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480-034CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-34 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 54.615 ACRE TRACT OF LAND OUT OF THE R.J. PADEN SURVEY, ABSTRACT NO. 1255, TRACTS 3, 3E, 3F, AND 3Fl, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO S-P-1 COMMUNITY SERVICE ZONING 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 among other things the character of the districts and thcir 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 Czty 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 ]9th day cf 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 54.615 acre tract of land out of the R.J. Paden Survey, Abstract No. 1255, Tracts 3, 3E, 3F, and 3Fl, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural Zoning District to S-P-1 Community Service Zoning 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 a~d 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. P~ASSED AND APPROVED on the 1st reading the ,~? day of ,? %"L.- .......... ..~ % %5Z [/~ :~ ATTEST: ~'... t~ ..." ~ ,,~ . "'~',.,..,,~ CITY SECRETARY' 2nd reading the / day of PASSED AND APPROVED on the 7';t~c~L~ , 1990. ? APPROVED AS TO FORM AND'~LEGALITY: ATTEST: CITY SECRETARY CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- 1U/16/9O Il 4! '~l 2!4 $~D 8297 ~YRES A$SCC ~001 OWNER'S CERTIFICATE WHEREAS, Carroll Independent School District acting through the undersigned, its duly authorized a§ent; is the sole owner of a tract of land situated in the R.J. ?aden Survey, A-1255, Tarrant County, Texas and being a portion of a tract as recorded on Page 557 of Volume 4153 in the Tarrant County Deed Records and being the same tract as recorded on Page 137 of Volume 7244 in the Tarrant County Deed Records and the same tract as recorded on Page 139 of Volume 7244 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING in Paytonville Road and being in the South line of F.M. Highway No. 1709 and also being South O0 deg. 43 min. 50 sec. West a distance of 77.47 feet from the Northwest corner of said R.J. Paden Survey; THENCE North 88 deg. 47 min. 35 sec. East along the South line of said F.M. Highway 1709 a distance of 17.51 feet to an iron rod at the beginning of a curve to the right having a radius of 2799.79 feet whose center bears South 01 deg. 12 min. 25 sec. East a distance of 2799.79 feet; THENCE Northeasterly along said curve and along the South line of said F.M. Highway No. 1709 and through a central angle of O0 deg. 47 min. 20 sec. a distance of 38.56 feet to an iron rod; THENCE North 89 deg. 34 min. 56 sec. East along the South line of said F.M. Highway 1709 a distance of 1264.16 feet to an iron rod; THENCE South O0 deg. 05 min. 35 sec. West, a distance of 490.09 feet an iron rod at the Northeast corner of said tract as recorded on Page 137 of Volume 7244 in the Tarrant County Deed Records, a total distance of 607.47 feet to an iron rod; THENCE South O0 deg. 47 min. 05 sec. West at a distance of 539.35 feet to an iron rod at the Northeast corner of said tract as recorded on Page 139 of Volume 7244 in the Tarrant County Deed Records, a total distance of 762.15 feet to an iron rod; THENCE South O0 deg. 17 min. O0 sec. East a distance of 434.32 feet to an iron rod; THENCE North 89 deg. 38 min. O0 sec. West, at a distance of 1308.5 feet to an iron rod in the East line of said Paytonville Road, a total distance of 1326.0 feet and being in said Paytonvllle Road; THENCE North O0 deg. 17 min. O0 sec. West along said Paytonville Road a distance o~ 434.32 Feet; THENCE North O0 deg. 43 min. 50 sec. East along said Paytonville Road a distance of 1351.42 feet to the place of beginning, containing 54.615 acres or 2,379,030 square feet with approximately 0.717 acres or 31,252 square feet being occupied by said Paytonville Road, leaving a net acreage of 53.898 acres or 2,347,778 square feet of land. 'rn mc L.~l ! T~'"' ).'~ AG s.o *c DAiRS "GREENWOOD TR ~C~, AG $.o AC TRACT t AG KIRBY AG q CARROLL ISD AG PROPOSED CS CARI~I~ I813 AG PROPOSED CS 20.0 Ar. CARROLL 1SD /) AG PROPOSED CS ~ / / )INSON MARTI -SON STONE AG AG Fort Worth Star-'lblegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W SEVENTH.,4 EET•FORT WORTH,TEXAS 76102 -.1E STATE OF TEXAS )unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KE [EY 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-INCNII iNE RATE AMOUNT NOV 251' 6624670 CL . 358 1X83 L 83 . 60 49 . 80 november 25 NOTICE OF ____ PUBLIC HEARING NOTICE IS HEREBY given to all Interestedpartlesthatthe .._ .. _,..-_.__. .,._-.__....,_.. City Council of the Clty of South lake Texas,will be holding a public hearing on December 4, 1990 at 7:30 p.m., during the Regular Clty Council Meeting to be held In the CIty Council Chambers of Clty Hall, ea/ Southlake,Texasenue, Pur poseofthehearIngglstocon- sealingordinance in ecand ed 9 CITY OF SOUTHLAKE TEXAS SIGNED / ,,34 ORDINANCE NO.4W. ORDINANCE AND SWORN TO BEFORE ME , T IS THE 6th DAY #F N0�7IIUER- 1990 ENDING ORDI- NCE NO. 480 THE NOTARY UBLIC �( /y �yI ING ORDIINANCEZOF % v THE CITY OF SOUTH- , NGA'ZoNcc GRANT- ING TARRANT COUNTY , TEXAS ON A CERTAIN TRACT OR TRACTS OF LAND �� WITHIN THE CITY OF SOUTHLAKE TEXAS ��II 0 01 AFFIDAVITS LLYIA54615ACREITRAC DAWN K,MCDONOUGN d OF LAND OUT OF THE v� N GDMI�ISSI(1`I EXPIRES '' ABSTRACT SURVEY, / TRACTS 3 3E 3F ANd 1' AUGUST 11. I99� 3F1 AND MORE FULLY ;: 'h, f �i AND COMPLETELY DE- Ct....... 4,I SCRIBED IN EXHIBIT q" FROM AGRICUL- -- TURAL ZONING DIS- 21CT TO COMMUNITY _TEAR LONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT RVICE ZONING DIS- �► LILT IN ACCORDANCE — WITH THE EXHIBIT AT- TACHED HERETO AND SUBJECT MEN S REMIT TO : 400 W . SEVENTH , FW, TX 76102 CIFIC RE9UIREMENTS CONTAINED NTAINEEDCOR IEET- Fi, INGTHEOFFICIALZON- 0 INGMAP'PRESERVING Star-Telegram _, � # � �6197 ALL OTIfER PORTIONS OF THE ZONING ORDI- NANCE;PROVIDING A - - SEVERABILITY ACCOUNT C I T 5 7 AMOUNT 49 . 80 ING THAT TTHE PUMIN- BLIC NUMBER DUE INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE PAGE ;F 1 ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF T DOLLARS THOU- SAND T ) EVNI IONS Of- FOR ZONING ORDINANCE PROVID- INGASAVINL•SCLAUSE; FECCTIVE DATEGANEF- kCityofSouthlake F SOUTHLAKE ORIGINA CitySecretarrvvr�,nd u i iv C A R R O L L PLEASE PAY 49 . 80 SOUTHLAKE TX 76092 0 THIS AMOUNT ` ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth gram ***INVOICE/AFF[DAVIT***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 KE LEY 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 INCH Irl NE RATE AMOUNT DEC 07 6630585 CL . 358 1X72 L 72 . 38 27 . 36 CITY OF december 7 SOUTHLAKE,TEXAS ORDINANCE NO.480-34 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, THE COMPREHENSIVE ZON- ING ORDINANCE OF 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 54.615 ACRE TRACT OF LAND OUT OF THE R.J. PADEN SURVEY, / ABSTRACT NO. 1255, TRACTS 3, 3E, 3F,AND SIGNED ND MORE FULLY ;OMPLETELYDE- AND SWORN TO BEFORE ME , TFI T E / DAY OF �• • - FR IN EXHIBIT 7th 5M'.>' • •� - FROM A G DIS- NOTARY PU:LIC )j� �y TURAL ZONING DIS• C/.L / 4 TR ICT TO 5-P-1 COMMU- NITY SERVICE ZONING DISTRICT IN ACCOR- -�......,�;,�.•�.•,• DANCE WITH THE EX- r , . , TARRANT COUNTY , TEXAS HIBIT ATTACHED tiritY P•Ve�1 HERETO AND SUBJECT ' , U�11Ni I It P?iCOCI�Uc'TO THE SPECIFIC RE- fr2t.4?.. :��QUIREMENTS CON- 'N''''..- COMMISSION ,KPWR! 01 AFFIDAVITS TAINED IN THIS ORDI- NANCE; CORRECTING 4�•.• frS I • h.,, ._......"...._...._..... ,.,.,...._.. ..,..,....__ THE OFFICIAL ZONING '',*;. .•-•..E+ AUGUST 17 MAP; PRESERVING %`.�.a_�.- ALL OTHER PORTIONS OF THE ZONING ORDI- 'CE; PROVIDING - - ERABILITY JSE; DETERMIN- ii...,THAT THE PUBLIC - INTEREST, MORALS AND FARE GENERAL THE r TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----.A DEMANZONING CHANGES AND — AMENDMENTS HEREIN MADE; PRO- NOTITO EXCEED THE REMIT TO : 400 W • SEVENTH , FW, TX 76102 THOU- SAND$2000.00) FOR ( VIOLA- I TIONS OF THE ZONING t - ar- e e ram riE:l'i1 i T3. tO XPU146A iSAXXF O*Mg 76197 ORDINANCE; PROVID- I INGASAVINGSCLAUSE; AND PROVIDINGAN EF- FECTIVE DATE. ACCOUNT C I T 5 7 AMOUNT 27 . 36 PASSED AND APPROVED NUMBER DUE THIS THE 4th day of Decem- ber,1990,In second reading. Mayor Gary FIckes z PAGE 1OF 1 ATTEST: Sandra L.LeGrand City Secretary Approved as to form: Wayne Olson City Attorney ' CITY OF SOUTHLAKE ORIGINAL - ---- - 667 N CARROLL PLEASE PAY 27 . 36 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED