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480-156CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-156 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 4.007 ACRES SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACT 5C2 AND TRACT 5C3, 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 GAORMONING \480.156 Page 1 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: G AORD\ZONING \480.156 Page 2 Being 4.007 acres of land situated in the J.G. Allen Survey, Abstract No. 18, Tract 5C2 and Tract 5C3, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "CS" Community Service District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". 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 GAORMONING\480.156 Page 3 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 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 lst reading the -L day of , 1994. PASSED AND APPROVED on the 2nd reading the 'Ah— day of k—&- Mkx)1994. O �C SpUT H[,q �hF AYOR ATTEST: A a C7 C TY SECRETARY GAORMZONINM480.156 Page 4 CITY SECRETARY EXHIBIT "A" Being 1.007 acres of land out of the J. G. Allen Survey, Abst. 18, Tarrant County, Texas and out of a 17.871 acre tract of land conveyed to Louise Cooke as rec. in Vol. 1068, page 529, Deed Records of Tarrant County, Texas, BEGINNING at an iron pipe in the South line of State Highway F.M. 1709, a distance of 2485.4 ft. South and 3109.6 ft. East of the Northwest corner of the said Allen Survey; THENCE VITH SOUTH line, North 75 deg. East, 76.39 ft.; North 79 deg. 45 min. East, 243.05 ft.; North 79 deg. 09 min. East, 105.ft. to a pipe, THE PLACE OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH 79 deg. 09 min. East, 338.7 ft. along said South line of F.M. 1709 to an iron pin set for a corner; THENCE SOUTH 581.2 ft. to an iron pin set for a corner and said point being in the most Southerly North line of the Wiseman Tract; THENCE WEST along the Wiseman Tract, 301 ft. to an iron pin found for a corner; THENCE NORTH 3 deg. 30 min. Nest, 518.1 ft, to the point of beginning. GAORMZONING480.156 Page 6 EXHIBIT "B" Y I S � 7 � Y dyVV .a b evo_ i P 6 R &x Ml _ �s u 94 J Z W ' C7 § J Y •'.� J Y 1 !�e �� a i y 0' = N H V = L y Z Y � C J f 4b N 'A to R iii wpm o•o.� I � i ip _���_ �``\``\� \ \` \ \ \\ ; \\ \\ \\ 11 �_—�� —' �� \\ \ •� \ °�\ \\ \ � \\ \ i �I Ordinance No. 480 -156 Page 7 ° 3 W � y V z 0 c 9 9 B� r s c 00 V 7 94 J Z W ' C7 § J Y •'.� J Y 1 !�e �� a i y 0' = N H V = L y Z Y � C J f 4b N 'A to R iii wpm o•o.� I � i ip _���_ �``\``\� \ \` \ \ \\ ; \\ \\ \\ 11 �_—�� —' �� \\ \ •� \ °�\ \\ \ � \\ \ i �I Ordinance No. 480 -156 Page 7 ° 3 W � y V Z Y � C J f 4b N 'A to R iii wpm o•o.� I � i ip _���_ �``\``\� \ \` \ \ \\ ; \\ \\ \\ 11 �_—�� —' �� \\ \ •� \ °�\ \\ \ � \\ \ i �I Ordinance No. 480 -156 Page 7 ° 3 W � y V tort Worth atar=lelegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE 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 RATE AMOUNT NOTALCH/LINE DEC 23 3102574 CL • 358 1X76 L 76 .46. 34.96 dec 23 P . O . # ORD #480-156 SS CITY OF ORDINANCE NO.E48X0---156 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVEI HE CITY OF SOUTHLAKE TEXAS GRANTING A ZONING` -- --- CHANGE ON A CERTAIN - - TRACT OR TRACTS OF OFND WITHAKEHTEXAS BEING I4.007 THG.ACRESSITU- ATED A �i SSURVEY,R 5C2 AND TR ACOT }� y y/ �� C3 AND MORE FULLY SIGNED tC UBSCRIBED D St AND COMPLETELY "A" ME , THIS THE 27TH DAY OF DECE BER, 1994 C SCRIBED IN EXHIBIT DE- FROM TO ' ' COMMU- NITY ll`� TURAL R ICED coMMU NOTARY PUBLIC �0JG�„ SUBJECT TOCTHEISPECIF- /1(� IC REQUIREMENTS CON- NAINE IN THIS ORID- TARRANT COUNTY , TE AS ANCE CORRECTING HE OFFICIAL ZONING MAP, PRESSERVING ALL OTHER PORTIONSOFTHE ZONING ORDINANCE;DE- i TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- ny F Lt FARE DEMAND THE ZON- FFICEOF ING CHANGES AND o r �I}1 R. ar „rrlA (� AMENDMENTS HEREIN ,,• PROVIDING THAT � tYCJ _ ,q6RDINANCE SHALL rw v�CIT SEC gE CUMULATIVE OF ALL C Y ,..TA° ORDINANCES PROVID- 41995 i4' gip'`+� LAUSE;PROVIDING FOR PENALTY FOR VIOLA- TEAR p IONs HEREOF EMI DN AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ING A SAVINGS'CLAUSE; —..,, PR VIDING FOR PUBLI- N SIQNP IN THE OFFICIAL N�W PAPER AND PR VI ING AN AFFECTIVE DATE. REMIT TO : 400 W . SEVENTH, FW , TX 76102 Section 7.Any person firm or corporation who violates, - - disobeys, omits, neglects or _ For! 1!!5Y4Ith refuses to lslons fthorwho ACCOUNT'. i► X (7@4�X9X1X%X1 X" XXVX X1-2051 resists tmore gram of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars NUMBER C I T 5 7 AMOUNT 34.96 f2,00day for each offense. Each day that a violation Is I permittedtoexlsfshallconsti- I lute a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF 1 1 THE CITY OF SOUTH- OF LAKE,THIS THE 20TH OF DECEMBER,1994 Gary Flckes, Mayor of Southlake Attest:Sandra L.LeGrand, City Secretary Approved as to form: I E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE 34.96 1 SOUTHLAKE TX 76092-9595 PLEASE PAY THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED fort Worth tar1ëIegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 --- 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 : NOTICE OF PUBLIC HEARING ' NOTICE IS HEREBY GIV•' EN TO ALL INTERESTED PERSONS that the City Coun- cil of the City of Southlake, Texas,will beholding a public hearing during the Regular City Council meetin9 fo be TOTAL AMOUNT DATE AD INVOICE NO DESCRIPTION held on December20_ 1 - INCH LINE_ .—.: — _—.__ glnningat7:00p.m.1`he meet- ing will be held in the City DEC 09 3096461 , CL • 358 C Council Chambers of city 73 . 46 33 • )8 Hall,667 North Carroll Ave- ' nue, Southlake, Texas. The i - - purpose of the public hearing (�E'L 9 I Is to consider thefollowingor- -- -- - - P . O . # ORD #480-156 dinance: CITY OF SOUTHLAKE. TEXAS ORDINANCE NO.480-156 AN ORDINANCE AMEND -ING ORDINANCE NO. 480, PREHENSIIVEZONINGOR DINANCE 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 4.007 ACRES SITU • ATED IN THE J.G.ALLEN SURREY 5C2ANDTABSTRAC CT O. 18 TRACT AND TRACT 5C3 AND MORE FULLY AN(J COMPLETELY DE- _ J- h 111 0 SCRIBED IN EXHIBIT"A'"/Q/�J/� S] TURAL TOG'CS COIMMU IBSCRIBED AND SWORN TO BEFORE MEI s"ut jECR OTHEISPECIF i; •DAB OF DE 0 I:ER, 1994 IC REQUIREMENTS CON NAINCE IN GU LIC THE OFFICIAL ZONING MAP, PRESERVING ALL TH�R PORTIONS OF THE -.. ONINGORDINANCE;DE I ARRANT COUNTY , TEXAS --- - --- ERMINING THAT THE UBLIC INTEREST,MOR- ALS AND GENERAL WEL- �F FARE DEMAND THE ZON ING CHANGES AND _......._. _......_.._.... ._..._....-. _. .� AMENDMENTS HEREIN CITY SEC.? T' RY MqDENNSHAI THIS6RDIACEALL BE CUMULATIVE OF ALL ORDINANCES• PROVID- ING A SEVERABILITY ALPENA LRYOFOR VIOLA TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE, PROVIDING FOR PUBLI• -TEAR ALONG THIS PERFORATION ANI NEWSPAPERHEAND OFFICIAL NEWSPAPER- PORTION WITH YOUR PAYMENT VIDING AN EFFECTIVE ATE. GIN of Southlake,Texas Sandra L.LeGrand `-"y Secretary , , 400 W . SEVENTH, FW, TX 76102 _, Fort Worth Star-TelegramTO:ACCOUNT AMOUNT 3096461 NUMBER CIT57 DUE 33. 58 PAGE IF 1 CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY , 33.58 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED