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480-176CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-176 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 0.47 ACRES SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING TRACT 2A., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WI-IEREA§, 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 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 dangem, 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 ORDA1NED BY THE CITY COUNCIL OF THE CITY OF ~0UTHLAKE, 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 mended, 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 0.47 acre tract of land situated in the H. Granberry Survey, Abstract No. 581, being Tract 2A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "O-I" 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 coiranunity. They have been made after a full and complete heating 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 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 / day o~,~ , 1995. ATTEST: PASSED AND APPROVED on the 2nd reading the ~day of ~gT, 1995. 4A¥OR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:_, ~/"~'1~ ,~/ [~'"- AyOPTED: ~~_ ~~ Pagc 5 EXI tlBIT "A" PROPERTY DgSCR[PT[ON A TRACT.OF.LAND IN XHE HrRAM.GRANBER~Y.,%URV~.y..ABSTRACT No. 581, SITUATED IN TAR,RANT COUNTY. TEXAS. AND BEING A PORTION OF THAT TRACT CONi/~YEDBY DEED TO VF..RNON 0. JAC~SONAS RECO. RDF..D IN VOLUME 4044, PAGE 676. DEl:iD RECOP, DS. TARRANT COUNTY. TEXAS AND B~qCRIBR~ BY bII{T~.ANI) BOUNDS AS FOLLOWS: COMMENCING AT THE NORTAq~IKST COHNt~ OF SAID GRANBfiI~RY SUR~EY; TBJiMCESOUTH Og i~E,GHEES 24 MJNUT~S 24 SECONDS ~EST A DISTANCE OF 56.52 FEET (DE~ CALL) TO A 5/8" IRON ROD FOUND IN THE SOUTH J~IGHT OF ~y I,I~E. OF SOUT~LAKF BOULEVARD F. M, 1709 (R/W VARIES): THENCE SOUTH 87 DEGREF~ 5g MJNU~S 16 SECONDS EAST A DISTANCE OF g70-78 ~f~5T TO A 1/2" IRON ROD SET AT TIlE POINT 0F BEGiNNING ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF i~,.ND CDNV~ftiD BY DB~D TO THE STATI{ OF _T~_X.AS AS RECORDED IN VOLt~4E ZBGg. PAGE 373. SAID DEED RECORDS: THENCE SOUTH 87 DEGREES 52 MINUTES .~ SECONDS EAST ALONG THE SOI~H LINE ~¢ SOUTHLAKE BOUi-EVARD3h~DSTATEOFTEXAS TRACT A DISTANCE OF 80.00 FEET TO AN IRON ROD W/CAP STAMPED C~E F0.UND. IN mHE WEST LINE OF LAKE CREST ADDIT~0N: -HENCE SOUTH 02 DEGREF_q 18 MI~fF~S Wl~qT A DISTANCE OF 239-40 FEET TO a !/2" IRON PIPE FOUND ~X TH!~. SOUT._HEiST CORNER OV SAID VERNON o, JACKSON TRACT; ..... THENCE NORTH 88 DEGKEE..5 57 M[NIITES 52 SECONDS WEST A DISTANCE OF 80,00 ]YEET TO A 1/Z" IRON ROD S5'T AT T~ SO~ST CORNER 0F A ~A~ OF I~ ~O ~ W&L~ E. MORRIS ~ BEARDED IN VOL~ 8374, PAGE M!86, DE~ RECORDS, TAR~ ~Y, TEXAS: T~NGE NORTH Oa DEG~ES !6 M!~ES 00 ME~S ~ &ONG ~E EAST LI~ OF-SAID MOkRIS ~ A DISTANCE OF OF BEGINNING ~ CO~AINING 0,47 ACRES OR 19 131SQU~ RE~ OF LAND MORE OR LESS, - ' - Page 6 FED. I D. NO. 22-3148254 Fort Worth Star-Telegram AD INVOICE NO. 356258 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 ERC THE STATE OF TEXAS Auu 1 County of Tarrant 199 ,re me, a Notary Public in and for said County and State, this day CITY SECRET Ry 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 INCH/AL E 8/04ME 356258 ' NOTICE OF PUBLIC I358 lx 67L 67 . 55 I 36. 85 08/04-08/04 • NOTICE OF PUBLIC HEARING _• .. NEN TO ALLCNTERESTED Y ERSONS' that the City Council of the City of Southlake,Texas,will _... be holding a public hearing I during the Regular City Council meeting to be held on August 15, 1995, begin- ning at 7:00 p.m.The meet- ing -- will be held in the City Council Chambers of City I Hall, 667 North Carroll Ave- nue, Southlake, Texas. The purpose of the public hear- ing is to consider the follow- ing ordinance: CITY OF SOUTHLAKE,TEXAS ---- ORDINANCE NO.480-176 - AN ORDINANCE AMENDING ORDINANCE CNO. A 480D1 AS iXfj -n71)-b AMENDED, THE COMPRE- HENSIVE ZONINGORDI- NANCET OF THEECITY OF SIGNED SOUTHLAKE, TEXAS' ZONING CHANGEGON AA CERTAIN TRACT OR TRACTS OF LAND SCRIBED AND SW LAIKENTEXAS s°NG O0.47lE, THIS THE 10TH DAY OF AUGUST 1995 ACRES SITUATED IN THE H. 'o.-to."b-o GRANBERRY SURVEY AB- STRACT NO. 581 BEING iernardeZ I TRACT 2A AND MORE FUL- Notary Public LY AND COMPLETELY DE- Ex ireS SCRIBED IN EXHIBIT "A" p FROM "AG" AGRICULTURAL /('' `l`-' ,- �J TO "0-1" OFFICE DISTRICT 4, O 1998 TARRANT COUNTY,TEXAS �9 i t n,,:�,, y �.�1�1 SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAIF4ED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING PRE- SERVING ALL OTHER POR- PLEASE PAY THIS OF ORODNINS DETERMINING ) RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THAT THE PUBLIC INTER- EST, MORALS AND GENER- A-� AL WELFARE DEMAND THE ON AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------A, AONING CAND MENDMENTS NGESHEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVPort Wort' FOR VI BI ATY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVING raI REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL356258 NEWSPAPER AND PROVIDING AN EFFECTIVE ACCOUNT AMOUNT DATE. NUMBER C I T 5 7 DUE 36.85 Cityof Southlake,Texas City Secretary LeGrandandra L. PADS L OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501 CITY OF SOUTHLAKE ATTN : Sandra L . LeGra 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY , 36.85 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD INVOICE NO. 442429 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 THE STATE OF TEXAS County of Tarrant ire 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 CH/LI RATE AMOUNT 8/18ME 442429 CITY OF SOUTHLAK I358 1x 73L 73 . 55 40.15 08/18-08/18 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-176 AN ORDINANCE AMENDING - - ---- --- --- - ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' - "- - - - GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUP` LAKE, TEXAS BEING 047 ACRES SITUATED IN TI.L H. GRANBERRY SURVE1 AB- STRACT NO. 58) BEING TRACT 2A AND MORE FUL- • LY AND COMPLETELY DE- FROM E AG IN GRICULTURAL - ` ^ TO "0-1" OFFICE DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CON- ti TAINED IN THIS ORDI- SIGNED _ C---- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SCRIBED AND SI• TIONSNGOFLLTHEHER ZONING POR- E ME, THIS THE 25TH DAY OF AUGUST 1995 ORDINANCE; DETERMINING _ ( , - THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND TGHE f Ann Hernandez ZONING CHANGES AND Notary Public OFFICE OF AMENDMENTS HEREIN mission Expires iT MADE PROVIDING THAT CITY S EC'2ETARY CHUIMLATIIN NCE OSFH ALLA BE >tuber 14, 1998 TARRANT COUNTY,TEXAS ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS PLEASE PAY THIS • Pu LCATIONOINIDTHE O°Rl- AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN NEWSPAPEFFECT VEE A-- DATE. ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--y 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 Fort Worthnot more than Two Thou- sand Dollars IS2 000.00) .., for each offense. Each day grain REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 that a violation is permitted to exist shall constitute a separate offense. 442429 PASSED AND APPROVED BY NUMBERCCOT CIT57 AMOUNT 40.15 THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS THE 15TH DAY OF AUGUST, 1995. 1 1 IF ANY QUESTIONS,PLEASE CALL(817)390-7501 /s/Gary Fickes OF Mayor of South)ake Attest: /s/Sandra L.LeGrand, City Secretary /s/Approved as to Form: /sCity Attor Allen eyaylor,Jr. CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 40 . 15 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED