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480-085CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-85 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 2.832 ACRE TRACT OF LAND OUT OF THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, BEING LOT 1, BLOCK A-80, PECK ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE -1 TO "CS" COMMUNITY SERVICE 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 110-1" OFFICE -1 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 480.85/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 2.832 acre tract of land out of the Larkin H. Chivers Survey, Abstract No. 300, being Lot 1, Block A-80, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From 110-1" Office -1 to "CS" Community Service. 480.85/ORD/kb Page 2 The above described tract of land shall be further subject to the development regulations set forth in the "CS" Community Service District and any other restrictions and requirements set forth on the approved concept plan herein attached. 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 480.85/ORD/kb Page 3 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 from and after its passage and publication as required by law, and it is so ordained. SSED AND APPROVED on the ist reading the day of 1993. ATTEST: ITY SECRETARY PASSED AND APPRC 1993. ATTEST: lu� 4te& CITY SECRETARY YOR he 2nd APPROVED AS TO FORM AND LEGALITY: z'ji ad" CITY ATTORNEY DATE: jl�- --I kI- 1� ADOPTED: EFFECTIVE: 480.85/ORD/kb Page 4 reading the T day of — "'I- -��g YOR EXHIBIT u u LEGAL DESCRIPTION A 2.832 Acre tract of land situated in the L.H. Chivers Survey, Abstract No. 300, Tarrant County, Texas, being a portion of Lot 1, Block A-80, Peck Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388-137, Page 61, Plat Records, Tarrant County, Texas, which is the some tract of land as described by deed to Countryside Bible Church, recorded in Volume 7009, Page 1607, Deed Records, Tarrant County, Texas, being more particularly described by metes & bounds as follows: BEGINNING at the northeast corner Lot 1, Block A-80: THENCE S 02'05'00" E, along the east line of said Lot 1, 278.75 feet to the northeast corner of Lot 2R of Peck Addition as recorded in Volume 388-178, Page 50, Plat Records, Tarrant County, Texas; THENCE S 89'56'29" W, along the north line of said Lot 2R, 433.22 feet to the east line of White Chapel Road as dedicated by said Peck Addition; THENCE N 01'50'00" W, along the east line of said White Chapel Road, 291.87 feet to the north line of said Peck Addition; THENCE S 88'19'00" E, along the north line of said Peck Addition 432.60 feet to the Point of Beginning, containing 2.832 Acres of land, more or less. f T� 3 q -;z, 1 , � I ` 1f0 '•Zv3 2.780 @ P. DAVIS NIvE >e "C'3" G Y �' � • 5U av 3 o 0 � �ELFM CORP. oO S � TRACT "C-3" �� • 1 1 rE 2.30 @ .,, GNI irTR L. WAYNEACT 2 TR 60 a 1 3.0 AC E.BRYANT U TRACT .AG. W 3 H H_ aro 'p3 PTn ori H. PANGBURN = RUCKER 2R E. MURPHY "AG" "AG" "SF -1 " TR BC _ 3.5 AC L. BRIGHTBILL rr �� 4 L. POWERS "SF -1" TO 8C3 "SF -1" as "AG" � AC 35 TR 3ESB TR 3ESA p ap 5 32� 3.14 AC 3.14 AC too �p TR TR .8C2 8C2A 6 4.0 AC BA 12 ADJACENT OWNERS & ZONING 8B5 = A AC = arr I TR BBSA 1.25 AC .w TR 881C I E SOUt�Y p0K� c,00ASSEMB (ho396��G -(m 1 7a-3 O , I ht L- ;iilemmm•I.r11IM ►l■►virll- Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared SUE RUSSELL 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 Na T01A1 DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT MAY 07 7063808 CL . 358 0 16 . 38 16 . 38 May 7 1358 Legal Notices CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-85 AN ORDINANCE AMENDING ORDI- AMENDED,THE OCOM 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- it-i- iMATELYA2.832ACRE .N TRACT OF LAND OUT ED3�,h MAY 1 9 9 3 TRACT THE LARKIN H. `lUBSCRIBED AND SWORN CHIVERS SURVEY AB- THIS THE DA OF v STRACTN0.300 BEING LOT 1 MORE FUOCK 1IO O AND NOTARY PUBLIC _ ,A ____ _ PECK ADDITION,AN COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "0-1' OFF- T , RRANT CO NTY, TEXA ICE-1To"CS"COMMU- --- --- - --NITY SERVICE SUB- JECTTOTHESPECIFIC 0�� ...aORJbq, , , --. REQUIREMENTSCON- " N TAINEDIN THIS ORDI- pave` I �*F�}pu�l�1 �p[^1r�-p �' NANCEL CORRECTING ' rbiN11f1I�ll� J.i 3Ttl fr- - --- THE OFFICIAL ZON- �,z ' •ri ING MAP PRESERV- ; -.PA COMMISSIO EXPIRES 0 ING ALL OTHER POR- j ` f 'I (b TIONSOF THE ZONING iN 05 1pNU WY np ORDINANCE; DETER- - 419 +-Fs...._.JAIYUft"T_..,8i 1995....._.....t' PUBLIC INTERET ST, $ '1`�,.,�„a U MORALS AND GENER- AL WELFARE DE- MAND THE ZONING —TEAR ALONG TH1 CHANGES EMENTSND RETURN THE LOWER PORTION WITH YOUR PAYMENT HEREIN MADE; PRO- VIDING THAT THIS OR- DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES,. REMIT TO : 400 W . SEVENTH , FW, TX 76102 ITY CLAUSE PROVID- ING FOR A PENALTY Fort WorthStarl FOR VIOLATIONS HEREOF; S CLAUSE; LA PROVIDING ( TX1 �ZHi AE.76101-2051 A SAVINGS CLAUSE ININ3(196(n ■ PROVIDING FOR PUBS im LIGATION IN THE OF- FICIAL NEWSPAPER ACCOUNT AMOUNT 7063808 AND PROVIDING All NUMBER (IT57 DUE 16 . 38 EFFECTIVE DATE. Section 7.Any person firm or corporation who violates, disobeys, omits, neglects or 1 refuses to comply with or who resists theenforcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted toexist shall consti- tute a separate offense. PASSED AND AP- PROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE THIS THE 4th,DAY OF AWAY,1993 Gary Fickes,Mayor of South- CITY OF SOUTHLIIake Attest: Sandra L.LeGrand,City Sec- ORIGINAL 667 N CARROLL /Approvedastoform: SOUTHLAKE Wayne eK.Olson,City PLEASE PAY 16. 38 2-8 8 9 8 THIS AMOUNT ► ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared SUE RUSSELbilling 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 „ AMOUNT APR 23 2451374 CL . 358 1X92 L 92 . 43 39 . 56 Apr 23 NOTICE OF PUBLIC , P . O . # ORD 480-85 - - - - - -- --- - HEARING NOTICE IS HEREBY GIV-' EN TO ALL INTERESTED CITIZENS that the City Coun- cil of the City of Southlake,. Texas will be holding a public, hearing on May 4,1993 begin- ning at 7:00 p.m.,in the Ity• Council Chambers of City Hall,667 North Carroll Ave- nue, Southlake, Texas. Pur- pose of the hearing Is to con- sider the followig9n�g ordinanceI nITYTi OF aSOUTHA follows:, TEXAS ORDINANCE N0.480-85 __.. _... f.. i.... ORDINANCE / /JN/�)�,/' AMENDING ORDI- NANCE NO. 480 AS _-� AMENDED THE COM- SIGNED PREHENSIVE ZONING "INANCE OF THE'OFSOUTHLAKE, OUNTING A AND SWORN---T�O--BEFORE ME, T�-IIS THE 5TH DA`t OF [, Y, 1993 OF SOUTHLAKE \ ITAINTiTRACTOOR ...... NOTARY PUBLIC C �\,��� CTS OF LAND W ITHIN THE CITY OF SOUTHLAKE„ TEXAS TARRANT COLNTY, TEXAS BEING MATELY A 2.832 ACRE TRACT OF LAND OUT OF THE LARKIN H. CHIVERSSURVEY AB- 1'��'"zcv�1.�ro�-sv►�N....tiv STRACTNO.300 BEING teat Parr LOT 1 BLOCK A-30 KATHRYN J. SPENCER PECK ADDITION,ANb n', MORE FULLY AND COMPLETELY DE- '�N y'COMMISSION EXPIR'•(, 1. SCRIBED IN EXHIBIT - . _.0/i _.. "A"FROM"0-1"OFF- I i,9 • iP JAWARY 2$ 1y:: - ICE-1TO"CS"COMMU- , , of'it , JfECTTITY OTHESPECIF C Pa.�a.Z,...6.,6,,gy.m,.16,e,./b...6,o„, _, , '' REQUIREMENTS CON- - TAINED IN THISORDI- NANCE CO1RCIAL RECZON 'TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT THE ING MAP, PRESERV- ING ALL OTHER POR- TIONS OF THE ZOING T TH DETER- MINING REMIT TO : 400 W • SEVENTH, FW, TX 76102 PUBLIC INTEREST, MORALS AND GENER- AL WELFARE DE- _ MAND THE ZOING fr'E;���' ���: r� h�rrN�/V�yM���,,hf���rr1�{ �-yy���yy�y� ,tit �r �I�V-ABM CHANGES AND ' 9T`I�RWW/1ArXIIFT I�R`/V YI�X AI��T�Pt W1'2051 AMENDMENTS t tar-Telegram ra HEREIN MADE, PRO- VIDINGTHATTHISOR- CCUMULATIVE OF ALL NUMBERACCOUNT CIT57 AMOUNT 39. 56 ORDINANCES- PRO- - - -- — ITY CLAUSE-PROVID- 1 1 ING FOR A PENALTY FOR VIOLATIONS PAGE OF HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person firm or corporation who violates, disobeys,omits, neglects or refuses to comply with or who -esists theenforcementof any srovisions of this ordi- shall be fined not more 00)foorueach offense �' OF SOUTHLAKE ORIGINAL Jay that a violation Is N C A R R O L L A V E 39. 56 .rtededtoexist shall consti- ute„a separate offense. PLEASE PAY .andraL LeGTrand THLAKE TX 76092-8898 THIS AMOUNT a+ysecretary ;; I i iV'• SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED