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480-094CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-94 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 . 1912 ACRE TRACT OF LAND OUT OF THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, TRACTS 6D AND 6F, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL AND "CS" COMMUNITY SERVICE 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 "AG" Agricultural and "CS" Community Service 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 C:\CD\ORD\ORD480\480.94 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 2.1912 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tracts 6D and 6F, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural and "CS" Community Service to "CS" Community Service. C:\CD\ORD\ORD480\480.94 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 not be affected by this ordinance but may be prosecuted until final C:\CD\ORD\ORD480\480.94 Page 3 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. PASS -ED AND APPROVED on the 1st reading the day of 1993. YOR ATTEST: SC-). ....... •4c I TY SECRETARY 11"11IN11111NN��,` PASSED AND APPROVED on the 2nd reading the day of 19 9 ;'i%ann01118" H L A Ir S Q0 ATTEST: M1 � •• i �j i TY SECRETARY APPROVED AS TO FORM AND LEGALITY: (A)1. o4V` CITY ATTORNEY DATE: ADOPT EFFEC C:\CD\ORD\ORD480\480.94 Page 4 EXHIBIT "A" That ULVERLY URAULEY being a 1 rue tan fur the FIRST bAN T I ST CHURCH UI' SOUTHLAKE. TEXAS belny Via owner of tha fullowiny described tract of land to wit: ALL of that t.or to 1 r. tract tit parcel of land & i tua tod I n the U. W. KNIGHT SURVEY. Ab&tract No. b99, Tarrant County, Taxa& and ambracinil the I Acre tract de4crlbad In tho Dead to Trustoes of tho Corral Road boptl%t Church rocordad In Volume 4929. Page 356. Oeod RaLords. Tarrant County. Toxa& arxf emucacing the ramalndor of the tract da*;crIbad In the Dead to The Community 8aptlwt Church racurdod In Volume 7517, Fade 514. of &aid Dead Records and described by motor and boundis a& follows: bod 1 ttrt 1 nti at a. 1/2 inch traE•l•dd & tee I rod &tamped "Muak Surv. Inc." fur the Southoast turner of said 1 Acro tract and boing In the approxlatato renter 1 i ne of South Carrot KoaJ : THENCE South 85 degrees. 37 minutam 29 &oconds West with the South txxrndary I 1 no of sa 1 d 1 Atrro tract 209. bS feet to a 1/2 Inch capped & toe 1 rod s ta.aped "Moak Surv. Inc." for the Sou th+os t turner of sante attd the Nurtheast corner of the Tract do6cribod In the Dead to boar Creek Coawwunitlea. Ir.c. recorded In Volume 9899, Patio 1125. of .aid Dead Rocord6 a1►d trd i rtd in the Eestor 1 y boundarj 1 1 nto of &aid Community 8apti►t Churtrh tract: It1ENCE Suutri by dayt ao& J4 minutc& 41 6'ocortds Woat with Via Nurti► uuuf►dary lino df said boar Crack Communities Tract 244.70 foot to a 112 inch trapped 6•ton1 rud stamped 'Moak Surv. Inc." fur the Northwast uut nor of i date and ba I ny I n the Wo&tor 1 y boundary t i tie of 6a t d Cumwuni ty bapt i 6 t Cr.urcrt trau t: itiLNt-E Not -Ah UO Joyroca Oy .nit.uto6 00 &ecund& Nast with 6410 Woatorly twundary Ilea of the Community baptist Church tract 212.21 fact to 518 irxrh stool rud found fur the Nurthwact turner of &amd: THENCE South 89 dogs -cot. 41 m 1 nu tali OU socurtds Eaa t with the Nur tt►or I y boundary line of sa I J Cuigtmun i ty baptist Churtrh tract 189. oG feet to a Sib 11u:h 6 too i rud for a Nur thor 1 y wrnor of same: 1HENCE: North 85 ucy. oos 37 .atnutoo. 27 &cuund6 La6t contlnulny with %a 1 d Nor ther 1 y boundary I I na b4.22 passing a li 2 inch s too 1 rud found fur tho NurUica►t uurr,ar of 6a Id Coma.unity bapti&t Chn,rch trout and Via Northwast cornor of said 1 Acre tract. in all 263.94 foot to a 11Z Inch capped %tool rud &tamped "Mesal: Surv. InC." fur the Northeast canter of sin i d 1 Acre trac. t be 1 ny In the approx 1 ate to center I i na at South Carrol Road: 1HL4CE Stx,th OO doyroc& 21 minute& .!2 socunds Ea6t with the Laatarly txx,ndary I I no of 6a t d 1 Acre tract and yonora I l y with the con for l i t.o of 6a1d road 209. IZ foct to ilio NIauo ..f boy1tillirty and outttoining -1912 Pcra& of land. mutt ui' 10►6. C:\CD\ORD\ORD480\480.94 Page 5 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 iiiSTATE OF TEXAS ty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared RITA CORONA 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 : CITY OF UTHLAKE, ORDINA O.480-94 AN ORDINANCE AMEN . DATE AD INVOICE NO. DI Pp�OO DpstCC�.No o =— AD SIZE INCH/LINE RATE AMOUNT SEP 10 2541997 CL. 358 CENENNEAA,u, NIONGI 1X87 L 87 . 43 37 . 41 IN Sept • 10 ' UTHL N Ef A�T F �85 N�`iy-*r HRAP R' ET LAA.19 OUg Th F SgTrN1AHTNO. 8VEEETI AqCTS `DandQ&,. NDM REEE�FULy-- RYYYYe,000?'.. XAH l puMLTMUURNITY Sp�NG�wC O `"'CS" COMMUNIT R- IVECbTE fiAPEIStON'IvAig.11)IGEE q9,'REI TITHENPnI AL ZNGIN� OP'HR 5 R- }H�TN ,R,, LF IN G ED 1 CSMASTX)...- 41111BscRIBED AND SWORN ryAr�MOW r L 1 THIS THE fAYOF Se t 1993 yeriElifiq NGE AYn NN NOTARY PUBLIC N D G CY-Ze--4d-e--e, NAIN�E SHALLg i��R� �� iv tAL TSIVE8FADLIR- I TARRANT COUNTY, TEXAS -- Y 1. `14N l RV ALAFIBONI�PFI�RV�A ,J--iF A N F'RR�+VI`ATryI 1 y�f'F`�E+1 ys j�� yNyl N pFTE qPN C� hNIDINGAAN�_FF C IV DATE. SectIon7 Anvperson flrmpr corporatIor�who violates,dl- sopeys,om ts,ne91 s or re- fuses to comply withor who r6siststheenfor tofanY �� TEAR ALONG THI t�anceshaiisbeflne hIcl liars TURN THE LOWER PORTION WITH YOUR PAYMENT—� Each d00)ay for eachshat a oten Is r al tteparaiestoffehr°,iec«'stI REMIT TO : 400 W • SEVENTH, FW, TX 76102 CPbAV LIMN* N1 CIT V,FnQ I SEPRTEMBE 7 1T A-15-°N F.c'�1'I 1 C: v' X cX �� 'X �� 2051\ EortpthStar. /s/Gary Fickes r Mayor In gCCOUNT AMOUNT ��,,,��ff��rrr 1 NUMBER CIT57 37 . 41 ** ;;;,�f�'/�___f//�'' ATTEST: DUE �Qy'�g ,/f �'i I / /S ndra L.LeGrand � � � ,' fir 'y`� i, C�N�ecretary t. APPROVED AS TO FORM: I14 /ss//yAE.Alttoleney Taylor,Jr. Clarn S CITY OF SOUTHLAKE 667 N CARROLL AVE - PLEASE PAY 37 .41 SOUTHLAKE TX 76092 9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED forIWorth Star-Telegram 41'00 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 T STATE OF TEXAS Ili ty of Tarrant efore me , a Notary Public in and for said County and State , this day personally appeared RITA CORONA 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 : NOTICEOF PUBLIC CC HEARING GG EN TOE ALLFINTERESTED PER SONS that the City C�olon- -__. ....._ ---.__ ._.--__-- di of the City of Southlake, -- ---_ ....-_. DATE I AD INVOICE NO. DESCRI f3irwlIlbe g IthIe9R epguba� AD SIZE RATE AMOUNT .---.... ._a_-- - _._------- City Council r*�eetingg to be —. __._-- neld on September7 1993,be- AUG 27 2532641 CL . 358 ingnwlllabe heldnln}}e j 1X71 L 71 . 43 30 . 53 Council Chambers of City a u g 2 7 Hall,667 North Carroll Ave- nue, Southlake, Texas. The purpose of the public hearing s to consider the following or- dinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-94 An Ordiance amending Ordi- nance No. 480, as amended, the comprehensive zoning or- dinance of th City of South- lake,Texas;grantingazoning change on a certain tract or tractsof IandwlthlntheCltyof Southlake, Texas being ap- roxctlmately A 2.1912 acre KnightfSlurveyy,Abstract No. 899, tracts 60 and 6F, and more fully and completely de- "CS"CS" o In unity s vice sub- 'AG" agricultural and "CS"community service sub- r lect to the specific require- ments contained In this ordl- S C R I B E D A D SWORN T O , nance;Correcting the official .S THE 2 t h D q Q AUG T 1993 zoning map; Preserving allAr I otherportlonsofthezoningor- NOTARY P U:L I C ,c,z .eep dinance;Determinlingthatthe i 1 public Interest, morals and general welfare demand the zoning changes and amend mry1eents herein made; Provid- TARRANT CO NTY , TEXAS Ingthatthisordlnanceshallbe cumulative of all ordinances; ,;a,-i��4 Providing a sgeve forrabllit al- I t. s,te MMI vidSUE inofficial views p cechereof; agse aPthe �� '.....F+ter COC�O= S!ding di on an effective date. r violations person,reo;Pro- , . • corporation who oltes or �pbeys,omits,neglects or re- 1 fuses to comply with or who I rgslststheenforcementofanyy of the provisions of this ordl- 4I na^cecesNhall be fined not ore —TEAR ALONG THIS P: oo0.og) for each offense. iN THE LOWER PORTION WITH YOUR PAYMENT ach day that a violation Is permitted toexist shal I consti- City ofrSouthlake Texas i SandraL.SLeGrrad'anREMIT TO : 400 W . SEVENTH, FW , TX 76102 fort Worth r-Tel e g ra m ACCOUNT AMOUNT 2532641 NUMBER CIT57 DUE 30 . 53 PAGE itbF 1 • CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE — IPLEASEPAY i. 30 . 53 SOUTHLAKE TX 76092 9595 THIS AMOUNT ATTN : FAX PLEASE WRITE IN AMOUNT ENCLOSED