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480-113CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -113 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 8.345 ACRE TRACT OF LAND OUT OF THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525 AND BEING A PORTION OF TRACT 1 OF THE W.E. MAYFIELD SUBDIVISION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "C -3" GENERAL COMMERCIAL DISTRICT AND "AG" AGRICULTURAL TO "C -3" GENERAL 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 "C -3" General Commercial District and "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 C: \WPF \ORD \480.113 Page 1 ingress and egress points for parking and off - street loading 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 8.345 acre tract of land out of the Samuel Freeman Survey, Abstract No. 525, and being a portion of Tract 1 of the W.E. Mayfield Subdivision, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. C: \WPF \ORD \480.113 Page 2 From "C - 3 " General Commercial District and "AG" Agricultural to "C -3" General Commercial 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: \WPF \ORD \480.113 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. PASSE AND APPROVED on 1994. •�`• S0� Z N L q r : .. PA S D AND APPROVED on s r ]> �• =tJ1 v' t he 1st reading the ` day of ATTEST: CI TY SECRETARY the 2nd reading the day of MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: � & o'-- CITY ATTORNEY DATE: ADOPTED: AzOo EFFECTIVE: a-�g Gr�i - SECR - ET2 -- C: \WPF \ORD \480.113 Page 4 EXHIBIT " A " BEGINNING at an iron pin in the West line of said Tract 1 and the East line of Bluebonnet Drive, said point being N 0 08' 30" E 436.0 feet from the Southwest corner.of said Tract 1; THENCE N 0 08' 30" E along the West line of said Tract 1, 458.0 feet to an iron pin in the Easterly R.O.W. line of Farm to Market Highway No. 1709, said point being in a ' curve having a radius of 1004.88 feet and whose Long Chord bears N 7 07' E 178.35 feet; THENCE with the arc of said curve and said R.O.W. line 178.6 ' feet to an iron pin in same for corner; THENCE N 43 39' E 119.2 feet continuing along said R.O.W. line to an iron pin in the south R.O.W. line of State Highway No. 114, said point being in a curve having a radius of 5619.58 feet and whose Long Chord bears S 82 14' E 377.6 feet; THENCE with the arc of said curve 377.6 feet to an iron pin in same for corner; THENCE S 0 11' W 818.9 feet to an iron pin for corner; . THENCE N 72 41' W 499.6 feet to the POINT OF BEGINNING and containing 8.345 acres. C: \WPF \ORD \480.113 Page 5 Fort Worth Star-Telegram 400 W.SEVENTH 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 Sheila Brown 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 AD INVOICE NO. DESCRIPTION AD SIZE RATE AMOUNT INFHILINE MAR 18 2639616 CL • 358 CITY OF SOUTHLAKE 1X65 L 65 • 46 29. 90 mar 18 ORDINANCE NO.480-113 An ordinance amending Ordi- nance No. 480, as amended, the CoTgo 1rhe Ci i;oZSoonuinhg rake,Texas;grantingazoning ..... change on a certain tract or tracts of IandwlthintheCityof Southlake, Texas being ap- proximately - -- - - -- a 8.345 acre tract of landoutof the Samuel Free- man Survey,Abstract No.525 and being_a portion of Traci 1 of theW.E.MayfieldSubdivi- -- -- - - --- --- - sion,and more fully and com- pletely described In Exhibit "A" from "C-3" General Commercial District and 'AG" Agricultural to"C-3" I General Commercial District sub led to the specif is reou i re- ments contained In this ordi- nance;correcting the Official - - 1 Zoning Map; preserving all other portions of the Zoning 41. Ordinance;determining that • D �� - UBSCRIBED AND SWORN T than geneat9zonr Interest, morals iingwclhangesmandfHIS HE 18 D OF March 199 amendemnts0 thherein made; NOTARY PUBLIC da- 16 providing that this ordinance _ , shall becumulativeof allordl- nances' providing a severa- bllity clause;providing for a penalty for violations hereof; providing a savings clause; T ` R R A N T C O L N T , TEXAS providing of publication in the official newspa r; and pro- viding an effective date. Section 7.Any person,firm or corporation who violates,di- pv `�� sobeys,omits,neglects or re- G"'"••�d4� fuses to comply with or whoINDA K. BLEVINS resiststheenforcementofanyy :::::c...;. ' ':: .'of the provision of this ordi- �` ?'% CrMMiSSiONEXPIRESHance stealI be fined not more �� `"' S�PTEMBER13, 1997than Two Thousand Dollars •+�s(S2,000.001 for each offense. �!";F' F_ Each day that a violation is ``, permittedtoexistshall consti- tute a separate offense. PASSED AND APPVROVED _ -TEAR ALONG THISCounnc ldthisdthe 15thidaylof TURN THE LOWER PORTION WITH YOUR PAYMENT March 1994. Gary f'Ickes, Mayor of Southlake Attest: SandraL.LeGrand, REMIT TO : 400 W. SEVENTH , FW, TX 76102 City Secretary Passed and Approved As To Form: W Ei.,All len Ta Y r,Jr. F';E�'V�il� (:: :► • X X X X XX 1-2051 Forprth tar-i ie ACCOUNT NUMBER C I T 5 7 AMOUNT DUE 29. 90 1 I PAGE OF 1111 CITY OF SOUTHLAKE 667 N CARROLL AVE 29.90 1 SOUTHLAKE TX 76092-9595 PLEASE PAY THISAMOUNT , ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E 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 : DATE ' AD INVOICE NO11 DESCRIPTION AD Si;E '' ,I I AMOUNT MAR 04' 2632435 CL . 358 1 NOTICE 1X61 L 61 PUBLIC ARING • 46 28.06 mar 4 NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that theCitvCoun- --- -- - - --- -- c°° of the City of Southlake, 1 as,will beholding a public b vino during the Regular • .r Council meeting to be ddon March.m. 199 begin- ng at 7:00 p.m.the meeting kill be held in the Cliv Council 1 Chambers of City Hail, 667 North Carroll Avenue,South- - 1 lake, Texas. The purpose of the public hearing is to consid- er the following.TY ordinance: F inance: SOUTHLAKE TEXAS ORDINANCE NO.480-113 An ordinance amending Ordi- nance No. 480, as amended, The Comprehensive Zoning Ordinanceof theCityof South- lake,Texas;a cantingazoning �__/� f i change la a certain eCitract or N E D �` tractsoflandwithinihe Ifvof Southiake, Texas being ap- SUBS CRIBED AND SWORN proxlateiva8.345acretrad THIS —THE PU• A Of I 9 manS outof uelFree- 7 t k MAR H 1994 el `� man Survey,Abstract No.525 L I C I�/� f r A�rr • and beinga portion of Tract 1 ir of the W.E.Mayfield Subdlvi- -+���� slop,and more fully edin E com- ��1lY.P,e y letely described In Exhibit? ti 'A" from 'C-3" General ���_ � Commercial District and T ' RRANT COUNTY, TEXAS r AG"Agricultural to"C-3" Si,�, /7 General Commercial District ~ff.... ..sr, mbiectt ntaispecific eedd Ini reauldi- ``h: Hance;ccorrecting the Offical 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 becumulativeof all ordi- a- bility clause;providing for a AIL '4'..... penalty for violations hereof; „..---TEAR ALONG T providing a saving9s clause; RETURN THE LOWER PORTION WITH YOUR PAYMENT--, provfdin for publication In y the official newspaper and providing an effective date. City of Southiake,Texas Sandra L.LeGrand REMIT TO : 400 W . SEVENTH , FW, TX 76102 City Secretary FortpithStar.Telegram ACCOUNT C I T 5 7 AMOUNT NUMBER DUE 2 8 :0 6 1 1 PAGE OF CITY OF SOUTHLAKE S N 667 N CARROLL AVE SOUTHLAKE TX 76092-9595 PLEASE ASE PAY AMOUNT 28.06 ATTN : SANDRA LE GRAND PLEASE WRITE IN AMOUNT ENCLOSED