of Br~,mlow Avenue (County Road No. 3041) (s0'R.O.W.); · i.i THIENCE North with ~aid east right-of-way line, 145.3.3 feet to the POINT OF BEGIlqNING and conta;n;ng 29,044 $q~e feet or 0.677 acre~ of land. Fort Worth Star-Telegram ***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 appeared KELLEY ALLARD 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 I IN DESCRIPTION AD SIZE TOTAL RATE AMOUNT _... INCH/LINE NOV 09 6617632 CL . 358 1X71 L 71 . 38 26 . 98 november 9 CITY OF _. _...... SOUTHLAKE,TEXAS ORDINANCE NO.480-31 AN ORDINANCE ,... _ .... ._... _.,.. AMENDING ORDI- NANCE NO. 480, THE COMPR EHENSIVE ZON- I NG 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 IB ACRE TRACT ' l W OF LAND OUT OF THE "-' J.N. RACT SURVEY, ABSTRACT No. RE S I G N E D TRACT 2C1,AND MORE ' ' Y AND COM- ELY DESCRIBED AND SWORN TO BEFORE ME , THIS THE 9th DAY 'OF-- , 1990 :HICUBLITURAL DIS NOTARY PUBIC _ /J ee4jx, TO INDUSTR IAL- _ 1 DISTRICT IN ACCOR- -�� EXHIBIT AT ACHED TARRANT COUNTY , TEXAS HERETO AND SUBJECT TO THE SPECIFIC RE- - QUIREMENTS CON- ..�� ^ "^� '- TAINED IN THIS ORDI- cr,h"•Y.P,•L�h 01 AFFIDAVIT NANCE; CORRECTING 'Z•' '•"�h S THE OFFICIAL ZONING 'yrfy AWN -kd�1lCan(�GII �.--.... -_..__.-._.. MAP; PRESERVING e�-..f ,� ALL OTHER PORTIONS DNS `/OMI:',r.': �� '(�`IRES OF THE ZONING ORDI- 4'• / L r NANCE;PROVIDING A ,;'," •...147, n•�I'''"1 !/. I9"I SEVERABILITY CLAUSE; DETERMIN- ,•A•or,+'z•=reryvy...t,y....so, ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL- - FARE DEMAND THE ✓ _. ZONING CHANGES AND TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -. AMENDMENTS HEREIN MADE; PRO- — NOTI TO EXCEED THE SUM OF TWO THOU- REMIT TO : 400 W .• SEVENTH , FW , TX 76102 SAND DOLLARS (42000.001 FOR VIOLA- TIONS OF THE ZONING �/V�/V ORDINANCE, PROVID- f XXXXXXXXXXXXXXXXXXXXXXX INGASAVINGSCLAUSE; Star-Telegram REMIT TO: P.0-. BOX X XX X• FORT WORTH, TEXAS 76197 FrARE DATE.AN EF- PAL AND APPROVED ACCOUNT C I T 5 7 AMOUNT 01 9 A this tli,oth day of November, NUMBER 1990,in second reading. DUE Gary Fickes Mayor of Southlake ATTEST: PAGE OF Sandra L.LeGrand City Secretary Approved as to form: Wayne K.Olson City Attorney CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL /PLEASE PAY 26 . 98 SOUTHLAKE TX 76092 0PI°THIS AMOUNT ;v-- "., ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED FortWorth Staablegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.`SEvENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared Kelley Allard 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 OCT 24 6608749 CL . 358 1X81 L 81 • 38 30 . 78 NOTICE OF october 24 PUBLIC HEARING NOTICE is hereby given to all interested persons that the City Council of the City of Southlake, --- ---- ----- ---- Texas,will be holding a public hearing during the City Council Meeting to be held on Novem- ber 6,1990,at 7:30 p.m.,In the City Council Chambers of City Hall. Purposeof the hearing is tocon- slder the second reading of the -- -- following ordinance: ate, CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-31AN ORD ._..._..-., ... AMENDING INORDIE- SIGNED NA CE 480, PREH NSIVEE kND SWORN TO BEFORE ME , T S HE 24th DAY OF i9 NING ORDINANCE THE CITY OF SOUTH- NOTARY P LIC �� r KE,TEXAS;GRANT- ems"'7— __,____ _- ING A ZONING CHANGE `N A CERTAIN TRACT TRACTS OF LAND THIN THE CITY OF TARRANT COUNTY, TEXAS -OUTHLAKE TEXAS ....... .... ._........._............... BEINGAPPR6XIMATE- LY A 0.677 ACRE OF LAND OUT OFRACT THE 01 AFFIDAVITS J.N. GIBSON SURVEY, ABSTRACT NO. 591, .,....._. ............._...-_._..... TRACT 2C1,AND MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT"A"FROM AGRICULTURAL DIS- TRICT TO INDUSTRIAL- ) DISTRICT IN ACCOR- DANCE WITH THE EXHIBIT ATTACHED -- HERETOANDSUBJECT — TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -- TO THE SPECIFIC RE- — QUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ONING MAP PRESERVING REMIT TO : 400 W • SEVENTH , FW, TX 76102 ALL OTHER PORTIONS OF THE ZONING ORDI- CNANCE;PROVIDING A t Star-Telegram X6. y 4 y X X*6 1. }(y_y 4I4 y}[ 76197 CLAUSE; D TY �B'CYX'970T34 -YQRTWQRT JOq$ CLAUSE; DETERMIN ING THAT THE PUBLIC M INTEREST, MORALS ,/;/"', AND GENERAL WEL ACCOUNT CIT57 AMOUNT 30 . 78 FARE DEMAND THE ;,/ / , NUMBER DUE ZONINGCHANGESAND ✓ AMENDMENTS HEREIN MADE; PRO- ✓' VIDING A PENALTY " PAGE 10F 1 NOT TO EXCEED THE M SUM OF TWO THOU- SAND DOLLARS ($2000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- • A SAVINGS JSE;AND PROVID- AN EFFECTIVE IE. :ity of Southlake iandra L.LeGrand tv Secretary (.l I Y OF SOUTHLAKE ORIGINAL F 667 N CARROLL PLEASE PAY 30 • 78 Ti . SOUTHLAKE TX 76092 0 THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED