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480-197CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -197 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 3.00 ACRES SITUATED IN JESSE G. ALLEN SURVEY, ABSTRACT NO. A -18, TRACTS 4A15, 4A16A, AND 4A18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND `B -1" BUSINESS SERVICE PARK DISTRICT TO "S -P -1" DETAILED SITE PLAN TO ALLOW GYMNASTICS, SWIMMING, DIVING, DANCE, MARTIAL ARTS INSTRUCTION, ARCHERY RANGE, AFTER - SCHOOL CARE, SUMMER CAMP PROGRAMS, PRO -SHOP, AND OTHER RELATED BUSINESSES, 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 District and "B -1" Business Service Park District District under the City's Comprehensive Zoning Ordinance; and L:\CTYDOCS\ORD\CASES\480-197.WPD Page 1 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 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, L:\CTYDOCS\ORD\CASES\480-197.WPD Page 2 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 3.00 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. A -18, Tracts 4A15, 4A1 6A, and 4A18, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District and "B -1" Business Service Park District to "S -P -1" Detailed Site Plan to allow gymnastics, swimming, diving, dance, martial arts instruction, archery range, after - school care, summer camp programs, pro -shop, and other related businesses as depicted on the approved Site 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 L:\CTYDOCS\ORD\CASES\480-197.WPD Page 3 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 of , 1996. AYOR L:\CTYDOCS\ORD\CASES\480-197.WPD Page 4 ATTEST: z �� a400e" CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. ATTEST: ItL N il � ��� ctry SECRETARY APPROVED AS TO FORM AND LEGALITY: L,A) 16- 0,d -- CITY ATTORNEY DATE: ADOPTED: WU4 A / , 1I9� EFFECTIVE: A ` * L:\CTYDOCS\ORD\CASES\480-197.WPD Page 5 EXHIBIT "A" THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, we, 10%NDAL B_ SNOW, et ux DE80RA K. SNOW, are all the owners of tract of land situated in the J. G. Allen Survey, Abstract No. 18, County of Tarrant, according to the deed in Volume 8822, Page 1197, DRTCT, and more particularly described as follows: BEGI*Mr- in the West line of said J.G. Allen Survey and being N Oo 18' 15" W a distance of 496.19 feet from the Southwest corner of said J.G. Allen Survey; N Oo 18' 15 W a distance of 450.0; TMDM N 890 43' E at a distance of 30.0 feet to a set 5/8 inch iron rod, a total distance of 349.03 feet to a set 5/8 inch iron rod; ZSENCL S Oo 15' 07" E a distance of 250.0 feet to a found 1/2 inch iron rod; TFUMM S 890 43' W a distance of 131.0 feet to a set 5/8 inch iron rod; S Oo 13' 34" E a distance of 199.48 feet to a found 1/2 inch iron rod; TMMM S 890 34' 47" W at a distance of 187.53 feet to a set 5/8" iron rod at a total distance of 217.53 to place of beginning, containing 3.000 acres or 130,706 square feet of land. G:\0RD \CASES \480 -197. WPD Page 6 EXHIBIT "B" 'I I 11 a t E � IIP�'PP II �I M•,11 VWp. • � E I 1 ( p W : - 11 � ", �', "': ) P • ; io till v 11 Il�lf � , I IJi�•'i�.� K U It4aI s AWP V".,, w'+M TIL9A '1111 + G:\ORD\CASES\480-197.WPD Page 7 FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram 1842970 AD INVOICE NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7 ACCOUNT NO. STATE OF TEXAS Illity of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant 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 NCH/LINE 5/24Mg 1842970 CITY OF SOUTHLAK I358 1x 84L 84 . 66 55 . 44 CITY OF SOUTHLAKE,TEXAS 10 5/2 4-0 5/2 4 ORDINANCE NO.480-197 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE CON)PRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS• GRANTING A ZONING • TRACT CHANGE ORN TRACTS CERTAIN OR LAND WITHIN THE CITY OF SOUTHLAKE TEXAS, BEING APPROXIMAI`ELY 3.00 ACRES SITUATED IN JESSE G. ALLEN SURVEY AB- STRACT NO. A-18, TRACTS 4A15, 4A16A, AND 41A8, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" - --- - - -- -- -- AGRICULTURAL DISTRICT AND "B-1" BUSINESS SER- VICE PARK DISTRICT TO"S- P-1" DETAILED SITE PLAN TO ALLOW GYMNASTICS, SIG SWIMMING,DIVING,DANCE, SIG MARTIAL ARTS INSTRUC- TION, ARCHERY RANGE, AFTER-SCHOOL CARE SUM- SU P o-SHOP INPROGRAMS, E - /ORN TO BEFORE ME, THIS THE 28th DAY OF May 1996 • LATED BUSINESSES SUB- ��` JECT TO THE SPECIFIC RE- _V. �UIREMENTS CONTAINED •;^WI', P , lakIN THIS ORDINANCE,* COR- RECTING -aY Notary Public .O. THE OFICIAL jRHONDA R. GOKE ry ZONING MAP PRESERVING =i•' • COMMISSION EXPIRES THa ALL OTHER PORTIONS OF ; fDET ZONING ORDINANCE SEPTEMBER 8, I999DETERMINING THAT THE 1,7s TARRANT COUNTY,TEXAS PUBLIC INTEREST,MORALS h(F`ot�tr AND GENERAL WELFARE DEMAND THE ZONING - - - - CHANGES AND AMEND- MENTS HEREIN MADE;PM: PI- NANCE SHALL BeCUMULA-•IGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ' TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; FOR IDIVINNGAF R A TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A HEREOF,PROVIDING A SAV- INGS CLAUSE PROVIDING i FOR PUBLICATION IN THE i ND OROVIFFICAINGL • DATE. For Section 7.Any person,firm or • r.Telegram corporation who violates, disobeys omits,neglects or REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 refuses.(o comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined ACCOUNT C I T 5 7 AMOUNT 55. 44 not more than Two Thou- NUMBER DUE sand Dollars (52 000.00) for each offense. Each.day that a vio permitteda separate offense. PAGE 1 OF 1 to exist shall constitute IF ANY QUESTIONS, PLEASE CALL(817)390-7501 PASSED AND APPROVED THIS THE 21 DAY OF MAY, 1996, DURING THE REGU- LAR CITY COUNCIL MEET- ING OF THE CITY OF SOUTH- LAKE TEXAS. MAYOR GARY FICKES ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM:S SOUTHLAKE E.ALLEN TAYLOR,JR., - CITY ATTORNEY eer N CARROLL AVE SOUTHLAKE , TX 76092 9595 55. 44 PLEASE PAY THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Fort Worth Star-Teleararn AD INVOICE NO. 1759313 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TammiP Bryant 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 INTOTAL RATE AMOUNT CH/LINE 5/10M 175931 NOTICE OF PUBLIC I358 1x 61L 61 . 66 40 . 26 NOTICE OF 05/10-05/10 PUBLIC HEARING NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a•public hearing dur ing the Regular City Council Meeting to be held on May 21,1996 at 7:00 p.m.in the City Council Chambers of -. _..... ... .. .._.. City Hall, 667 North Carroll Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading • of the folkin OF ordinance: SOUTHLAKE TEXAS ORDINANCE Nd.480-197 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- ANCE OF THE CITY OF 4ANTING UTHLAKE, A ZONING S ANGE ON A CERTAIN SIG ACT OR TRACTS OF LAND (THIN THE CITY OF SOUTH- Sl FULLY TEXASND COMPLETELY3WORN TO BEFORE ME, THIS THE 14th DAY OF May 1996 DESCRIBED IN EXHIBIT A' FROM TO SUBJECT TO THE I �� /� SPECIFIC REQUIREMENTS r �.••0 \fV �U ` . CONTAINED R THIS •ORDF 1raY•°t)h NotaryPublic �L NONCE; CORRECTING THE o.:' .'srtll RHONDA R. GOKE OFFICIAL ZONING MAP,PRE- $;2: ••.ny SERVING ALL OTHER POR- S•! $ COMMISSION EXPIRES • TIONS OF THE ZONING �y y OR- DINANCE,' DETERMINING I•III Syr. 'T, TARRANT COUNTY,TEXAS THAT THE PUBLIC INTER- ,lire."-..• .-- SEPTEMBER 8, 1999 EST, MORALS AND GENER- oFc,. AL WELFARE DEMAND THE =—�►Y. ZONING CHANGES AND • AMEDNMENTS HEREIN THISEORDINANCENSHALLHBT E ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CUMULATIVE OF ALL ORDI- NANCES-PROVIDING A SEV- ER BOR A PENALE-FOR IID--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--. INVI- OLATIONS A SAVINGFS CLAUSE; PROVIDING FORbrALAtotAul _ PUBLICATION IN THE OFFI- PGPETVEROVIDINAN EFFECTIVE DATE. Qi City of Southlake F I Sty Secretary e r tarYrand 1Star.'1'e1egrari REMIT TO: 400W SEVENTH ST •FORT WORTH,TEXAS 76102 Ci Secretar • .w NW-0 Is 1759313 ACCOUNT CIT57 AMOUNT 40.26 NUMBER DUE PACE I OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 S CITY OF SOUTHLAKE - 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 40. 26 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED