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480-035CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-35 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 0.35 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING A PORTION OF TRACT 3D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO COMMUNITY SERVICE 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 ahd 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 producin? e!emerts 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 reasonab!v 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, earks 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 Citv 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 i~rge, the citizens of the City cf Southlake, Texas, and helps promote the general health, safet!? amd welfare of the community. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- Section I. That Ordinance No. 480, the Comprehensive Zoning ~}rdinance 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 permztted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 0.35 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tract 3D, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to Community Service 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 general welfare of the come, unity. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to e~ist 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 ,Df conserving the value of buildings and encouragi~a 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 eortion 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 uhis ordinance shall be deemed guilty of a misdemeanor and upon corviction 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 ?>%1 ~L4x,-~,,,. ..,' ~'~ . .......... "6' ~. 1st reading the ATTEST: CITY SECRETARY day of PASSED AND APPROVED on the 2nd reading the ~/~..,, day ATTEST: C~TY SECRETARY of APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- EXHIBIT A Finn ~OTES BEING a tract or parcel of land situated in the city of Southlake, Tarrant County, Texas, and being out of the Littleberry G. Hall Survey, Abstract Number 686, and being part of that tract of conveyed to J.P. Truelove by deed recorded in Volume 7176, Page 794, Deed' Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found at the Northeast corner of a tract of land conveyed to the State of Texas by deed recorded in Volume 9745, Page 421, Deed Records, Tarrant County, Texas; said point being in the North line of F.M. Highway 1709, (variable width Right- of-Way), said point also being the beginning of a curve to the right whose chord bears South 85'55'33" West; THENCE Westerly along the North line of said F.M. Highwa~ 1709 and along said curve to the right having a central angle of 01'00'48", a radius of 5659.58 feet and an arc length of 100.10 feet to a 1/2 inch iron rod set for corner; THENCE North 01'33'31" West a distance of 154.39 feet to a 1/5 inch iron rod set for cornel; THENCE North 88°26'29" East a distance of 100.00 feet to a 1/2 inch iron rod set for corner, being in the West line of a tract of land conveyed to James M. Elder, Inc. Employees Profit Sharing Trust tract, Volume 9647, Page 025, Deed Records, Tarrant County, Texas; THENCE South 01'33'31" East along the said West line of James M. Elder, Inc. Employees Profit Sharing Trust tract, a distance of 150.00 feet to the POINT OF BEGINNING and containing 0.35 acres of land, more or less. O0 1~' SiDE YARD SE~ACK~~ ~E E BUFFER TAR~ m ~ >, Z~ on ~ OZ Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102 1 STATE OF TEXAS Cuwlty 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 DESCRIPTLa, AD SIZ TOTAL RATE AMOUNT INCH/LINE JAN 04 6639946 CL . 358 1X75 L 75 . 38 28 . 50 I january 4 CITY OF SOUTHLAKE,TEXAS . ORDINANCE NO.480.35_. 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 0.35 ACRE TRACT OF LAND OUT OF THE LITTLEBERRYG.HALL SIGNS SURVEY, ABSTRACT A // / ",). 686 BEING A FOR- Thl)REF TRACT FULLYD'ANND D ND SWORN TO BEFORE ME , T IS THE 7th D ' OF J. P. %i 1991 / MPLEIBED INLY EXHIBIT NOTARY PUB IC A // .. " FROM _ /'I L 7�xy // / A74. jA�xl♦, TU FROM AGR T TO - A----- if/ CEL L ii TUPAL DISTRICT TO • COMMUNITY SERVICE DISTRICT IN ACCOR- TA -RANT COU TY , TE AS DANCE WITH THE EX- ' '.`" HIBIT ATTACHED " ; HERETO AND SUBJECT �h TO THE SPECIFIC RE- ili9'.� (f+t QUIPEMENTS CON• - , .��� COM ION ... 01 AFFIDAVIT TAINED IN THIS ORD1- U N EXPIRES THE OFFICIAL ZONING it /\'�rs AUG ST 17. 1991 MAP; PRESERVING ALL OTHER PORTIONS rw `dw.^ - - `--.4 NA THE ZONING ORDI- NANCE;PROVIDING A SEVERABILITY CLAUSE; DETERMIN- - ING THAT THE PUBLIC INTEREST, MORALS ." TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �1 AND GENERAL WEL- FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEDININ G A PENALTYO REMIT TO : 400 W • SEVENTH , FW , TX 76102 DT TO EXCEED THE 1 r .UM1 SAND DOLLARS 1 001 FOR VIOLA- TIONS IFEW T �O: E� 1 XDX C 1 0 } cXF X 1 IX X C� 76197 i Star-Telegram INGASAVINGSCLAUSE; ANFECDTIVE DATE. NUMBERACCOUNNUMBERT C I T 5 7 AMOUNT DUE 2'� . C'11 PASSEDANDAPPROVED IN SECOND READING THIS PAGE 10F 1 THE 2nd day of January,1991, by the City Councl I of the City of Southiake,Texas. Gary Flckes, Mayor of Southlake ATTEST: Sandra L.LeGrand City Secretary Approved as to form: Wayne K.Olson City Attorney CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLE AMOUNT 6,EASE PAY 28 . 50 SOUTHLAKE TX 76092 0 ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 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 KELLEY ALLARD Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant _aunty , Texas ; and who , after being duly sworn , did depose and say that the `ollowing clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPT•4 AD SIZE TOTAL RATE AMOUNT r.N � INCH/LINE :C 23 6636583 CL . 358 1X82 L 82 I . 60 49 . 20 december 23 OPUB IC HEARING NOTICE 15 hereby given to all inteCou Texhearnested s,will h df Sou phiak ns that c Januaryng on 2,1991,at 7:30 p.m., In the Clty Council• Chambers of City Hall, 667 North Carroll Avenue, South- lake,Texas. Purposeofthehearinggistocon slder thefollowingordinance in second reading: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480.35 AN ORDINANCE / AMENDING ORDI- NANCE NO. 480 THE S I G N E') pREHENSIVEZON- ORDINANCE OF AND SWORN TO BEFORE ME , THIS HE - 26th DA, OF Doan, I:+ •, 199 CITY OF SOUTH- 1 ,TEXAS;GRANT- NOTARY PUOLIC w /' �/ ON A CERTAIN TRACT I WITH NA THE°cTY OF ! TARRANT COUNTY, TEXAS SOUTHLAKE TEXAS BEING APPROXIMATE- � � LY A 0.35 ACRE TRACT OF LAND OUT OF THE 1 �& • 01 AFFIDAVITS LITTLEBERRYG.HALL ) �°• , rt . SURVEY, ABSTRACT 1• NOU01 N0. 686 BEING A POR• , `� t e ►lU TIONOF TRACT 3D,AND „v ,� COMMISSION EXPIREa MORE FULLY AND �,1, AUGUST Z� ^B1 COMPLETELY DE- !y [W 1W!- 9 SCRIBED IN EXHIBIT ��.� ' FROM AGRICUL• AL DISTRICT TO AUNITY SERVICE bANCE WITH THE EX- HIBIT ATTACHED V TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �1 HERETO SPECIFIC RE- CON- TAINED ED IR NIN THIS ORDI- NANCE CORRECTING REMIT TO : 400 W .• SEVENTH , FW, TX 76102 THE OFFICIAL ZONING MAPi PRESERVING ALL ETHER PORTIONS ,�/�/u�[�y,�(, y��/�/��(�/�u,y,.y��(y��(�yy��,( ,, OF THE ZONING ORA ALFA. co: �i` XM� X414� f*X4X.X4 Y�IRllGY7I X,/Vl1X1F� X6197 NANCE;PROVIDINGA ih ta r e e ram IN THAT THE PUBLIC INTEREST, MORALS ACCOUNT C I T 5 7 AMOUNT 49. 20 AND GENERAL WEL- NUMBER DUE FARE DEMAND THE ZONING CHANGES AND AMENDMENTS PAGE kW 1 HEREIN MADE; PRO- VIDING A PENALTY NOT TO SUM OF TWOED THOU- SAND DOLLARS (52000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE- PROVID- INGASAVING�$CLAUSE; AND PROVIDINGANEF- FECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand City cM-•'3ry— --TY OF SOUTHLAKE CRIGINAL, I 667 N CARROLL PLEASE PAY i,, 49 . 20 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED