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480-106CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -106 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 3.351 ACRE TRACT OF LAND OUT OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, TRACT 2B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO "C -2" LOCAL RETAIL COMMERCIAL 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 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 spaces, and protection of public health by surfacing on all parking C: \ORD \480.106 Page 1 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 3.351 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, Tract 2B, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "C -2" Local Retail Commercial District. C: \ORD \480.106 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: \ORD \480.106 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. l PASSED D gw V . - U I A -­ Afir .0 \1 I #�*, .......... Wo cp... _... APPROVED on 1994. the ist reading he day of kYO�Rv ATTEST: CITY SECRETARY SSED /AND APPROVED on the 2nd reading the day of 1994. 9*15% MAYOR 0 51pe Z4,. .-* % ks S ATTEST: L 01 L4mooL," 1 til SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: EFFEC C:\ORD\480.106 Page 4 EXHIBIT "A" DESCRIPTION ALL of that certain tract or parcel of land situated in the W. R. EAVES SURVEY, Abstract No. 500, Tarrant County, Texas and embracing the Tract described in the Deed to Joann Sutton. recorded' in Volume 7103, Page 606, Deed Records, Tarrant County, Texas and described by metes and bounds as follows: BEGINNING at a 3/4 inch steel rod found for the Northeasterly corner of said Joann Sutton Tract and being in the Northwesterly right of way line of Farm to Market Highway No. 1709; THENCE South 51 degrees 17 minutes 40 seconds West with the Southerly boundary line of said Joann Sutton Tract and said Northwesterly right of way line 835.39 feet to a 1/2 inch capped steel rod stamped "Moak Surv. Inc." for the Southerly corner of said Joann Sutton Tract; THENCE North 08 degrees 35 minutes 12 seconds West with the Westerly boundary line of said Joann Sutton Tract 403.98 feet to a 1/2. inch capped steel rod stamped "Moak Surv. Inc." for the Northwesterly corner of same; THENCE North 80 degrees 12 minutes 25 seconds East with the Northerly boundary line of said Joann Sutton Tract 722.76 feet to the place of beginning and containing 3.351 Acres of land, more or less. C: \ORD \480.106 Page 5 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • STATE OF TEXAS ntY of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared PENNY GRAY Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in TaPrant 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 AD INVOICE NO. DESCRIPTION AD SIZE INCH/UNE RATE AMOUNT JAN 21 c611513 CL • 358 NNGICEOFPUBLICHEAR ],X861L 8L +3 36 . al A 98 ; NOTICE IS HEREBY GIV- j a n1 EN TO ALL INTERESTED PERSONS that the CityCoun- cil of the City of Southlake, Texas,will beholding a public hearing during the Regular Citycouncil meeting@to beheld on February 1, 1994, begin- ning at 7:00p.m.The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of thepubl is hearing is toconsid- er the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDIANCE NO.480-106 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS EHENSIIVEZONINGOR- DINANCEOF THE CITY OF SOUTHLAKE TEXAS GRANTING A ZONING CHANGE ON A CERTAIN `f1/V�M TRACT OR TRACTS OF D LAND WITHIN THE CITY UBSCRIBED AND SWORN T( OF SOUTHLAKE TEXAS HIS THE 21st AY OF JAN 994 BEING APPROXIMATELY NOTARY PUBLIC 410 A 3.3ND ACRE TRACT W.F. OF �� , ' +�'gZi��aMt LAND OUSURVEYE AB- iG. •.y h �' ,,„) -I AND MOROE 3FULLYCANL, • ''•»% CON SCRIBEDA NEEXHIBIT"A'- TARRANT COUNTY, TEXAS 4 ": FROM "AG" AGRICUL- VI• . •• : SEP' TURAL TO "C-Z" LOCAL �hk...• �-- L RETAIL COMMERCIAL ��HO DISTRICTS SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS THENOFEICIIAL ZONING MAP PRESERV- ING ALL OTHER POR- T IONS OF THE ZONINGOR- DINANCEJ DETERMINNG THAT THE PUBLIC INTER ERTALA WELFARE GDE- _.. MAND THE ZONING --- TEAR ALONG THIS MENTSEHEREIINAMADE URN THE LOWER PORTION WITH YOUR PAYMENT PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES,PYOVIDINGE REMIT TO : 400 W . SEVENTH, FW, TX 76102 SEVEASU PROVIDING FOR A PEN- ALTY FOR VIOLATIONS -- HEREOF; PROVIDING A For thStar SAVINGS CLAUSE PRO- F.EN?f� ':C: 9(«XOQOp�(1�51(Xg( X1QgQ �(XFXXO(I,6�p1-2051 VIDING FOR PUALICA- TION IN THE OFFICIAL NEWSPAPER AND PRO- VIDING AN EFFECTIVE ACCOUNT AMOUNT 6 DATE. NUMBER C I T 5 7 DUE 36. 98 i i/,,��l Section7.Any person,flrmor 6 � e`, f ,! d' ; corporation eys, who violates, i- omior r ,% fuses to comply with or who ' a-'yr resists theenforcementof any � ttiy 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 Coexist shall consti- tute a separate offense. City of Southlake,Texas Sandra L.LeGrand City Secretary S CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 36.98 SOUTHLAKE TX 76092-9595 THIS AMOUNT1 ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 4111 STATE OF TEXAS my of Tarrant 3eflore me, a Notary Public in and for said County and State, this day personally appeared PENNY GRAY 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 rAD INVOICE NO.I DESCRIPTION AD Si;I- ,I P1 f r AMOUNT FEB 04' 26117769 CL . 358 1X61 L 61 . 43 26.23 I f e b 4 CITY OF SOUTHLAKE, TEXAS _ _.... ORDINANCE NO.480-106 An Ordinance amendingOrdl- I nance No. 480,as amended, the Comprehensive Zoning Ordinance oftheCityofSouth- lake,-Texas;Granting a zon- ing change on a certain tract or tracts of land with the City I of Southalek,Texas being ap- proximately a3.351 acretract of land out of the W.R.Eaves Survey Abstract No. 500 Tract 2B,and more fully and completely described In ex- _._ _. ..... _....... . .. habit"A"from"AG"Ag rlcul- tu ra l to"C-2"local retail com- mercial district subiect to the specific requirements con- tained in this ordinance;Cor- recting the official zoing map; Preserving all other portions ,,E of the Zoning Ordiancne;De- termining that the public In- óBSIBED - ADD- SWORN serest, morals and general THIS THE no ;:EB. ,welfare demand the zoning4tPT 19 changes and amendments `� herein made; Providing that NOTARY PUBLIC ")•1 thisOrdlnanceshaltbe Fol: _iRY•P��li lativeof all Ordinances Pro • ?4 ' •-,,11 viding a severability clause; r r+3 Providing fora penalty for T A R R A N T C O O N , TEXAS _.. �'� ; 0 violations hereof;Providing a J� 14 savings clause;Providingtor �7 .+rr publication In the official 444 •••-kt. newspaper; r;and providing an a effective Section 7.Any person,firm or corporation who violates,di- sobeys,omits,negl lects or re- fuses to comply with or who resists theentorcementof any - _.... I ance sf the hall provisions fineof d this more than Two Thousand Dollars (S2,000.00) for each offense. Each day that a violation Is permittedtoexist shall constl- tote a sppa rate offense. TEAR ALONG TI-PASSED AND APPROVED �— IN SECOND READING BY IETURN THE LOWER PORTION WITH YOUR PAYMENT THE CITY COUNCIL 'PHIS THE 1ST DAY OF FEBRU- ARY 1994 GARY FICKES AT EOST:OSANDRA SOUTHLAKE LE REMIT TO : 400 W • SEVENTH, FW, TX 76102 GRAND CITY SECRE- TARY APPROVED AS TO FOR::WAYNEY.OLSON, FiE!Virl.•i C: p X. XXX4,00d X 4XX XX*XXXXX*Xo1-2o51 Port t h Sta -ieie rim 6 ACCOUNT C I T 5 7 AMOUNT 26. 23 NUMBER DUE I 1 I PAGE OF CITY OF SOUTHLAKE 111/ 667 N CARROLL AVE 26. 23 1 SOUTHLAKE TX 76092-9595 PLEASE PAY , THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED