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480-151CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-151 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 0.987 ACRES SITUATED IN THE WILLIAM W. HALL SURVEY, ABSTRACT NO. 687, BEING A PORTION OF TRACTS 3A AND 3B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "O -1" OFFICE 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 "CS" Community Service District 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 GAORDVONING\480.151 Page 1 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 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: GAORDVONING \480.151 Page 2 Being a 0.987 acre tract of land situated in the William W. Hall Survey, Abstract No. 687, being a portion of Tracts 3A and 3B, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "CS" Community Service District to "O -1" Office 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 violations and all pending litigation, both civil and criminal, whether pending in court GAORMONING\480.151 Page 3 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. PASSED AND APPROVED on the 1st reading the 4— day of , 1994. ro"O"- MAW i � VA ATTEST: ITY SECRETARY PASSED AND APPROVED on the 2nd reading the u day of iu�1994. y t�(� - W AMA Y UK O J► ATTEST: � h4tij, "-h A14xx-' ITY SECRETARY GAORWONINGW80.151 Page 4 APPROVED AS TO FORM AND LEGALITY: swrOMMMIN. ATTORNEY CITY i"'im GAORMZONING\480.151 Page 5 EXHIBIT "A" A TRACT IN THE WM. W. HALL SURVEY, ABSTRACT NO. 1709, SITUATED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING THE TRACT DESCRIBED IN A DEED FROM CLAY CROPP ETUX TO TEXAS SECOND ADVENT CHURCH CONVERENCE OF RECORD IN VOLUME 1739, PAGE 597 AND A PORTION OF THE TRACT FROM C. J. WALL TO SECOND ADVENT CHRISTIAN CHURCH OF RECORD IN VOLUME 985, PAGE 564, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a cc crete monument in the East line of the tract described in Volume 1739, Page 597, above referenced, said point being the Northeast corner of a tract described in a deed to State of Texas of record in Volume 11451, Page 1202, Deed Records, Tarrant County, Texas. THENCE N. 82 - 14' - 32" W. (base bearing Volume 11451, Paqe 1202; 179.41. feet along a Northerly line of the last referenced tract to a concrete monument found for corner; THENCE N. 86 -- 52' - 35" W. 145.88 feet continuing along the Northerly line of the last referenced tract to a 5/8 smooth TROT iron found in the East line of Lot 6, Block 6, Diamond Circle Estates, as shown on a plat of record in Volume 388 -81, Page 69, Plat Records, Tarrant County, Texas, THENCE N. 3 - 44' - 49" E. along the West line of the tract described in Volume 985, Page 564, above referenced, and continuing along the West line of the tract described in Volume 1739, Page 597, above referenced, 149.19 feet to a '," iron found at the Northwest corner of the last referenced tract; THENCE S. 85 - 40' - 44" E. with the North line of the last referenced tract and the South line of Lot 8, Block 6, Diamond Circle Estates, above referenced, and with a brick wall 315.50 feet to a point on said brick wall at the Southeast corner of said Lot 8, Block 6, being the Northeast corner of the herein described tract; THENCE S. 0 - 17' - 47" W. 138.38 feet with the West line of Lot 9, Block 6, of said Diamond Circle Estates, same being the East line of the tract described in Volume 1739, Page 597, above referenced to the POINT OF BEGINNING and containing 42,975 F/- square feet -- 0.987 acres. GAORMZONINQ480.151 Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS Jnty 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 NO. DESCRIPTION AD SIZE 1NoT�NE RAg _ AMOUNT 1 OCT 21' 3071064 CL . 358 1X75 L 75 .46 34 . 50 oct 21 P.O. # _ORD U=151 CITY OF EORDASOUTHLAKE CNTEXAS 480-151 AN ORDINANCE AMEND- ING ORDINANCE NO. 4q11 AS AMENDED THE COM- PREHENSIVE'ONINGOR- D I NANCE OF THE CCITY OF SOUTHLAKE TEXAS GRANTING A ZONING` , CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,_TEXAS BEING 0.987 ACRES SITU- _ - --- ATED IN THE WILLIAM W. -- --- ---- HALL SURVEY GA / /•- PORTION OF BTkACTS 3A SIGNED /�//�///�/� ( � AND 38 AND MORE FUL- THIS UBSCRIBED AND DESCRIBED INPEXHIBIT ME, Tfi7S T E 2TS'T AY DCTOLE;�1994 "A" FROM"CS"COMMU- ' SW NITY SERVICE DISTRICT NOTARY PUBLI ' TO "0-1" OFFICE DIS- ' TRICT SUBJECT TO THE, .60 SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE COR- TARRANT CO NTY, TEXAS RECTING THE OFFICIAL ZONING MAP PRESERV- ING ALL OTHER POR TIONSOF THE ZON INGOR- .,,� DINANCE;DETERMINING �r:7•�•• 41 THATTHE PUBLIC INTER- $ . :' •9%y LINDA K. RtEVINS EST MORALS AND GEN- e ERAL WELFARE DE- If :i,•' COMMISSION EXPIRES r MAND THE ZONING i OFFICE OF CHANGES AND AMEND- MENTS HEREIN MADE � .F•.....:ti". f SEPTEMBER 13, 1997 r^ PROVIDING SHALL BE 1,'��%: CITY SEC►.ETARY DI,NANCESVPROVIDINGGA SEVERABILITY CLAUSE PROVIDING A SAVINGS` -TEAR Al CLAUSE PROVIDING FOR>N AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PUBLICATION IN THE OF- F ICIIALNEWSPAPER AND TRIp VIDING AN E_F'FEC- IVE DATE 'Section 7.Any person,flrmorI REMIT TO: 400 W . SEVENTH , FW, TX 76102 corporation who violates,dl- snhays,omits,neglects or re- FortY1•uses to comply with or who k �� reslststheenforcementofany F:E:N:I-�: :(;�: ;► R.{e(.x4 XX(X1(p(1¢(q�-g(,�%KX o-2051 of the provision of ihls ordl- Hance shall be fined not more ram than Twqq Thousand Dollars LS2,000.001 for each offense. ACCOUNT Each day that a violation Is C I T 5 7 AMOUNT 34 . 50 permltteepdtoexlstshallconstl- NUMBER DUE PASSED AND APPROVED BY THE CITY COUNCIL OF :THE CITY OF SOUTH- 1 1 LAKE THIS THE 18THDAY OF I OF OC'TOBER,1994. 1 Gary Fickes, Mayor of Southlake Attest:Sandra L.LeGrand, City Secretary Approved as to form: Allen Taylor Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE 34 . 50 1 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED fort Worth StarFe1egram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TuE 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL NC N RATE AMOUNT E OCT 0713061716 , CL • 358 1X 84L 84 . 46 38 . 64 1 oct 7 P . O . # ORD #480-151 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun cll of the City of Southlake, Texas,will be holding a pub!is hearing during the Regular City Council meeting to be held on October 18994,be- ginning at 7 00 p.m.`The meet- ing will be held in the City Council Chambers of City Hall,667 North Carroll Ave- nue, Southlake, Texas. The Purpose of the public hearing s to consider the following or- dinance: SOUTHLAKE.TEXAS , S I G N E I► (Zei ��` ORDINANCE SOUTHLAKE., 480-151 ---- UBS'CRIBED AND S INGD ORDINANCE O.44800, E ME , T I THE 7TH DAY OF °clog , 994 AS AMENDED THECOM- D EHENSOFTHONINGOF NOTARY PUBLIC , GRANTINGEA ZONINSGI TRACTEORNTR CERTAIN TARRANT CO TY, TEXAS__„__.,,-.._.....,._ LAND WIHTIN THE CITY OF SOUTHLAKE TEXAS BEING 0.987 ACRES SITU- + �'a�Pl r ATED IN THE WILLIAM W. $HAIL SURVEY AB- a LIN9A K. BLEVINS PORTION OF OF87,13EI SG3A # . /-:�tt� AND 38 AND MORE FUL- LYI y' y� COMMISSION EXPIRES AND COMPLETELY 4i,. DESCRIBED IN EXHIBIT � ill` ;..• — SEFT€MBE-R-13,--1997 "'A"FROM"CS"COMMU- hsw F f 1 NITY SERVICE DISTRICT REQUIREMENTS CON- TAINED IN THIS ORDI- THE OFFICIAL ZCORREONIING TEAR MAP- PRESERVING E ER VINGNS ALL ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�4 OTHtR THE ZONING ORDINANCE;DE- TERMINING THAT THE PUBLIC INTEREST,MOR- FARRDED MANDRTHEZON- REMIT TO : 400 W . SEVENTH, FW , TX 76102 ING CHANGES AND AMENDMENTS HEREIN dMADE.PROVIDING THAT BEICU6MULAT ORDINANCE O SHALL PEMIT TO: �' 15(9( �1Aci1xEL16i�j1NOATkLSfiXAS.7�6{,01-2051 Fort Worth INGIA SEVEI2ABIILITYI MOON llll/�111C11J11111111J11� CLAUSE;PROVIDING FOR gram ACCOUNT AMOUNT 3061716 TIONS PENALTY .FOR VIOLANUMBER C I T 5 7 DUE 38 . 64 ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL' 1 NEWSPAPER, AND PRO- VIDING AN EFFECTIVE F DATE. Section 7.Any person firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists theenforcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars (S2,000.00) for each offense. Each day that a violation Is permitted toexist shal I consti- tute a separate offense. City of Southiake,Texas CITY OF 5 CIt vSecretaryrand 667 N CARROLL AVE PLEASE PAY 38 . 64 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED