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480-048CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-48 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 4.4288 ACRE TRACT OF LAND OUT OF THE T.M. HOOD SURVEY, ABSTRACT NO. 706, A PORTION OF A 5.0 ACRE LOT KNOWN AS LOT 3A, CRUMBAKER ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" COMMERCIAL-2 DISTRICT TO "AG" AGRICULTURAL 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 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 DroDri~tar¥ interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a pub]tic 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 $outhlake, 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 4.4288 acre tract of land out of the T. M. Hood Survey, Abstract No. 706, a portion of a 5.0 acre lot known as Lot 3A, Crumbaker addition, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "C-2" Commercial-1 District to "AG" Agricultural 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 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. PASSED AND APPROVED 1991 . % .......... SSED AND on the 1st reading the ~ ATTEST: 2nd reading the /~ APPROVED on the ........... ;? % ,,- ~... ...' ~% :~ ATTEST: % -. ............ ...-' ~%,,,, * * ',,,,'*" /CITY SECRETA day of day of -4- APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY -5- PL]~LIS~[ WED~:~DAY, APRIL 24, 1991 FORT ~3RTH STAR-T~, WC~R~%! LEGAL ~Nl)r tCE _Notice is hereby given co all interested persons that the Planning and Zoning Ccrrtmission of ~he City of Southlake, Te.-c~s ~"ill be holding public hearing on May 9, 1991 at 7:30 p.m. in the City Council Chn"~hers at City H~I!, 667 .~or~h Ca_,-roll Avenue, Sou:hlake, Texas. Purpose of the hearing is :o consider the reques~ made by W.H. C~mg~ker To rezone a 5.00 acre tr~c~ of land ou~ of ~he T.M. Hood Survey, Abst. 706, being more cr,,~nnly known as Lot 3A, C~-,h~ker Addition. Curren~ zoning is O ,,,,ercial-2 ; the requeszed zoning is A~ricultural Me~es and bounds description follows: Beginning et a I Inch steel rod found for the Northerly Northecst corner of said Lot 3A end being In the Southwesterly right of way line of Stale Highway No. 114 end being In a curve to the I~f t: Thence with a Northeast boundary line of said Lot 3A and said right of way line and said curve to the left having a red us of 2401.80 feet, a delta angle of 6 degrees 04 mlnutee 37 seconds, an arc length of 254.74 feet and a long chord of South 46 degrees 32 minutes 53 seconds Eost 254.63 feet to a 5/6 Inch steel rod found for the Easterly Southeast corner of! said Lot SA: Thence North 89 degrees 04 minutes O0 seconds West with a boundary line of said Lot 3A a dl'etonce of 208.50 feet to a 5/8 Inch steel rod found for the Inner corner of the same: Thence South O0 degrees 09 minutes O0 seconds East with an Easter ly boundary line of said Lot 3A a distance of 321.90 feet to a I/2 Inch capped steel rod stamped ' Moor Surv. Inc. set for the Southerly Southeast corner of the same: Thence North 8S degrees 08 minutes O0 seconds West with the South houndcry line of said Lot 3A 397.56 feet to the Southwest corner of the some: Thence Nor th O[ degrees 05 minutes 30 seconds West with the West boundary line of said Lot 3A a distance of 494.20 feet to the Northwest corner of the same: Thence South 89 North boundary to the place of less. degrees 08 minutes O0 seconds East with the line of said Lot 3A a distance of 429.76 feet beginning and containing 5.00 Acres, more or CITY OF SOb~DILAKE Sandra L. LeGrand City Secretary LA 91-20 TROPHY CLUB CARROLL MIOOLE PABK IS. COLLEYVILLE / Fort Worth Star-Telegram ***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 TOTAL INCH/LINE DESCRTION �, AD SIZE RATE AMOUNT u JUN 21 6712905 CL . 358 1X131L 131 • 38 49 . 78 CITY OF ---- june 21 ORDINANCE NO.480 48 • i AN ORDINANCE AMENDING ORDINDTO - i AMENDED, RiNEETEODINANCOFH TEXASS, SOUTH NG A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LANDW SOIUTHLAKE OFBE MATELYA4488ACRE .._ TRACT OF LAND OUT OF THE T.M. HOOD i SURVEY, ABSTRACT NA55..OACCRELOTKNOWN SIGNED T 3A,CRUMBAK- DDITION AND AND SWORN TO BEFORE ME , THIS T E 2 t DAY OF• 1991 FULLY AND NOT PUBLIC .ED N EXHIB T FROM"C-2"COM- / ��iv TO R AGT'2AGR(CULT TURALDISTRICTSUB- TARRANT CO NTY, TEXAS JECTTOTHE SPECIFIC — REQUIREMENTSCON- TAINED IN THIS ORDI- 1 THECE CORRECTING �"'•��• - 01 AFFIDAVITS ING MAP T PTRESERV- �AY,t•ue��,, KAjRPYN . SENCER PRESERV- ING OF THEOTHER ZONING -.''�i"i COMMISSION EXPI t ORDINANCE; DETER- §�r•• ��N ;rf i ;RY Z8r 1995 MINING THAT THE - --"---- +... PUBLIC INTEREST, hr••••••••'s'':' MORALS AND GENER- AL WELFARE DE- MAND THE ZONING CHANGES AND AMENDMENTS PRO- VIDING THAT THISOR TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ' * DINACUMULATIVE OF ALL ORDINANCES PRO- TTY TCLAUSELPROV ID- ING FORA PENALTY REMIT TO : 400 W • SEVENTH, FW, TX 76102 FOR VIOLATIONS HEREOF; PROVIDING t h s A SAVINGS CLAUSE; FICPROVIDING FOR PUB- tar-TelegramPEM'T TU'. 1!0 XXX XNX3f X X4 �Q`�Pk3Q-D XEX''X-XX' ' IIALONEWSPAPER AND PROVIDING AN EFFECTIVE DATE. ACCOUNT MOUNT A 49 . 78 Section 7.Any person,firm NUMBER C I T 5 7 DUE or corporation who violates, disobeys, omits, neglects or refuses to comply with or who PAGE It I of the provisions of th s ordl- Hance shall be fined not more than Two Thousand Dollars 52,000.001 for each offense. ach day that a violation is permitted Coexist shall consti• - tute a separate offense. Section 8. All rights and re, '•s of the City of South- lee xppresslv saved asto ao isTofOrdinance Nns of o. 4&. At:mended,or any other xdinances affecting zoning which have accrued a the T Y O F S O U T H L A K E O R I G I N A 1 i hi of the effective date e �Icruednviolationnsaand uah 7 N C A R R O L L PLEASE PAY 49 . 78 tending final, ion,whether both chit T X 7 6 0 9 2 O THIS AMOUNT , find criminal,whether Pend- U T H L A K E ng In court or not,under such ordinances same shall not be A T T N : SANDY L E G R A N D ay edbythisordinancebut isp sI n by t fed until finaI isposlipon by the courts. Section 9. The City Secre- fir' *fhe C PLEASE WRITE IN AMOUNT ENCLOSED ltyofSouhlake Is ti rected to publish the 'ordinanceor its cap- Jena I ty together with ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** Fort Worth Star-Telegram 400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102 T STATE OF TEXAS CuUllty 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 r0FAL INCH/LINE RATE AMOUNT JUN 08i6707297 CL . 358 1X100L 100 . 22 22 . 00 NLI ,une 8 NOTICE is hereby gglventoall Interestedpen,onsthattheCi- - -- - --- - ty Council of the City of South- lake,Texas, duhriingntthe Regular City Council meeting to be held on June 18 1991,at 7:30p.m. SouthiakecityHall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing is to consider the second readingof the following ordinance: CITY OF SOUTHLAKE TEXAS ORDINANCE No.480-48 / "•' ORDINANCE ENDING ORDI- SIGNE15 iA /i1 Ail NCE NO, 480 AS EN ESD,.1HENION - VD SWORN TO BEFORE ME , THIS THE llth DA OF JUNE, 1991 ZO FINANCE OF THE NOT CITY OF SOUTHLAKE, - '��TEXAS- GRANTING A ZONING CHANGE ON A � CERTAIN TRACT OR C \ TRACTS OF LAND _ �.,__, \t1AC l TY, "f E X A s WITHIN THE CITY OF "' SOUTHLAKE TEXAS BEING APPROXI- MATELY A4.4288ACRE ++`��co^•:-,.-ocwo� ,,•,,-;, 01 AFFIDAVITS TRACT OF LAND OUT OF THE T.M. HOOD ,�,y� i' SURVEY, ABSTRACT "be ;ti KATHRYN J. SPENCER NO.706 A PORTION OF AS.OAC'RE LOT KNOWN $.•1 ��,�COMMISSION EXPIRES... AS LOT 3A CRUMBAK- - �� f' ER ADDITION AND \ tq? �, JANUARY 28, 1995 MORE FULLY AND ht,k COMPLETELY DE- /{///„ SCRIBED IN EXHIBIT A"FROM"C-2 COM- " GL-2 DISTRICT TO A TEA ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT 1 TO AL AG CT U � B TURAL DISTRICT SUB- _ JECTTOTHESPECIFIC REQUIREMENTS CON- TAINED IN THISORDI- NANCEL CORRECTING THE OFFICIAL PRE ERZON- ING REMIT TO : 400 W • SEVENTH , FW , TX 76102 MAP PRESERV- ALL OTHER FOR— PING MINIINGN THAT THE RFR4IT T(�; O, PUBLIC ALS INTEREST_ ' Star-Telegrai'n VELFAREDE- 1 THE ZONINGACCOUNT AMOUNT 67GDME TDS NUMBER CIT57 DUE 22 .00 He,EIN MADE; PRO- VIDING THAT THIS OR- DINANCE SHALL BE PAGE OF ORDINANCES PRO 1 1 VIDINGASEVLRABIL- ITY CLAUSE PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING PROVIDI G OR PUB- LICATION IN THE OF- FICIAL NEWSPAPER. EFFFECTIIVEIDA E.AN Section 7.Any person firm or corporation who violates, disobeys, SOUTHLAKE ORIGINA refuses to comply with t o who f any of the rovisions of i oral- 4 R R O L L PLEASE PAY 22 . 00 of the provisions of this ordl- nance shall be fined not more THIS AMOUNT than Two Thousand Dollars (sr. T X 76092 0 Each day that a aviola ion Is -- - - Iureattseedtoeestshallconsti- ; SANDRA LEGRAND City of Southlake Sandra d LeGrand City Sec re PLEASE WRITE IN AMOUNT ENCLOSED