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480-075CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -75 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 12.36 ACRE TRACT(S) OF LAND OUT OF THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACTS 4A7, 4A7A, AND 4A7B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO "CS" COMMUNITY SERVICES 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 home rule 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 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 480.75 /ORD/kb Page 1 spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad 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: 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 12.36 acre tract(s) of land out of the J.G. Allen Survey, Abstract No. 18, Tracts 4A7, 4A7A, and 4A7B, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "CS" Community Service District. 480.75 /ORD/kb Page 2 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. 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. All 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 480.75 /ORD/kb Page 3 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 from and after its passage and publication as required by law, and it is so ordained. PASSED AND d2 J-, / J I PASSED AND APPROVED on the 1st reading the day of 1992. /'1 IrF ���' s OR :ya ATTEST: 11111111N CITY SECRETARY APPROVED on the 2nd reading the / J day of 1992. S - THLq " "�4, �- • x r y J . APPROVED AS TO FORM AND LEGALITY: tjkw- CITY ATTORNEY DATE: �- ADOPTED • 10 1 1 EFFECTIVE: ATTEST: W ", I L�L,' � WOO IV MEM 3WMWW,'T 480.75 /ORD/kb Page 4 • r n ...� � r n ..+.r S � G r i (.E51 a, 1.31- ac I rn.Q_ ! lr9 Tn.�33 t � ����{{�� r7�p ��T • I ! 1Y1VZYKA ^ i 111t�Y IS � � TR . e.:0 T;;. :AS j .74 A. =1 f 1.229 aC I N _. A C( 3196 Ate' ' " -2" I l i I j i I TR. C2 1.1 ac US -f I U8 E t S — 2 f TR 6G i 1.818 AC ! ( I T R 6 I 3.66 AC T; W r 0 � TR Ge O .992 AC > j j TR 662 F' f 1.27 AC U 1 TR. C2 1.1 ac US -f I U8 E t S — 2 f TR 6G i 1.818 AC ! I 621x1 t TR HIS ( W T R 6 I 3.66 AC T; W r 0 � I 621x1 t TR HIS �! i r_; .863 AC ! 80 aC I I ` T; r 0 � a E3 1A- V PIPES "AG i l i j /00' Q V 0 Q 7 - f»RY ",Cc; A16w00c I A ayi a � � !u G.OAfilt t PA.�,C /N6 Q 1 1 Z ON/NG EX vBET Z 0NE0 AG REQUEST Z OA/ C f BEING a tract of land our of the J.G. Allen Survey, Abstract No. 18, Tarrant County, Texas according to deed recorded in Volume 4940, Page 302, Deed Records, Tarrant County, Texas and being described as follows: BEGINNING at a point in the centerline of Pearson Lane, said point also being located in the West line of the J.G. Allen Survey and being 1071.9 feet North of the Southwest corner of said J.G. Allen Survey; THENCE North 00 degrees 17 minutes 49 seconds West along said centerline of Pearson Lane 727.81 feet to a point for corner; THENCE North 89 degrees 43 minutes 00 seconds East 740.81 feet to an iron pin for corner; THENCE South 00 degrees 11 minutes 20 seconds East 727.78 feet to an iron pin for corner; Thence South 89 degrees 42 minutes 51 seconds West 739.44 feet to the POINT OF BEGINNING and containing 12.36 acres of land, more or less. SiTE ViCivirr M.va 1.rvfn nRI!�ISOM SUnVFY0n!; RAC or ry 4 dI1 CMAPIES 8. llcc!S !q ii ^ nn JL111I (: _ ���'s jr)�q a rrm Diu i•+:� nanrcr.s . r 7A , _ sy•• .�.0 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ***INVOICE/Ar IDAVIT*'"wINVOICE/AFFIDAVIT*" E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared CAL RIr.FY 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 AD INVOICE NO DESCRIPTION AD SIZE INCWLINE RATE AMOUNT AUG 21 6924594 CL . 358 1X85 L 85 . 40 34 . 00 Aug 21 P. O . # 480-75 CITY OF SOUTHLAKE, TEXAS - ORDINANCE NO.480-75 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED THELOM- PREHENSILE 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 APPROXI- MATELY A 12.36 ACRE TRACT(S) OF LAND OUT OF THE J.G. AL- SIGNE N SURVEY AB- !ACTNO.18TRACTS ST, 1992 4A7A, AND 4A7B AND SWORN TO BEFORE ME , THIS THE 21 D �� OF • hUG D MORE FULLYE NOTARY PUEL D COMPLETELY l DESCRIBED IN EX- H I B I T"A„FROM"AG" `�- ........... ..-..... .. .-_.. AGR TO ICULTURAL COMMUNITYY SERVICES SUBJECT T RRANT COUNTY, TE AS_ TO THE SPECIFIC R E- -------QUIREMENTS CON- TAINED IN THISORDI- NANCE-CORRECTING THE OFFICIAL ZON- ING MAP, PRESERV- ING ALL OTHER POR- 1.0.oc,o.s�,4 TIONS OF THE ZONING �� ,'4'(b' '"Ak. ORDINANCE; DETER- „1rRY.Hb1`I r MINING THAT THE �a�' '.t Ir 'n PUBLIC INTEREST, _n, r� p - MORALS AND GENER- • i ��y� i,)IQIV 'EXPIRES 0 M WELFARE IDE-NG � � MAND THE ZONING yS 1 CHANGES AND AMENDMENTS HEREIN MADE; PRO- !—TEAR A ONG THIS PERFORATION AND-RETURN THE LOWER PORTION WITH YOUR PAYMENT----,, VIDING THAT THIS OR- DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCE ASEVERABIOL- ITYCLAUSE-PROVID- REMIT TO : 400 W . SEVENTH , FW, TX 76102 ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; •r LICATION FOR POF- Star-1'elegrani PET c • �� � xR9�R '4�9�x��4P �(3��1-2051 p 11 LIGATION IN THE OF- FICIAL NEWSPAPER AND PROVIDING AFI EFFECTIVE DATE. ACCOUNT AMOUNT Section 7.Any person,firm ; NUMBER C I T 5 7 DUE 34 . 00 or corporation who violates, ',obeys,omits, neglects or ises to comply with or who sts the enforcement of any 1 1 ie provisions of this ordi- PAGE OF .,ice shall be fined not more than Two Thousand Dollars (S2,000.00) for each offense. Each day that a violation is permitted toexist shal I consti- tute a separate offense. PASSED AND APPROVED IIN SECONDREADINGTHIS THE 18thdayofAugust,1992. Gary Fickes, Mayor of Southlake AT Sandra L.LeGrand, City Secretary •.AlIendasto form: OF SOUTHLAKE ORIGINAL - C ty Attorney r r J ., bb r N CARROLL AVE PLEASE PAY 34 . 00 SOUTHLAKE TX 76092-8898 THIS AMOUNT ► ATTN : SANDRA LEGRAND - --- PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram * :1„ . 7rI1�A`'_TT"'**iNVc7iCE/AFPIDAViT'"** 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 CAL RILEY 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 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT AUG 07 6917453 CL . 358 1X92 L 92 . 40 36. 80 Aug 7 NOTIHEARINGPUBLIC P . O . # 4 8 0-7 5 all NOTICE Is persons that the City Council of the City of Southiake,Texas,willbehold- .. _..... __.. Ing a public hea ring during the Regular City Council meeting tobeheldon August 18 1992 at 7:OOp.m. SouthiakeClty Hall, 667 North Carroll Avenue, ... . . _.... SoPu IpaoseoTe�hearin is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE, ORDINANCEANO.480-75 AN ORDINANCE ' AMENDING ORDI- NANCE NO. 480 AS AMENDED THE COM- SIGNED COM- PREHENSIVE ZONING ORDY OF INANCE H THE AND SWORN BEFORE -ME-,-� HE " D Y OF AS,- GRANTING Ed ALT 1;T_I9 2tTAI1INNH NGE RACT RNOTARY\CTIS TRACT LAND �— m r HIN THE CITY OF _-..- __. __. . _...... _ .-. -: TARRANT COUNTY, TEXAS SOUTHLAKE TEXAS BEING APPROXI- TRACT(SA OF6LAND OUT OF i HE J.G. AL- — LEN SURVEY AB- STRACTNO.18 TRACTS AND MORE FULLY �K�__—__ .;._.� AND COMPLETELY _... �p pF.Yisrrr h,ATNRY�! J. S:' _.... _._.. DESCRIBED IN EX- .r r HIBIT"A"FROM"AG" �2r nag - - , AGRICULTURAL TO COMMISSION ' "CS" COMMUNITY -)S.'' ... k�----- SERVICES SUBJECT �' I ppTO THE SPECIFIC RE- ��yw'•,,,,,,,.:`�'� Jt1Fl��A�1)' L�J, " NAINEDINTH15 TIN- + r'hF•oc - .''`�'a NAI N E D CORRECTING r~�+~°-��5 THE OFFICIAL ZON- ING ALLP6THERSPORR- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT TIONSOF THE ZONING ORDINANCE; DETER- MINING THAT THE PUBLIC INTEREST, REMIT TO : 400 W . SEVENTH , FW, TX 76102 MORALS AND GENER- AL WELFARE DE- MAND THE ZONING CHANGES AND y�[�(�[�(�/�/yvYy�[�/yy�/yyyy�[y AMENDMENTS �iLNII I i J. li A.O.BOX`9bfD5V�1 RCF�P/OPFTT'I,^fLXA9'/6T01-2051 HEREIN MADE; PRO- VIDING �� Star-TelegramTHATTHISOR- CUMULATIVE SHALL BE CUMULATIVE OF ALL ORDINANCES PRO ACCOUNT C I T 5 7 AMOUNT 36 . 80 NUMBER DUE VIDINGASEVERABIL - - ITY CLAUSE PROVID 4 ;. ,,� ING FOR A PENALTY y '�< FOR VIOLATIONS ~r;;� ' 1 1 HEREOF; PROVIDING 51<; l i • A SAVINGS CLAUSE; "'OVIDING FOR PUB- i,' PAGE OF ATION IN THE OF- ) WN. PROVDIG AN FECTIVE DATE. Section 7.Any person firm or corporation who violates, disobeys, omits, neglects or refuses tO COmply With Or Who •esiststheenforce-nentofany e the provisions of this ordl- icceTshall be fined not more 40.001Tfoorr each offd ense. Y OF SOUTHLAKE ORIGINAL 1f trace offense.shall consl- 3 6• °0 1 s�>f•�;mlakN CARROLL AVE gd`aL LeGrand THLAKE TX 76092-8898 PLEASE PAY ► retary THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED