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480-121CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-121 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 A 6.0754 ACRE TRACT OF LAND SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, AND BE1NG A PORTION OF TRACTS 3C AND 3D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "C-2" LOCAL RETAIL COMMERCIAL, 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, ~norals 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 Page 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 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, TItEREFORE, 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 a 6.0754 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tracts 3C and 3D and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. Page 2 From "AG" Agricultural to "C-2" Local Retail Commercial. Section 2. That the City Manager is he[eby 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 zooing 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 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 Page 3 place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinancc 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. PASSED AND APPROVED on the 1st reading the ~ day of ~fffl-]'" _, 1994. ~q ~ 'k 'R ~*~ ATTEST: PASSED AND APPROVED on the 2nd reading the I/ day of /',/'/_,~,(~ , 1994. ATTEST: qITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ADOPTED: ~/7] /~)~ EFFECTIVE:~ ~)! /q~/~ Page 4 Being a tract or parcel of land situated in the City of Southlake, ~?arrant ~ounty, Texas, and being out of the Littleberry G. Hall Survey, Abstr'act ~6, and being part of that tract of land conveyed to J.P. Truelove by deed recorded in Volume 9745, Page 421, Deed Records of Tarrant County, Texas, and being more particularly described as follows: Commencing at a 5/8 inch iron rod set at the Northeast corner of a tract of land conveyed to the State of Texas by deed recorded in Volume 9745, Page 421, Deed Records of Tarrant County, Texas; said point being in the north Line of F.M. 1709, said point also being the beginning of a curve to the right whose chord bears S86°53'16"W; THENCE SVesterly along the north Line of said F.M. 1709 and along said curve to the right having a central angle of 2°5~'18'', a radius of 5659.58 feet and an arc length of 100.1 to the POINT OF BEGINNING; THENCE continuing along said curve to the right an arc length of 190.14 feet to the end of said curve; THENCE N88°57'44"W continuing along the north line of said F.M. 1709, a distance of 968.02 feet to a point for corner, said point being in the centerline County Road Number 3123; THENCE N05°43'04"W along the centerline of said County Road Number 3123 a distance of 236.4:{ feet to a point for corner, said point also being 235 feet perpendicular distance from the north line of said F.M. 1709; THENCE S88°57'44"E 1161.96 feet to a point for corner; THENCE S01°33'31"E approximately 223.1 feet to the POINT OF BEGINNING and containing 6.0754 acres of land more or less, including a proposed street right of way and drainage easement or 5.48 net acres of land more or less. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS ty 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 : DAME AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH:UNE - CITY OF SOUTHLAKE, MAY 20 2675808 CL . 358 ' ORDINANCE NO.480-121 1X 76L 76 . 46 34 . 96 AN ORDINANCE AMEND- ma 20 ING ORDINANC NO. 480, Y AS5 AMENDED THE COM- --- - -- _--- PREHENSIVEtONINGOR- SSOU HLAKEHETEXAS,. GRANTING A ZONING` CHANGE ON A CERTAIN TRACT OR TRACTS OF I OF SOND UTHLAKTHE HTEXIAS TRACTT OF LAND SITUAT- ED IN THE LITTLEBERRY G. HALL SURVEY, AB- TRACT NO. 686 AND RACTS 3C ANDT3D NAND MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT"A"FROM"AG" AGRICULTURAL TO"C-2" LOCAL RETAIL EQUIR E CIAL SUBJECT TO THE SPECIFIC REQUIRE-. MENTS CONTAINED IN,NE 1 THIS ORDINANCE. COR- RECTING THE OFFICIAL IIII I{ 20I AY OF MAY 199 A,,AYX: I'n.4,004.11104.0. BSCRIBED ANID SWORNIZONINGMAP. PRESERV-r 410 ING ALL OITER NING • - �i TIONSOFTHEZONINGOR- NOTARY PUBLIC . I " DINANCE DETERMINING THAT THEPUBLIC INTER- EST MORALS AND GEN- MAND THE AZONING TARRANT COU TY, TEXAS CHANGES AND AMEND- MENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BEUMULATIVE OF ALL OR- •INANCES PROVIDING Ais...„,w..,4NAsiiiiiirmik~v46..4"..46~.6.1 .%t'4CIf�'DEVERABILITY CLAUSE; r�iROVICLA FOR R VID- "! COMMIALTY CLAUSE PROVID- rrrING FOR PUBLICATION IN A- - �= SEP7EM THE OFFICIAL PROVIDING - 1`4`o` = PER ACCTIVE DATE. EFFECTIVE AnDvperrson firm or corporafrlon who violates, disobeys, omits, neg lects or TEAR ALONG esisis tocompllywllh rwhyo D RETURN THE LOWER PORTION WITH YOUR PAYMENT- of of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars y) eachoffense. Each day that a violation Is REMIT TO : 400 W . SEVENTH, FW, TX 76102 tuts a separate offense. -- -------- --- - PASSED AND APPRVED �pq,�)6�7o�rq yp�p pp�I�y�7 y7�p� ON SECOND READING, �Eti�IT TO: ► .K7\"/ /l/Q7Q/�Y�T'A7�'R'/�/lT'/C�1-2051 Fort WorthDURING THE CITY DING, CIL MEETING HELD ON MAY 17 1994. ra m MAYOR,GARY FICKES ACCOUNT AMOUNT 2675808 GRAND,CITDYRSECRE- NUMBER CIT57 DUE 34 . 96 TARP CITY ATTORNEY FORM: AL- LEN TAYLOR JR. 1 PAGE yr CITY OF SOUTHLAKE 11/1 667 N CARROLL AVE PLEASE PAY 34 . 96 SOUTHLAKE TX 76092-9595 THIS AMOUNT ► ATTN : SANDRA LE GRAND PLEASE WRITE IN AMOUNT ENCLOSED __. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 410E STATE OF TEXAS unty 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 : NOTICE EORFIYG IV OTI E IS HER C NE TUC INT EST EL, PERSONt+atthe uthia n II of the City of Southlake, exas,will be Idingaoubllc DATE AD fNVOICE NO i D ►�geearing during the Regular AD SIZE I TOTAL RATE AMOUNT -_.. . -- CItY Council meetingg b�leoggbe INGHILINE held on M pm.Th9ee4meetinn MAY 06 2667585 CL • 358 wR� t�°�inihec,tyoun 1X75 L 75 • 46 34 . 50 may 6 Chambers of roll ity Hall, lake,,Texas..The Avenue,purpose South. the ublichear IIgnglstoconsid er C Y IOF SOUTHLAKE TEXAS ORDINANCE NO.48121 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- INANCEOFTHEC TYNLf OOF OUTHLAKE TEXAS RANTING A ZONING HANGS ON A CERTAIN RACT OR TRACTS OF LAND WITHIN THE EXAS F SOUTHLAKE, SING A 6.0754 ACRE RACT OF LAND SITUAT- D IN THE LITTLEBERRY HALL SIR 686 AAB,- 1 EIINGT N TRACTS 3C AND 3D COM- SUBSCRIBED AND SWORN TO P°ETELY DESCRIBED IN 14, EXHIBIT A'FROM'1CULTURAL TO;AG" IIS THE 6T1 AY OF MAY, 19 4 CLOAL SUBJECTOTO THE NOTARY PU:LIC )14., /I � SPECIFIC REQUIRE TMHISTORDINANCnEEDOR RECTING THE OFFICIAL T�RRANT COLNTY, TEXAS ZONING ALL 01 HER SPOR- TIONSOF THE ZONINGOR- DINANCEJDETERMINING Ju"' TEST THE PUBLIC INTER fR! •�1+e �INDA K. BLEVINS EG CHANGES RAL^WELFARE GDE- ro`, h',, MEN SEHEREIN MADE yYf_/'.•Ii COMMISSION EXPIRES PROVIDING THAT THIS �t"r», ��;'� /� itt) RDINANCE SHALL BE 'ti7�e� ,,,.te " SEPTEMBER 13, 1997 ITV(, UMULATIVE FALL OR• �s�� NANCES•PROVIDING A V ERABIIGI FORCAAPEN- TEAR ALONG THIS PE IN THE LOWER PORTION WITH YOUR PAYMENT AL Y FOR VIOLATI N HEREOF; PROVIDIN SAVINGS CLAUSE PK VIONNIN FOR OFF CIAL ID Nc AN EFFECT E REMIT TO: 400 W• SEVENTH, FW, TX 76102 ATE. thl randexas aItndka L�Le� Fort Worthstar.Tei Secretar FtE�°;' T�': A XC C 1�5 X6 t C I 500(1 71-2051 ACCOUNT AMOUNT 2667585 NUMBER CIT57 DUE 34 . 50 P 1 AL.I T)f 1 111 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY k . 34 . 50 • SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED