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480-110CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -110 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 15.49 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING A PORTION OF TRACTS 2A, 2B, AND 3D1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO "CS" COMMUNITY SERVICE 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 C: \ORD \ZONING \480.110 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 15.49 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tracts 2A, 2B, and 3D1, and more fully and completely described in Exhibit " A, " attached hereto and incorporated herein. C: \ORD \ZONING \480.110 Page 2 From "AG" Agricultural to "CS" Community Service 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. 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 C: \ORD \ZONING \480.110 Page 3 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. Z SSE AND APPROVED on the 1st OR O''S p S,Cj F S v �c :a � co ' /• /i.. �'••* " fir • •..0�� reading the / day of ATTEST: *IT Y U S EdCR'IE . . PA SED AND APPROVED 1994. on the 2nd reading the day of '�'•�� ,R �F-A +© OR : APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 1 ADOPTED: EFFECTIVE: ATTEST: hW � kLt" ITY SECRETARY C: \ORD \ZONING \480.110 Page 4 r- OR ATTEST: hW � kLt" ITY SECRETARY C: \ORD \ZONING \480.110 Page 4 EXHIBIT " A " Being 15.49 acres of land out of the Littleberry G. Hall Survey, Abstract 686 in Tarrant County, Texas and being more particularly described by metes and bounds as follows: Beginning at a fence corner, being the northeast corner of a tract of land deeded to W. Ralph Evans as recorded in Volumie 4543, Page 782 of deed records of Tarrant County, Texas. THENCE South 1 degree 7 minutes 0 seconds East, a distance of 165.14 feet to a point for a corner; THENCE South 1 degrees 57 minutes 27 seconds East, a distance of 161.19 feet to an iron pin for a corner; THENCE South 2 degrees 4 minutes 37 seconds East, a distance of 227.34 feet to an iron pin for a corner; THENCE South 1 degree 42 minutes 24 seconds East, a distance of 610.55 feet to a point for a corner; THENCE South 89 degrees 24 minutes 42 seconds West, a distance of 580.00' feet to a point for a corner; WENCE North 1 degree 43 minutes 47 seconds West, a distance of 1164.42 feet to a point for a corner; THENCE North 89 degrees 26 minutes 0 seconds East, a distance of 580.00 feet to a fence corner, being the point of beginning and containing 15.49 acres of land more or less. C: \ORD \ZONING \480.110 Page 5 Fort Worth Star-Telegram 400 W.SVENTH STREET•FORT WORTH,TEXAS 76102 4111 STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M RIVERA 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 : TOTAL DATE 1 AD INVOICE NO.T DESCRIPTION AD SIZE 1 INCH/LINE RATE AMOUNT MAR 04 2632453 ',CL • 358 LAYOF 1X63 L 63 . 46 28 . 98 SOUTHLAKE TEXAS mar 4 ORDINANCE NO.480-110 An ordinance amending Ordi- nance No. 480, as amended, the Comprehensive Zoning Ordinanceof theCityof South • lake,Texas,grantinga zoning charge on a certain tract or fractsoflandwithintheCltyof - -Southiake, Texas being ap- proximately 15.49 acre tract of landoutoftheLlttleberrvG. Hall Survey Abstract No686, being a portion of Tract 2A, 2B,and 3D1,and more fully and completely described in Exhibit'A"from"AG"Agri- cultural to"CS"Community Service District sublect to the specific requirements con- tained in this ordinance;cor- recting the official zoning map;preserving all otherpor- _...... tions of the zoning ordinancece determiningthatfhepubllcIn- , rgO-e--A_C� terest, morals and general 1E) aC welfare demand the zoning AND SWORN charges and amendments herein made;providing that T M"IS-- T H E •7 t A Y OF MARC 994 •SUBSCRIBED lati ordinance shall veof ; cumu- NOTARY PUBLIC del vprovid- idi severabl l lty clause;pru- i ,iP `^�n vlding for a penalty for �, t „"'•"".. violations hereof;providing a ��.� h ,, savingsclause;providing9for TARRANT COUN , TEXAS �?.;`c :t Publication andi the providingofficial �s+ newspaper, an effective date. i..•. person,,��iF......•1''....>'corporation violates,dlr `,of sobeys,omits,neglects or re- fuses to comply with or who resists theenforcementof any • of the provision of this ordi- nance shall be fined not more i than Two Thousand Dollars (52,(00.00) for each offense. EEach day that a violation Is permitfedtoexist shall consti- tute a separate offense. Passed and Approved In sec- ond reading bytheClt Coun- -TEAR ALONG ')944. is the 1st day of arch, ETURN THE LOWER PORTION WITH YOUR PAYMENT-- Gary Fickes, Mayor of Southlake Attest:Sandra L.LeGrand ' City Secretary Appprovedoved As REMIT TO : 400 W . SEVENTH, FW, TX 76102 To Form: Wayne K.Olson, City Attorney Fortp;thStar-lelégram- Ff': ►' �• X.XXXXX %Xx �L,-2051 ACCOUNT CIT57 AMOUNT • NUMBER DUE 28 .98 1 1 PAGE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE IPLEASEPAY SOUTHLAKE TX 76092-9595 THIS AMOUNT 28 . 98 ATTN : SANDRA LE GRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W SEVENJH STREET•FORT WORTH,TEXAS 76102 41 E STATE OF TEXAS my 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 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 : __.r TOTAL DATE AD INVOICE NO.' DESCRIPTION AD SIZE INCH 1INE RATE AMOUNT ___...-i FEB 18 2624844 CL • 358 NOTICE OF 1X 57L 57 . 43 24 . 51 PUBLIC HEARING f e b 18 NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the Clty Coun- cil of the City of Southlake, Texas,will beholding a public hearing during the Regular City Council meeting to be I held in the City Council Cham- tiers of City Hall. 667 North Carroll Avenue, Southlake, Texas.Thepurposeofthepub- lic hearing Is to consider the following ordinance: CITY OF SOUTHLAKE. TEXAS ORDINANCE NO.480-110 An ordinance amending Ordi- nance No. 480, as amended, the comprehensive zoning or- dinance of the City of South- lake,Texas;granting a zoning change on certain tract or tracts of IandwithlntheCltyof Southlake, Texas being ap- proxlmatelyY a 15.49 acre tract N E 4111 y of IandoutottheLlttleberryG. •UBSCRIBED ' Fr SWORN beingapo�tionsoft,acrs2A, T IS THE 18t A +F FEB. , 1994 2B,and 3D1,and more fully and completely described in NOTARY P U L I C / L.flExhIbit"Afrom',AG,'Agri- c4ultural to"CS"Community 4 )41Arb.. �,, ServiceDistrictsublecttothe specific this remenc con- TARRANT COUNTY TEXAS '.n�i taied In this ordinance;cor- ,. i recting the official zoning Lmap;preservingallotherpor- -, tions of the zoning ordinance; 4.,,11... Of t�+w `deerermi morahs tandpgeneral welfare demand the zoning changes and amendments herein made;providing that this ordinance shall be cumu- lative of all ordinances;pro- viding a severabllityY clause; providing for a pena if yf or vio- lations hereof; providing a savings clause;providing for publication in the official newsppaper;and providing an effective date. TEAR ALONG Tf SandraSL.LelGkandTexas RETURN THE LOWER PORTION WITH YOUR PAYMENT City Secretary REMIT TO : 400 W . SEVENTH , FW, TX 76102 F,E81;l ,'G': iN. XX d X41X i X Dk00GMr#0006cX0( ..,1-2051 For t h tar-Tele r 6 gam ACCOUNT C I T 5? AMOUNT 24 . 51 NUMBER DUE 1 1 PACE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE 24 . 51 SOUTHLAKE TX 76092-9595 IPLEASEPAY THIS AMOUNT lb, ATTN : PLEASE WRITE IN AMOUNT ENCLOSED