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480-044CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-44 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, 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 4.026 ACRE TRACT OF LAND OUT OF THE W.Ro EAVES SURVEY, ABSTRACT NO. 500, TRACTS 3, 3C, AND 3C1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL ZONING DISTRICT TO "C-2" COM~ERCIAL-2 ZONING DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 "AG" Agricultural Zoning District 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, th~ citizens of the City of $outhlake, 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 4.026 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, Tracts 3, 3C, and 3C1, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural Zoning District to "C-2" Commercial-2 Zoning District. Section 2. That the City Manager is hereby directed to correct the Official Zoning Map of the City of $outhlake, 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 ~xc~Dt 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. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect form and after its passage and publication as required by law, and it is so ordained. .~(~SED ; AND APPRQ~. on the 1st reading the ~ day , ~ L ~ ~F'"" ,,, ........... ..... % ~. ..' % .. .. ~ ATTEST: ~Y' SECRET~RY uASSED AND APPROVED on ~ 1991. -/ the 2nd reading the ~/ day -4- of of APPROVED AS TO FORM AND LEGALITY: -5- PL~LISH WEE~N'~%'DAY, APRIL 3, 1991 ?0RT ~D.RTH ST.~R-[~_ECRRA~ .';otice is hereby given to all interested persons that the Planning and Zoning Cu~,~ission of the City of Scu~hlake, Texas will be holding public he.ring on April 1R. 1Qql at 7:30 p.m. in the City Council Cbnmhers at City H~I!, 667 .North Carroll Avenue, Sou=blake, Texas. Purpose of the hearing is ~o consider the request made by Conner ~am to r-~zone a ~.026 acre tract of land out of the W.R. Eaves Survey. Abst. Mo. SOO. Trmr~ ~: ~C: u~d ~C1 Current zoning is Agricultural ; the requested zoning is Cormmercial-2 ~etes and bounds description follows: CITY OF SO~ sandra L- LeGr~nd City Secret a-fY ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** Fort Worth Star-Telegram 400 W.SEVENTH STREET il FORT WORTH,TEXAS 76102 HE STATE OF TEXAS ounty 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 RATE AMOUNT ._ ._.. _. INCH/LINE MAY 10 6694709 CL . 358 1X99 L 99 . 38 37 .62 may 10 NOTICE OF PUBLIC HEARING NOTICE is hereby given to al l interested persons that the Ci- ty Council of the City of South- Pllake Texas,will be holdinga the Regularbhearing meeting to be held on May21 1991,at ""'""'" 6670 NorfhoCarroll Avenue, Southlake,Texas. Purpose of the hearing is to ,...._ _._-.__..._-.._._..._.___......___...,...__.._..._-._.__._-..__._.-._._..�-............ consider the second readingof the following ordinance: CITY OF /f SOUTHLAKE TEXAS / _��_ _ _ ORDINANCE O.480-44 0/ SIGNED AN ORDINANCE AND SWORN TO BEFORE ME, THIS THE DAB MENDING O R D I- _...._.___..-.....__._._......._. ANCE NO. 480 As 13th 'Y OF MA 1 1 MENDED THECOM- REHENSI' EZONING NOTARY PUBL _ ..RDINANCE OF THE ��,.\� �__ CITY OF SOUTHLAKE, r .. ...,._.,.. .‘,,, ....._. ..�\ �__..... TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR FINt•y��� TARRANT COUNTY, TEXAS TRACTS OF LAND 1....QiiWITHIN THE CITY OF _..._..._._,...... _...-"__._____._"-_______...SOUTHLAKE TEXAS 4 \'4 Y4Tu ~~ ...46 `BEING A�PROXI- ..-;+ RYhI SPENCER 01 AFFIDAVITS MATELY A 4.026 ACRE \ COMM+S TRACT OF LAND OUT - (y., } ..4.7 SOON i OF THE W.R. EAVES h,R••..,,,•�+� LI SURVEY ABSTRACT ,,,oF.tom RES NO. 500 TRACTS 3 3C '"-- IANUARY pg AND 3C1, AND MORE 1995 d PLETELYND CODE- SCRIBED IN EXHIBIT t_d \ d A"FROM"AG"AG R 1- CULTURAL ZONING J DISTRICT TO "C-2' — COMMERCIAL-2 ZON- - - ING DISTRICT SUB- TEAR AL NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT a REQUIREMENPTSCON TAINED IN THISORDI- NANCE-CORRECTING THE OFFICIAL ZON- ING MAP PRESERV- REMIT TO : 400 W . SEVENTH , FW , TX 76102 ri ER I ALL OTHER POR- TIONS OF THE ZONING ORDINANCE; DETER- y�/yy y y y�YyYyyyYy�Y�[ MINING THAT THE Star-Telegram To. r►. ^''.` lixx40)4XIFVhi?TVCN�il'I�TL`7 g*6197 PUBLIC INTERST, 1 MORALS AND GENER- AL WELFARE DE- MAND THE ZONING CHANGES AND NUMBER CIT57 AMOUNT 37 .62 AMENDMENTS HEREIN MADE; PRO- VIDING THAT THISOR- DINANCE SHALL BE CUMULATIVE OF PRO PAGE t 1 FORITV(CLAUSEVPROVID- NG OR VIOA LALTY ATIONS ONS HEREOF; PROVIDING PROVIDING CLAUSE; PUB- LICATION IN THE OF- FICIAL NEWSPAPER• EFFFD ECTIOVEI DATE.A, Section 7.Any person firm or corporation who violates, disobeys,omits, neglects or OF SOUTHLAKE ORIGINA refuses to comply with or who resists theenforcementofanyI C A R R O L L of the provisions of this ordi- PLEASE PAY 37 . 62 Hance shal be fined not more than Two Thousand Dollars ILAKE TX 76092 0 THIS AMOUNT ah ylaaso atioEcdatht violation is T : oealtttedtoexistsalonsti- N SANDRA LEGRAND shall City of Southlake Sandra L.LeGrand City Secretary PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 T ;TATE OF TEXAS C ;y 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 : TOTAL DATE DESCRIPTION AD SIZE INCHflJNE 1 RATE AMOUNT MAY 24 V700742 CL . 358 1X88 L 88 . 38 33 . 44 ORDINCI CY OF may 2 4 SOUTHL CE„T XXAS 480-44 AN ORDINANCE AMENDING ORDI- AMENDEDOTHEOCOM PREHENIIVE ZONING ORDINAl•CE OF THE ,.. . ..... _ _.......... CITY OF OUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND SOUTIHLAKE CITY OF_ . BEING APPROXI- MATELY A 4.026 ACRE TRACT OF LAND OUT SSOF URVEY,ABSTRACT ��/ �i un j0C1t AND nnbRC� SIGNED _. TELYND CDE-OM- D SWORN TO BEFORE ME , THIS THE 24th y 0 MAY, 991 BR OM AGONINI- CULTURAL ZONING NOTARY PUT_J \�+. DISTRICT TO 'C-2ikliii, IING DISTRICT SUUB REQUIREMENTSCON TAP,RANT COUNT , TEXAS TAINED IN THIS ORDI- NANCE CORRECTING THE OFFICIAL ZON- +-.•� t,z4~4 01 AFFIDAVITS ING MAP/'� PRESERV: ���„ ING ALL uTHER POR ��V. .4, TIONSOF THE ZONING b.' 'f KATHRYN J. SPENCER + ORDINANCE, DETER ?: MINING THAT THE f•S�A."-4 COMMISSION EXPIRES....O PUBLIC INTEREST, N 1 F MORALS AND GENER- .'•. a AL WELFARE DE- r�;r•-......••-t, JANUARY 28. 199 Att MAND THE ZONING A '.4.Of�r CHANGES AND C/ ,� �V AMENDMENTS EREINM ADE; PRO VIDINGTHAT THIS OR- FEAR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -----,► DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PRO- ITIYDICLAUSEVPROVID- oRFOv O ATIAONS REMIT TO : 400 W . SEVENTH, FW , TX 76102 HEREOF, PROVIDING A SAVINGS CLAUSE_ ar- e e ram PROVIDING FOR PUB � REMIT TO: �� ■ 1F yypl�x ��X I ■ LIGATION IN AND PROVIDING AN EFFECTIVE DATE. ACCOUNT NUMBER C I T 5 7 AMOUNT Section 7.Any person firm or corporation who ltects or DUE 33 . 44 disobeys,omits, e9 refuses to comply with or who res)stsiheenforcementofany PAGE 1 OF 1 of the provisions of this oral Hance shall be fined not more than Two Thousand Dollars 2 000,00) for each offense. permltdtedtoexist that a violation consts i- Lute a separate offense. PASSED AND APPROVED IN SECONDREADINGTHIS THE 21s1 day of May,15'91- Gaayyo F iok u thla iTErST:Sandra L. LeGrand ovCatardpprdsto form: Allen Taylor Jr. :OUTHLAKE ORIGINAL Its/A"'7b f N CARROLL PLEASE PAY 33 . 44 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED